103
polled, an increase of (19%) from the year 2009, felt they were exposed to
pressure by the Security Services. This in itself constitutes a serious indication of
the independence of the judge, and neutrality in facing adversaries.
III ‐ The Right to Litigation and Public Service (Decisions of the Supreme
Court of Justice on the Dismissal of Staff)
On 17/03/2010, the Supreme Court of Justice issued its decision by a majority on
refuting the case of the dismissed teachers because the Security Services refused
to appoint them ‐ under the pretext of the non jurisdiction of the court. Two
judges on the panel had a dissenting opinion and have confirmed the jurisdiction
of the court and the illegality of dismissing teachers in accordance with the
Palestinian Civil Servants Law.110
The facts of these cases focused on the issue of the dismissed employees who
had been appointed in accordance with decisions issued by the Minister of
Education from the date of commencing their work. On 03/09/2007, the
Palestinian Cabinet decided in its session No. (18), held on 03/09/2007 to
consider security checks as part of the recruitment process, and the General
Personnel Council is responsible for the recruitment process, and has to make
contact with the Security Services in this regard.111 Accordingly, the Preventive
Security Service and the Intelligence Service began to send letters containing lists
of a number of staff to the Ministry of Education. The letters recommend the
appointment of some and the non‐appointment of others without specifying the
reasons. On that basis, the Minister of Education and Higher Education decided
to suspend staff from work due to lack of approval of the concerned security
authorities on their appointments.
110
Within ICHR’s follow‐up of the files of laid‐off teachers, ICHR submitted (54) of these files to the
Supreme Court of Justice. On 15/12/2009, ICHR submitted (22) cases, and then referred a group of cases
in sequence monthly from January to May. The number of files being pursued by ICHR in this area is about
(54) files. It should be noted here that ICHR received a preliminary decision on 11/01/2009. On
25/02/2009, the Public Prosecution provided the regulation of response and requested a time limit to
provide evidence. On 08/04/2009, the Public Prosecution submitted its evidence and on 08/07/2009 ICHR
provided its final defense. In response to that procedure, the Public Prosecution provided its final defense
14/10/2009. And therefore, the session was adjourned for a decision on 23/11/2009. The hearing session
of the final decision was postponed more than three times with no explanation of the reasons for
postponement. On 17/03/2010, the Supreme Court of Justice issued its decision by majority by rejecting
the petitioner’s case due to lack of jurisdiction.
111
Secretary‐General of the Council of Ministers’ book no. (am/2007 & 2115), dated 09/09/2007,
addressed to the Chairman of the General Personnel Council.
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