Concerns that the Palestinian presidential decree on holding elections is illegal

Hemaya Center for Human Rights followed up on President Mahmoud Abbas issuing a presidential decree regarding the conduct of legislative, presidential, and National Council elections. 

Legislative elections are scheduled to take place in accordance with the decree on May 22, the presidential elections on July 31, and the National Assembly (the parliament of the PLO) on August 31, 2021.

Hemaya Center for Human Rights expressed its concern and surprise that this decree was based in its preamble on the interpretative decision of the Supreme Constitutional Court No. (10) for the (3) judicial year; Under which the Palestinian Legislative Council was dissolved, and Palestinian civil society institutions considered it, through a joint position issued on December 27, 2018, to be a political decision par excellence.

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The Center affirmed that the Supreme Constitutional Court, in its current form, is not valid to consider any interpretation request or constitutional dispute, since its formation was not in accordance with the Palestinian Basic Law and other laws, especially the text of Article (7) of the Constitutional Court Law, which required that the president, deputy, and judges of the court take the oath before the President of the National Authority, the President of the Legislative Council and the President of the Supreme Judicial Council starting their work. 

Whereas the swearing-in took place in the absence of the Speaker of the Legislative Council, and since these constitutional and legal procedures have been violated in the formation of the court, the formation of the Supreme Constitutional Court and its rulings and decisions are non-existent.

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Hemaya Center for Human Rights reiterated its emphasis on the necessity to end the division and advance the political reality and refer to the texts of law, urges the necessity of providing all guarantees and the atmosphere necessary for holding free and fair Palestinian elections, including the restructuring of the Constitutional Court based on sound legal considerations, and the neutralization of the existing court.

(Source / 22.01.2021)

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