2019-10-01

Ramallah

Human Rights Defenders / West Bank

His Excellency Attorney General, Adv. Akram Al-Khateeb,

His Excellency the President of the Judicial Body of the Palestinian Security Forces, General. Ismael Farraj, 

Subject: 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

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your Excellency, noting that on 19/9/2019, the center received a written memo from Rula Jihad Mahmoud Aldeek, from Al-Tireh/ Ramallah, stating that Ramallah’s executive judge issued three judicial orders to imprison the defendant ………, who works for the Judicial Enforcement Police as a policeman in Ramallah’s Court. The imprisonment orders were the settlement of an executive case filed by the complainant with the Ramallah’s Executive Department on reclaiming an amount of 310000 NIS, noting that the mentioned orders were issued respectively on 29/1/2019, 29/7/2019, and 4/9/2019 according to the complainant’s statement –if proven true-.   

MUSAWA believes that the contents of this memo entail a refrainment from implementing judicial orders according to the provisions of article 106 of the Basic Law and Article 82 of the Judicial Authority Act. In addition, the pre-mentioned claims imply a corruption manifestation; as they reflect a breach of the public posts’ obligations, and an abusive exercise of power and authority under the provisions of the Anti-Corruption Law and the International Convention Against Corruption joined by the State of Palestine, not to mention that refraining from implementing judicial orders contributes to demising the citizens’ trust in the judiciary and pushing them to taking the law into their own hands, besides wasting the principle of accountability and establishing impunity. 

Therefore, MUSAWA asks your Excellences to consider ts memo, to take the needed legal action in its regard in a manner that ensures implementing the mentioned orders, to ensure the complainant’s rights, to instruct the members of judicial enforcement police to adhere to judicial orders, to account the ones responsible for following up the implementation of the mentioned imprisonment orders, and to keep us updated with the actions taken by your bodies duly.

With All Due Respect,

Issued on 24/9/2019

The Legal Monitoring Officer

Adv. Angham Mansour  

•  Attachments: Copies of the complaint
• Two copies of the latest imprisonment orders issued against the defendant.