PROBLEMS IN PALESTINIAN JUSTICE SYSTEM LEAD TO

UNCLAS JERUSALEM 004774

SIPDIS

SENSITIVE
SIPDIS

NEA FOR FRONT OFFICE; PASS TO NSC FOR ABRAMS/DORAN/WATERS

E.O. 12958: N/A
TAGS: PGOV PHUM KPAL KWBG KDEM
SUBJECT: PROBLEMS IN PALESTINIAN JUSTICE SYSTEM LEAD TO
BACKUP IN CASES

REF: JERUSALEM 04696


1. (SBU) SUMMARY: THE PALESTINIAN JUSTICE SYSTEM SUFFERS
FROM A SEVERE SHORTAGE IN THE NUMBER OF JUDGES, WHICH HAS LED
TO SIGNIFICANT DELAYS IN PROCESSING CRIMINAL CASES, ACCORDING
TO ISSA ABU SHARAR, THE CHIEF JUSTICE OF THE PALESTINIAN
HIGHER JUDICIARY COUNCIL. THE BACKUP OF CASES HAS IMPACTED
THOUSANDS OF ACCUSED, INCLUDING SEVERAL AMERICAN CITIZENS
(REFTEL). SHARAR SAYS THE SHORTAGE OF JUDGES IS COMPOUNDED
BY THE ISRAELI OCCUPATION, AND, ESPECIALLY IN GAZA, BY CHAOS
AND LAWLESSNESS. END SUMMARY.

WEST BANK: SHORTAGE OF JUDGES
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2. (SBU) CONGEN AND USAID REPS MET WITH ISSA ABU SHARAR, THE
CHIEF JUSTICE OF THE HIGH COURT AND THE PALESTINIAN HIGHER
JUDICIARY COUNCIL (THE BODY CHARGED WITH ADMINISTERING THE
PALESTINIAN COURT SYSTEM). ABU SHARAR, WHO BECAME CHIEF OF
THE HIGHER JUDICIARY COUNCIL IN SEPTEMBER 2005, SAID THE
JUDICIARY'S MAIN CHALLENGE IN THE WEST BANK IS A SEVERE
SHORTAGE OF JUDGES. HE ATTRIBUTED THE SHORTAGE PRIMARILY TO
INADEQUATE FINANCIAL RESOURCES THAT HE SAID WAS EXACERBATED
AFTER THE JANUARY PLC ELECTIONS, AND ARGUED THAT THE
PALESTINIAN JUDICIAL SYSTEM NEEDS AN INDEPENDENT BUDGET. ABU
SHARAR TOLD CONGEN REPS THAT DUE TO THE SHORTAGE, PALESTINIAN
COURTS CURRENTLY HEAR ONLY EMERGENCY CASES, AND THERE IS A
BACKLOG OF 3263 FELONY CASES IN THE WEST BANK.

GAZA: CHAOS AND LAWLESSNESS
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3. (SBU) ABU SHARAR SAID THERE IS A BACKLOG OF 2591 FELONY
CASES IN GAZA. HE ADDED, HOWEVER, THAT THERE IS NO SHORTAGE
OF JUDGES IN GAZA. THE BACKUP THERE RESULTS FROM LAWLESSNESS
AND CHAOS. HE SAID THE POLICE AND THE COURTS SIMPLY ARE NOT
DOING THEIR JOBS. ABU SHARAR TOLD CONGEN REPS THAT THE
COMBINED FELONY AND MISDEMEANOR BACKLOG IN BOTH GAZA AND THE
WEST BANK IS MORE THAN 70,000 CASES.

OCCUPATION HINDERS JUSTICE
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4. (SBU) ACCORDING TO ABU SHARAR, THE ISRAELI OCCUPATION
ALSO UNDERMINES THE PALESTINIAN JUSTICE SYSTEM. HE NOTED
THAT WEST BANK CHECKPOINTS AND CLOSURES MAKE IT DIFFICULT FOR
JUDGES TO MOVE. ABU SHARAR ALSO SAID IN SOME CASES
DEFENDANTS SHOULD BE MOVED FROM ONE LOCATION TO ANOTHER FOR
THEIR OWN SAFETY, BUT OBSTACLES TO MOVEMENT MAKE THESE
TRANSFERS DIFFICULT OR IMPOSSIBLE. (NOTE: ABU SHARAR'S
REFERENCE TO THE NEED TO TRANSFER PRISONERS FOR THEIR OWN
SAFETY COMES IN THE CONTEXT OF INCIDENTS WHERE FAMILIES HAVE
BROKE INTO PRISONS AND KILLED PRISONERS TO AVENGE ALLEGED
CRIMES.) ABU SHARAR ALSO POINTED OUT THAT THE IDF HAS
DESTROYED MANY OF THE PALESTINIAN WEST BANK PRISONS,
INCLUDING THE PRISON IN JERICHO IN MARCH 2006. HE SAID THE
SHORTAGE OF PRISON FACILITIES HAS LED IN SOME CASES TO
DEFENDANTS BEING RELEASED INSTEAD OF BEING HELD FOR TRIAL.
ABU SHARAR CLAIMED THAT ALL OF THESE FACTORS HAVE RESULTED IN
A JUSTICE SYSTEM THAT "IS BARELY FUNCTIONING."

STEPS FORWARD?
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5. (SBU) ABU SHARAR OFFERED THAT A PARTIAL SOLUTION TO THE
PALESTINIAN JUDICIARY PROBLEM WOULD BE TO TRAIN AND HIRE NEW
JUDGES AND SAID HE HAD BEGUN THIS PROCESS A YEAR AGO. HE
EXPLAINED THAT IN EARLY 2006, THE HIGHER JUDICIAL COUNCIL HAD
INCREASED THE NUMBER OF JUDGES IN FOUR MAJOR WEST BANK
CITIES. UNFORTUNATELY, ABU SHARAR ADDED, THAT EFFORT WAS
HALTED WHEN THE PA WENT ON STRIKE IN SEPTEMBER. ABU SHARAR
ALSO STRESSED THE IMPORTANCE OF TRAINING JUDGES. HE INSISTED
THAT HE WANTS TO IMPROVE THE JUDICIARY AND HAS PLANS TO
CREATE AN ARBITRATION SYSTEM, TRAIN JUDGES IN JUDICIAL
INSPECTION, AND TRAIN AND PROMOTE COMPETENT JUDGES, IF THE
RESOURCES BECOME AVAILABLE
WALLES