Failure to Implement the Judicial Rulings is an Approach and Not a One-off Incident

2020-11-24

West Bank and Gaza

West Bank / Gaza / Core Program / position paper

Failure to Implement the Judicial Rulings is an Approach and Not a One-off Incident

 

In light of the public debate and public concern about the risks of not implementing a judicial decision that requires the release of the social activist detained by the intelligence service, Nizar Banat, MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession recalls that the phenomenon of not implementing court rulings is not new behavior, but rather one of the governance approaches adopted by the executive authority and its security bodies to reflect its jurisprudence over the judiciary, to establish that it is the only party to decide on arresting, prosecuting and detaining its opponents, and to lay that it is the reference for all authorities, so that any judicial ruling is carried out upon its approval, and it case it failed to justify its disagreement over a certain ruling, it usually tends to use the so-called detention requested by an official, a governor for example.

 

In its turn, MUSAWA has monitored and documented several cases of non-implementation of judicial decisions and adopted and followed up on the complaints filed by their victims, who continued to be detained for various periods in violation of the rule of law. Disrespecting the courts’ rulings, refraining from implementing them, procrastinating, or obstructing their implementation explains what was reported by Nizar Banat's lawyers, who reported that his release was delayed as the security bodies were waiting for the Prime Minister to approve the release decision. This reveals the executive authority's tendency to disregard the basic law, its failure to implement the principle of separation of powers, and its embodiment of a totalitarian system represented by the executive authority’s control over the other authorities, which portends a real coup against the declaration of independence and the basic law and an attempt to change the structure of the entire political and legal system, raising the need for a clear legal and popular discourse towards the rejection of political arrest, respect for the principle of the independence of the judiciary, adherence to implementing court rulings and the inviolability of constitutional human rights. Recalling that Article 32 of the Basic Law provides that any violation of constitutional human rights is a crime that is not subject to statutory limitations, and requires both accountability and compensation.

 

MUSAWA cautions against the consequences of the attempts to circumvent the final judicial ruling on the release of Nizar Banat, and calls for putting an end to the phenomenon of arbitrary detention or political detention, and demands the abolition of the so-called "pre-trial detention" in compliance with the established judicial principles, which have considered it illegal and declared that it violates the Basic Law and the Code of Criminal Procedure.

 

Issued on 24/11/2020

 

MUSAWA

 

 

Documents Published By MUSAWA in 2019 and 2020 on the Same Subject

 

21/9/2020 - A Memo to the Attorney General on the Security Services' Refrain from Executing Judicial Rulings to Release Detainees.

12/5/2020 - MUSAWA Demands Arresting the Police Members Who Refrained From the Judicial Ruling to Release the owners of the market stalls in Hebron.  

9/10/2019 - The Phenomena of Refraining from Implementing Court Rulings and Governor-Ordered Detentions Persist as Means of Avoiding Obedience.

10/10/2019 - Calling the Public Prosecution and the Judicial Body of the Palestinian Security Forces to Take the Needed Actions to Ensure the Implementation of A Judicial Ruling.

23/7/2019 - Refraining from Implementing Judicial Decisions is a Cruel Violation of the Provisions of the Basic law and the Judicial Authority Act that Demands Accountability.

23/6/2019 - Refraining From Executing a Judicial Ruling.

14/2/2019 - Refraining From Implementing a Judicial Ruling.

13/2/2019 - Refraining from Executing a Judicial Decision and Unlawful Detention.

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