2018-04-19

West Bank

West Bank

Legal memo to: 
Judicial Inspection Commission

Complaint from: 
Adv. Alaa’ Shamlawi

Subject: 
“Violating Code of Ethics and Lawyer’s Rights”

Memo date: 
19/04/2018

Brief description:
On 10/04/2018, MUSAWA received a complaint from Adv. Alaa’ Shamlawi, who is representing a client in a Sharia case (annulment of a declaration of death of a missing person). In her complaint, the complainant states that she wanted to appeal against the verdict. When she went to the judge regarding the matter, he insulted her and addressed her in an inappropriate manner, and then he threatened her to get out and he swore to her that he will “make an example of her” within earshot of the employees and visitors of the court who were present at the time. In addition, the complainant says that she had requested a copy of the verdict for proceeding with the said appeal, which she was not provided with until two days before the end of the appeal period.

MUSAWA’s intervention:
In view of what has been said, which is supported by a written statement from the complainant where she acknowledges individual liability for any consequences that may result if the contents of her complaint were found to be not true, MUSAWA believes that this involves a blatant violation of the judicial code of ethics, and it falls under criminal offences given that the complainant was threated verbally and by using signals in a way that affects her professional as well as human dignity. Not to mention the direct impact on the psyche of the complainant and her relationship with her clients, putting at risk the rights to which she is entitled under the law, as well as the rights of litigants to access justice and enjoy fair trial guarantees. Finally, it represent an infringement of national legislation as well as the international treaties to which Palestine has acceded. Accordingly, MUSAWA demands that the necessary legal action be taken, where the judge is held accountable for violating the code of ethics and the complainant is guaranteed access to all of her rights, noting that the complainant had lodged a complaint to the Supreme Judge Department addressing the same matter at hand.