His Excellency Attorney General, Adv. Akram Al-khatib,
Refraining from Implementing Judicial Decisions is a Cruel Violation of the Provisions of the Basic law and the Judicial Authority Act that Demands Accountability
On 17/7/2019, the center received a written complaint from Adv. Mohammad Al- Hreini, from Ramallah, in which he stated that on 16/7/2019 he got a judicial order by Jericho’s Court Of First Instance releasing his clients in response to the disciplinary proceeding No 241/2019, noting that his clients, Saleem Awas and Abdulnasser Odeh, are arrested by the General Intelligence Service, which refrained from executing the mentioned judicial order without any legal justification, leaving the two detainees at custody till this day.
In the same context, on 23/6/2019, MUSAWA has received a complaint from ………….. from Ramallah, stating that her father has been in pre-trial detention since 2012 at Jericho’s Prison in case No 66/2018, and that the litigation proceedings and the consideration of the case has been postponed since then, as the prosecution members do not appear before the court, although they were duly notified by memos and given that the public prosecution was assigned to bring them to the court’s hearing as the witnesses are police members.
MUSAWA believes that the components of the complaint entail a violation of both the Judicial Authority Act, the Basic Law, and the fair trial, as they represent an attempt to extend the trial proceedings, not to mention the public prosecution’s failure to meet its obligations, which could affect the principle of full and speedy justice, and presents a denial of justice and a punishable offence by articles 106 and 82 of the Basic Law and the Judicial Authority Act, which provide that refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him.
We also note that refraining from implementing judicial rulings falls under the umbrella of corruption, as it is considered an aspect of breaching the post obligations, given that refraining from implementing any action or procedure provided by law, for unlawful consideration, is considered an abuse of power and a corruption crime according to the provisions of the Anti- Corruption Law and the International Convention on combating corruption signed by the State of Palestine. Besides, the first complaint entails unlawful detention, which requires accountability according to the provisions of national and international laws signed by the State of Palestine and to which is bound, especially the International Covenant on Civil and Political Rights. Noting that the Public Prosecution must execute criminal judgments, and to guarantee the protection of human rights by the right application of the Code of Criminal Procedure’s provisions, not to mention that its obligation to provide its testimonies and brining its witnesses to the court whenever it asks for them without any delay, to address the subject of the second complaint.
Thus, we ask your Excellency, in your capacity as the Attorney General and a member of the High Judicial Council, to consider our memo regarding the two complaints, to take the needed legal action in their regard ensuring the implementation of the mentioned judicial ruling, to release the detainees, to obligate the prosecution witnesses to appear before court and provide testimonies, and to keep us updated with the action taken by your distinguished body.
With All Due Respect,
Issued on 22/7/2019
Legal Monitoring Officer
Adv. Angham Mansour
Attachments: copies of the complaints