Press Release
The International Commission of Jurists Delegation to Observe the Conditions of the Judiciary in Gaza holds a Workshop on the Role of Judiciary in Civil Society
Date: 24th January 2000
Ref: 10/2000
Today, the International Commission of Jurists delegation ended its mission to observe the conditions of the judiciary in the Gaza Strip by holding a workshop on the role of the judiciary in civil society in the Al Quds Hotel in Gaza. The workshop was held under the auspices of the Minister of Justice in the PNA, Mr Freih Abu Meddein, and in cooperation with the local affiliates of the ICJ (PCHR, Al Haq and LAW).
Introductory Session
Mr Adama Dieng, the Secretary General of the ICJ, expressed the delegations desire to complete the mission begun in 1994, when a study was prepared on the requirements for building an independent Palestinian judiciary. He explained that the delegation had completed its mission by meeting with the concerned parties including Palestinian officials from the executive, legislative and judicial branches, as well as the Bar Association and human rights organisations. The aim of these meetings, he explained, was to look at recent developments in the judiciary under the PNA. Mr Dieng focused on the basic principles which contribute to judicial independence and which prevent monopolization of power by any one authority. In this regard he called for drafting legislation securing the independence of the judiciary, and for respecting and implementing court decisions in a way that secures the freedom and security of individuals. Moreover, he highlighted the role of the Bar Association in Palestine and the role of human rights organisations, particularly in opposing the State Security Courts in the PNA area and commended the efforts they have made to support an independent civil judiciary.
Mr Abu Meddein, Minister of Justice, expressed his pleasure and appreciation to Mr Dieng for the work of the ICJ. In his speech Abu Meddein reiterated the role of the judiciary to support and enhance the rule of law. He also identified the problems faced by the judiciary in Palestine. In this regard he emphasized the complicated political situation, and the continued interference by Israel in the legal mandates in the PNA areas (particularly in the West Bank). He added that despite these difficulties, the Palestinian Authority is seriously working to build a society that respects the rule of law and the independence of the judiciary. In his discussion of the mechanisms for supporting the judicial system he called for improving the legal curriculum in the Palestinian higher education system in a way that would contribute to building a qualified legal profession and judiciary.
In his opening remarks Mr Raji Sourani (Director of PCHR) welcomed the delegation and said that the visit of the delegation was a sign of the continued relationship between the Palestinian human rights movement and the ICJ. He emphasized the role of the ICJ in supporting the Palestinian people in their effort to build the judicial system.
First Session: The Role of the Judiciary in Protecting Human Rights
Mr Peter Wilborn (US Civil Rights Attorney and Assistant Director of the Centre for the Independence of Lawyers and Judges, Geneva) chaired the first session of the workshop. Mr Wilborn introduced the role of the judiciary in protecting and ensuring respect of human rights and basic freedoms.
Dr Amin Mekki Medani, (First Technical Advisor to the United Nations High Commissioner for Human Rights Office) spoke about the importance of the judiciary in securing the safety and security of individuals. He highlighted the fundamental aims of the independence of the judiciary, primary amongst which are support for the rule of law, fairness and justice. He introduced the provisions of international law in relation to human rights, and judicial guarantees for minority groups and individuals. Moreover he called for the respect of court decisions, for the issuing of the Civil Judiciary Law, and the formation of a Higher Judicial Council. He furthermore emphasized the danger implicit in the establishment of State Security Courts, as they clearly undermine the independence of the judiciary and violate the rule of law.
Sir Steven Tumim (Former Judge and Inspector of Prisons, UK) opened by speaking about the new Human Rights Act in the UK, offering it as a model for enhancing and increasing the role of the judiciary in protecting human rights, and in bringing local law into line with international standards. He went on to speak about the visit of the delegation to Jericho and Gaza prisons. In this regard he introduced the circumstances and conditions of the detainees held there. His first point was to reiterate the unacceptability and illegality of detainees being held without trial or due judicial process, and particularly noted that many of the detainees in Jericho fell into this category. Without prejudice to that assertion, he however recommended the prison administration of the Gaza Central Prison for the conditions of the prisoners, which (despite some serious flaws, including the need for new buildings) were better than might be expected under the circumstances. He called on Palestinian judges to regularly visit the prisons. He furthermore proposed that alternatives be considered, such as the appointment of probation officers and the use of community service.
Mr Raji Sourani (Director of PCHR) spoke of the achievement of the Palestinian judiciary in struggling to maintain their independence throughout the Israeli occupation, and highlighted that their achievements in this regard were against incredible odds. He also highlighted the role of the Palestinian Bar Association during the Intifada when it boycotted the Israeli Military Courts for a period of 21 months. In addition, he spoke about the situation of the judiciary after the signing of the Oslo Accords, pointing out the continuing legal and physical existence of the Israeli occupation. The physical existence can clearly be seen, according to Mr Sourani, in a number of military installations and settlements in the Mawasi area. While the legal existence can be seen through the continuing operation of the Israeli Military Court at Erez checkpoint, and the continuing arrests of Palestinian people, the issuing of demolition orders and land confiscation.
Regarding the Palestinian judiciary, he highlighted the negative impact on the judiciary of the State Security Court and of the retirement of the Chief Justice and Attorney General. Moreover, he mentioned the appointment of an Attorney General for the Stare Security Courts asserting that no other modern democratic country in the world has two Attorney Generals. He further called for the establishment of proper forensic laboratory facilities in the PNA areas, pointing out that the expertise already exists and that the establishment would not be particularly difficult or expensive.
Second Session: The Relation of the Legislative and Executive Authorities to the Judiciary
Mr Per Stadig (ICJ Member, Sweden) chaired the second session. He introduced the relation between the judiciary and the legislative and executive authorities, and reiterated the role of the judiciary in securing the rights of freedom of expression and opinion. He also reiterated the importance of respecting and executing court decisions by the executive authority.
Dr Hassan Khrishah, (Head of the Human Rights and Monitoring Committee of the PLC), spoke about the role of the PLC in drafting law and monitoring the executive authority. In this regard he suggested that the PLC suffers from weakness in carrying out these roles and has failed to influence the Palestinian executive authority to build a democratic Palestinian society. In this context he noted that the executive authority undermines and neglects PLC decisions and orders and mentioned the weakness of the accountability mechanisms used by the PLC against executive overriding of its decisions. Regarding relations between the executive and the judiciary, he highlighted executive interference in the judicial system particularly in the appointment of judges, retirement of judges, and non-respect of court decisions.
Mr Abed El Rahman Abu El Nasser, (Head of the Palestinian Bar Association), called for securing a constitution that would determine the relationship between the executive authority and the judiciary. He added that the judicial authority is the basic foundation of Palestinian civil society and warned against domination of the judiciary by the executive. In this regard he asked the executive authority to immediately approve the Civil Judiciary Law. He also denounced the State Security Court as a real threat to the judiciary, and a violation of international standards concerning the independence of the judiciary. He expressed his surprise at the creation of the post of Attorney General for State Security Courts, believing that this will lead to a conflict of mandates with the Palestinian Attorney General.
Justice Johann Kriegler (South African Constitutional Court) introduced the experience of his country in building a democratic society. He stressed the role of the international community in mediating one of the most difficult conflicts in the world, and in eliminating the apartheid system, which had been in existence for four centuries. He emphasized that the work to build a strong legal system and an independent judiciary, which secures the rights of individuals and groups and enhances the rule of law, is ongoing and requires continued commitment, effort and perseverance both in South Africa and in Palestine.
At the end of the workshop Ms Mona Rishmawi (Director of the Centre for the Independence of Lawyers and Judges, Geneva) explained that the delegation will publish a report on the Palestinian judiciary. The report will be submitted to the PNA as a tool for discussion and in order to enhance the independence of the judiciary and the rule of law.
A similar workshop will be held on Tuesday 25 January 2000 in Ramallah.
