The Head and Members of the High Judicial Council/ Gaza,
Subject: Fair trial guarantees
MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their greetings to you, noting that we have received a complaint on 31/12/2017 from a citizen named Fawzi Mohammad Al-Masri, residing in the city of Gaza. The complaint states that he is accused of causing a road accident resulting in physical damage, (driving a vehicle without a driving license) in case no. 3781/2015 Gaza Magistrate Court.
The complainant added that he was not informed about the case mentioned above. He was surprised by the court ruling pronounced on 19/01/2017, and he was fined with an amount of 600 ILS or imprisonment for a month instead.
As an independent and non-governmental watchdog organization, MUSAWA believes that the contents of the complaint, if true, warn of the infringement of the complainant’s right to access to justice, and violate the rules of the effecting service of judicial documents pursuant to the Penal Procedure Law and the Civil and Commercial Procedures Law.
Accordingly, we call on your Excellency to look into the contents of the complaint in detail, and take the necessary legal action to guarantee the proper application of legal procedures, as appropriate.
With all due respect,
Issued on 09/01/2018
Chairman of MUSAWA’s Board of Directors
Dr. Taleb Awad
- Attachments: a copy of the complaint.