Publication of judgments in absentia requires accountability, compensation, and dismissal from office, and contradicts the fight against corruption because it falls under its umbrella

2021-08-26

West Bank

West Bank / Core Program / position paper

Publication of judgments in absentia entails accountability, compensation, and dismissal from office, and contradicts the fight against corruption because it falls under its umbrella.

MUSAWA - The Palestinian Center for the Independence of the Judiciary and the Legal Center expresses its deep resenting with the publication by some people of what they called a ruling issued by the Corruption Crimes Court, and what they claimed that the aforementioned ruling included the conviction of a citizen of the crime of Breach of Trust as one of the crimes falling under the umbrella of crimes of corruption. Despite the disclosure of their purpose and objectives in publishing, what they have done is in turn subject to accountability and in turn falls under the umbrella of corruption crimes, especially if its publishers or some of them are government employees, given that non-compliance with the duties of the job is considered a corruption crime according to the explicit anti-corruption law. It is obvious that the judgment in absentia is not a final judgment, or a judgment acquired to a peremptory degree, or a judgment that is not subject to appeal, which makes its publication including the name of the accused an act requiring accountability, compensation and dismissal from the job if the publisher is a public servant, because the publication represents a violation of personal and family reputation, and a violation of human dignity, necessitating the trial, accountability and compensation, regardless of the subject matter of the judgment, and whatever the accusation, as well as what includes publication under the umbrella of electronic crimes, which requires combating it for its flagrant defiance from the right to express an opinion or expression or criticism of public performance, which is a constitutional right guaranteed by the provisions of the Basic Law and international covenants.

In addition to our condemnation of this act of publication, we call on the competent authorities, foremost of which is the Anti-Corruption Commission itself and the Public Prosecution, to take the legal requirement, conduct a transparent professional investigation with the publishers of the verdict with the name of the accused included, and refer them to criminal and administrative accountability, and guarantee the right of the accused, the citizen, whose name was included in the verdict while the findings of the investigation and the measures taken are duly announced to the public without the need to mention the names of the accused in the publication.

Issued on: 26/08/2021

MUSAWA

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