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(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."
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