Statement:

The Independent Commission for Human Rights (ICHR) highly values the decision taken by the Prime Minister, Dr. Salam Fayyad, expressing the necessity for the enforcement of implementing all rulings of the Supreme Court of Justice that have stipulated the release of a number of Palestinian detainees in custody of security agencies of the Palestinian National Authority.

ICHR commends this important decision for its potential significant impact on the enhancement of respect for and independence of the Palestinian judiciary. Moreover, ICHR strongly emphasizes the enforceability of all levels of litigation in various courts, along with the need to follow proper legal procedures for the arrest of any Palestinian citizen in a manner that guarantees the detainee's right to a fair trial.

ICHR also calls for the necessity to instruct all Palestinian security agencies to adopt the legal practice of presenting civilians before the civil court of inherent jurisdiction and to refrain from presenting them to the military judiciary.

The Prime Minister's decision, which was announced recently, is consistent with the provisions of Article (106) of the Palestinian Basic Law, which stipulates that: "Judicial rulings shall be implemented. Abstention or suspension of implementation in any manner shall be considered a crime or an offence punishable by imprisonment and dismissal from office if the accused is a public official or public servant. The plaintiff has the right to file a legal action directly to the competent court and the Palestinian National Authority guarantees full compensation to him."

ICHR maintains that the decision is an important step in the consolidation of the principles of rule of law and separation of powers between the three authorities. ICHR also stresses its potential contribution to strengthening the process of institutional building and lay the foundations for a state that respects the rule of law.