2023-03-19

Gaza

Gaza / position paper

Your Excellency Counselor Diaa Al-Madhoun, Chief of the High Judicial Council in Gaza,

Subject: Continuation of Salary Deduction Violating a Final Court Ruling to Stay Enforcement Procedures

MUSAWA-The Palestinian Center for the Independence of the Judiciary and the Legal Profession- extends its greetings and expresses that it has received a complaint from Adv. Ahlam At-Tabasi in her capacity as representative of the litigant Ahmad Hamada from Gaza. The complainant states that she has obtained, from a court of first instance in its appellate capacity, a court decision to stay enforcement procedures of the execution petition No. 1259/2022, which is considered a final and unappealable judgment (except by a petition for review that is submitted to you as chief of the high judicial council), but that is not found in the aforementioned case file. Yet the deduction from her client’s salary continues, which goes against the final ruling of the competent court.

The complainant notes that she, as representative of Ahmad Hamada, submitted an objection to the enforcement regarding the legitimacy of the enforcement procedures carried out against her client in the first place, as there is an apparent difference between the name of her client and the name of the respondent (The execution debtor) in the same case. Accordingly, she has repeatedly submitted many objections since October 2022, yet none have been considered to date. The complainant, in her aforementioned capacity, affixed her signature in the complaint (attached to this memo) stating that she bears the responsibility if her claim proves to be invalid.

We at MUSAWA, in our capacity as an independent civil monitoring body, consider that the complaint holds sufficient reason for the judicial inspection department to conduct an investigation into the details of this complaint, take the necessary legal measures regarding it, especially matters such as impeding, delaying or not enforcing final court rulings, which goes against the texts and provisions of the Basic Law and the Judicial Authority Law, in addition to the illegality of the issuance and implementation of enforcement procedures against one who is not a party to the execution claim, and the illegitimacy of not considering the objections regarding the invalidity of these procedures.

We hope you will refer our memo and the complaint in question to the judicial inspection department to take the necessary legal measures, and duly inform us of the action taken.

Sincerely,

MUSAWA

23/02/2023

                                      Attachments: The complaint