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areas (a), particularly in the movement of witnesses, litigants, judges and
prosecutors. This is in addition to the fact that the transfer of the accused also
requires, in most cases, prior coordination to move the accused from one place
to another when required by the necessities of a trial.
The weakness in the performance of the Palestinian judicial system is also
ascribed to the lack of Palestinian sovereignty within the entire area of the West
Bank while still under the control of Israeli Military Occupation. The Israeli
military checkpoints have also affected the irregularity of the working hours for
judges and other supporting staff, as they also restricted the movement of not
only judges, clerks, and other judicial officers to courts and public prosecution
offices, but also that of litigants, their representatives and witnesses. The Israelis’
frequent closures and encroachments weakened the ability of the police to
execute court decisions and judicial notifications, which entailed the absence of
an effective Palestinian civil police force capable of accessing all areas it needs to
reach in order to support the judicial system.
The annual report of the Higher Judicial Council noted that despite significant
progress in the work of the Judiciary Inspection Department, the Department still
faces many obstacles, most notably the existence of military checkpoints which
impede the arrival of the inspection judges to the courts in a timely manner.24
A report issued by the Council of Ministers in the West Bank noted that among
the difficulties and challenges faced by the Government in the justice sector, they
include: 1) dishonoring the dignity of the judge; 2) subjecting the judge to
inspection; 3)stopping the judge at military checkpoints; as well as 4) the inability
of bailiffs and aides to the judiciary to perform their role in completing the
reporting processes for claims or others procedures due to the closures,
preventions, and other practices of the Israeli occupation which affect the daily
work of the justice sector institutions.25
3‐ Impact of Israeli Violations on the PA Executive Institutions
Israeli policies during the year 2010 reflected on the Palestinian people and on
the performance of the Palestinian National Authority (PNA) as well. The
Palestinian Government in the West Bank was forced to provide assistance to the
24
http://www.courts.gov.ps/pdf/HJC_Annual_Report_2009_Arabic.pdf.
Secretariat of the Council of Ministers – see the first quarterly report for the second year of the
Government/13th, West Bank (2010).
25