Palestinian judiciary and executive clash after arrest in Nablus court

A Palestinian protester carries a burning tire during clashes with Israeli forces following a demonstration on Friday against the expropriation of Palestinian land by Israel in the village of Kfar Qaddum, near Nablus in the occupied West Bank. (AFP)
Updated 10 November 2017
0

Palestinian judiciary and executive clash after arrest in Nablus court

AMMAN: A constitutional crisis between the executive and judicial branches of government is developing in the Palestinian territories after the violent arrest of a lawyer inside a Nablus court this week.
Palestinian intelligence service officers dressed in civilian clothing broke into the Nablus Court of First Instance at 11:30 a.m. on Wednesday, arrested advocate Mohammed Hussein and beat him in front of lawyers, judges and the court police.
The government claims that the arrest was made outside the court.
Advocate Azzam Hashlamon, legal adviser to the Minister of Jerusalem Affairs, told Arab News that video evidence showed that the arrest was made inside the courthouse. “This is a clear violation of the independence of the judiciary and the principles of the rule of law.”
The arrest followed a protest march last week in the village of Deir Al-Hatab in the Nablus district against plans to build a sewage treatment plant within the village’s boundaries. Protesters are accused of damaging public property.
Advocate Hussein, representing the village council, had submitted a suit against the building of the plant.
The government of Prime Minister Rami Hamdallah accused the lawyer of inciting against the plant.
Hashlamon told Arab News that the plant will be funded with a grant of $40 million from the German government.
Hussein was taken to a prison in Jericho but the Bar Association, along with other civil society organizations, called on fellow lawyers to a protest outside the offices of the prime minister in Ramallah on Thursday. The Judicial Council, the attorney general’s office and the consortium of human rights organizations all issued statements condemning the extra-judicial actions inside the court house.
Izzat Ramini, a judge from Nablus who participated in the protest on Thursday, called on President Mahmoud Abbas to intervene. “The court’s jurisdiction was violated and a lawyer’s rights were trampled on, this is a violation of the basic law,” he said to a crowd of jurists made up of lawyers, judges, staff from the attorney general’s office and human rights activists.
Aziz Abu Hamad, deputy attorney general, said that the attack violated the independence of the judiciary. “We call on President Abbas to set up an investigation committee to hold those responsible to account.”
Bassam Salhi, member of the Palestinian Legislative Council, also stated his support for the judiciary.
Majed Arruri, a legal affairs expert based in Ramallah, told Arab News that what had happened was a clear breach of the rule of law. “It is a retraction of the rule of law and represents the priority of security control in the absence of the law.”
The head of the Palestinian Bar Association, Jawwad Obeidat, who had helped to organize the protest, called for the resignation of the prime minister, saying that he made the order acting as minister of the interior.
Obeidat said that the attorney general had decided at 10:30 on Wednesday morning not to detain the accused lawyer because the charge against him was not serious. The judge let him continue his work at the courthouse in Nablus, Obeidat told the protesters and the attending press.
“One hour later civilian-dressed security barged in to the courthouse and beat and arrested our colleague.”
The Palestinian human rights organization Al-Haq issued a statement corroborating what the head of the Bar Association had said — that the arrest and beatings took place inside the courthouse.
Obeidat said that what had happened was a crime against the entire judicial system: Lawyers, judges and the attorney general’s office.
“We call on Maj. Gen. Hazem Atallah, the director general of the Palestinian police, to open an investigation into the failure of the judicial police to protect everyone inside the walls of the courthouse.”
Following the jurist protests, Mohammed Mansour, the director general of the Palestinian Ministry of Interior, issued a statement saying that “the independence of the legal branch is guaranteed” and that the prime minister has ordered an investigation into the accusations.
He said “that the role of the judiciary and the court sanctity must be respected.”


Erdogan proclaimed winner of Turkey’s presidential election

Turkish President Tayyip Erdogan waves to supporters as he leaves his residence in Istanbul, Turkey on Sunday. (REUTERS)
Updated 25 June 2018
0

Erdogan proclaimed winner of Turkey’s presidential election

  • Erdogan has just under 53 percent in the presidential poll while Ince, of the secular Republican People’s Party (CHP), was on 31 percent, state-run Anadolu news agency said, based on a 96 percent vote count
  • The pro-Kurdish Peoples’ Democratic Party (HDP) was polling 11 percent, well over the 10 percent minimum threshold needed to win 46 seats, which would make it the second largest opposition party in the new chamber

ISTANBUL: President Recep Tayyip Erdogan won Turkey’s landmark election Sunday, the country’s electoral commission said, ushering in a new system granting the president sweeping new powers which critics say will cement what they call a one-man rule.
The presidential and parliamentary elections, held more than a year early, complete NATO-member Turkey’s transition from a parliamentary system of government to a presidential one in a process started with a referendum last year.
“The nation has entrusted to me the responsibility of the presidency and the executive duty,” Erdogan said in televised remarks from Istanbul after a near-complete count carried by the state-run Anadolu news agency gave him the majority needed to avoid a runoff.
Speaking early Monday, Supreme Election Council head Sadi Guven said 97.7 of votes had been counted and declared Erdogan the winner.
Guven said that based on unofficial results, five parties passed the threshold of 10 percent of votes required for parties to enter parliament.
Cheering Erdogan supporters waving Turkish flags gathered outside the president’s official residence in Istanbul, chanting, “Here’s the president, here’s the commander.”
“Justice has been served!” said Cihan Yigici, an Erdogan supporter in the crowd.
Thousands of jubilant supporters of the pro-Kurdish Peoples’ Democratic Party, or HDP, also spilled into the streets of the predominantly Kurdish southeastern city of Diyarbakir after unofficial results from Anadolu showed the party coming in third with 11.5 percent of the legislative vote — surpassing the 10 percent threshold needed to enter parliament.
The HDP’s performance was a particular success since presidential candidate Selahattin Demirtas, eight more of its lawmakers and thousands of party members campaigned from jails and prisons. HDP says more than 350 of its election workers have been detained since April 28.
The imprisoned Demirtas, who has been jailed pending trial on terrorism-related charges he has called trumped-up and politically motivated, was in third place in the presidential race with 8.3 percent of the vote, according to Anadolu.
Revelers waved HDP flags and blared car horns. One party supporter, Nejdet Erke, said he had been “waiting for this emotion” since morning.
Erdogan insisted the expanded powers of the Turkish presidency will bring prosperity and stability to the country, especially after a failed military coup attempt in 2016. A state of emergency imposed after the coup remains in place.
Some 50,000 people have been arrested and 110,000 civil servants have been fired under the emergency, which opposition lawmakers say Erdogan has used to stifle dissent.
The new system of government abolished the office of prime minister and empowers the president to take over an executive branch and form the government. He will appoint ministers, vice presidents and high-level bureaucrats, issue decrees, prepare the budget and decide on security policies.
The Turkish Parliament will legislate and have the right to ratify or reject the budget. With Erdogan remaining at the helm of his party, a loyal parliamentary majority could reduce checks and balances on his power unless the opposition can wield an effective challenge.
The president’s critics have warned that Erdogan’s re-election would cement his already firm grip on power and embolden a leader they accuse of showing increasingly autocratic tendencies.
Erdogan’s apparent win comes at a critical time for Turkey. He recently has led a high-stakes foreign affairs gamble, cozying up to Russian President Vladimir Putin with pledges to install a Russian missile defense system in the NATO-member country.
Ince said the results carried on Anadolu misrepresented the official vote count by the country’s electoral board. The main opposition party that nominated him for the presidency, the CHP, said it was waiting for an official announcement from the country’s electoral board.
Erdogan also declared victory for the People’s Alliance, an electoral coalition between his ruling Justice and Development Party and the small Nationalist Movement Party, saying they had secured a “parliamentary majority” in the 600-member assembly.
The unofficial results for the parliamentary election showed Erdogan’s Justice and Development Party, or AKP, losing its majority, with 293 seats in the 600-seat legislature. However, the small nationalist party the AKP allied with garnered 49 seats.
“Even though we could not reach out goal in parliament, God willing we will be working to solve that with all our efforts in the People’s Alliance,” Erdogan said.
The president, who has never lost an election and has been in power since 2003, initially as prime minister, had faced a more robust, united opposition than ever before. Opposition candidates had vowed to return Turkey to a parliamentary democracy with strong checks and balances and have decried what they call Erdogan’s “one-man rule.”
A combative president, Erdogan enjoys considerable support in the conservative and pious heartland, having empowered previously disenfranchised groups. From a modest background himself, he presided over an infrastructure boom that modernized Turkey and lifted many out of poverty while also raising Islam’s profile, for instance by lifting a ban on Islamic headscarves in schools and public offices.
But critics say he has become increasingly autocratic and intolerant of dissent. The election campaign was heavily skewed in his favor, with opposition candidates struggling to get their speeches aired on television in a country where Erdogan directly or indirectly controls most of the media.
Ince, a 54-year-old former physics teacher, was backed by the center-left opposition Republican People’s Party, or CHP. He wooed crowds with an unexpectedly engaging campaign, drawing massive numbers at his rallies in Turkey’s three main cities of Istanbul, Ankara and Izmir.
More than 59 million Turkish citizens, including 3 million expatriates, were eligible to vote.