Presidential Decree Destroys the Judicial Authority and the Civil Life and Militarizes the Society
Ref: 56/2007
Date: 10 July 2007
Time: 09:00 GMT
PCHR expresses its utmost concern over the latest presidential decree concerning the military judiciary under the state of emergency, which implies an extortion of the authorities of the Palestinian civil judiciary to be granted to the military judiciary. PCHR believes that this latest decree, which has been the most breakneck in a series of presidential decrees issued in the context of the state of emergency, is a prescription for the destruction of the judicial authority and the civil life towards the militarization of the Palestinian society, the derangement of the constitution, the confiscation of public liberties and the enforcement of a military dictatorship.
Article 1 of the decree, which was issued on 6 July 2007, expands the authorities of the military judiciary to include “crimes that endanger the public safety, including:
1) Crimes against officials, employees, institutions and property of the Palestinian National Authority;
2) Crimes against the public safety and the internal public security; and
3) Crimes against Palestinian security services and their members.
Thus, some of the very authorities of the civil judiciary are extorted.
To vindicate this serious measure, article 3 of the decree suspends article 2 of the Basic Law, which clearly states that courts martial are established by laws and that “these courts shall have no powers beyond military affairs.”
Paragraph 1 of article 2 of the decree prescribes that “the military attorney-general shall assume the authorities of the Attorney-General,” which undermines the authorities of the Attorney-General. To justify this, article 3 of the decree suspends paragraph 2 of article 107 of the Basic Law, which states that “the Attorney-General shall be responsible for the public claim in the name of the Arab Palestinian People, and the law shall determine the authorities and duties of the Attorney-General.”
Paragraph 2 of article 2 of the decree prescribes that “courts martial shall apply the Revolutionary Law of the Regulation of Trials of the Palestine Liberation Organization (PLO) enacted in 1979.” However, this law and the Revolutionary Penal Law of the PLO are both unconstitutional as they are not part of the laws applicable under the Palestinian National Authority (PNA) jurisdiction, and PCHR has always criticized them. These laws remind of the notorious state security courts, which had been established by the PNA President in February 1995, and were abolished by the Minister of Justice in July 2003.
Paragraph 3 of article 2 of the decree states that “all members of Palestinian forces shall have judicial warranty authorities”, which makes every security official “a judicial warranty official” in another aspect of militarization, undermining the civil life and extorting the authorities of “judicial warranty officials” and the Attorney-General detailed in the Law on Penal Measures #3 of 2001. Article 21 of the Law states that “judicial warranty officials shall include: 1. The chief of police, his deputies, his aides, district police chiefs and general bureaus; 2. Police officers according to their areas of specialization; 3. Captains of naval and air ships; and 4. Officials who have the authorities of judicial warranty according to the law.” Article 19 of the same law states that “officials at the Attorney-General’s office shall assume the responsibilities of judicial warranty and shall supervise judicial warranty officials each in his/her area of specializations.” Article 20 of the same law prescribes that “the Attorney-General shall supervise and monitor judicial warranty officials with regard to their responsibilities.”
In light of the above:
1) PCHR believes that this decree opens the doors wide for militarizing the Palestinian society, enforcing a military dictatorship and destroying the civil life and judiciary under the pretext of the existing state of emergency, through:
- The extortion of the authorities of the civil judiciary to be given to the military judiciary;
- The extortion of the authorities of the Attorney-General to be given to the military judiciary; and
- The extortion of the authorities of judicial warranty officials to be granted to all members of security services.
2) PCHR is very astonished that the decree relied in its preamble on the PLO Revolutionary Law of the Regulation of Trials Revolutionary Penal Law of 1979, which are unconstitutional because they have not been ratified by the PNA. PCHR also denounces recalling Military Order #555 of 1959, which was issued during the Egyptian control of the Gaza Strip pertaining to the Egyptian Penal Law that is no longer effective in Egypt.
3) PCHR strongly denounces the destruction of effective Palestinian laws issued by the PNA legislative, which represent the Palestinian people’s will, while recalling ineffective orders and unconstitutional laws.
4) PCHR calls upon President Mahmoud Abbas to reconsider and cancel this decree and all other decrees issued in the context of the state of emergency declared since 14 June 2007.
5) PCHR stresses that the provisions of Chapter 7 of the Basic Law does not grant the President absolute authorities under the state of emergency, rather they ensure that the Executive does not use its authorities arbitrarily nor does overwhelm the legislative and judicial authorities.
6) PCHR contends that even in states of emergency, the President does not have the authorities to suspend, amend or violate any provision of the Basic Law, which serves as the temporary constitution of the PNA, and stands superior over all laws, from which all authorities are derived, including those of the President himself. The authorities to suspend provisions of the constitution, which the President affords to himself, including the suspension and confiscation of the powers of the legislative and judicial authorities, constitute a destruction of the Palestinian political regime and its basic foundations.
7) PCHR stresses its position that the current crisis which is afflicting the PNA is a political one not a legal or constitutional one, and that the only way to solve it is through political dialogue rather than imposing a state of emergency, issuing decrees and taking measures that will only lead to more crises that may undermine the national cause and lead to political nothingness.
--------------------------------------
Palestine Liberation Organization (PLO)
Palestinian National Authority
The President
Decree ( ) of 2007
President of the PLO Executive Committee
President of the Palestinian National Authority
Based on the provisions of Chapter 7 of the Amended Basic Law of 2003, aware of: the Penal Law #74 of 1936; the Penal Law #16 of 1960; the PLO Revolutionary Penal Law of 1979; the PLO Revolutionary Law of the Regulation of Trials of 1979; Military Order #555 of 1959 pertaining to crimes against the security of the State; decrees issued by us under the state of emergency; and the mandate of the cabinet on 4 July 2007, in accordance with our powers, and to achieve the public interest, we decides the following:
Article 1
1. In addition to the authorities it enjoys, the military judiciary shall consider crimes that endanger the public safety, including:
1) Crimes against officials, employees, institutions and property of the Palestinian National Authority;
2) Crimes against the public safety and the internal public security; and
3) Crimes against Palestinian security services and their members.
2. For the purpose of the implementation of this decree:
1) The military attorney-general shall assume the authorities of the Attorney-General;
2) Courts martial shall apply the Revolutionary Law of the Regulation of Trials of the Palestine Liberation Organization enacted in 1979.
3) All members of the Palestinian forces shall act as judicial warranty officials.
3. Provisions of laws in effect that contradict the provisions of this decree, especially paragraphs 2 of article 101 and 107 of the Amended Basic Law of 2003, shall be suspended.
Article 2
The cabinet shall establish regulations and instructions which are necessary to implement the provisions of this decree.
Article 3
All concerned bodies, each in its area of specialization, must implement the provisions of this decree, which shall enter into force on the date of its issuance and shall be published in the official gazette.
Issued in Ramallah on 6 July 2007
Mahmoud Abbas
President of the PLO Executive Committee
President of the Palestinian National Authority
Higher Commander of the Palestinian Forces
Date: 10 July 2007
Time: 09:00 GMT
PCHR expresses its utmost concern over the latest presidential decree concerning the military judiciary under the state of emergency, which implies an extortion of the authorities of the Palestinian civil judiciary to be granted to the military judiciary. PCHR believes that this latest decree, which has been the most breakneck in a series of presidential decrees issued in the context of the state of emergency, is a prescription for the destruction of the judicial authority and the civil life towards the militarization of the Palestinian society, the derangement of the constitution, the confiscation of public liberties and the enforcement of a military dictatorship.
Article 1 of the decree, which was issued on 6 July 2007, expands the authorities of the military judiciary to include “crimes that endanger the public safety, including:
1) Crimes against officials, employees, institutions and property of the Palestinian National Authority;
2) Crimes against the public safety and the internal public security; and
3) Crimes against Palestinian security services and their members.
Thus, some of the very authorities of the civil judiciary are extorted.
To vindicate this serious measure, article 3 of the decree suspends article 2 of the Basic Law, which clearly states that courts martial are established by laws and that “these courts shall have no powers beyond military affairs.”
Paragraph 1 of article 2 of the decree prescribes that “the military attorney-general shall assume the authorities of the Attorney-General,” which undermines the authorities of the Attorney-General. To justify this, article 3 of the decree suspends paragraph 2 of article 107 of the Basic Law, which states that “the Attorney-General shall be responsible for the public claim in the name of the Arab Palestinian People, and the law shall determine the authorities and duties of the Attorney-General.”
Paragraph 2 of article 2 of the decree prescribes that “courts martial shall apply the Revolutionary Law of the Regulation of Trials of the Palestine Liberation Organization (PLO) enacted in 1979.” However, this law and the Revolutionary Penal Law of the PLO are both unconstitutional as they are not part of the laws applicable under the Palestinian National Authority (PNA) jurisdiction, and PCHR has always criticized them. These laws remind of the notorious state security courts, which had been established by the PNA President in February 1995, and were abolished by the Minister of Justice in July 2003.
Paragraph 3 of article 2 of the decree states that “all members of Palestinian forces shall have judicial warranty authorities”, which makes every security official “a judicial warranty official” in another aspect of militarization, undermining the civil life and extorting the authorities of “judicial warranty officials” and the Attorney-General detailed in the Law on Penal Measures #3 of 2001. Article 21 of the Law states that “judicial warranty officials shall include: 1. The chief of police, his deputies, his aides, district police chiefs and general bureaus; 2. Police officers according to their areas of specialization; 3. Captains of naval and air ships; and 4. Officials who have the authorities of judicial warranty according to the law.” Article 19 of the same law states that “officials at the Attorney-General’s office shall assume the responsibilities of judicial warranty and shall supervise judicial warranty officials each in his/her area of specializations.” Article 20 of the same law prescribes that “the Attorney-General shall supervise and monitor judicial warranty officials with regard to their responsibilities.”
In light of the above:
1) PCHR believes that this decree opens the doors wide for militarizing the Palestinian society, enforcing a military dictatorship and destroying the civil life and judiciary under the pretext of the existing state of emergency, through:
- The extortion of the authorities of the civil judiciary to be given to the military judiciary;
- The extortion of the authorities of the Attorney-General to be given to the military judiciary; and
- The extortion of the authorities of judicial warranty officials to be granted to all members of security services.
2) PCHR is very astonished that the decree relied in its preamble on the PLO Revolutionary Law of the Regulation of Trials Revolutionary Penal Law of 1979, which are unconstitutional because they have not been ratified by the PNA. PCHR also denounces recalling Military Order #555 of 1959, which was issued during the Egyptian control of the Gaza Strip pertaining to the Egyptian Penal Law that is no longer effective in Egypt.
3) PCHR strongly denounces the destruction of effective Palestinian laws issued by the PNA legislative, which represent the Palestinian people’s will, while recalling ineffective orders and unconstitutional laws.
4) PCHR calls upon President Mahmoud Abbas to reconsider and cancel this decree and all other decrees issued in the context of the state of emergency declared since 14 June 2007.
5) PCHR stresses that the provisions of Chapter 7 of the Basic Law does not grant the President absolute authorities under the state of emergency, rather they ensure that the Executive does not use its authorities arbitrarily nor does overwhelm the legislative and judicial authorities.
6) PCHR contends that even in states of emergency, the President does not have the authorities to suspend, amend or violate any provision of the Basic Law, which serves as the temporary constitution of the PNA, and stands superior over all laws, from which all authorities are derived, including those of the President himself. The authorities to suspend provisions of the constitution, which the President affords to himself, including the suspension and confiscation of the powers of the legislative and judicial authorities, constitute a destruction of the Palestinian political regime and its basic foundations.
7) PCHR stresses its position that the current crisis which is afflicting the PNA is a political one not a legal or constitutional one, and that the only way to solve it is through political dialogue rather than imposing a state of emergency, issuing decrees and taking measures that will only lead to more crises that may undermine the national cause and lead to political nothingness.
--------------------------------------
Palestine Liberation Organization (PLO)
Palestinian National Authority
The President
Decree ( ) of 2007
President of the PLO Executive Committee
President of the Palestinian National Authority
Based on the provisions of Chapter 7 of the Amended Basic Law of 2003, aware of: the Penal Law #74 of 1936; the Penal Law #16 of 1960; the PLO Revolutionary Penal Law of 1979; the PLO Revolutionary Law of the Regulation of Trials of 1979; Military Order #555 of 1959 pertaining to crimes against the security of the State; decrees issued by us under the state of emergency; and the mandate of the cabinet on 4 July 2007, in accordance with our powers, and to achieve the public interest, we decides the following:
Article 1
1. In addition to the authorities it enjoys, the military judiciary shall consider crimes that endanger the public safety, including:
1) Crimes against officials, employees, institutions and property of the Palestinian National Authority;
2) Crimes against the public safety and the internal public security; and
3) Crimes against Palestinian security services and their members.
2. For the purpose of the implementation of this decree:
1) The military attorney-general shall assume the authorities of the Attorney-General;
2) Courts martial shall apply the Revolutionary Law of the Regulation of Trials of the Palestine Liberation Organization enacted in 1979.
3) All members of the Palestinian forces shall act as judicial warranty officials.
3. Provisions of laws in effect that contradict the provisions of this decree, especially paragraphs 2 of article 101 and 107 of the Amended Basic Law of 2003, shall be suspended.
Article 2
The cabinet shall establish regulations and instructions which are necessary to implement the provisions of this decree.
Article 3
All concerned bodies, each in its area of specialization, must implement the provisions of this decree, which shall enter into force on the date of its issuance and shall be published in the official gazette.
Issued in Ramallah on 6 July 2007
Mahmoud Abbas
President of the PLO Executive Committee
President of the Palestinian National Authority
Higher Commander of the Palestinian Forces
posted by HRM Deborah of Israel and the Messenger of Peace at 12:58 AM
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