ABBAS ISSUES PREVENTIVE SECURITY (PSO) DECREE IN A

C O N F I D E N T I A L JERUSALEM 002422 SIPDIS SIPDIS NEA FOR FRONT OFFICE, NSC FOR ABRAMS/SINGH/WATERS E.O. 12958: DECL: 11/21/2017 TAGS: KWBG PINS IS PGOV SUBJECT: ABBAS ISSUES PREVENTIVE SECURITY (PSO) DECREE IN A STEP TOWARD FULL LEGAL FRAMEWORK FOR SECURITY FORCES Classified By: Consul General Jake Walles, for reasons 1.4 (b) and (d) ¶1. (C) President Mahmud Abbas (Abu Mazen) issued a decree clarifying the mandate of the Preventive Security Organization (PSO) on November 19 (full text in para 3). Security contacts say the PSO decree is part of a general effort to clarify the mandates of the respective security services and establish legal frameworks and enumerated powers for each. (Note: The PA only has a general security forces law (which does not explicitly define mandates and powers of security organizations) and a law regulating the General Intelligence service (Mukhabarat). There is no specific foundation in PA law for the police and other security branches. End Note.) ¶2. (SBU) The PSO decree makes the PSO Chief (currently Ziad Hab al-Rih) subordinate to a Director for Internal Security (vacant since Rashid Abu Shbak's resignation in June),who in turn answers to the Interior Minister. The President retains final appointment authority. The decree charges the PSO with: a) protecting internal Palestinian security, generally; b) preventing threats to and investigating crimes against internal PA security; and c) detecting crimes targeting government departments, public institutions and their employees. The decree also explicitly gives the PSO law enforcement/arrest powers. ¶3. (U) Decree text follows: Decision number ( ) for the year 2007 having the force of the law regarding Preventive Security. Chairman of the PLO Executive Committee President of the Palestinian National Authority In accordance with the amended Basic Law of 2003, after reading the Security Forces' Service Law number 8 for the year 2005, pursuant to the Council of Minister's recommendation of 29 October 2007, by the powers vested in us, and having the public interest in mind, we have issued the following decision, which has the force of the law: Article (1) For the purpose of the application of this law, the following words and phrases shall have the meanings ascribed to them in this law, except where the context clearly indicates a different meaning: Authority: Palestinian National Authority President: President of the Palestinian National Authority Pertinent Ministry: Interior Ministry Pertinent Minister: Interior Minister General Directorate of Preventive Security: Preventive Security Service General Director: General Director of the General Directorate of Preventive Security Individual: an officer or staff officer and elements appointed in the Security Service Article (2) A) Preventive Security Service: It is a regular security directorate general that is part of the Internal Security Forces. It comes under the Pertinent Ministry and operates in the field of security. B) The permanent headquarters of the General Directorate shall be in the city of Jerusalem. The General Directorate shall have two temporary headquarters in the cities of Ramallah and Gaza. It may open branches in other cities. Article (3) The provisions of this law apply to all employees in the General Directorate of Preventive Security. The Council of Ministers approves its organizational structure. Article (4) A) The General Director and his Deputy shall be appointed through a decision issued by the President of the National Authority on the basis of a decision by the Pertinent Minister, the endorsement of the Director General of Internal Security, and the recommendation of a committee of officers. They will take the oath before the President prior to the commencement of their work. B) The General Director shall be appointed for a term of four years, which may be extended by another year through a presidential decision. Article (5) (A) The General Director shall have the power to supervise the work of the General Directorate of Preventive Security and its employees, form the necessary committees to improve its work, and delegate some of his jurisdictions to his Deputy. (B) The General Director shall be responsible before the Pertinent Minister and the Director General of Internal Security for his work, for preserving the secrecy and activity of the General Directorate of Preventive Security and its functions. Article (6) The functions of Preventive Security shall not conflict with operating laws. The General Directorate of Preventive Security is considered the side authorized to: a) work to protect internal Palestinian security, b) follow and prevent crimes that threaten the internal security of the Palestinian National Authority and/or that take place against it, c) uncover crimes that target government departments and public institutions and establishments and their employees. Article (7) Legal/judicial officers. In order to directly facilitate the functions of Preventive Security as approved under the provisions of this law, the officers and staff officers of Preventive Security shall have the capacity to act as legal/judicial officers. Article (8) Protection of Rights. The General Directorate of Preventive Security must commit to protection of rights, freedoms, and guarantees enshrined in Palestinian laws and international charters and treaties. Article (9) Detention Centers. The Pertinent Minister decides the locations of fixed detention centers belonging to Preventive Security in coordination with the General Director. The Justice Minister and the Attorney-General shall be informed about the condition of these centers and any change in this regard. These centers are considered legal detention centers. Article (10) Secrecy. (A) The investigations and records of the General Directorate of Preventive Security must not be revealed, except through a special permit issued by the Pertinent Minister or in implementation of a judicial ruling. (B) The records, activities, and documents of Preventive Security are considered secret and must not be revealed. Article (11) (A) The assistants of the General Directors and the directors of departments in Preventive Security are appointed through a decision issued by the Pertinent Minister on the recommendation of the General Director and the endorsement of the General Director of Internal Security. (B) All the members of Preventive Security shall follow the instructions, regulations, and security measures adopted by the General Director. Article (12) The Pertinent Minister shall submit a periodic report on the work of the General Directorate of Preventive Security to the President of the National Authority and the Prime Minister every three months. Article (13) The Council of Ministers shall issue the executive lists necessary for the implementation of the provisions of this law. Article (14) Everything that conflicts with the provisions of this law shall be canceled. Article (15) This decision, which has the force of the law, shall be submitted to the Legislative Council at the first meeting its holds to approve it. Article (16) All the relevant quarters, each according to its jurisdiction, shall implement the provisions of this law, which shall be effective from the date of its issuance and which shall be published in the official gazette. Issued in the city of Ramallah on 20 November 2007, corresponding to 10 Dhu al-Qi'dah 1428 Higira. Mahmud Abbas Chairman of the PLO Executive Committee President of the Palestinian National Authority WALLES