HAMAS STRENGTHENS GRIP ON GAZA JUDICIAL SYSTEM

C O N F I D E N T I A L JERUSALEM 002468 SIPDIS SIPDIS NEA FOR FRONT OFFICE. NSC FOR ABRAMS/SINGH E.O. 12958: DECL: 12/04/2017 TAGS: KWBG PGOV PREL PTER PHUM KPAL IS SUBJECT: HAMAS STRENGTHENS GRIP ON GAZA JUDICIAL SYSTEM Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d) ¶1. (C) Summary. Since the June takeover of Gaza, Hamas has strengthened its control of the Gaza judicial system by taking over courthouses and appointing its own High Judicial Council, Chief Justice, and Attorney General. On November 26, Hamas took control of Gaza City's Judicial Compound, which houses the Gaza Magistrate Court, Attorney General's office, and Office of the Prosecutor. The PA Ministry of Justice, Chief Justice, and Attorney General condemned the move, and the Gaza Judges Council and Palestinian Bar Association called for the suspension of all court cases in Gaza. End Summary. Hamas Creates Parallel Judicial System -------------- ¶2. (C) Since taking over Gaza in June, Hamas has strengthened its control of the Gaza judiciary by creating a judicial system parallel to the PA system. In October, former Hamas PM Ismail Hanniyeh named Hamas member Abd al-Raouf Halabi as "Chief Justice" and appointed seven judges as a "High Judicial Council." In August, after PA public prosecutors suspended all work on Gaza criminal cases, Hanniyeh appointed Hamas member Ismail Jaber as "Attorney General" and named eight prosecutors and 20 assistant prosecutors. The PA judicial establishment condemned Hamas' actions in Gaza, and PA Chief Justice of the High Judicial Council Issa Abu Sharar told press, "Hamas has no right to take any steps related to the judiciary, and any such steps taken are illegal and in violation of the judiciary's authorities." Hamas Takes Control of Judicial Compound -------------- ¶3. (C) On November 26, USAID's Gaza-based partner DPK Consulting reported that Hamas militants entered the Judicial Compound in Gaza City in search of PA Attorney General Ahmad al-Mughani. Al-Mughani was in Jordan at the time, but Hamas took over the compound, which houses the Gaza Magistrate Court, the Attorney General's office, and the Office of the Prosecutor and required all personnel to leave the premises after registering their names, ID numbers, and addresses. Al-Mughani issued a statement condemning the attacks and calling the parallel Hamas judicial system "unconstitutional." PA Judges and Lawyers Boycott Gaza Courts -------------- ¶4. (C) The Gaza Judges Council agreed on November 27 to suspend all work at Gaza civil courts. In a press release, the judges stated that the suspension of work is based on the PA Basic Law, Independent Judiciary Law, and Court Law, which do not recognize Hamas' judicial system in Gaza. Also on November 27, PA Minister of Justice Khashan, Chief Justice Abu Sharar, and Attorney General al-Mughani issued a statement stressing that the judicial system must be "politically neutral" and that continued attacks by Hamas will only undermine Palestinian institutions. They called on the Palestinian Bar Association and civil society organizations to defend "judiciary dignity and independence in Palestine." On December 2, the Bar Association said the Hamas-controlled judicial system in Gaza is illegal and announced a boycott of all Gaza courts. The Bar Association also threatened to punish lawyers who do not participate in the boycott by suspending their licenses. (Note: The Bar Association includes 11 Fatah members, three Hamas, and one PFLP. Nine members reside in the West Bank and six in Gaza. End Note). WALLES