VZCZCXYZ0003
OO RUEHWEB

DE RUEHJMA #4774 3131504
ZNR UUUUU ZZH ZUI RUEWCSE2020 3131456
O 091504Z NOV 06
FM AMCONSUL JERUSALEM
TO RUEHC/SECSTATE WASHDC0000
INFO ARAB ISRAELI COLLECTIVE
RHEHNSC/WHITE HOUSE NSC

UNCLAS JERUSALEM 004774 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
NEA FOR FRONT OFFICE; PASS TO NSC FOR ABRAMS/DORAN/WATERS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KPAL KWBG KDEM
SUBJECT: PROBLEMS IN PALESTINIAN JUSTICE SYSTEM LEAD TO 
BACKUP IN CASES 
 
REF: JERUSALEM 04696 
 
¶1.  (SBU) SUMMARY:   THE PALESTINIAN JUSTICE SYSTEM SUFFERS 
FROM A SEVERE SHORTAGE IN THE NUMBER OF JUDGES, WHICH HAS LED 
TO SIGNIFICANT DELAYS IN PROCESSING CRIMINAL CASES, ACCORDING 
TO ISSA ABU SHARAR, THE CHIEF JUSTICE OF THE PALESTINIAN 
HIGHER JUDICIARY COUNCIL.  THE BACKUP OF CASES HAS IMPACTED 
THOUSANDS OF ACCUSED, INCLUDING SEVERAL AMERICAN CITIZENS 
(REFTEL).  SHARAR SAYS THE SHORTAGE OF JUDGES IS COMPOUNDED 
BY THE ISRAELI OCCUPATION, AND, ESPECIALLY IN GAZA, BY CHAOS 
AND LAWLESSNESS.  END SUMMARY. 
 
WEST BANK:  SHORTAGE OF JUDGES 
------------------------------ 
 
¶2.  (SBU) CONGEN AND USAID REPS MET WITH ISSA ABU SHARAR, THE 
CHIEF JUSTICE OF THE HIGH COURT AND THE PALESTINIAN HIGHER 
JUDICIARY COUNCIL (THE BODY CHARGED WITH ADMINISTERING THE 
PALESTINIAN COURT SYSTEM).  ABU SHARAR, WHO BECAME CHIEF OF 
THE HIGHER JUDICIARY COUNCIL IN SEPTEMBER 2005, SAID THE 
JUDICIARY'S MAIN CHALLENGE IN THE WEST BANK IS A SEVERE 
SHORTAGE OF JUDGES.  HE ATTRIBUTED THE SHORTAGE PRIMARILY TO 
INADEQUATE FINANCIAL RESOURCES THAT HE SAID WAS EXACERBATED 
AFTER THE JANUARY PLC ELECTIONS, AND ARGUED THAT THE 
PALESTINIAN JUDICIAL SYSTEM NEEDS AN INDEPENDENT BUDGET.  ABU 
SHARAR TOLD CONGEN REPS THAT DUE TO THE SHORTAGE, PALESTINIAN 
COURTS CURRENTLY HEAR ONLY EMERGENCY CASES, AND THERE IS A 
BACKLOG OF 3263 FELONY CASES IN THE WEST BANK. 
 
GAZA:  CHAOS AND LAWLESSNESS 
---------------------------- 
 
¶3.  (SBU) ABU SHARAR SAID THERE IS A BACKLOG OF 2591 FELONY 
CASES IN GAZA.  HE ADDED, HOWEVER, THAT THERE IS NO SHORTAGE 
OF JUDGES IN GAZA.  THE BACKUP THERE RESULTS FROM LAWLESSNESS 
AND CHAOS.  HE SAID THE POLICE AND THE COURTS SIMPLY ARE NOT 
DOING THEIR JOBS.  ABU SHARAR TOLD CONGEN REPS THAT THE 
COMBINED FELONY AND MISDEMEANOR BACKLOG IN BOTH GAZA AND THE 
WEST BANK IS MORE THAN 70,000 CASES. 
 
OCCUPATION HINDERS JUSTICE 
-------------------------- 
 
¶4.  (SBU) ACCORDING TO ABU SHARAR, THE ISRAELI OCCUPATION 
ALSO UNDERMINES THE PALESTINIAN JUSTICE SYSTEM.  HE NOTED 
THAT WEST BANK CHECKPOINTS AND CLOSURES MAKE IT DIFFICULT FOR 
JUDGES TO MOVE.  ABU SHARAR ALSO SAID IN SOME CASES 
DEFENDANTS SHOULD BE MOVED FROM ONE LOCATION TO ANOTHER FOR 
THEIR OWN SAFETY, BUT OBSTACLES TO MOVEMENT MAKE THESE 
TRANSFERS DIFFICULT OR IMPOSSIBLE.  (NOTE:  ABU SHARAR'S 
REFERENCE TO THE NEED TO TRANSFER PRISONERS FOR THEIR OWN 
SAFETY COMES IN THE CONTEXT OF INCIDENTS WHERE FAMILIES HAVE 
BROKE INTO PRISONS AND KILLED PRISONERS TO AVENGE ALLEGED 
CRIMES.)  ABU SHARAR ALSO POINTED OUT THAT THE IDF HAS 
DESTROYED MANY OF THE PALESTINIAN WEST BANK PRISONS, 
INCLUDING THE PRISON IN JERICHO IN MARCH 2006.  HE SAID THE 
SHORTAGE OF PRISON FACILITIES HAS LED IN SOME CASES TO 
DEFENDANTS BEING RELEASED INSTEAD OF BEING HELD FOR TRIAL. 
ABU SHARAR CLAIMED THAT ALL OF THESE FACTORS HAVE RESULTED IN 
A JUSTICE SYSTEM THAT "IS BARELY FUNCTIONING." 
 
STEPS FORWARD? 
-------------- 
 
¶5.  (SBU) ABU SHARAR OFFERED THAT A PARTIAL SOLUTION TO THE 
PALESTINIAN JUDICIARY PROBLEM WOULD BE TO TRAIN AND HIRE NEW 
JUDGES AND SAID HE HAD BEGUN THIS PROCESS A YEAR AGO.  HE 
EXPLAINED THAT IN EARLY 2006, THE HIGHER JUDICIAL COUNCIL HAD 
INCREASED THE NUMBER OF JUDGES IN FOUR MAJOR WEST BANK 
CITIES.  UNFORTUNATELY, ABU SHARAR ADDED, THAT EFFORT WAS 
HALTED WHEN THE PA WENT ON STRIKE IN SEPTEMBER.  ABU SHARAR 
ALSO STRESSED THE IMPORTANCE OF TRAINING JUDGES.  HE INSISTED 
THAT HE WANTS TO IMPROVE THE JUDICIARY AND HAS PLANS TO 
CREATE AN ARBITRATION SYSTEM, TRAIN JUDGES IN JUDICIAL 
INSPECTION, AND TRAIN AND PROMOTE COMPETENT JUDGES, IF THE 
RESOURCES BECOME AVAILABLE 
WALLES