97 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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