His Excellency Adviser. Diaa’ Al-Deen Al-Madhoun/ Gaza,
His Excellency the Head of the Substantive Office at the High Judicial Council, Adviser. Ziad Thabet/ Gaza,
Subject: Women's Access to Justice is A Constitutional Right That Shall be Observed and Implemented
MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to you, noting that on the 23rd of September, the center received a written complaint from a Gazan resident, in which she states that Gaza’s Magistrate Court issued a decisions to prove the status of the property and prohibit disposing of them, in response to her filed case No. 1265/ 201, on claiming her rights of inheritance.
The complainant mentioned that the decisions were implemented by the Judicial Police and that they were reflected in an official report sent to the court and parties to the case while obliging her to pay a fee of 400 NIS in violation of the Law on Court Fees.
However, the complainant was surprised by violating the judicial decisions by the defendants, who changed the features of the house that represents the subject of the request. In her turn, the complainant headed to Al-Toffah and Al-Daraj Police Department to file a complaint on that regard, but the officers on duty unlawfully deterred her from complaining. Subsequently, the complainant headed to the court to prove the change in the property, which can be traced by comparing its current features with those provided in the official record issued previously in its regard. Nevertheless, the court asked her to apply for a request for property status, while a prohibition of disposal and a fee of 350 NIS were imposed on her.
MUSAWA believes that such decisions explicitly violate the provisions and principles of the Palestinian Basic Law and the international treaties and conventions, not to mention that they entail serious impingements upon citizens’ rights, which shall contribute to prolonging the litigations, increasing the judicial accumulations, complicating the proceedings, and increasing the burdens on implementing judicial decisions, while justifying the lack of accountability and the tend of following personal and subjective standards while discharging the duties of public posts, which is mainly noticed in the performance of the Police and the Judicial Police
Thus, MUSAWA asks your Excellences to take the needed legal action that ensures the citizens’ access to justice in accordance with the process of law, to confront the phenomenon of hindering citizens from exercising their right to file complaints concerning their violated rights, to follow the proceedings of criminal and civil accountability, and to oblige the members of the Police and the Judicial Police to perform their tasks without any delay or procrastination.
With All Due Respect,
Issued on 30/9/2019
Attachments: A copy of the citizens’ complaint, and the complaint’s attachments.