No: 36/ 2021
Date: 25 Mar 2021
ICSPR: The decision of the Supreme Judicial Council regarding suspending the regulation of judicial deeds is a clear reflection of the executive’s control over the judicial authority.
The International Commission to Support Palestinians’ Rights (ICSPR) follows with disapproval and great concern the issuance of such decision, on Wednesday, March 24th, by the Supreme Judicial Council headed by judge Issa Abu Sharar, which suspends the work of the regulatory regulations for the judicial deeds that were certified by the General Authority of the Bar Association.
This retaliatory decision comes after the Bar Association’s firm position against the package decree-laws that clearly affects the independence of the judiciary, which were recently issued by the Palestinian President, among which: Decree-law No. (40) of 2020 regarding the amendment of the Judicial Authority Law No. (1) of 2002. Decree-law No. (39) of 2020 regarding the formation of regular courts, and decree-law No. (41) of 2020 regarding administrative courts, and the decision to re-assign Judge Issa Abu Sharar.
ICSPR expresses its solidarity with its colleagues in the Palestinian Bar Association, and affirms that the decision is clearly overlooks the provisions of the Legal Profession laws and the Provisions of the Notary Law; in which both requires the ratification of deeds by lawyers. ICSPR also confirms that the decision attempts to subjugate the lawyers by restricting their freelance duties, Therefore:
1. ICSPR believes that the decision of the Supreme Judicial Council headed by judge Issa Abu Sharar is a continuation of the executive authority’s control over the judiciary and its institutions.
2.ICSPR considers the decision of the Supreme Judicial Council in Ramallah is a clear violation of Palestinian laws, legislations and legal systems.
3.ICSPR calls on President Abbas to reconsider the decision of assigning judge Issa Abu Sharar as the President of the Supreme Judicial Council, and urging him to immediately withdraw the decision of suspending suspends the work of the regulatory regulations for the judicial deeds that were approved by the General Authority of the Bar Association.
4. ICSPR renews its call to the rapporteur on the independence of judges and lawyers to take the necessary steps to pressure the Palestinian Executive Authority to withdraw the package of decree-laws, which undermine the independence of the judiciary and its institutions, and to ensure the independence of the Palestinian judiciary.