5. Measures to address reasons for postponements
ISTIQLAL also considered measures that First Instance Courts took to address the reasons for
trial postponements.
As shown in Chart 13, the most common measure both in the West Bank and Gaza Strip was
to re-notify the witnesses who failed to appear; subpoenas or fines for witnesses were issued
in a marginal number of cases. The second measure these Courts most frequently resorted to
was issuing a subpoena or an arrest warrant for the defendant at liberty who failed to appear,
in accordance with Article 247 of the CPC, which states that “If the accused does not appear
in court on the date and at the time designated in the writ of summons, he is re-notified and,
if he again fails to appear, an arrest warrant is issued against him.”
Re-summoning absent attorneys was also frequently observed. In these cases, however,
Courts hesitated to refer the issue for follow-up disciplinary measures to the Palestinian Bar
Association, a measure that was taken in a marginal number of cases.
Chart 13 - Court actions to address root causes of
postponements (% of cases)
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
New summons Arrest warrant Arrest warrant New summons
for witness
for witnesses for the accused for attorney
West Bank First Instance Courts
Leave to
appoint an
attorney
Leave to
prepare
defence
Others
Gaza Strip First Instance Courts
No substantive differences were observed between Courts in the West Bank and in the Gaza
Strip. These measures appeared to be equally ineffective to produce a substantive increase
in the percentage of hearings that resulted in some progress in the case.
6.
Changes in trial panels
ISTIQLAL observed that in a large number of monitored cases the trial panel changed in the
course of the proceedings. This was largely due to the changes in the judiciary brough about
by the Transitional High Judicial Council, created by Law No. 17 of 2019. In addition to the
previous High Judicial Council’s functions, this body received the mandate to reform the
existing judiciary, by restructuring the court bodies of all degrees and types, recommending
to Court Presidents to dismiss individual judges, reassign judges to other judicial positions, or
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