Ramallah – On 1 February 2022, the Independent Commission for Human Rights (ICHR) sent a letter to President Mahmoud Abbas, requesting that publication of the Law by Decree No. ( ) Concerning the Amendment of the Penal Procedure Law No. 3 of 2001 be suspended. Providing for expediting court proceedings, the Law by Decree is feared to be at the expense of fair trial guarantees and right to defence.

In its letter, the ICHR affirmed its support to any official efforts to fast-track court proceedings and realise the public right to full justice as a human right. However, the ICHR stressed that more expeditious court proceedings should not be at the expense of fair trial guarantees and right to defence. These are enshrined in the Amended Basic Law of 2003 as amended and United Nations conventions binding on the State of Palestine, particularly the International Covenant on Civil and Political Rights and the Convention against Torture. Additionally, the ICHR emphasised that handling court proceedings must be carefully balanced with the right to a fair trial and the sacred right to defence.

The ICHR expressed the hope that the President issue instructions to suspend publication of the Law by Decree Amending the Penal Procedure Law. Accordingly, the ICHR and all relevant parties, including the Palestinian Bar Association, can examine and pronounce an opinion on the enactment.

The letter stated: “The ICHR has reviewed a copy in circulation with the President’s signature of a Law by Decree Amending the Penal Procedure Law, promulgated on 25 January 2022, and according to official news reported by the Palestine News and Information Agency (WAFA), the said Law by Decree as well as another three laws by decrees of the same date, aim at expediting court proceedings and regulating the use of modern technology in the judicial process.”

The ICHR explained that an examination of the amendments to the Penal Procedure Law in light of national and international standards binding on the State of Palestine and public institutions demonstrated that these amendments would allow for violating fundamental human rights and freedoms, particularly the right to a fair trial, right to defence, freedom of the person, and principle of the presumption of innocence. In certain crimes, it is prohibited that the accused be released on bail. While undermining judges’ control over the physical and psychological integrity of the accused, the Law by Decree renders the exercise of the right to defence a daunting and strenuous task. The Law by Decree also includes provisions that are inconsistent with the principle of the rule of law. It grants legal immunity to civil servants and security personnel against prosecution when they commit crimes in the course of, or due to, their duties. Other provisions are indeed in violation of human rights and run counter to the Basic Law and State of Palestine’s obligations under human rights conventions.

 

2-2-2022