2018-12-02

Ramallah

West Bank

His Excellency, the Head of the Military Judiciary, General Ismael Farraj

Subject: Violating the lawyer’s Right to Copy the Case File and to Discharge his Professional Duty

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

The center received a complaint from Adv. Wissam Hammad, the agent for the two defendants … and …, who are held in custody pending the military trial No…..

The complaint stated that the complainant requested to photocopy the file of the mentioned case, but the request was rejected by the clerk of the military judiciary, who claimed that the file was in possession of the military prosecution.  

Adv. Hammad mentioned that he reiterated his request in the first trial hearing, but the judge ….., the chairperson of the trial panel turned down the application for a second time, claiming that the file is not in possession of the court and that it is a confidential file, which impeded the complainant from defending his clients, and led him to ask the court to accept his withdrawal from representing his clients.

The complainant pointed out that the court has accepted his request, and asked the two defendants to hire another lawyer.

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession believes that the contents of the complaint – if true – entail a serious violation of the right of defense, a deviation from the norms and guarantees of a fair trial, and an obstruction of the duty of defense.

The mentioned entailments combined to cause defense failure in providing legal help, and in defending the accused, as the lawyer was denied from his right to check the contents of the case file, which impeded meeting the duty's obligations, including clients’ defending.

With all due respect, MUSAWA believes that the court made a mistake, by not mandating the military prosecution to enable the lawyer of examining the contents of the case file, especially that the investigations into the file were completed, and the case was referred to the court.

Thus, we ask your Excellency to consider our memo and the complaint attached with it, to take the necessary legal action that ensures the defendants’ right to a fair trial, to safeguard the right of defense, and to enable the lawyer of discharging his duty duly.  

With All Due Respect

Issued on 25/11/2018

MUSAWA

Attachments:

-    A copy of the complaint.