Israel has hindered judicial performance

Counsellor Abdel Raouf al-Halabi Gaza - Mohammed Habib       The President of the Supreme Judicial Council in Gaza, Counsellor Abdel Raouf al-Halabi,stated that the judicial sector is making a remarkable progress, despite obstacles and Israeli siege laid on Gaza Strip, which hindered the development of judicial performance, by preventing judges from travelling abroad to gain experience. “Great efforts have been made in that direction, to gain the trust of the Palestinian citizen in the judicial system. This trust has been under question due to favoritism and nepotism. The confidence felt now by the Palestinian people can be proven by actual figures,” he said. In an exclusive interview with ‘Arabstoday’, al-Halabi stated "courts perform now as required, taking into account the interests of the citizens. Judgments are passed according to the law, although the numbers are less than we wish, because of the shortage of judges and the increase of the number of cases submitted to the courts. We hope for that to be improved, soon.” “The judicial system is independent. Fundamental law, of the National Authority, clearly states the judiciary as the third state authority. That independence is not to be taken likely, but it is a step on the way of the Palestinian project for citizen rights. It assures equality among people when it comes to their rights. Only the judicial system can intervene in the affairs of people.” On charges pressed against people returning to Gaza, after fleeing it during the events ended with Hamas taking control of the Strip, in 2007, he said: "Judiciary receives indictments against anyone. Not everyone who fled Gaza Strip during the military resolution is facing trials. That happens according to the law, regardless of the person and their political affiliation." "There is no indictment against Parliament member Mohammed Dahlan that has come to my attention." Halabi stated, on the issue raised by "Hamas" leaders. "Crime exists in any society, be it developed or not. The amount of crime in the Gaza Strip is not much. It is rather stable," He added. When asked about applying death sentence against spies, he answered, "Not all accused of collaborating with the Israel face death sentence. Investigations are conducted and witnesses are heard. The case is perfectly examined by judges through careful investigation and audit, before coming to a verdict, due to the seriousness of the penalty." "There is no coordination between Gaza and Ramallah judiciary. The brothers in Ramallah were the ones who refused to coordinate with us, in spite of our efforts. We believe that communication between the two parts of the state will be in the interests of citizens." He stated, “the judiciary in the West Bank, links cooperation with the judicial authorities in Gaza with achieving reconciliation. That strengthens the internal Palestinian division." He stresses the need to consolidate the work in the judicial field, in the West Bank and Gaza, in order to expand the compatibility to reach political officials. Al-Halabi is against the politicization of the judiciary, stressing the readiness of the Supreme Judicial Council to cooperate with the judicial authority in the West Bank. He points out the lack of respect for and implementation of judicial decisions issued against citizens of the West Bank in Gaza, and vice versa as a result of the division. According to counselor Al-Halabi, The Palestinian judiciary has never seen so much demand from citizens before, “ They now have a fair, implemented judicial system, that enjoys people confident. Gaza courts have achieved much progress, when it comes to cases handled. The numbers of new cases have increased greatly, compared with the same period of 2008. Old ones accumulated during the previous years are developed, as well. The Supreme Judicial Council has settled thousands of issues raised this year. The total range that has been terminated in the past year is 22801 cases, out of 30906 cases filed, an increase of 73.78%. The new judicial system of 2008, did not start cases all over, but followed the agenda set for previous cases. Difficulties were overcome as not to lay negative effects on cases, citizens or lawyers. The judiciary has not received much attention during the last period, according to the counselor, "we found no suitable buildings for judiciary prestige, but the court complex of Khan Yunis.  Complexes of Gaza, Rafah and Jabaliya are old, and unfit for judicial work." He disclosed that the courts have benefited from the war waged by the Israeli forces on Gaza, as all files and cases were archived. A website will be constructed soon providing electronic agenda, to enable lawyers and concerned citizens to send queries and find information, which saves time and effort. Al-Halabi stressed that the Supreme Judicial Council was able for the first time in the Palestinian territories to activate of the judicial police. It does not only guard courts, but specializes in the delivery and the implementation of judicial of verdicts.