Palestinian Higher Judicial Council Suspends Function of all Courts, Prosecution and Judicial Departments
By Al Mezan
December 03, 2004

In its most recent meeting on 11 November 2004, the Palestinian Higher Judicial Council decided to suspend the function of all Palestinian judicial bodies in the Palestinian National Authority. The personnel of Courts, Prosecution and all the judicial departments announced a one-week suspension of work starting 30 November 2004. A statement was released by the Council said further steps are being considered in light of the developments in the near future.

According to the same Council's statement, the decision to initiate the suspension was made to protest an amendment in the Judiciary Authority Law (1/2002), which the Palestinian Legislative Council's (PLC) budget committee had passed. The amendment suggests the judges' salaries would be determined in accordance with the Civil Servants' Law (4/1998), and not according to the Judiciary Authority Law (1/2002) as the case had been so far. The statement said the Council made its decision based on an article that appeared in the Al Quds newspaper on 29 November 2004. No notification was made by the PLC to the Council.

Al Mezan Center for Human Rights asserts its opposition to any infringements of the just rights of the judges, prosecution officers and the entire judicial system, and calls for honest implementation of the Judiciary Authority Law, which reinforces the independency of the judiciary. The Center, however, calls the Higher Judicial Council to reconsider its decision to paralyze the judicial system for a period of one week, especially as the Council had made this serious decision according to information in the newspapers, which was not confirmed by the PLC.

Al Mezan announces its unconditioned support for opposing any infringements of the independency of the judiciary and the Palestinian law. It also highlights that the law in the Occupied Palestinian Territories (OPT) has been disrespected for a long time due to the continued refraining from implementing courts rulings, the clear overlapping of the different Government powers and the citizens' action in place of law enforcement bodies, taking the law with their own hands. Such conditions necessitate the Council's intervention and protest to guarantee respect for the law and the separation of powers. The Council is called to pay similar attention to face and prevent infringements and respect of the judiciary in Palestine, which is essential to preserve the rights of Palestinian citizens.

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