PRESS RELEASE Released @ 2:00 GMT 5^th May 1998

Resignation of Palestinian Attorney General due to the undermining of his authority

The Palestinian Center for Human Rights expresses its deep concern about the current situation in the judiciary, especially the office of the Palestinian Attorney General, after the resignation of Palestinian Attorney General Fayez Abu Rahma seventy-eight days after the dismissal of the Chief Justice. The Palestinian Attorney General resigned in response to the repeated undermining of his authority and jurisdiction by the Executive Authority. The resignation of the Attorney General clearly indicates the true status of the rule of law in the areas controlled by the PA. The continuous undermining of the rule of law will certainly affect the status quo and the future of human rights in Palestine. On numerous occasions, the Executive Authority has not respected the decisions of the Attorney General, nor his authority and jurisdiction as set out in Palestinian Law. In any society, especially Palestinian society, the rule of the attorney general is of utmost importance because of his mandate to conduct investigations and to ensure respect for citizens’ rights, freedoms, and the general public interest.

The Attorney General’s decision to resign did not come as a shock because of a series of events that have occurred since he was appointed. Since 28 December 1997, the mandate of the Attorney General has been subjected to direct interference and his authority to administer the general prosecution has been significantly and illegally diminished. On 15 August 1997, the Palestinian Attorney General issued orders to release eleven Palestinians who had been detained for many months in the Gaza Central Prison without trial. At around 9:00pm that same day, the prison director released the men. Three hours later, they were re-arrested and the director of the prison was arrested for releasing the men.

On 9-10 April 1998, Palestinian police arrested Dr. Abdel Aziz Al-Rantissi and Dr. Ibrahim Al-Maqadma who are top leaders of Hamas. At the request of their families, the PCHR agreed to defend these men and applied for permission to visit their clients in prison. When the Palestinian police refused, the PCHR appealed to the Attorney General. On 13 April, he granted the lawyers permission for visitation, but this permit was also rejected by the Palestinian police. The PCHR then appealed to the Palestinian High Court of Justice, which decided inter-alia to allow the PCHR lawyers to visit their clients. However, the Palestinian police have yet to comply with this order.

The real reasons behind the resignation of the Attorney General still exist, namely the lack of respect and repeated neglect of his decisions. The PCHR has already expressed its concern for the severity of this continued problem. Though not shocked by the decision of the Attorney General to resign, the PCHR calls for an end to such neglect, advancement of the rule of law, and respect for the mandate and jurisdiction of the Attorney General. The PCHR affirms the necessity for law enforcement officials to respect the decisions of the Attorney General as well as the need for increased awareness of the mandate and jurisdiction of the Attorney General as set out in Palestinian Law.

Based on the above mentioned facts, the PCHR calls on the Executive Authority to give the Attorney General all authority provided to him by Palestinian Law while appointing a new Attorney General. At the same time, the PCHR reaffirms the need to respect his decisions and promote his jurisdiction in order to ensure the rule of law. A strong Attorney General and an independent judiciary are fundamental conditions for a Palestinian civil society in which justice, democracy, and respect for human rights prevail. The failure to promote these conditions cannot be justified by any situation, no matter how exceptional or how complex. The rule of the Attorney General and the independence of the judiciary are the keys to overcoming such situations. The power of the PA rests on respect for these principles in theory and in practice.

Note:

Attached to the Arabic addition is Order #473 (1956) regarding the mandate of the Attorney General.