87 (30) of the Palestinian Basic Law. Non‐implementation of court rulings constitutes more than one violation, including 1) the failure to respect the judge’s will; 2) the failure to respect a citizen’s right to his personal liberty; and 3) non‐compliance with the national legislation. By reviewing the complaints received by ICHR and its monthly reports, it turned out that there is a clear and systematic policy in regard to the non‐ implementation of the court decisions by the Security Services and the Civil Police Service in some cases, as well as the non‐implementation of a number of court decisions by a number of ministries, the General Personnel Council, and by some conservatives. It was beyond that, where some citizens obtained more than one decision by the Supreme Court of Justice which were not implemented, or were implemented for a few minutes after which the citizen was arrested. One example was reported by Bader Ahmad Abu Ayyash, who was detained by the Preventive Security Service. On 24/10/2010, he obtained a decision from the Supreme Court of Justice releasing him, and after several minutes of release, he was arrested again, forcing him to appeal to the Supreme Court of Justice and obtained another court decision on 23/11/2010 releasing him. What had happened to him previously was repeated, where he was released and then arrested after several minutes. This also applies to Saleh Shawki Qawasmi, who obtained two resolutions, one on 21/10/2010 and the other on 25/11/2010. In these two cases, he was arrested a few minutes after his release. Court rulings which were not implemented ranged between rulings issued by the Supreme Court of Justice, whether in civil aspects or aspects related to arrests, or rulings issued by lower courts, such as decisions issued by the Magistrate Courts, related to release on bail or decisions issued by the Court of First Instance. By reviewing the last report on violations in 2010, it indicates the non‐ implementation of court rulings. During the reporting period as in previous months, it was observed there was a continuous phenomenon of non‐ implementation of court decisions, or delay in their implementation, mainly in the West Bank. The failure to implement decisions of the Palestinian courts regardless of their degree is a clear violation of the provisions of the Palestinian Basic Law, particularly Article (106) thereof. The article stipulated that "judicial decisions are enforceable and to refrain from implementing in any way is a crime punishable by imprisonment or dismissal from employment."

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents