Civil Coalition for the Reform and Protection of the Judiciary calls for immediate enforcement of the Jericho Conciliation Court decision on the release of Nizar Banat

The Civil Coalition for the Reform and Protection of the Judiciary has followed the case of Nizar Banat, who was arrested several days ago. On 21 November 2020, Banat was relocated to a detention centre in the Jericho city. He was detained on the grounds of expressing his opinion on matters of public concern on social media networks. On Monday, 23 November 2020, Banat appeared before the Jericho Conciliation Court in the presence of observers from the Civil Coalition for the Reform and Protection of the Judiciary. At the beginning of this month, the Coalition has initiated systematic and comprehensive control over detention processes before conciliation courts in the West Bank and Gaza. The Court ruled for releasing Banat on guarantee of his place of residence.

Expressing its satisfaction with the Jericho Conciliation Court decision, the Coalition views with profound concern the failure to enforce the court decision and to respect the principle of the rule of law by security agencies and executive branch of government. This reflects abuse of public office, based on which citizens place their trust in security agencies to enforce law. The executive power would rather enforce court decisions and lead by example. Failure to execute court decisions is a crime under Article 106 of the Amended Basic Law: “Judicial rulings shall be implemented. Refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him.”

The Coalition is of the view that refraining from enforcing rulings of Palestinian courts by security agencies reflects an extreme form of executive dominance over other powers. It illustrates disorder and disrespect for the principles and norms of the Palestinian Basic Law in the context of a complete absence of separation of powers and abstention from holding national elections. Against this background, the Coalition calls:

1. On the Prime Minister, in his capacity as the Minister of Interior, to consolidate respect for the Palestinian Judicial Authority, enforce the Jericho Conciliation Court decision, immediately release Banat, ensure the execution of all judicial rulings, and put an end to all detentions against the backdrop of the right freedom of expression, which the Prime Minister guaranteed when he took office;
2. On the Attorney General to hold to account and enforce law on all parties that refrain from executing court decisions, given that such abstention is a crime.
3. For holding elections, restoring the integrity and strength of all three powers, and promoting a balanced separation of powers.