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Judicial authority Issues the First Performance Report During State of Emergency  


4/6/2020

 

-       The persistence of minimal official working hours in courts to protect public rights and freedoms

-       Regular courts consider 5745 applications, files and cases during the first month of state of emergency

-       Forming the Judicial Authority Emergency Committee to take decisions in accordance to updates

Ramallah- -The Transitional High Judicial Council has issued the first performance report of Judicial Authority, since the day of announcing of state of emergency in Palestine on March 5th 2020. During the current situations, the priority is to maintain public rights and freedoms, and to ensure respect and protection for human rights. In addition to several decisions and precautionary measures to reduce the spread of Coronavirus "COVID 19" in Palestine.

After announcing of the first case of Coronavirus infection in Bethlehem Governorate, the Transitional High Judicial Council held an emergency meeting on March 8th 2020 where several decisions had been made; knowing that Transitional High Judicial Council has mandated its Chief Justice Chancellor Issa Abu Sharar to take measures to ensure the spinning of Judicial authority circle and carrying out its constitutional duties during the current circumstances.

Chancellor Abu Sharar issued a decision to form an emergency committee chair by H.E.; the committee was tasked to lay down procedures and policies that ensure daily handling with the state of emergency effectively, and to communicate with all departments and presidents of courts, in addition to national institutions and international actors. 

The Judicial Authority Emergency Committee held several meetings according to the latest updates in field case and to the plan of Coronavirus pandemic spreading in Palestine. Several decisions have been made for the purpose of preserving the minimal official working hours in regular courts while strictly observing the instructions of the Ministry of Health aimed at preventing the spread of the virus.

The regular courts are working according to shift-system and subjected to a continuous evaluation process; knowing that the presidents of courts were tasked compatibility with prosecution in different governorates to identify weekly working days to guarantee ongoing of case disposal for detention cases, requests for release, in additions to requests of release and retreat of sequestration orders in execution cases.

During the state of emergency, High Judicial Council has been working to secure all requirements related to the prevention of Coronavirus, for all staff of judiciary, especially those dealing with the public, as the court buildings are also subjected to periodic sterilization.

As a result of the widespread of the Coronavirus pandemic, on March 19th 2020 Chancellor Issa Abu Sharar decided that every judge attends the court of his/ her province where he/ she resides, and according to the advance prepared shift-system, with exceptions must be given to interest of work.

The implementation of this mobility stared on next Monday March 23rd 2020, and it should remain in in force until April 15th 2020. During this period, 3 judges will attend each court in addition to the president of the court, to consider urgent cases that cannot be delayed; knowing that that women judges are exempt from work unless it is absolutely necessary.

According to these decisions, the daily work in judicial departments and public administrations in judicial authority will be for administrative staff in line with state of emergency and with ing the movement of staff between governorates, exceptional cases are minimized. Accordingly, Chancellor Abu Sharar instructed the presidents of the courts and the directors of judicial departments to exempt female employees, especially mothers, from shift- system that was organized for work unless it is absolutely necessary.

The daily working hours in regular courts will be until 13;00 pm, and according to the procedures followed in front of each court building to protect the safety of judges, members of the Public Prosecution, administrative staff, lawyers, and police personnel.

During state of emergency, the period between March 5th 2020 and April 5th 2020, the Magistrate Courts in the northern governorates considered 325 detention cases, while First Instance courts extended the detention of 82 persons. The total number of requests for release that were considered by the Magistrate Courts during the same period was 1415 applications, and 1028 requests for release in First Instance courts.

In execution cases, the total number of requests for release was 845, and 1,332 retreat of sequestration orders.

During the same period, a total of 718 criminal cases were filed, among them 10 were filed in Bethlehem Court, which continued to operate under force majeure. Ramallah and Al-Bireh Governorate Court recorded 28% of the total criminal cases that were filed during the above mentioned period, and the number of filed cases was 203.

Chief Justice Chancellor Issa Abu Sharar, prepared a draft decree law on amending the Execution Law No. (23) of 2005, so as to postpone the imprisonment of those convicted of a civil debt, and to be released and prevented from traveling, until the state of emergency ends.

Chancellor Issa Abu Sharar also adopted a joint memorandum with a number of relevant parties, to maintain the primary role of the judiciary in protecting public rights and freedoms during the state of emergency, not to mention taking into account procedures and measures to reduce the spread of Coronavirus "COVID 19".

The memorandum came under the auspices of the United Nations Office for Human Rights, it composed of: High Judicial Council, Public Prosecution, Ministry of Justice, Bar Association, in addition to Independent Commission for Human Rights (ICHR).