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rights and freedoms. In this context, what is really a priority now is to put an end to the
tyranny of preoccupation with security and security considerations…We must move
away from the mentality “Security First”, for it tends to seriously set aside rights and
freedoms and the rule of law. This mentality will definitely lead to total chaos or the
abyss…the abyss of security and police regimes which we have witnessed and are still
witnessing live on television in neighboring Arab countries, particularly the extent of the
brutality these regimes have resorted to in order to suppress their peoples. And I
believe that we have also seen live on television how these regimes of oppression have
been falling down through the will of the Arab peoples.
This leads me to emphasize again and again the need to expedite the creation of civil
overseeing to monitor the actions of th‐e security apparatuses as long as the Palestinian
Legislative Council (PLC) continues to be absent from playing its role in controlling the
process of how the security apparatuses are built, how their budgets are determined,
how they behave and how they could become subject to a strict but fair system of
accountability. This civil overseeing is of course different from that necessary system of
control which is exercised on the political level. This is a settled question, of course,
given that security in general has to be subject to the control of the prevailing political
system; otherwise what will emerge is a system of security and police. There is
therefore an urgent need to provide a mechanism of control over the security
apparatuses now as we are making the necessary preparations for the pre‐state phase
so as to determine, define and formulate from this very moment onwards the features
and major components of our political system to be implemented in our future
independent state. It is important to note here that civil overseeing becomes
increasingly important once we examine the experiences of intelligence services in Arab
and non‐Arab states: that security apparatuses tend in their reports to their
governments to exaggerate the internal risks and threats that will endanger the stability
of their countries. The aim behind this of course was to tighten the hold of these
apparatuses over almost everything in the country. In many cases this has empowered
the security intelligence services and made them seem more in control rather than the
government itself. In fact some governments have come to be at their mercy.
To ensure justice and the protection of the rule of law, and to limit the possibility of the
development of a repressive and police regime, an independent, fair and efficient
judiciary in Palestine should be created and institutionalized. The independence of the
judiciary in particular is an extremely important issue that cannot be disregarded. It
should be noted here that what the results of the survey in the judicial system in
Palestine, issued by the Supreme Judicial Council, refer to, regarding the partial
pressures and the interventions in the work of judges that usually emanate from the
Executive Authority, is a very serious and dangerous matter. It is a matter that should
not be tolerated. Additionally, we in the ICHR and the human rights community in
Palestine should try our best to soon find means and mechanisms that would fully
eradicate it as a problem before it succeeds in undermining the independence of the
judiciary.