RAMALLAH HIGH COURT JUSTICE FORCED TO RESIGN

JUDICIAL INDEPENDENCE VIOLATED

2 September 1996

On 27 August, Chief Justice of the Ramallah Appellate Court and of the Palestinian Supreme Court Amin Abdel Sala'am received an order signed by Mohammed Abu Shari'a, head of the PNA Employment Bureau, requiring Mr. Sala'am to resign from his post. Justice Amin Abdel Sala'am was responsible for the hearing of the Bir Zeit students case, in which the High Court ruled that the students, who had been held without charge or trial since March in violation of Palestinian law, be released immediately.

The students have not been released to date.

Judge Sala'am responded to the Employment Bureau, stating that forced retirement of a high court judge was outside the mandate of the employment office. At that time the Employment Bureau referred the matter to the Executive Office, which upheld the decision of the Employment Bureau to force Justice Sala'am's retirement.

LAWE - the Palestinian Society for the Protection of Human Rights and the Environment points out that this forced resignation is against Palestinian law, and violates the "separation of powers" principle enshrined therein. No authority has the right to interfere or influence the workings of the judiciary, including the Executive office and President Arafat. Article 95, paragraph 6 and article 98 paragraph 2 defends the independence of the judiciary.

The fact that the Bir Zeit students remain in detention, in direct contravention of the Supreme Court ruling, and that the responsible judge has been forced to resign represents the greatest indicators to date that this Authority does not consider itself bound by any rule of law.

LAWE protests these actions of the part of the Executive Branch of the government in the strongest possible terms, and asks that President Arafat re-instate Justice Sala'am and release the Bir Zeit students. In addition, LAWE asks the Palestinian Council to review the issue and take steps to protect an independent judiciary.

LAWE - The Palestinian Society for the Protection of Human Rights and the Environment is a non-governmental organization, dedicated to preserving human rights through legal advocacy. LAWE is also an affiliate member of the Paris-based International Federation for Human Rights.