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