CHIEF JUSTICE ON CASE BACKLOG AND JUDICIAL SYSTEM

C O N F I D E N T I A L JERUSALEM 002415 SIPDIS SIPDIS NEA FOR FRONT OFFICE. NSC FOR ABRAMS/SINGH/WATERS E.O. 12958: DECL: 11/20/2017 TAGS: KWBG PGOV PREL PTER PHUM KPAL IS SUBJECT: CHIEF JUSTICE ON CASE BACKLOG AND JUDICIAL SYSTEM Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d) ¶1. (C) Summary. In a November 13 meetings with PolChief, Chief Justice of the High Judicial Council (HJC) Issa Abu Sharar said the significant case backlog in the Palestinian justice system derives from too few judges; inadequate training for judges; and movement restrictions that impede judges, police, and detainees from reaching courts. Abu Sharar said the HJC will try to alleviate these problems, create an arbitration system and improve court administrative and financial systems in 2008. Abu Sharar said he has "partial control" in Gaza, but two parallel legal systems are developing - the Hamas judicial system and the weakened-PA system. End Summary. HJC Faces Heavy Case Backlog and Long-term Problems -------------- ¶2. (C) On November 13, Abu Sharar told PolChief that, as of September 30, there is a backlog of 54,103 civil cases and 3,900 criminal cases facing sentences of three years or more in the West Bank. He said the HJC is trying to address the backlog and in 2007 completed 100 percent of the 2007 caseload and 18 percent of the previous backlog. He blamed the backlog on too few judges and inadequate skills and training for judges. He added that obstacles to access and movement in the West Bank negatively impact judges who may not be able to reach the courts and make it difficult to transport detainees and suspects. "We have no control in the West Bank over movement of our judges and prisoners," said Abu Sharar. ¶3. (C) Abu Sharar said the draft budget submitted by the HJC to the Prime Minister via the Ministry of Planning for 2008 would address the shortage of judges and include training for current judges. He noted that PM Salam Fayyad supports this plan and 200 new hires are earmarked for 2008. He added, however, that the pool of qualified applicants is limited and the shortage of judges is a long-term problem. Abu Sharar said the HJC wants to improve courts' administrative and financial systems and also expand the number of detention facilities for women and correctional facilities for youth. He identified arbitration as an alternative mechanism that would make the judicial system more efficient. ¶4. (C) Abu Sharar noted that the current PA judicial system is inadequate to deal with serious corruption cases, because it cannot conduct serious investigations, has not efficient prosecution, and has no Israeli-style "fraud police." He added that bringing a high-profile corruption case to court would benefit the justice system, because "We need accountability and we need a process that shows Palestinians the PA is transparent." Chief Justice: Limited Control in Gaza -------------- ¶5. (C) Abu Sharar said he speaks with PA judges in Gaza on a daily basis and has "partial control." He added, however, that Gaza has no PA prosecutors, only Hamas prosecutors. He said courts in Gaza are considering civil cases, including property disputes and business transactions, but not criminal cases. He said that Hamas has one judge in each court and they only address only civil cases. He added that Hamas members take cases to their own judges, which results in two parallel legal systems: the Hamas judicial system and the weakened-PA system. He said he believes Hamas benefits from the new system by charging extra court fees and fines. WALLES