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Chapter Three
The Right to Litigation and Guarantee of a Fair Trial
International conventions on human rights guarantee the right of access to
justice as the foundation of the rule of justice and the protection of rights. Article
(8) of the Universal Declaration of Human Rights of 1948 states "Everyone has
the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted to him by the constitution or by law."
Article (10) of the same declaration also affirms "Everyone is entitled in full
equality to a fair and public hearing by an independent and impartial tribunal, in
the determination of his rights and obligations and of any criminal charge against
him." Furthermore, Article (11) maintains "Everyone charged with a penal
offence has the right to be presumed innocent until proven guilty according to
law in a public trial at which he has had all the guarantees necessary for his
defense."
Domestically, the provisions of the Palestinian Basic Law are consistent with the
Universal Declaration of Human Rights. Paragraph (1) of Article (30) of the Basic
Law states that "Access to justice is a protected right that is guaranteed to all
individuals. Every Palestinian shall have the right to find sanctuary in the legal
system. Litigation procedures shall be organized by law to guarantee prompt
settlement of cases.” Paragraph (2) of the same article also declares that "Laws
shall not make any decision or administrative work immune against judicial
control.” Paragraph (3) of the same article states that "Judicial mistakes shall
result in compensation by the Palestinian National Authority and that conditions
and methods of such compensation shall be regulated by law.”
Moreover, Article (14) of the Basic Law stresses that “The accused is innocent
until proven guilty in a court of law that guarantees the right to defend himself.
Any person accused in a criminal case shall be represented by a lawyer" while
Article (2) of the Law on the Formation of Regular Courts No. (5) for the year
2001 states that “Regular Courts in Palestine adjudicate all disputes and crimes,
except those excluded by a special legal text, and that the Judicial authority shall
exercise its jurisdiction over all persons.”
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