2023-02-26

West bank

West Bank

Mr. Hasan Sharaka, Head of the internal control and complaints unit in the Palestinian Land and Water Settlement Commission,

Subject: The Violations and Shortcomings affect the desired result of the land settlement and infringe on the citizens’ rights

This must be addressed immediately without delay.

MUSAWA-The Palestinian Center for the Independence of the Judiciary and the Legal Profession, extends its best greetings and expresses that the violations and shortcomings should be addressed immediately, especially since they are mostly caused by a lack of qualified human resources and administrative assistance.

We have no doubt that you are aware of the lengthy litigation procedures for land settlement disputes as a result of the severe shortage of judges and the increasing number of disputes presented before them. This forced them to postpone the sessions designated to hear these disputes for an average of 8 months, indicating that there is an imbalance between the number of judges and the number of disputes they have to hear and adjudicate. This is a huge and dangerous imbalance, made worse by a lack of administrative personnel to assist the judges. Not only is there a shortage of staff, but they are also unqualified and unfamiliar with court work. There is also a shortage of bailiffs, who are also unqualified to carry out their duties, such as serving summons, and these summonses often end up declared void due to the bailiffs' incompetence.

MUSAWA points out that the shortage in human resources such as judges, administrative staff, and bailiffs is not the only reason behind the settlement courts’ failure to fulfill its duties and achieve the national settlement plan, but is rather due to the courts’ buildings being inadequate and small, which is not enough to accommodate the number of visitors and litigants in the court. It is also not up to health standards, in addition to not being handicap accessible, which renders these buildings inadequate. There is also no proper archive for the files, and no digital copies of case materials and written documents, meaning that if any document is lost, or taken out of the file, then there is no way to get a copy of it, which seriously affects the trial outcome.

With all due respect to the settlement court judges, the criteria for appointing them as settlement judges do not ensure that qualified judges who are conversant and familiar with the land and settlement laws, as well as the relevant jurisprudence and doctrines, are appointed.

Furthermore, the abundance of settlement court judges and the lack of efficient coordination between the High Judicial Council and your esteemed commission revealed the invalidity of the High Judicial Council's assignment of judges, because it clearly violates the texts of the in-force Settlement law, which entrusts the assignment of judges to the minister of justice rather than the High Judicial Council.

Additionally, the staff at the settlement offices are unqualified and unfamiliar with land and settlement laws and procedures, forcing citizens to file objections that could have all been avoided and dealt with properly by qualified staff.

Respected sir, we believe that a professional and practical examination of the infractions and shortcomings detailed in our memo will reveal that the reason for the time-consuming and lengthy procedures, disruption of settlement processes, infringement on citizens' rights, and delay in carrying out the national settlement plan of the country's lands in a legal, fair, and transparent manner is due to shortage in the human and administrative structure that implements such legislations. There is a solution to all of this, as we would like to point out that the financial burdens of providing the necessary human and administrative structure are now fully covered and paid for by citizens through the court fees schedule used in the settlement courts, not to mention the international support intended to achieve the settlement as announced in the national settlement plan.

Thus, we request that you carefully examine the details of this memo, and address the issues therein in a manner that ensures the provision of the much-needed human and administrative structure capable of faithfully implementing the national plan to achieve a settlement for all of the country’s lands to protect citizens' rights and combat the occupation. This also bolsters public trust in the court and the credibility of those in charge, which requires your esteemed commission to communicate with the relevant official bodies and the high judicial council to immediately address these violations and shortcomings. As a result, the long delay and postponement of cases is over, citizens enjoy a sense of remedy and justice, and settlement of the country's lands is achieved. Therefore, we hope that you inform us of the measures taken by you to resolve this crisis in a legal, professional, and fair manner as fast as possible.

Sincerely,

MUSAWA

26/02/2023