2023-06-25

West bank

West Bank / Core Program

Esteemed president and members of the Bar Association,
Subject: Non-compliance of Notaries Public with the Notarial Deeds System 

MUSAWA-The Palestinian Center for the Independence of the Judiciary and the Legal Profession- extends its greetings, stating that it has received complaints from a number of practicing lawyers regarding notaries public's non-compliance with the notarial deeds system, which has resulted in a decrease in the number of notarial deeds, negatively affecting the lawyers' work. 
Accordingly, a random sample of 282 lawyers participated in a survey prepared by MUSAWA to gather the opinions of practicing lawyers on the extent to which notaries public adhere to the notarial deeds system. The survey showed that more than two-thirds of practicing lawyers (68.8%) affirm that notaries do not adhere to the notarial deeds system, while only a third of practicing lawyers (31.2%) believe that notaries adhere to the notarial deeds system.
MUSAWA considers these findings to be highly serious as they show that public servants do not carry out their duties and fail to adhere to a system issued by the official authorities directly in charge of notaries public's performance as public servants.
In light of such a grave violation of lawyers' rights, disregard for the legislation governing notarial deeds, failure to carry out job duties, and the negative consequences, we request that your esteemed council and the State Audit & Administrative Control Bureau (SAACB) take these findings seriously and conduct an impartial investigation into the matter. We also ask that you take the required legal and administrative measures, such as accountability, in a way that protects lawyers' rights, fully commits to applying the aforementioned system, fulfills the obligations of public office, holds accountable anyone who deviates from it, violates it, or disregards the legislation governing it, and ensures the faithful implementation of the system that has received your esteemed council's approval. We hope to be duly informed of the actions taken by you in this regard.

Sincerely,

Ahlam Tarayra

Executive Director 

25/06/2023

Dear State Audit & Administrative Control Bureau (SAACB),
Subject: Non-compliance of Notaries Public with the Notarial Deeds System

MUSAWA-The Palestinian Center for the Independence of the Judiciary and the Legal Profession- extends its greetings, stating that it has received complaints from a number of practicing lawyers regarding notaries public's non-compliance with the notarial deeds system, which has resulted in a decrease in the number of notarial deeds, negatively affecting the lawyers' work. 
Accordingly, a random sample of 282 lawyers participated in a survey prepared by MUSAWA to gather the opinions of practicing lawyers on the extent to which notaries public adhere to the notarial deeds system. The survey showed that more than two-thirds of practicing lawyers (68.8%) affirm that notaries do not adhere to the notarial deeds system, while only a third of practicing lawyers (31.2%) believe that notaries adhere to the notarial deeds system.
MUSAWA considers these findings to be highly serious as they show that public servants do not carry out their duties and fail to adhere to a system issued by the official authorities directly in charge of notaries public's performance as public servants.
In light of such a grave violation of lawyers' rights, disregard for the legislation governing notarial deeds, failure to carry out job duties, and the negative consequences, we request that your esteemed council and the State Audit & Administrative Control Bureau (SAACB) take these findings seriously and conduct an impartial investigation into the matter. We also ask that you take the required legal and administrative measures, such as accountability, in a way that protects lawyers' rights, fully commits to applying the aforementioned system, fulfills the obligations of public office, holds accountable anyone who deviates from it, violates it, or disregards the legislation governing it, and ensures the faithful implementation of the system that has received your esteemed council's approval. We hope to be duly informed of the actions taken by you in this regard.

Sincerely,

Ahlam Tarayra

Executive Director 

25/06/2023