2017-06-18

Ramallah

West Bank

The Honorable Judicial Inspection Department;
Supreme Judge Department,

Subject: the violation of the judicial code of conduct

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their greetings to you, noting that a written complaint was received on 13/06/2017 (attached) from the trainee Shari’a lawyer, Hamzeh Abdullah Abu-Shihab, from Qalqilya. The complaint states that as he was surprised by the strict manner of speech and attitude of Judge ………… in addressing him as he was present at Qalqilya’s Shari’a court for the purpose of finalizing his training requirements so that he can officially practice Shari’a law.

The complainant added that the honorable judge ………… prohibited him more than once from attending hearings despite the fact that they are public hearings and not closed ones, without giving any justification. According to his complaint, the judge kicked him out of the court room, addressing him in an inappropriate manner that prejudices his personal and professional dignity.

As a non-governmental and independent watchdog organization, MUSAWA, with all due respect for all honorable judges, sees that the content of the complaint filed by the trainee Shari’a lawyer Hamzeh Abu-Shihab, if true, indicate an explicit violation of the judicial code of conduct and an infringement of the lawyer’s rights which he is entitled-to by the law, most importantly his right to personal dignity. Also, it represents a clear deviation from the rules and procedures of case management, in addition to preventing the lawyer from fulfilling a binding requirement to attend court hearings as part of his training to be officially admitted to the Bar, and violating the nature of the judicial function as a right that belongs to the society and not a privilege for an individual judge.

The Honorable Judicial Inspection Department,

Article (18/c) of the Law on the Formation of Shari’a Courts states that Shari’a court inspectors assist the supreme judge in inspecting Shari’a courts, and the supreme judge shall choose any judge to conduct the aforementioned inspection.

Accordingly, we ask your Excellency to activate your oversight role, and to examine our memo attentively to take the appropriate legal action regarding the complaint for the purpose of guaranteeing the impartiality of the honorable judges, ensuring the proper administration of justice as well as the rights of both litigants and lawyers, strengthening the rule of law, and preventing any misuse of power.

With all due respect,

Issued on 18/06/2017

Chairman of MUSAWA’s Board of Directors
 Advocate Yasser Jabr            

Attachments:
-    A copy of the complaints filed by the trainee Shari’a lawyer, Hamzeh Abu-Shihab.