104
The following points to the environment in which the decision to turn down the
teachers’ cases under the pretext of lack of specialty was issued: 1) through a
review of the resolutions of the Supreme Court of Justice; 2) the circumstances
surrounding its issuance in terms of the length of time taken by the trial; 3)
frequent alternating of the head of the Court and its membership; 4)
postponement of a verdict more than three times; 5) issuing this provision by a
quintet committee formed at a later time; 6) and the closure of the proceedings.
What confirms this is the results of the survey, which shows an increase in the
percentage of judges who believe that they are subjected to pressure from
members of the Higher Judicial Council by (41%) in the survey of 2010, compared
to (31%) in the survey of 2009, and an increase in the percentage of judges who
believe that judges react to these pressures by (86%) in a poll conducted in 2010,
compared to (79%) in a poll conducted in 2009.
In ICHR’s comment on the decision of the Supreme Court of Justice, we find that
the Court did not discuss in its decision the reasons for the contested decision
(decisions to dismiss the teachers under the pretext of non‐approval of the
security authorities). It decided to reject the case due to lack of jurisdiction. But
the decision given in this case confronted the legality of the reasons for this
decision revealed by the administration explicitly, which is the non‐approval of
the security authorities to appoint the petitioner. The decision ended by stating
the illegitimacy of the case. In this resolution, the following expressions were
stated “The Civil Service Act No. (4) of 1998 came in line with what is stated in
the Basic Law when it stated in Articles (24 & 25) which contained that a person
to be appointed in any public office, without any mention of the security
approval, but required in this area that the appointed in the job shall enjoy his
civil rights not doomed from a Palestinian court of crime or misdemeanor
involving moral turpitude or dishonesty unless he has been considered.” In these
two laws (the General Intelligence Law of 2005 and the Preventive Security Law
of 2007), nothing was mentioned which requires the approval of the General
Intelligence or the Preventive Security on the appointment of staff in public
office.
Based on the above, the Cabinet’s decision was issued on 03/09/2007, which
stipulated security approval for the appointment shall be considered non‐existent
because it affected fundamental rights guaranteed by the Basic Law and violated
the Civil Service Law, the General Intelligence Law and the Preventive Security
Act.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents