When it comes to the Serious Crimes Court, judges took measures which contributed to the
case progress, on average, in less than 20% of all hearings. only in 263 hearings. As many as
1,085 hearings were postponed without taking any measures other than setting a new
hearing date. resulted in some progress towards the case’s adjudication. Again, the Tulkarm
branch was the most efficient, followed by those in Hebron and Jericho. As many 90% of the
hearings before the Qalqilya Serious Crimes Court branch were simply postponed.
The reasons for these frequent postponements will be discussed in the following paragraph.
3. Reasons for postponements
The most commonly observed reasons for postponing hearings in First Instance Courts were
the failure of prosecution witnesses to appear and the Court’s failure to ensure the presence
of defendants held in pre-trial detention. As shown in Chart 11, These two factors combined
accounted for over 50% of postponements in the West Bank and 40% in the Gaza strip.
Chart 11 - Reasons for hearing postponements (%)
30%
25%
20%
15%
10%
5%
0%
Absence of
defence
attorney
Absence of
Absence
Absence of Issues with
accused
prosecution
defence
witnesses
witnesses
witnesses summoning
Serious Crimes Court
First Instance Courts West Bank
Leave for Deliberation
defence to
by Court
present
evidence
Other
reasons
First Instance Courts Gaza
Another problematic factor, causing postponements in over 10% of all hearings in First
Instance Courts, was failure to properly summon witnesses. Coupled with failure of defence
attorneys and defence witnesses to appear, these factors account for the overwhelming
majority of reasons why hearings in West Bank and Gaza First Instance Courts (85% and 74%,
respectively) were unnecessarily adjourned.
The same factors also affected trial hearings before the Serious Crimes Court, where absence
of regularly summoned defence witnesses had a much more severe impact than in First
instance courts.
On the other hand, Serious Crimes Court branches were much more effective in ensuring the
presence at the hearing of defendants held in pre-trial detention. First Instance Courts often
31