ISTIQLAL believes that if the judges were to start a practice of commencing hearings on time
(e.g. at nine in the morning sharp) all these parties will be accustomed to being present on
time as well. In any case, ISTIQLAL recalls that the judge is the authority responsible for
managing the trial and ensuring that hearings start in a timely fashion. Judges should lead by
example and, where appropriate, resort to available legal provisions to ensure that other
parties adhere to the court timetables as well.
b) Compliance with daily case schedule
Respecting the order and sequence of files and cases in First Instance Courts varied greatly,
from very high-compliance courts such as Tulkarm, Bethlehem and Hebron, where in over
85% of cases Courts adhered to the schedule, to courts in Jenin and Qalqilya, where the
compliance rate was a mere
10,5%. On average, first instance
TABLE 5 - COURTS’ COMPLIANCE RATE WITH DAILY
courts in Gaza performed much
CASE SCHEDULE (%)
worse than those in the West
Ramallah First instance Court
67,5
Bank
(30,5%
vs.
65.7%
compliance rate).
Bethlehem First instance Court
85,3
Hebron First instance Court
86,3
Nablus First instance Court
33,3
Tulkarm First instance Court
94,3
Jenin First instance Court
10,5
Qalqilya First instance Court
10,5
Jericho First instance Court
37,5
First instance Courts West Bank
65,7
Gaza First instance Court
27,4
Khan Yunis First instance Court
33,2
The way courts draw up their
daily schedule varied from court
to court.
The Jenin First Instance Court
was
among
those
who
performed the worst in this
regard: this court often failed to
hear cases at the scheduled time
and to hear them according to
the predefined order.
In the Gaza First Instance Court,
ISTIQLAL observed that files and
criminal cases are often heard in
First Instance Courts Gaza Strip
30,5
this court without a predefined
First Instance Courts combined
55,0
sequence: it appeared that
judges
heard
cases
in
Serious Crimes Court
75,2
accordance with the requests of
defence attorneys; this meant in certain cases judges favoured lawyers who were known to
them. This prevented an orderly examination of the hearings due to take place on a given day
and gave the impression that the Court favoured certain lawyers over others.
Similar concerning practices were observed in the Jericho Court of First Instance: in this court,
the order of the hearing was often changed and/or disregarded; judges mostly gave priority
to cases involving detainees and decided the order in which to hear the remaining cases
according to the requests by the defence attorneys.
On average, the Serious Crimes Court performed better than First Instance Courts, adhering
to the case sequence in 75% of monitored hearings.
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