CHIEF JUSTICE, ATTORNEY GENERAL, AND JUSTICE

C O N F I D E N T I A L SECTION 01 OF 02 JERUSALEM 000750 SIPDIS SIPDIS NEA FOR FRONT OFFICE. NSC FOR ABRAMS/SINGH/PASCUAL E.O. 12958: DECL: 05/02/2018 TAGS: KWBG PGOV PREL PTER PHUM IS SUBJECT: CHIEF JUSTICE, ATTORNEY GENERAL, AND JUSTICE MINISTER ON JENIN, JUSTICE SECTOR FRAMEWORK, AND JUDICIAL INSTITUTE REF: A. JERUSALEM 700 ¶B. JERUSALEM 587 ¶C. JERUSALEM 497 Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d) ¶1. (C) Summary. Chief Justice (CJ) of the Supreme Judicial Council (SJC) Issa Abu Sharar, Attorney General (AG) Ahmad al-Mughani, and Justice Minister (MoJ) Ali Khashan told Poloff and USAID on April 30 that 40 Judicial Police officers will be deployed to Jenin on May 3 to deal with the 6,500 pending criminal cases in that governorate. CJ Abu Sharar said he expects most major felony and high-level security cases in Jenin to be heard at the Jenin courthouse, which will open in June, rather than Jericho. On May 21, the CJ, AG, and MoJ will sign a "2008-2010 Governing Framework" for the justice sector which stresses judicial independence and the need to eliminate duplication of roles. CJ Abu Sharar said the SJC nominated Judge Assad Mubarak to serve as the Judicial Training Institute's (JTI) new director and expects PM Salam Fayyad to approve his nomination. End Summary. Judicial Police Deploy to Jenin -------------- ¶2. (C) Chief Justice (CJ) of the Supreme Judicial Council (SJC) Issa Abu Sharar, Attorney General (AG) Ahmad al-Mughani, and Justice Minister (MoJ) Ali Khashan told Poloff and USAID on April 30 that there are 30,000 felony and misdemeanor cases pending in the West Bank, some over ten years old, that require judicial enforcement. MoJ Khashan said 40 Judicial Police officers will be deployed to Jenin on May 3 to deal with the 6,500 pending cases in that governorate. MoJ Khashan said that criminals in Jenin with outstanding warrants were given two weeks to turn themselves in. He added that he expects the Judicial Police to resolve 1,000 cases in Jenin by mid-May by making arrests and collecting outstanding fines but noted that the Jenin Judicial Police force lack resources and will share six vehicles with the PA Police. (Note: The Judicial Police fall under the PA Police Chief's administration but their work priorities are set by the MoJ. End Note). MoJ Khashan said the Ministry of Justice cooperated closely with the Ministry of Interior and PA Police during the Nablus deployment, but worked mostly behind the scenes. In contrast, he plans for a more public MoJ role for the Jenin operation. MoJ Khashan noted that Judicial Police officers will also start work in Ramallah in mid-May where 7,000 cases are pending. ¶3. (C) AG al-Mughani said PASF will need logistical support and GoI coordination to succeed in Jenin. He added that the PASF and Judicial Police arrest campaign could strain Jenin's small detention facility. Azmi Shuwaibi, Secretary General of Aman Coalition (a legal NGO consortium),said the PASF deployment to Nablus in November was positive and the Nablus model should be adapted to Jenin. He suggested the Jenin operation also focus on rule of law so Palestinians witness the strengthening of judges and courts in addition to police. Jenin Courthouse to Open in June -------------- ¶4. (C) CJ Abu Sharar said he expects the new Jenin courthouse to open in June. (Note: This courthouse was funded by the Japanese and built by UNDP. End Note). He said there is a shortage of judges in Jenin and that many serious felony cases remain pending since the start of the second intifada. Abu Sharar said the new courthouse will allow most major felony and high-level security cases to be heard in the first instance in Jenin, not Jericho (ref C). (Note: The Jericho court is one of the eight courts of first instance in the West Bank and only a presidential decree could change it to a major criminal court. The Criminal Procedures Law, however, permits the reassignment of cases to other courts. End Note). He said if the AG motions for a change of venue, the panel of judges assigned to the case will decide whether to transfer the case to Jericho. Abu Sharar said such transfers will be made on a case-by-case basis, but expects most judges will not to transfer cases to Jericho due to obstacles to access and movement that hinder movement of police, judges, attorneys, witnesses and defendants. AG al-Mughani added that transfer of cases takes a long time and slows the judicial process. He cited the example of a recent case, transferred from Hebron to Ramallah, that is stalled because the key witness has not received GoI permission to travel. Justice Sector Governing Framework JERUSALEM 00000750 002 OF 002 -------------- ¶5. (C) On May 21, the CJ, AG, and MoJ will hold "Justice Day" in the West Bank and sign a "2008-2010 Governing Framework" for the justice sector. According to a draft copy obtained by Post, the framework stresses the importance of judicial independence and the need to "strengthen complementary relations between the CJ, AG and MoJ, bridge any gaps, and eliminate the duplication of roles." The framework also states the need to secure fair and speedy trials by developing a case management system, establishing a full Judicial Police force, improving the court notification system and inspection department, and establishing a court administration department. CJ Abu Sharar, AG al-Mughani and MoJ Khashan told Poloff and USAID they will promote two messages on "Justice Day:" (1) judicial independence and (2) the equality of all Palestinians. Nabil Isifan, Chief of Party of USAID Netham Rule of Law Program, said the PA will target 1,500 West Bank schools with Rule of Law programming and send all Jawwal subscribers SMS messages conveying these points. SJC Nominates Director for Judicial Training Institute -------------- ¶6. (C) CJ Abu Sharar said the SJC nominated SJC Judge Assad Mubarak to serve as director of the Judicial Training Institute's (JTI),located on the first floor of the MoJ building with USAID-funded renovation and furnishing. He expects PM Salam Fayyad to approve Mubarak's nomination on May 15 and the JTI Board of Directors to hold its first meeting on May 16. The Board will subsequently draft by-laws and submit its budget to the PA Cabinet. Abu Sharar said training of judges will begin during the summer of 2008 and by October the institute will be fully functioning. CJ Abu Sharar said he hopes to use the institute as a tool "to upgrade the quality of judges and prosecutors and to start a policy of continuous training for the judicial sector." He plans to encourage cooperation between SJC judges and the inspection unit and technical office to identify weaknesses and submit recommendations to the JTI director. Abu Sharar said JTI's training of attorneys does not guarantee they will become judges, but said after two years of study the attorney-students will have the opportunity to sit before a review panel for judicial appointment. WALLES