WEST BANK ATTORNEYS ON JUDICIAL REFORM

C O N F I D E N T I A L JERUSALEM 000587

SIPDIS

SIPDIS

NEA FOR FRONT OFFICE. NSC FOR ABRAMS/SINGH/PASCUAL

E.O. 12958: DECL: 04/04/2018
TAGS: KWBG PGOV PREL PTER PHUM KPAL IS
SUBJECT: WEST BANK ATTORNEYS ON JUDICIAL REFORM

Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d)


1. (C) Summary. West Bank attorneys and International
Committee of the Red Cross (ICRC) delegate Bjorn Rahm told
Poloff that reform of the Palestinian judicial sector must
tackle case backlog, train judges, and improve court
administration and services to the public. Attorney Loubna
Katbeh told POLOFF February 13 that the justice system needs
an "overhaul." Rahm said February 20 that courts are
understaffed and trials frequently postponed, because West
Bank checkpoints prevent access to courts. USAID contractor
Nabil Isifan told POLOFF March 11 that attorneys who do not
show up to court to delay cases purposely face no penalties.
West Bank attorneys expressed concern that Palestinians have
little confidence in the legal system and said establishing a
judicial police force will help courts enforce their
decisions. End Summary.

Case Backlog and Trial Delays
--------------


2. (C) Loubna Katbeh, an attorney at Ramallah's Equity Legal
Group, told POLOFF February 13 that the Palestinian justice
system needs an "overhaul." Of the thousands of backlogged
cases, she said some 6,000 are for traffic violations. She
suggested introducing specialized traffic, landlord-tenant,
commercial, and emergency hearing courts to deal with the
backlog in these areas. International Committee of the Red
Cross (ICRC) delegate Bjorn Rahm briefed POLOFF February 20
on ICRC's Judicial Guarantees report, noting that West Bank
trials are frequently postponed, because checkpoints prevent
judges, attorneys, witnesses, police, and defendants from
reaching courts. Rahm also said trials are delayed, because
there is no proper system to appoint public defenders,
sometimes leaving Palestinians in prison for years. Rahm
added that courts are understaffed and overscheduled and
files are frequently misplaced. Nabil Isifan, Chief of Party
of USAID's Netham Rule of Law Program, told POLOFF March 11
that some lawyers do not show up at court to delay cases
intentionally, which increases the case backlog, and the Bar
Association does not penalize them.

"Good Lawyers Never Become Judges"
--------------


3. (C) Katbeh said "good lawyers in the West Bank never
become judges" because the salary is low, the caseload heavy,
and security a concern. Rania al-Jaber, an attorney at
Ittqan Law Office in Ramallah, told POLOFF February 13 that
she goes to arbitration immediately, if possible, to avoid
dealing with judges. She stressed the need to train judges,
citing their lack of expertise on intellectual property
rights and securities and corporate law. She welcomed the
Chief Justice's recent appointment of two dozen new judges as
a positive step.

Visible Law and Order and
Comprehensive Legal Reform Needed
--------------


4. (C) Maher Hanania, an attorney at Equity Legal Group ,
told POLOFF February 13 that improving law and order is
necessary to demonstrate to Palestinians that the PA is
working to improve their safety and security. To start, he
suggested publishing new laws in the newspaper. He said new
regulatory laws need to break telephone, water and electric
company monopolies and decrease costs of those services.
Hanania added that a weak police force means judicial
decisions and court orders are not enforced and said a
judicial police force is needed. Citing property disputes as
an example, he said police do not enforce court orders to
evict tenants and collect fines. (Note: Former Police Chief
Kamal al-Shaykh told POLOFF March 20 that the first judicial
police headquarters will open April 1, and this force will
fall under the Police Chief's supervision and the Ministry of
Justice's jurisdiction. End Note)


5. (C) Isifan told POLOFF March 11 that the PA has no
national judicial reform strategy and Palestinians have
little confidence in the judicial system. He said Abu Mazen
demonstrates clear respect for judicial independence, but not
enough leadership to successfully effect reform. Isifan
criticized Chief Justice of the High Judicial Council Issa
Abu Sharar's "one man show" and his poor coordination with
the Attorney General and Minister of Justice.

WALLES