2019-06-30

Gaza

Gaza

Appearing before Courts without Case Files Causes Undue Delay In The litigation Procedures and Affects Human Rights & Fair Trial Guarantees

His Excellency Attorney General, Diaa Al-Deen Al-Madhoun/ Gaza

His Excellency the Head of Judicial Inspection, Ziad Thabet/ Gaza

Subject: Appearing before Courts without Case Files Causes Undue Delay In the litigation Procedures and Affects Human Rights & Fair Trial Guarantees

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your excellences, noting that through its oversight visits over the performance of the official judicial system implemented by its representatives, lawyers For The Rule of Law Groups (Friends of MUSAWA), and the Palestinian Human Rights Defenders’ Network, the center recorded on 21 and 27/5/2019 a recurrence of the phenomenon of prosecution members appearing before courts without bringing their case files along, and thus requesting to postpone the consideration of their cases. The court, on its part, accepts their postponing request, noting that such case happened at Gaza’s Magistrate Court and Court of first instance more than 10 times, as the consideration of 10 criminal cases was postponed before those two courts, justifying that with claiming that they forgot to bring their case files to the hearing and that they did not have the chance to view them. The center has also recorded that some prosecution representatives do have access to case files and that they use the power of their position to view them.

MUSAWA believes that the recurrence of postponing the consideration of criminal proceedings, due to the failure of prosecution representatives in showing their case files, is a main reason for prolonging the litigation proceedings, which violates the fair trial guarantees and human rights, as "justice delayed is justice denied", and as such actions breach the post obligations, and contradicts with the role of the public prosecution as a representative of the community and an honorable opponent in the litigation. MUSAWA also perceives the court’s compliance with postponing the hearings for such reasons as a failure in managing the case that negatively affects the litigants’ trust in the performance, independence, and neutrality of the courts, not to mention how it affects the litigants’ rights, especially their right to be deemed to be innocent until his/her guilt has been proved, and their right to be free and not be kept in custody in contradiction with the law. 

Thus, we ask you to consider our memo, to take the needed legal action in its regard, including referring its subject to the Department of Judicial Inspection in both the judiciary and the public prosecution to guarantee that prosecution members adhere to the duties of their posts, to hold anyone breaches those obligations accountable, and to keep us updated with the results of the actions taken by your side in this regard duly.

With All Due Respect,

Issued on 27/6/2019

MUSAWA

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