2019-02-14

Ramallah

West Bank

Refraining from Implementing a Judicial Decision

His Excellency Director of the Ombudsman and human rights’ Office at the Palestinian Police, Colonel Rodaina Bani Odeh, 

Subject: Refraining from Implementing a Judicial Decision

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your Excellency.

On 6 February 2019, MUSAWA received a written complaint from the complainant Mohammad Jamil Ibrahim Mansour, from the village of Biddu, preceded by another complaint (Attached) in the same regard. Both complaints stated that the aforementioned complainant was rendered a verdict, to stop the acts of bulldozing and construction on the complainant’s land and to use force if necessary against the defendants. According to the decision of the judge, the defendants turned a blind eye to the decision of the court, carried on the acts of bulldozing and construction, and ended up building several buildings on his land as he claims. The complainant added that he had reported the incident to Al-Dawahi police, and he had lodged several complaints to the Public Prosecution Office in Ramallah since the issuance of the verdict, to get them to respect the court’s verdict, but his complaints are not yet addressed.

The complainant added that the defendants’ intransigence and the police failure to enforce judicial ruling open the door to the evolution of the conflict into actions that could result in unforeseen dire consequences, stressing his adherence to the rule of law and his refusal to take the law into his own hands, as it is an act that threats the life and safety of civilians, which could bring down the stability of the village.  

In view of what has been said, MUSAWA believes that the contents of the complaint, if true, constitute a violation of the Law. In addition, refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever is considered a crime as provided in article 473 of the Penal Code No 16 of 1960, and by the provisions of the Basic Law and the Judicial Authority Act. Thus, the executive police must be compelled to take the needed legal actions immediately, which shall result in stopping the defendants’ unilateralism that violates the law, and to hold the police officers accountable for their failure in implementing the judicial decision in a way that ensures the rule of law, the defendant’s rights, and the social peace.

We ask your Excellency to look thoroughly into our memo and to act upon it as appropriate, ensuring that the defendants are compelled to respect the judicial decisions by stopping the acts of construction immediately until knowing the final determination of the case on property stability filed by the defendants with the competent court. Hoping that you update us with the action taken by your body in this regard duly.

With All Due Respect

Issued on 7/2/2019

Legal Monitoring Officer

Adv. Angham Mansour

Attachments:

-    A copy of the complaint

-    A copy of an earlier memo sent to the Attorney General on the same regard.

-    A copy of the judicial decisions on stopping the acts of construction.