2018-06-10

Ramallah

West Bank

Legal memo to: 
Chairman of the Palestinian Anti-Corruption Commission 

Complaint from: 
Citizen ………………………. From Ramallah

Subject: 
“Failure to Enforce Judicial Ruling in Violation of the Basic Law, Judicial Authority Law, and Anti-Corruption Law”

Memo date: 
10/06/2018

Brief description:
On 04/06/2018, MUSAWA received a complaint stating that the complainant was rendered a final verdict by the High Court of Justice annulling the decision of Ramallah’s Municipality to refer the complainant to retirement. The complainant reported that the verdict has been rendered since 30/01/2017 but has not been enforced yet. Ramallah’s Municipality has refused to respond to the complainant’s demand in violation of the Basic Law, Judicial Authority Law, and Anti-Corruption Law.

MUSAWA’s intervention:
In view of what has been said, MUSAWA believes that the contents of the complaint, if true, constitute a violation of Article (106) of the Basic Law in particular, which states “Judicial rulings shall be implemented. Refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him”, as well as Article (82) of the Judicial Authority Law.
This also violates the Anti-Corruption Law, as it involves abuse of power and deviation from job responsibilities.