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 -------------- ¶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 -------------- ¶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 -------------- ¶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? -------------- ¶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