2022-06-13

GAZA

Gaza / position paper

Your Excellency Mr. Dia’ Al-Madhoun, President of the High Judicial Council,

Your Excellency Mr. Mohammed Al-Nahhal, Gaza Attorney General,

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its greetings to you. According to the monitoring and documentation of MUSAWA’s team in regards to bringing the defendants handcuffed before the magistrates and the panel in the courts of first instance, and remaining handcuffed until the end of the case proceeding in full view of the judge, MUSAWA expresses that this is a blatant violation of the guarantees to a fair trial. It also breaches the principle that the accused is innocent until proven guilty, infringes on the human dignity of the defendants, and violates the Penal Code, the rules and standards of Case Management, and the international covenants and conventions. Moreover, it affects the court’s impartiality, from breaching the rights of convicts, to treating the defendants as convicts in the first place, and spreading the culture of repression, fear, and coercion. This contradicts the provisions of articles (13) and (14) of the basic law and undermines the constitutional rights and principles guaranteeing the regulations of arrest and trial, and It falls under the umbrella of constitutional rights violation, which calls for both administrative and penal accountability.

MUSAWA’s team also documented that some judges issued arrest orders against defendants without their presence and in the absence of their representatives, which falls under the umbrella of a violation of the litigants’ rights, such as the right of defense and the right to seek redress in the judicial system.

We hereby note that MUSAWA already issued many memos regarding this topic, and warned that repeating it will fundamentally affect the citizens’ trust in the justice system. It is a shame to commit things like this once again, such as bringing juveniles before a court or a judge that is not competent to try them, locking them up in the same prison as the adults, and the overcrowding of prisons, which adversely affects the prestige of justice and the sense of security of those appearing before it. It also contradicts the axioms of case management regarding the mechanisms and procedures of case hearings.

Thus, we request that you closely examine this phenomenon, take legal measures to ensure its abolishment without return, hold the perpetrators accountable and keep us duly informed of your actions

With Respect,

13/06/2022

MUSAWA