Annual Report - Palestinian Center for Human Rights

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development forced Dr. K’meil Mansour, the secretary general of the committee to develop the judiciary and justice, to submit his resignation; thus halting the committee’s work indefinitely. Articles 36, 65 and 103 of the new law violate the Basic Law, amended on 13 August 2003, particularly articles 100 and 107. These two articles stipulate that any legislation relevant to the judicial system must be referred to the Higher Council of the Judiciary. In addition, these two articles indicate that the appointment of the Attorney-General must be based on a nomination by the Higher Council of the Judiciary. On 14 November 2005, PCHR submitted an appeal against the new judicial authority law to the Higher Constitutional Court. The appeal was based on the violations within the new judicial authority law of the amended Basic Law, which serves as the constitution of the PNA. The Higher Constitutional Court held its first session on the case on 19 November 2005. The court decided to delay the case until 26 November 2005, in order to inform representatives of the two defendants about the court session date and the appeal. The representatives were the Attorney-General, on behalf of the President of the PNA, and the PLC Speaker, representing the PLC. In the court session of 26 November 2005, the Attorney-General’s office pushed for dropping the case on the basis of form and content. However, the court panel rejected the form objections and decided to look into the content of the appeal. The Attorney- General’s office denied neglecting the Higher Council of the Judiciary and not taking its opinion in to account. They claimed that consulting the Higher Council of the Judiciary meant informing it of the law but not necessarily implementing its recommendations. The Attorney-General’s office admitted that article 65 of the new law violates article 107 of the amended Basic Law. Yet, the office claimed that the PLC is working on amending article 107 of the Basic Law in order to conform with article 65 of the new judicial authority law. PCHR’s lawyers replied to the Attorney-General’s office argument and refuted the points raised against the appeal. In addition, the Center’s lawyers presented written documentation to the effect that article 65 of the new judicial authority law violates article 107 of the amended Basic Law; and that articles 36 and 103 of the new judicial authority law are a constitutional violation of article 100 of the amended Basic Law. The Higher Constitutional Court held a session on 27 November 2005 to consider the appeal under its constitutional jurisdiction. The court convened under Judge Sa’ada El-Dajani, and with the assistance of Judges Yehya Abu Shahla, Fawzi Abu Watfa, Amin Wafi, and Mazen Sesalem. The first defendant, the President of the PNA, was represented by the Assistant Attorney-General, Munir El-Oqabi. In addition, the representative of the second defendant, the PLC, was absent. The court decided that the new judicial authority law was unconstitutional. The decision stated, “In the name of the Arab Palestinian people, the verdict is: the court decided that the Judicial Authority Law #15 of 2005, published in issue 60 of the Palestinian Legal Journal of 9 November 2005, is unconstitutional. The court considers this law as if it was never passed, as per the decision issued and declared publicly in the session of Sunday, 27 November 2005.” 69
PCHR welcomed the decision of the Higher Constitutional Court and considered it a legal precedent in the Palestinian judicial system. It was a victory for the principle of the independence of the judiciary, as it put an end to attempts aimed at undermining the Palestinian judiciary. In addition, the decision enhanced the principle of separation of authorities. 70
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PALESTINIAN CENTRE FOR HUMAN RIGHTS
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Palestinian Centre for Human Rights
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ights under local law. Finally, the
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The Palestinian Centre for Human Ri
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Misuse of Weapons by Palestinian Re
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PART ONE: HUMAN RIGHTS SITUATION IN
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state. Although killings committed
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the ministry had submitted tenders
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from the Gaza Strip for 96 instead
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As mentioned above, there were hope
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majority, and to ensure future repr
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movement of PLC members between the
Page 25 and 26: Recommendations to the PNA 1. PCHR
Page 27 and 28: Excessive Use of Force, Killings an
Page 29 and 30: Diagram (4): Causes of Palestinian
Page 31 and 32: Killing of Palestinian Children Chi
Page 33 and 34: failure to act against such crimes
Page 35 and 36: Settlement Activities and Attacks b
Page 37 and 38: was an Israeli settler called Ashir
Page 39 and 40: Annexation Wall in the West Bank IO
Page 41 and 42: The report also indicated that 213
Page 43 and 44: As the construction of the Wall is
Page 45 and 46: same principle applies to Palestini
Page 47 and 48: The agreement allows Palestinians t
Page 49 and 50: Torture and Ill-Treatment of Palest
Page 51 and 52: cannot be deviated from under any c
Page 53 and 54: incursions into Palestinian communi
Page 55 and 56: emedy to those within its jurisdict
Page 57 and 58: Impunity On Tuesday, 15 November 20
Page 59 and 60: Efforts to Prosecute Israeli War Cr
Page 61 and 62: Election Year in the PNA: Achieveme
Page 63 and 64: The new law gave women better repre
Page 65 and 66: At the time, PCHR criticized leavin
Page 67 and 68: clashes led to the death of three c
Page 69 and 70: managed to detain seven attackers a
Page 71 and 72: Death Penalty The PNA resumed the i
Page 73 and 74: Illegal Arrests Illegal detention,
Page 75: Undermining the Independence of the
Page 79 and 80: - PLC formulation of mechanisms to
Page 81 and 82: Palestinian security, police and th
Page 83 and 84: Cases of Extra-Judicial Execution o
Page 85 and 86: Introduction The previous section o
Page 87 and 88: Activities of PCHR's Units This sec
Page 89 and 90: o A number of families were able to
Page 91 and 92: Denying families of deportees 8 1 p
Page 93 and 94: Table (4): Responses Received by th
Page 95 and 96: 1.5) Investigating Violations of Hu
Page 97 and 98: 2.3) Submitting Complaints and Appe
Page 99 and 100: 3.1) Creating Files on Israeli Viol
Page 101 and 102: workers' rights, family disputes, t
Page 103 and 104: 6. A meeting with the Legal Advisor
Page 105 and 106: Democratic Development Unit The uni
Page 107 and 108: 1.5) Contribution to PCHR's Interve
Page 109 and 110: 4. 4 May The importance of election
Page 111 and 112: Means of Verification o The unit or
Page 113 and 114: including the Palestine Bar Associa
Page 115 and 116: 5.2.6) Monitoring of the Elections
Page 117 and 118: Economic, Social, and Cultural Righ
Page 119 and 120: 1.5) A Report on Israeli Attacks on
Page 121 and 122: o A number of academics demonstrate
Page 123 and 124: cooperation between the two sides.
Page 125 and 126: • On 14 February 2005, the unit h
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Means of Verification o Field worke
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1.2) Documentation of Palestinian V
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o Completed forms were transferred
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20 June Palestine News Agency (Wafa
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3.1) Weekly Report on Israeli Viola
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Activities as Set out in 2005 Annua
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1.1) Training Courses in Coordinati
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• Three human rights committees w
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• The nominees were called for 13
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• Three persons who had previousl
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Women’s and Children’s Rights U
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police, and discussed with her poss
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4. On 24 July, the unit head was in
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3) Lobbying for the Incorporation o
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4.3) Participation in Meetings of t
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International Unit Introduction As
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1. Intervention at UN Bodies Activi
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Palestinian civilians who suffered
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5. Donors and Funding Activity: Mai
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Outcome: • See section 1 on UN in
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• Staff solicited, compiled and p
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humanitarian law and the Palestinia
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Conference of Solidarity with the P
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the protection of civilians in Pale
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Annual Meeting of the Coalition for
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epresentative office. The delegatio
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An American Church Delegation On 24
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challenges facing the OPT following
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1 March Kate Maynard, Solicitor, H
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2 June Tetsuya Nakamura, Campaign f
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6 October Ramani Leathard, Regiona
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Interviews with Local and Internati
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23 August Voice of Islam, South Afr
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PCHR’s Publications in 2005 PCHR'
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21. 3 May International Unit Palest
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54. 16 November Economic, Social an
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21. 3 May Democratic Development Un
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58. 24 November Democratic Developm
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Securing the Wall from Internationa
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Pictures of PCHR’s Activities in
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200
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A delegation from YMCA in Norway an
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Participants in the first workshop
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Participants in a workshop on pover
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Annual Report - Palestinian Center for Human Rights

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