Rapid Adjudication in Legal Cases Does Not Justify Prejudicing the Fair Trial Guarantees

2019-07-07

Gaza

Gaza / Core Program 2016-2019

His Excellency the head of the Judicial Inspection Unit, Adviser. Ziad Thabet/ Gaza

 

Subject: Rapid Adjudication in Legal Cases Does Not Justify Prejudicing the Fair Trial Guarantees

 

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your Excellency, noting that one of the center’s oversight visits to the justice pillars, implemented by MUSAWA’s representatives and friends belonging to the Lawyers for the Rule of Law groups and the Palestinian Human Rights Defenders Network, resulted in monitoring the recurrence of violating the Fair Trial Guarantees of detainees by the judge of ……… Court, Adv. ……………., whose approach violates the platitudes of law provisions, as he ascribes confessions to the convicted individuals despite their denial of the charges against them, not to mention that the judge also decided, based on the ascribed confessions, to end the litigation by announcing the convicted guilty and imposing a financial fine on them without respecting the fair trial guarantees, hearing the testimony of the accused, or even considering the testimonies of the prosecution witnesses and the defense witnesses. In its turn, MUSAWA turned to the judge seeking his view in the mentioned case, and he answered that he follows this approach for the belief that rapid adjudication in legal cases is an embodiment of the principle of full and speedy justice.

 

MUSAWA believes that the judge’s attitude entails a serious violation of the fair trial guarantees and the right of defense, and a breach of the requirements of establishing the veracity of the truth as it misses with the citizen’s rights by giving them the label of condemnation, threatening their social, psychological, and professional stability, affecting their reputation, wasting the rules on fair trial, mocking the litigation principles and directly violates the provisions  of the Basic Law and the Code of Criminal Procedure, as the Basic law and all the international charters and conventions provide for “An accused person is considered innocent until proven guilty in a court of law that guarantees the accused the right to a defense. Any person accused in a criminal case shall be represented by a lawyer”.

 

MUSAWA asks you to consider this memo, to take the needed legal actions in its regard and to hold the mentioned judge accountable, as we reiterate that by this memo we mean no personal prejudice against any public official, especially those mentioned in this memo, and to guarantee the litigants rights, hoping that you keep us updated with the actions taken by your side duly.

 

With All Due Respect,

 

Issued on 7/7/2019

MUSAWA

 

 

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