PRESS RELEASEReleased @ 12:00 GMT 25 January 1998

the Dismissal of Chief Justice, Councilor Qusay Abadlah —

A Step which may Undermine the Independence of the Judiciary

In an unprecedented and surprising move, the head of the General Personnel Council in the PA, Muhammed Abu Sharia, decided to relieve the duties of the Chief Justice of the Palestinian High Court, Qusay Abadlah, by 16 February 1998. Abadlah was notified of his dismissal in a letter dated 17 January sent to his office. The letter said that since Councilor Abadlah is over the year of retirement, that is, 60 years old, he must resign his post by 17 February 1998.

Councilor Qusay Abadlah was appointed Chief Justice by Presidential Decree #21/1994 in accordance with the 1962 constitutional law for the Gaza Strip, and in conformity with the Law of Courts #31/1940. These laws were legacies of the British Mandate and the Egyptian Administration. Article 57 of the 1962 constitution states that the Chief Justice is appointed by Presidential Decree. Article 14 (1) of the Law of Courts of 1940 states: that the High Commissioner appoints all judges in the High Court according to royal approval, and that judges will remain in office upon the wishes of his Majesty, the King.

Since, with regard to Palestine, the powers of the High Commissioner and the British Crown were transferred to the President of the PA, only President Arafat has the authority to appoint or dismiss the Chief Justice of the High Court. This authority, which contains no reference to year of retirement or any annual contract, is on what the decision of the head of the General Personnel Council was based. Accordingly, the Palestinian Center for Human Rights is shocked by the unorthodox way in which Councilor Abadlah was dismissed. Abadlah did not even receive the letter himself, as he was in Egypt at the time; rather, it was sent to the director of his office. It should be noted that Councilor Abadlah was appointed to his post when he was already over “the year of his retirement” — 60 years old. It is also notable that the Presidential Decree does not refer anywhere to a contractual basis.

In a phone call made to Councilor Abadlah by the director of the PCHR on 24 of January, he confirmed that the decision to relieve him of his duties was illegal, and that he will return to his post as soon as he returns from Egypt in early February. Councilor Abadlah said he would bring up the affair with President Arafat, who has the ultimate say on whether or not Abadlah retains his position. Councilor Abadlah added that the decision of the head of the General Personnel Council did not personally affect him, but it affected the whole Palestinian judicial system.

PCHR refers to an interview with Councilor Abadlah published in Arresalah Weekly on 15 January 1998 (two days before his dismissal), in which he criticizes the interference of the executive authority in the work of the judiciary. In the same article Abadlah accused the PA Minister of Justice, Fraih Abu Middain, of obstructing the work of the judiciary, and he said that Middain humiliated judges. Councilor Abadlah also spoke about a variety of illegal activities levied against members of the judiciary, including illegal promotions made by the Minister of Justice, and that court decisions were not implemented by the PA.

Accordingly, PCHR emphasizes the following:

1) The decision to dismiss Councilor Abadlah by the head of the General Personnel Council is an illegal measure that may undermine the independence of the Palestinian judiciary. The unorthodox dismissal in fact tarnishes the integrity of the judiciary.

2) PCHR expresses its deep concern about the decision, especially as it coincides with critical comments by Abadlah that appeared in Arresalah.

3) The critical comments made by Abadlah were extremely sensitive and important. They deserve further and more thorough investigation by concerned institutions within the PA in order to uncover more accurate conclusions.

4) PCHR also calls upon Palestinian President Yasser Arafat to intervene in order to protect the independence of the judiciary, and to take whatever measure are required to ensure the integrity of the judiciary, including anulling the decision by the head of General Personnel Council.

 

For More Information contact:

PCHR : Tel/fax: + 972 7 824776 825893

E-mail: [email protected]

 

Decision #21/1994

Chairman of the Executive Committee of the PLO,

President of the PNA,

After reviewing the constitutional regulations of the Gaza Strip issued on 5 March 1962,

In accordance with the powers with which I am authorized,

In accordance with the Law of Courts 31/1940,

Based on the necessities of the public interest,

It has been decided that:

1) Judge Qusay Othman Al-Abadlah is appointed as the President and Chief Justice of the High Court.

2) This decision will be implemented immediately. All the concerned bodies should execute this decision. News will be published in the official gazette.

Tunisia

25 May 1994

Yasser Arafat

Chairman of the Executive Committee of the PLO,

President of the PNA.

 

 

Declaration of the Constitutional Regulation of the Gaza Strip, issued in 1962

Chapter 4

The Judicial Authority

 

Article 51: Judges are independent.They are not subjected to any authority but the law. No authority is allowed to interfere in the legal affairs of the justice system.

Article 52: The law will discipline the judiciary bodies and will define their authorities.

Article 53: Courts will be conducted in public, unless the court has decided to have its proceedings secret in order to protect public order and the morals of society.

Article 54: Decisions will be issued and implemented in the name of the Palestinian people.

Article 55: The appointment of judges, power over their transfer, and their immunity from being forced out of office will be subjected only to the manner and conditions set out in law.

Article 56: The appointment of members of the General Prosecution, their transfer, and their immunity from being forced out of office, will be subjected only to the manner and conditions set out in law.

Article 57: The High Court will be composed of a Chief Justice, who is appointed by decree of the President of the United Arab Republic, as well as a sufficient number of judges, who will be appointed by the Defense Minister of the UAR.

 

Palestinian National Authority

General Personnel Council

17 January 1998

Honorable Mr. Qusay Othman Abadlah, through the honorable Minister of Justice,

Since you have reached the legal age of retirement, and with the consent of the honorable President, who has prolonged your service until 15 February 1998, it has been decided to end your service beginning 16 February 1998.

We wish you good health and happiness. Please accept our greetings.

Head of the General Personnel Council

Dr. Muhammed Abdel Aziz Abu Sharia

CC: His excellency, the President

CC: The honorable Minister of Justice