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Consequently, we began to witness arbitrary arrests which lacked the most basic and
sound legal procedures. The main reason behind such behavior was the political
differences between Hamas and Fatah, which apparently they were unable to hide. In
addition, both parties began to follow a policy of exclusion in the area of public service.
They both would fire and employ people in the area of public service in accordance with
their political affiliation and on the basis of a security clearance. Employment or
exclusion from a position in public service was therefore based on what came to be
known as a security clearance. In reality of course the motives behind the policy of
security clearance were political par excellence. This, in consequence, has seriously
encroached on the right of citizens to hold offices in public service on the basis of equal
opportunities to everyone regardless of his/her political affiliations.
Civilians were also subjected to military courts which, according to international
standards, lacked many of the necessary legal elements and procedures which would
enable them to conduct fair trials. Even worse, the authorities in both Gaza and the
West Bank began to apply methods of physical and psychological torture which were
increasingly degrading to human dignity. In addition, there were cases of extrajudicial
killings, field trials, and the shooting of individuals in the joints of their hands and legs.
Civil institutions were not free from the obsession with security expressed by both sides.
As a result, some of these institutions were forcibly closed. Freedom of opinion and
expression and the right to peaceful assembly were as well not free from obsession with
security to the extent that even decisions of Palestinian courts, especially those of the
High Court of Justice, were not respected. The situation deteriorated to that level
despite the fact that Article 106 of the Basic Law states very clearly that
“judicial provisions are enforceable and any attempt by any individual or
group of people to either prevent or disable their implementation will be
considered a crime punishable by imprisonment or in the case the accused
is a public servant he/she will be removed from office, the sentenced,
however, has the right to bring a claim directly to the court concerned and
the national authority will guarantee him/her full compensation”.
There are also clear provisions in our Basic Law which prohibit and criminalize any
violation of the above‐mentioned series of violations. However, I think that the lack of
respect for the court decisions is a red line which nobody should attempt to go beyond,
for it will definitely lead to absolute chaos which will undermine the rule of law.
And if there exists what deserves to be considered as a compass for our political system,
I can promptly say that we can find such a compass present in almost every Article of
the Palestinian Basic Law, and which, if we try to adhere to it, we shall neither lose the
way nor shall we fall into any chaotic situation.