the Acting Council of the Palestinian Bar Association removed at least nine human rights lawyers associated with human rights organizations in the Palestinian Autonomous Areas from its list of practicing lawyers.
On 10 May 2000, the Acting Council of the Palestinian Bar Association removed at least nine human rights lawyers associated with human rights organizations in the Palestinian Autonomous Areas from its list of practicing lawyers. The lawyers include well-known human rights lawyer Raji Sourani, the director of the Palestinian Center for Human Rights (PCHR) -- an affiliate of the International Commission of Jurists and FIDH -- as well as other PCHR lawyers Iyad Alami, Hanan Matar, Ashraf Nasralla, Ibrahim Sourani, and Fouad Tarazi. Lawyer Hanan al Bakri of the Women's Legal and Social Counselling Center, was removed as well. They all received notices dated 9 May 2000, which were not signed, but only stamped with the logo of the Bar Association.
The Council claims to have based its action on Article 7 of the Palestinian Bar Association Law, which prohibits, inter alia, lawyers from combining the practice of law with the holding of public or private employment, whether for salary or reward.
We are concerned by this narrow and restrictive interpretation of the law which effectively prevents lawyers associated with human rights groups from pleading before courts. This action significantly limits the capacity of these groups to provide legal assistance. We are further concerned that the lawyers were not given the chance to have their point of view heard, in accordance with due process, before such a drastic measure was taken. Principle 23 of the 1990 UN Basic Principles on the Role of Lawyers states:
"Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organisation and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organisation. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognised standards and ethics of the legal profession."
It is fully consistent with this provision that lawyers should be free to form or join human rights groups. As the principles state, lawyers should not suffer professional restrictions for exercising this fundamental right.
We are disturbed that the Acting Council of the Bar took these steps against PCHR lawyers only a few days after PCHR obtained on 29 April 2000, a ruling from the Palestinian High Court of Justice to suspend an administrative decision of the Chief of Police. This decision prohibited the holding of public meetings without his prior approval. We fear that the Acting Bar Council's move against these lawyers was politically motivated to prevent them from carrying out their professional activities. Our fear is supported by the fact that this measure appears to be selectively applied.
The Acting Bar Council was appointed by President Arafat as an interim measure to prepare for bar elections by 9 May 2000. It took this iniquitous measure in its last day in office. The bar elections are yet to take place.
We call on the Council to rescind its decision.
