86 ensure the right to access justice, and the right to a fair trial. These procedures also contradict the provisions provided by Article (10) of the 2003 Amended Basic Law, which stipulates: 1. Basic human rights and liberties shall be protected and respected; 2. The Palestinian National Authority shall work without delay to become a party to regional and international declarations and covenants that protect human rights”. Provisions of the Palestinian Revolutionary Penal Code of 1979, particularly those relating to the arrest of civilians by the Military Judicial Commission, the term of detention, the competent court in charge of prosecution, the legal proceedings, and the ratification of resolutions on the type of crimes or the persons to be prosecuted form a stark violation to the provisions of the Palestinian Penal Procedural Code of 2001, which are applicable to every crime and all persons without exception or discrimination. These provisions also contradict the above mentioned paragraph 2 of Article (101) of the 2003 Amended Basic Law, which stipulates: “Military courts shall be established by special laws. Such courts may not have any jurisdiction beyond military affairs.” Accordingly, the jurisdiction of the Military Judiciary shall be restricted to the military, since the inclusion of civilians within its jurisdiction is an infringement on the jurisdiction of the civil judiciary, and a blatant violation of the principles of justice and equality ensured by Article (9) of the 2003 Amended Basic Law which stipulates: “Palestinians shall be equal before the law and the judiciary, without discrimination based upon race, sex, color, religion, political views or disability.” 2‐ Non‐Implementation of Court Rulings The failure to implement court decisions constitutes a clear encroachment on the dignity of the Palestinian judiciary, and undermines citizens’ confidence in the judiciary, and more importantly it is a clear and flagrant violation of Palestinian national legislation, especially the Palestinian Basic Law. From here came the philosophy of the Palestinian legislator when he laid down sanctions on those who refrain from implementing those decisions and rulings, based on the need to respect the Executive Authority of the judiciary in application of the principle of separation between them, as stipulated in Article

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