PRESS RELEASE

The Appointed Acting Council of the Palestinian Bar Association Challenges the High Court Decision

Ref: 78/2000

Date: 15 June 2000.

In contravention of a Palestinian judiciary decision, the Appointed Acting Council of the Palestinian Bar Association denies the rights of one of the PCHR lawyers to exercise his profession.

At the beginning of the week, Mr Asharaf Nassrallah, lawyer from PCHR Legal Unit was surprised to hear the refusal of the Acting Council to certify some legal documents on the basis that he was no longer a practicing lawyer.

Mr Asharaf mentioned that Mr Ahmed El Moghani, member of the Appointed Acting Council refused to perform services that should be provided to members of the legal profession, on behalf of the Council and requested him to present the matter to Mr Abedalrahman Abu Nasser, Head of the Acting Council. The latter, told Mr Asharaf that he had no authority to certify the documents and the only one authorised to do so is Mr El Moghani himself.

To date these documents have not been certified.

On 10 May 2000, the Appointed Council sent a notice to all PCHR lawyers informing them of their removal from the register of “practicing lawyers”. As a result of such arbitrary measure taken by the Acting Council, the very last day of the legal period of its mandate, PCHR decided to bring the matter to the Palestinian High Court.

On 13 May 2000, PCHR requested the High Court to cancel the Acting Council’s decision. In its preliminary judgement rendered on 17 May 2000, the High Court decided the suspension of the measure taken by the Acting Council against the PCHR lawyers and other lawyers from the West Bank until its final conclusions. Such preliminary decision clearly states that until the Court’s final ruling the concerned lawyers can resume to practice.

The Palestinian Centre for Human Rights (PCHR) is deeply concerned of the practices of the Acting Council which violate the High Court’s decision ordering the immediate suspension of such measure. Moreover, PCHR calls upon the Acting Council to respect the rule of law and the Palestinian judiciary decision. PCHR further reminds the Acting Council that the non-observance of judiciary decisions is punishable under law.