Violating The Rules Of Jurisdictional Competences Affects The Fair Trial Guarantees
His Excellency The Head Of Judicial Inspection, Adviser Ziad Thabet/ Gaza
His Excellency Attorney General, Adviser Diaa Al-Deen Al-Madhoun/ Gaza
Subject: Violating The Rules Of Jurisdictional Competences Affects The Fair Trial Guarantees
MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your excellences, noting that through its oversight visits over the performance of the official judicial system implemented by its representatives, lawyers For The Rule of Law Groups (Friends of MUSAWA), and the Palestinian Human Rights Defenders’ Network, the center recorded on 28/5/2019 that a 5-years judgment of imprisonment was rendered against the juvenile …….., 17 years old, in the criminal case no 182/2019.
MUSAWA believes that the neglecting to verify the age of the defendant, and not referring the case to the competent juvenile court, though the juvenile’s age was identified in the Indictment attached with the case file, violate the rules of jurisdictional competences, affects the fair trial guaranteed of juveniles, represented a breach of the juvenile’s law, contradicts with both the best interests of juveniles, and the law provisions, which delegated the juvenile’s court and the juvenile’s prosecution to proceed with the case and prosecute juveniles, and delegated the juvenile’s police to have the power to gather related evidence and perform the judicial enforcement related to the cases of juveniles and children at Risk of Delinquency, in a way that ensures the children rights, the ways for rehabilitate children and integrating them with the community. The court’s attitude also violated the provisions of article 24 and 25 of the juvenile’s law, which provided for “Each court department shall form a committee specialized in considering juvenile’s cases, the court can be held during weekends, official holidays, and night shifts should the need or the best interest of the child arise, the court can be held at Social care homes, whereas the jury shall include a single judge, who has the degree of the first instance to consider the criminal offenses and misdemeanors, a children protection guide and a member of juvenile prosecution must be present at the time of holding the hearing, before taking any decision concerning a juvenile, the juvenile court shall examine and discuss the report of the children protection guide, otherwise, the report will be considered an assessment of the juvenile’s status and interest, and it shall be included in the court’s judgment”, and violated article 26 of the same act, which provided for “A juvenile court has the sole jurisdiction to consider the cases of juveniles or chidden according to the children law in force”, When an offense was committed jointly by a minor and an adult, the juvenile shall be tried before a juvenile court.
Thus, we ask you to consider our memo, to take the needed legal action in its regard, including cancelling the trial proceedings and referring the case to the competent juvenile court to ensure the adherence to the rule of law and the fair tail guarantees of juveniles, in addition to referring the subject of this memo to the department of judicial inspection in the judiciary and the public prosecution in order to take the needed legal action concerning violating the law provisions and affecting the juvenile’s rights, and finally, we ask you to keep is updated with the results of the actions taken by your side duly.
With All Due Respect,
Issued on 27/6/2019
-A copy of the Indictment