Gaza, Publication and Information Unit:<\/p>\n
Lawyers and judges recommended that the judicial bodies achieve criminal justice for all defendants and perpetrators by carrying out sound and precise procedures that safeguard the guarantees provided to defendants in the code of criminal procedure and the laws, in addition to holding fair trials in speedy trials of defendants, in a way that guarantees them the freedom to present their defence and their pleas, to seek the assistance of a lawyer, and to exercise the right to remain silent and not to answer.<\/p>\n
These recommendations came during a workshop held by the Palestinian Center for Democracy and Conflict Resolution within the project \"Stronger oversight, better justice\" at the La Terrazza restaurant in Gaza City, with the participation of fifty male and female lawyers and a number of representatives of human rights organisations and civil society, law students and other interested people.<\/p>\n
At the start of the meeting, the president of the Gaza Magistrates' Court, Khalil Al-Batsh, pointed to the importance of the question of speedy trials, given the cases referred to the judiciary daily under indictments sent to the court. He added: \"Judges observe the procedures and guarantees the law provides to a defendant, particularly in scrutinising the files and the charges relating to any defendant, and anyone brought before the speedy court does so together with a confession matching the facts of the charges attributed to the defendant.\"<\/p>\n
Al-Batsh noted that some defendants, when brought to trial, may not realise the nature of the sentences that will be passed on them and believe the judiciary will be content with a fine, whereas it sentences them to actual imprisonment on some charges, such as repeat offences. He explained that the growing number of criminal cases at the magistrates' court, reaching 8,000 criminal cases and sometimes as many as 17,000, despite the small number of judges, points to the citizen's confidence in the procedures of justice and particularly in the enforcement of the judgments issued by the judiciary.<\/p>\n
On the prosecution's role in speedy trial cases, the head of the Gaza general prosecution, Ihab Al-Deirawi, said the prosecution has completed some defendants' files within three days and that they are brought to trial once the prosecution has met the conditions of the investigations in a way that safeguards the defendant's rights during questioning. He said: \"The question of speedy trials is not provided for in the law; rather, this practice came about in order to spare a defendant the conditions of detention and imprisonment without justification, and 95% of felony files are filed within the first three months of the crime being committed.\"<\/p>\n
On the nature of the role the prosecution and the judiciary should follow with defendants, the legal counsel Ali Al-Naouq called on the public prosecution not to use the six-month period to prolong a defendant's imprisonment, since the aim is to expedite the completion of investigations in every case, and said the court's role is to provide the defendant with protection from the arbitrary action of the executive authorities, which is a human right. He stressed that what happens in our Palestinian reality is that indictments in killing and felony cases go on for six months, which contradicts the substance and spirit of the law, and that the problem of speedy trials lies in the prevailing culture: it is more fitting that everyone work to entrench the defendant's right to a defence at police stations and during questioning before the public prosecution.<\/p>\n
Among the main interventions from those present, the legal scholar Dr. Abdel Karim Shubair called for defendants to be given the choice of seeking the assistance of a lawyer, and for guaranteeing the right to silence and to examination and medical inspection of the defendant during questioning or investigation. He recommended that the public prosecution seek to cooperate with defendants' counsel, given the role a lawyer plays in achieving criminal justice.<\/p>\n
The legal officer Lieutenant Colonel Alaa Sorour, director of Gaza Central Prison, appealed to the judiciary and the justice facilities to expedite the issuing of judgments on some defendants who have been serving time in prison for more than seven years without judgments being issued, given the severe overcrowding of defendants inside the prisons in Gaza governorate.<\/p>\n
It is noted that the Conflict Resolution Center continues to provide a range of legal services and to increase awareness on rights issues within the project \"Stronger oversight, better justice\", funded by the United Nations Development Programme (UNDP), alongside the role of the Centre's legal department at all its branches in the country's governorates.<\/p>","protected":false},"excerpt":{"rendered":"
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