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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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