MIFTAH
Monday, 22 July. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

PCHR welcomes the decision taken by the Palestinian Authority Minister of Justice to abolish state security courts and transfer their authorities to regular courts. PCHR believes that this step will contribute to the promotion of the independence of the Palestinian judiciary and calls upon the Palestinian President to issue a decree to entirely abolish the courts and cancel presidential decree 49 (1995) which established the courts.

On 27 July 2003, the Palestinian Minster of Justice ‘Abdul Karim Abu Salah issued a decision abolishing state security courts and prosecution, transferring the authority to regular courts and the Attorney-General. Also according to the decision, state security court records will be transferred to the Attorney-General. The decision came into effect on the date of issuance and was published in the Palestinian Authority’s official gazette.

The State Security Courts constituted an obstacle to the efforts made to promote independence of the judiciary and institutional reform within the Palestinian Authority. Procedures followed in these courts contradicted the principles of fair trials and appropriate legal procedures. Among other things, the trials were summary, the accused were not given adequate time to prepare their defense and technical reports issued by independent bodies, such as criminal or forensic laboratories, were not permitted. State security courts also undermined the principle of separation of authorities, since they were established by the executive and its judges were members of Palestinian security services.

The state security courts were established in February 1995, by Presidential Decree 49; a move that was strongly criticized by PCHR and other human rights organizations. Since the establishment of the courts, PCHR has consistently called for their abolition, receiving strong support from all segments of Palestinian civil society.

In November 1999, instead of abolishing these courts, the Palestinian President decided to appoint a state security court attorney general, which undermined the powers of the Attorney General in the Palestinian Authority.

As part of the process of reform in the Palestinian Authority, on 26 December 2002, the Palestinian President issued a decree that acted, inter alia, to merge the state security prosecution office with the general civilian prosecution office. PCHR considered that the decree was not enough, recommending that what was actually required was the total abolition of the state security courts due to their inherently un-constitutional nature.

PCHR welcomes the decision taken by the Minister of Justice to abolish state security courts and considers it a triumph for the rule of law and a step towards promoting the independence of the judiciary. PCHR reiterates its call upon the Palestinian President to issue a decree abolishing these courts. PCHR also calls for the Minster of Justice to reconsider the sentences handed down by these courts and transfer the cases to the civil courts.

 
 
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