2018-09-23

Ramallah

West Bank

His Excellency Attorney General, the Honorable Dr. Ahmad Barrak

Subject: MUSAWA's Monitoring Report of the Written Exam for hiring Prosecution Assistants

The Palestinian Center for the Independence of the Judiciary and the Legal Profession –MUSAWA- extends its warmest greetings to your Excellency; and expresses its gratitude for your letter, documented on September 16, 2018, note no. 5351, which includes an invitation to participate as an observer member in the committee of hiring prosecution assistants and an invitation to participate in monitoring the written exam of the participants, which was held on September 22^nd, 2018, between 10 AM and  1 PM, at al-Bireh Secondary Girls and al-Bireh New Secondary Girls School. In response to your letter, MUSAWA nominated four of its staff members to monitor the exam: Adv. Shurooq Abu-Qare' the Legal Awareness and Training Officer, Ms. Ruba Bakeer, Monitoring and Evaluation Officer (al- Bireh New Secondary Girls School), Adv. Angham Mansour, the Legal Monitoring Officer, and Ms. Zainab Samara, Translation & Media Officer (al-Bireh Secondary Girls School). MUSAWA’s team monitored the exam’s halls and attended from the beginning to the end. 

MUSAWA’s team visited 15 halls in the first school and 17 ones in the second.  In each hall, there were two observers at least, one represents the Public Prosecution and the other represents the Palestinian Bar Association. In General, the exam’s atmosphere was disciplined, calm, and comfortable, and MUSAWA’s team did not record any major problems, or cheating attempts, or any arguing. Furthermore, MUSAWA’s team was treated positively.  The exam started and ended as scheduled with the exception of some halls where there was a little delay in starting but this delay was compensated at the end of the exam. 

 MUSAWA appreciates the Public Prosecution’s efforts to sustain the positive climate during the exam. However, based on its care to ensure repeating this experience but in a better manner, MUSAWA would like to present to your Excellency, some of the remarks that its monitoring team recorded that were mentioned to the representatives of the Public Prosecution who invigilated the exam’s halls: 

- Al-Bireh Secondary Girls School

1.    There were two semi-dark halls in the grand floor whereas the lightning and ventilation in the other halls were different. When one of MUSAWA’s team brought this point to the attention of the hall's president, he replied that vision is possible and that is what matters.

2.    The answers notebooks (Grand Floor- Hall 4) were not signed nor were the names covered before putting them in the folders.  When MUSAWA’s team brought this point to the attention of the hall observers, the answer was that they are going to sign them and cover the names later on without explaining the way and the place for closing the notebooks or who is going to do it.

- Al-Bireh New Secondary Girls School

1-    Some questions were raised by examinees in some of the halls and although that did not cause any disruption or clear violation, yet, it would have been better if the questions were asked in a loud voice and so it could be heard by all examinees and so the answers. 

2-    The halls observers received a dissemination to sign the exam paper and to hide the name without stapling the name page, which means that the answers notebooks were filed without being closed properly.

Recommendations

1-    To ensure that the answering notebooks are properly closed before starting the marking process, taking into consideration the importance of making sure that no marks of differentiating signs are put during the process of closing the answering notebooks; and to adopt a mechanism of closing answering notebooks, in the future, before transferring them out of the halls and ensure that none of the marking team members would be able to see the answering notebooks before closing them. 

2-    To disseminate the importance of banning raising questions or individual talk between the observers on one hand and the examinees on the other but out loud, in case there is a need, to divert suspicions and generalize the benefit among all. 

3-   Take into consideration the necessity to ensure that the halls have the basic needed conditions regarding lightning and appropriate ventilation for all examinees. 

With due respect, we think that the previously mentioned are the notes that needed to be shared with your Excellency hoping that you will kindly take the legal action that ensures the process of the marking would take place duly and the members of the marking team would not be able to identify the identity of any examinee. 

Issued on 23/9/2018

Legal Monitoring Officer

Adv. Angham Mansour