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Mapping Study Legal Aid Services Provided by the Palestinian Authority

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Mapping Study Legal Aid Services Provided by the Palestinian Authority MAPPING STUDY Legal Aid Services Provided by the Palestinian Authority 2011 MAPPING STUDY Legal Aid Services Provided by the Palestinian Authority 2011 AUTHOR Diana Buttu EDITOR Sara Bailey The analysis and recommendations of this report do not necessarily reflect the views of the UNDP. The report is an independent publication commissioned by UNDP/PAPP. Design & Print by: Creative|Ad Design & Print Co. Ltd. TABLE OF CONTENTS Acronyms ...................................................................................................................................................... 6 Execuive Summary ........................................................................................................................................ 7 1. Introduction .............................................................................................................................................. 11 1.1. Overview ......................................................................................................................................................... 11 1.2. The Legal Assistance Context ........................................................................................................................... 11 2. Legal Assistance in Palestinian, Israeli and International Law ................................................................. 12 3. Legal Assistance for Cases in the Israeli Legal Systems ........................................................................... 13 3.1. Overview ......................................................................................................................................................... 13 3.2. Prisoners and Detainees in the Israeli Civilian and Military Courts ..................................................................... 15 3.2.1. Legal Environment and Context ............................................................................................................ 15 3.2.2. Relevant Palestinian Institutions............................................................................................................ 16 3.2.3. Eligibility .............................................................................................................................................. 17 3.2.4. Delivery and Coverage .......................................................................................................................... 17 3.2.5. Retaining Private Lawyers ..................................................................................................................... 18 3.2.6. The Evaluation of Legal Services and the Removal of Lawyers ................................................................ 19 3.2.7. Criticisms of the Legal Services Provided ............................................................................................... 19 3.3. Home Demolitions, Evictions and Land Confiscations ........................................................................................ 20 3.3.1. Overview.............................................................................................................................................. 20 3.3.2. The Wall and Settlements Unit .............................................................................................................. 20 3.4. Home Demolitions, Evictions and Land Confiscations in Jerusalem .................................................................... 22 3.4.1. Context ................................................................................................................................................ 22 3.4.2. History ................................................................................................................................................. 23 3.4.3. Eligibility .............................................................................................................................................. 24 3.4.4. Delivery Methods ................................................................................................................................. 24 3.4.5. The Use of Private Lawyers ................................................................................................................... 24 3.4.6. The Dismissal of Lawyers ...................................................................................................................... 24 3.4.7. Criticisms of Legal Services Provided ..................................................................................................... 24 4. Legal Assistance in the Palestinian Court System .................................................................................... 26 4.1. Overview ......................................................................................................................................................... 26 4.2. The Palestinian Bar Association and High Judicial Council ................................................................................. 26 4.2.1. Eligibility .............................................................................................................................................. 26 4.2.2. Legal Aid Delivery Methods .................................................................................................................. 26 4.2.3. Criticisms of the Legal Services Provided ............................................................................................... 27 4.3. Independent Commission for Human Rights ..................................................................................................... 28 4.3.1. Overview.............................................................................................................................................. 28 4.3.2. Eligibility for Receiving Assistance ......................................................................................................... 28 4.3.3. Methods of Providing Assistance........................................................................................................... 28 5. Conclusions and Recommendations ......................................................................................................... 29 ANNEX A: List of Interviewees ..................................................................................................................... 30 6 Mapping Study: Legal Aid Services Provided by the Palestinian Authority Acronyms Addameer Addameer Prisoners Support and Human Rights Association AGO Attorney-General’s Office Hamoked Hamoked - Centre for the Defence of the Individual HJC High Judicial Council IBA Israel Bar Association ICC International Criminal Court ICCPR International Covenant on Civil and Political Rights ICHR Independent Commission for Human Rights ICJ International Court of Justice ICRC International Committee of the Red Cross ICSECR International Covenant on Social, Economic and Cultural Rights IT Information Technology JD Jordanian Dinar JLAC Jerusalem Legal Aid and Human Rights Centre MOJ Ministry of Justice NGO Non-Governmental Organization NIS New Israeli Shekel NRC Norwegian Refugee Council OCHA Office for the Coordination of Humanitarian Affairs oPt occupied Palestinian territory PAPP Programme of Assistance to the Palestinian People (UNDP) PBA Palestinian Bar Association PCATI Israeli Committee Against Torture in Israel PCBS Palestinian Central Bureau of Statistics PLC Palestinian Legislative Council PLO Palestine Liberation Organization PA Palestinian Authority Prisoners’ Club Palestinian Prisoners’ Club St. Yves Society of St. Yves - Catholic Centre for Human Rights UN United Nations UNDP United Nations Development Programme WCLAC Women’s Centre for Legal Aid and Counselling 7 Mapping Study: Legal Aid Services Provided by the Palestinian Authority Executive Summary This study maps legal aid services provided by the Palestinian Authority (hereinafter ‘PA’). It details the legal areas in which assistance is provided and the methods which are used to deliver legal assistance. The author consulted a range of sources in order to obtain a comprehensive picture of current legal aid coverage as well as an overview of legal assistance initiatives launched and implemented prior to the establishment of the PA in 1994. In the main, the legal aid initiatives of the PA came about in response to the demands of the second Palestinian Intifada (upris- ing), during which thousands of Palestinians were arrested and detained, and the ongoing land confiscations, home demoli- tions and evictions that are carried-out in the context of Israel’s construction and expansion of illegal settlements in the West Bank, as well as the construction of the Wall. Several Palestinian ministries and other institutions provide legal assistance, but there is a lack of coordination and little oversight is provided by the central government, for instance through the Ministry of Justice. Instead, the assistance provided is largely insular: each ministry or institution oversees its own operations, and works in the absence of a PA-wide strategy. With respect to the Israeli legal system, the PA has confined its legal aid provision to cases involving arbitrary detention; and for cases involving home demolitions, evictions, and land seizures. These are litigated in both the military tribunals and the Israeli civil courts. Palestinian Detainees Legal assistance is widely available for Palestinian prisoners and detainees from two main PA-supported sources: the Palestin- ian Prisoners’
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