PALESTINIAN HUMAN RIGHT
MONITORING GROUP
PRESS RELEASE
Date: 11 August,
2003
PHRMG
welcomes the decision of abolition of state security courts taken by the
Palestinian Authority Minister of Justice.
PHRMG
considers the decision taken by the Minister of Justice to abolish the State
Security Courts a triumph for the rule of law. PHRMG
believes that this step looks towards promoting the independence of the
Palestinian judiciary and the institutional reform within the Palestinian
Authority.
On 27 July 2003, the Minister of Justice; Abdul Karim Abu
Salah, issued a decree to entirely abolish the State Security Courts and
prosecution, transferring the authority to regular courts and the
Attorney-General. Thus, the State Security Court
records will be transferred to the Attorney-General. This decision was
published in the Palestinian Authority’s official gazette.
The State
Security Court was established in February 1995 as
a special court with jurisdiction over security offences. PHRMG,
as other human rights organizations, strongly criticized this move, because these courts contradicts the international
standards and principles. The procedures of the state security courts lack the
minimum requirements of justice. These courts do not respect the rules of fair trial
and they detract, without any legal foundation or basis, from their competency
of regular courts. Thus, PHRMG strongly called
for their abolition.
In November 1999, the Palestinian
President issued a decree to appoint a state security attorney general, instead
of abolishing the state security courts. This decision continued to undermine
the prestige and powers of the Attorney General in the Palestinian Authority. PHRMG
also criticized this decision and called for canceling it.
On 26 December 2002, the Palestinian President decided to
act inter alia to mandate the state security office with the general civilian
prosecution office. PHRMG did not believe that
this decision was enough, but instead insisted that the abolition of the state
security courts is necessary.
PHRMG
believes that the decision taken to abolish the state security courts is a
well-taken decision, and it welcomes this decision as PHRMG
believes that this step will contribute to promoting the independence of the
Palestinian judiciary.
Since the establishment of the
State Security Courts, 149 Palestinians have been sentenced. 30 of them have
been sentenced to death penalty of which four of them have been executed. As PHRMG
is against these sentences and penalties, it calls for the Minister of Justice
to reconsider the sentences that are handed down by the state security courts
and to transfer it to the civil courts.
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The Palestinian Human Rights
Monitoring Group (PHRMG) is a Palestinian, independent, non-governmental
organization working to end human rights violations committed against
Palestinians in the West Bank, Gaza Strip, and East Jerusalem, regardless of those responsible. The members
of the Monitoring Group believe that the strength of democracy and civil
society in Palestinian society will be determined by the Palestinian people,
through their defense or neglect of human rights.
Ragheb Nashashibi Street 5
Sheikh Jarrah-Jerusalem
P.O. Box 19918
East Jerusalem 91198
admin@phrmg.org
www.phrmg.org
tel. 972-2-582-3372/3
fax. 972-2-582-3385