101
accordance with the bylaw of the Council.” ICHR sees in this response an
indication of the unwillingness of the Executive Authority to cooperate with the
judiciary to achieve justice, especially that the goal of the Court from this
resolution is to learn about the content of the Cabinet’s decision on making
security safety a condition of appointment. This resolution caused the dismissal
of hundreds of employees. ICHR considers the decision a violation of the
Palestinian Basic Law amended in 2003, which confirmed in Article (2/30) a ban
on the provision of the law on the immunity of any decision or administrative
action from judicial control. ICHR also considers that refraining the Council of
Ministers from disseminating the decision on security safety to be a violation of a
citizen’s right to obtain information.
There is no doubt that the unannounced decision of the Council of Ministers,
which considered security safety a condition of appointment in public jobs, is a
public resolution and not an individual decision, especially as the standard
separation or difference between public decisions and individual decisions is their
content. If the decision is addressed to individuals by their respective, and not by
themselves, it is a public decision, and if it is directed to them by their names and
themselves, it is an individual decision. The result is that we are facing a public
resolution of the Council of Ministers affecting the rights of hundreds of
employees, and which has introduced a new condition to the conditions of
appointment contained in the Civil Service Law No. 4 of 1998. The decision of the
Council of Ministers is of inferior legal rank of common law. Thus it may not add
new provisions to it, and may not contain provisions that limit the scope of its
application. These provisions are dictated by a pyramid of legal rules. The
minimum rules shall not contravene the higher rules, not to mention their
violation of the provisions of Palestinian Basic Law.
2‐ Absence of Fair Trial Guarantees
Article (12) of the Palestinian Basic Law states: “Every arrested or detained
person shall be informed of the reason for their arrest or detention. They shall be
promptly informed, in a language they understand, of the nature of the charges
brought against them. They shall have the right to contact a lawyer and to be
tried before a court without delay.” Article (14) also stipulates “Any accused
person is considered innocent until proven guilty in a court of law that
guarantees the accused the right to a defense. Any person accused in a criminal
case shall be represented by a lawyer.”
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents