Palestinian courts 'losing independence' after new Abbas decree
The Palestinian minister of justice, Mohammad Shalaldeh, has expressed in private concerns onthe latest law-by-decrees issued by presidentMahmoud Abbasregarding the judiciary's independence, .
According to reports, Shalaldeh said that his ministry has "lost its power" overthe , as a result of laws-by-decree expanding up the jurisdiction ofthe supreme judicial council.
The reports came a few days after the issued a new law-by-decree to form new administrative courts in Palestine. Earlier in January, Abbas issued four laws-by-decree, including amendments to the penal procedures law.
The Palestinian bar association announced last week a strike bylawyersto demand astop on theenforcement of the latest laws-by-decree. The strike was suspended Sunday after promises were made by representatives of the Palestinian government to suspend the new laws.
The supreme judicial council was given enhanced powers over Palestinian courts through a law-by-decree issued byin 2019, which established aprovisional judicial council. The then-provisional judicial council ordered a large number of judges to retire, in turn appointingnew judges, a move that provoked major criticism by several Palestinian civil society organizations.
Ashraf Abu Hayeh, a legal expert at the told that "the main issue with these laws-by-decre is that they make changes that are supposed to be exclusive to the judicial brach, which is a clear interference by the government with thejudicial's independence."
"The latest decrees are a continuation of a series of measures since 2018, which have tightened theexecutive branch's grip over all powers,"pointed out Abu Hayeh. "The Palestinian judicial system has lost its independence."
“Mr. President, The Executive Authority’s interference with judicial affairs has contributed to the deterioration in the judiciary and the decline of citizens’ trust in the judicial system”
— Al-Haq الحق (@alhaq_org)
In 2018, the Palestinian constitutional court the Palestinian legislative council, the law-making body for Palestinians in the West Bank and the Gaza Strip. The council had been unfunctional since 2007.
In December 2020, three laws-by-decree made the transitory supreme judicial council permanent, and further modified the judicial code. In March 2021, another law-by-decree ruled that non-profit organizations should submit their reports and budgets directly to the Palestinian government, amidst warnings of increasing authoritarianism.
Law-making in the Palestinian territory, in theory, is the job of the legislative council. Since the Palestinian split between in 2007, and followingby the arrest of a large number of elected Palestinian lawmakers by Israel, laws becameissued by presidential decrees.
In 2018, the Palestinian government issued, in coordination with legal and civil organizations, a "national policies agenda"thatstates that all law-making hadto be discussed with civil society.
According to the Palestinian constitutional law, all laws issued by decree have to be reviewed and approved by a legislative council after it is elected.
Palestinians were in May of last year, after more than 15 years. But the elections were suspended one month prior to it being carriedby the Palestinian president, who refused tohold elections .