Num: 113/ 2021
ICSPR issues a paper entitled: “The Denial of Justice in Palestine”
Occupied Palestine/Gaza: The legal and human rights department of the International Commission to Support Palestinians’ Rights (ICSPR) issued today, Wednesday, a paper entitled: “The Denial of Justice in Palestine.”
The paper aims to clarify the nature of the executive authority’s violation of justice in Palestine, and its denial of implementing the provisions of the Palestinian judiciary, which makes the victims’ last resort unavailable, especially in the absence of official and unofficial oversight bodies, contrary to the text of Article (106) of the Palestinian Basic Law, which stipulates that That: “Judicial rulings shall be implemented. Refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him.
The paper also seeks to open the doors for researchers and activists to contribute to the development of solutions that would overcome the policies of denial of justice, implement judicial rulings in a way that achieves societal stability, and determine the path that must be taken to hold the perpetrators of this crime accountable, in a way that enhances the principles of separation of powers, the rule of law and respect for the rights and freedoms of citizens guaranteed by the texts of national and international laws and charters.
The paper addressed the independence of the Palestinian judiciary, and the most prominent obstacles facing the implementation of the rulings of the Palestinian judiciary, which were represented in the structural reasons related to the political elite, the weakness of official and popular oversight on the principle of legality and the rule of law, and the state of internal division and the division of the judiciary’s reference.