The HJC announced the results of the recent poll concerning the citizen’s view of the judicial authority. The survey was prepared by the Arab World Center for Research and Development and the Netham Project. Those surveyed worked at various government, non-government, and media institutions.
Dr. Rafaiq Husseini, office manager for the President, said that if Palestinians want to assess the performance of the Executive or Legislative power, they can do that through the general election while assessment of the Judicial Authority's performance will need to use an alternative method like this questionnaire. He added, “The President supports the Judicial Authority infinitely. We need a just nation that holds all people accountable according to the law. Therefore, we decided to have three efficient, integrated, but completely independent powers, so each will check up on the other. Rule of law is not enough to develop the judiciary it will need other justice institutions like the Judicial Authority, general prosecution, Ministry of Justice, and the police.” He concluded, "If we had had an efficient and independent judiciary, the Palestinian situation wouldn't have gotten worse."
Chief Justice Issa Abu Sharar highlighted that the HJC did not interfere in the survey, being completely independent from the outcome. He called upon all the concerned parties to assist in transforming the poll's recommendations into policy recommendations that can be easily adopted by the HJC. He added, "in spite of the accomplishments, the judiciary cannot hope to progress without a convenient political, legal, and communal environment. Such an environment can only be reached by increasing the relationship of the prosecution, lawyers, and police with the HJC." Mr. Abu Sharar also called upon the Palestinian Presidency to endorse the General Amnesty Law and the Law of Court Formation. The endorsements won't allow the guilty to escape punishment or increase the cost, but it would rather contribute to reducing the case backlog and increase court efficiency.
Overview of Results: 1. Judges were among the most trustworthy, followed by court staff. The least
trusted were the lawyers and police. According to judges and lawyers, the
procedure of general prosecution, and the police are the least credible.
2. Court decisions have had a positive impression among the majority of
public people and 66 percent of individuals considered that the judgments
were just. However, such percentage decline 17 points to be 59% among
litigants.
3. Judges are mixed in their opinions about the HJC's performance. 66
percent of judges are satisfied, but the other third of judges were not. 81
percent of judges thought that the HJC complied with all the courts needs
at a high or fair level, but 16 percent were not content about the role of
HJC.
4. 11 percent of judges mentioned that they received some pressure from
lawyers and 10 percent stated that they personally felt pressured by the
HJC's members. 65 percent believed that they receive some pressure
from security institutions (at high or fair degree). However, none of the
court staff mentioned any kind of pressure, but 5% admitted that pressure
does exist in the courthouse.
5. Of those polled, all considered France and Italy to have the highest
amount of justice and integrity. United States of America was second.
6. 45 percent of lawyers believed that the government doesn't work towards
maintaining the independence of judiciary.
7. 71 percent of judges said they trust lawyers (68% fairly and 3% highly),
and 29 percent do not trust them.
8. The criteria for judicial inspection has only been established less than a
year, however, 23 percent of lawyers consider the criteria sufficient for
controlling the performance of judges, while 69 percent consider it
inadequate. 45 percent of lawyers believe that the current system
influences the independence of the judiciary.
9. The backlog of cases and long trials are problems the Palestinian
Judiciary faces. According the litigants polled, 56 percent believed thatthe
judge is the main cause, 39 percent blamed it on the absence of
witnesses, and 36 percent thought that it was related to the inefficiency of
the summons process.
10. 44 percent of litigants admitted that they have little knowledge about
court procedures and only 52 percent of people were able to defend
themselves in court.
11. Overall, lawyers feel that judges respect them. 29 percent of lawyers
believed that judges respect them greatly, while 56 percent said they
were given fair treatment, and 11 percent of lawyers felt that judges
showed them little respect.
12. 33 percent of lawyers felt that judges are highly biased towards some
lawyers, 40 percent believed they are somewhat biased and 14 percent
believed that they show little bias.
13. The survey also showed that some issues within the court must be
immediately taken care of. Such as the cleanliness of the courts,
organizing files in rows, and response and follow-up of complaints. 43
percent of litigants expressed that there was a big gap in the efficiency
of the courts, while 40 percent felt that the attitude of staff towards
litigants needed to be improved.
14. 73 percent of employees believe that there is bias in the process of
recruiting staff, while 58 percent think there is bias in promotion. 58
percent of employees felt that the judges respected them, while 73
percent, felt that judges are biased
