Ramallah - "Jerusalem" dot com - "Al-Haq" Foundation confirmed this evening, Saturday, that the decisions by laws that were issued in the judicial matter seriously affected the guarantees of a fair trial, and the presumption of innocence attached to the human being.

In a position paper issued by Al-Haq, Al-Haq affirmed that these decrees by laws transferred detention procedures from precautionary measures that have their origins and philosophy in international law and standards to a prior punishment for the accused through the possibility of extending the detention for a period that reaches the sentence prescribed for the crime, and leads to depriving citizens of Their right to appear before their natural judge expeditiously by allowing the extension of detention without being brought to court under vague headings represented in force majeure, which lead to prejudice the principle of two-level litigation and public trial on which our judicial system is based by examining appeals carefully.

And she continued, “It also vests the accused with the authority to bring defense witnesses, which is the responsibility of law enforcement officials, and considers him incapable of providing evidence in the event that the witness does not appear to testify before the court, and requires prior written permission from the Attorney General or one of his assistants for the possibility of prosecuting the public employee or members of the police force.” This may lead to immunization from prosecution and punishment, imposing fines on lawyers and citizens in unjustified cases, and violating notification procedures in a way that threatens legal rights and guarantees, in addition to raising court fees exponentially in a manner that constitutes a gross violation of the principle of free litigation and the right to access justice. Leads to a threat to civil peace.

Al-Haq confirmed that the demands announced by the Palestinian Bar Association , and the ongoing activities led by the association, calling for halting the enforcement of decisions by laws affecting judicial affairs and canceling their effects; Legitimate and consistent with the principle of the rule of law and international standards, and based on the inherent role of the Bar Association in defending public rights and freedoms, and requires support from civil society institutions.

Al-Haq stresses the need to rescind decisions by laws affecting judicial affairs, without delay, due to the absence of the necessity that does not tolerate delay in issuing them contrary to the provisions of the Constitution, and because they involve grave violations of constitutional principles and values, guarantees of a fair trial, and others.

Al-Haq said: "The continuous deterioration in the judicial affairs is due to unconstitutional interference that violates international conventions and standards in the judiciary and justice affairs, and not the judicial legislation itself, which has led to a decline in citizens' confidence in the judiciary, and wasted the principle of the rule of law and the separation of powers, including It warns of the reluctance of citizens to resort to the judiciary, and to fulfill the right in particular, which threatens civil and societal peace, which requires an immediate cessation of interference in the judicial matter, especially the legislation regulating it.

Al-Haq stressed the need to unite and intensify all efforts towards holding general legislative and presidential elections as a suitable ground for unifying and reforming the judiciary in the West Bank and Gaza Strip, in a way that restores respect for the institutions of the Palestinian political system, and respect for the principle of separation of powers and the principle of the rule of law as a basis for good and rational governance.

Al-Haq called for organizing a general conference in the West Bank and Gaza Strip to follow up on the state of deterioration and continuous bleeding in the Palestinian judiciary, in order to unify the societal effort on effective methodology and tools to unify and reform the judiciary and maintain the principle of the rule of law and the pillars of good governance, on the basis of respect for the Basic Law. Amendment (constitution) and agreements to which the State of Palestine has joined.