25\2\2016

PHROC and ICHR follow up the case of MP Najat Abu Bakr and the statement issued by the Media Office of the Public Prosecution on Wednesday 24 February, 2016, which revealed that the Acting Attorney General has formally summoned Dr. Najat Abu Bakr for interrogation on backdrop of committing crimes punishable according to the Penal Code. After that, Palestinian security services tried to arrest MP Najat while she was near the Palestinian Legislative Council Headquarters in Ramallah.

PHROC and ICHR confirm that the constitutional parliamentary impunity should be duly respected according to the provisions of the Palestinian Amended Basic Law and the Law on the Rights and Obligations of Members of the Legislative Council as well as the Statutes of the PLC. These are constitutional principles and guarantees that enable the MP to perform his \ her parliamentary oversight duties on the performance of the executive authority and to hold it accountable in addition to promoting human rights and public freedoms.

PHROC and ICHR express their opposition to the subpoena issued by the Public Prosecution to MP Najat Abu Bakr since it is in breach of the Basic Law, Criminal Procedure Law and the constitutional parliamentary impunity MPs are entitled to.

This violation by the executive authority is committed in the context of the seriously deteriorating situation of public freedoms in the Palestinian territory and the failure of the executive authority to wisely address crises and on the basis of the rule of law. That can be indicated by the way the executive authority addressed teachers strike, the issue of freedom of opinion and media, arbitrary detention and restrictions imposed on NGOs and non-profit corporations. Unless such a situation is wisely handled, it will lead to further deterioration, disregard of the rule of law and institutions decline.

Considering that, PHROC and ICHR demand that:

Acting Attorney General reconsider his last decision and stop any measures that could prejudice the constitutional parliamentary impunity granted to MPs.
Political levels, represented by the President of Palestine, Mahmoud Abbas, put an end to the deteriorating state of public freedoms and find solutions for the current crises through dialogue and based on the rule of law.
The PLC convene and initiate its due constitutional duties of legislation and oversight over the executive branch in a manner that would contribute to restoring the unity of the institutions, pending presidential and legislative elections which should expeditiously be held.