JERUSALEM – October 14, 2005 – An independent judiciary that remains free from the interference and influence of the other branches of government is one of the fundamental requirements of a functioning democracy. MIFTAH believes strongly in democratic government, in the independence of the Palestinian judiciary, and in the rule of law. We thus condemn all assaults on the authority of Palestinian judges and the judicial system. We thus protest the new law ratified by President Abbas this week, which gives Palestinian ministers the power to appoint judges to the Palestinian courts. Members of the judiciary cannot remain independent if their appointments depend on the favor of ministers; nor can they function properly if their daily work is obstructed by poor courtroom security and increasing levels of lawlessness and internal violence.

Palestinian Chief Justice Zuhair al-Surani resigned yesterday to protest the new legislation, which changed the existing law that previously mandated that judges were to be appointed by presidential decree upon nomination by a panel of nine senior judges. MIFTAH strongly urges that the current judges work along with Chief Justice al-Surani to seek constitutional means through which to protest the new law and to halt its implementation. MIFTAH further calls on President Abbas, who has promised to strengthen the Palestinian judiciary, to withdraw this new legislation and to replace it with laws that reinforce, rather than undermine, the independence of our judiciary. Lastly, MIFTAH condemns all acts of internal violence, in particular those aimed at employees of the courts and institutions of the state.

The Palestinian Initiative for the Promotion of Global Dialogue and Democracy, MIFTAH, is a non-governmental, non-partisan Jerusalem-based institution dedicated to fostering democracy and good governance within Palestinian society through promoting public accountability, transparency, the free flow of information and ideas and the challenging of stereotyping at home and abroad.