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.”

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