Institute for the Study and Development of Legal Systems


OUNTRY PROJECTS

PALESTINIAN

Palestinian Legal Study

Solutions to Contemporary Problems in the

Palestinian Civil and Criminal Systems

Report by the Institute for the Study and Development of Legal Systems

San Francisco, California

July 25, 1996

Table of Contents

Introduction and Recommendations

    A. Introduction

    B. Recommendations

      1. Civil Justice Recommendations

        a. The Problems
        b. The Solution: A Court Management Plan

      2. Criminal Justice Recommendations

        a. The Problems
        b. The Solution: An Enhanced Early Right to
        Counsel and the Public Defender System

      3. Supporting Institution-Building and

      Professional Development Recommendations
        a. Education, Training, and Research
          i) Lawyers' Institute
          ii) Judicial Institute
        b. Construction of Courts and
        Alternative Facilities
        c. Strengthening Policy-Making Institutions
        d. Technical Investigatory Facilities
        e. Civil Justice Legal Aid for the Indigent

The Problems

    A. Institutional and Professional Problems

      1. The Judiciary and the Courts
        a. Delineation of Powers
        b. Selection, Compensation and
        Evaluation of Judges
        c. Lack of Training
        d. Paucity of Court Resources

      2. The Police

      3. Alternatives to the Courts

      4. The Legal Profession

    B. Procedural and Substantive Legal Problems

      1. Problems in the Civil Justice Process

      2. Problems in the Criminal Justice Process

        a. The Interrogation Stage
        b. The Availability of Counsel to
        Indigent Defendants
        c. The Lack of Resources for
        Indigent Defendants

      3. The Multiplicity and Overlap of Substantive and

      Procedural Law

    C. Societal Problems

The Solutions

    A. Institutional and Professional Development

      1. The Judiciary and the Courts
        a. Independence and Control
        b. Selection, Compensation and
        Evaluation of Judges
        c. Institutional Training
        d. Investment in Resources

      2. The Police
      3. Alternatives to the Courts
      4. The Legal Profession

    B. Legal Process Reform

      1. Civil Procedure .--. Court Management Plan
      2. Criminal Procedure
      3. Unification and Codification of Substantive and
      Procedural Law

    C. Restoration of Trust in the Legal System

Attachments

    A. Summary of Project Delegates

    B. Salzburg Seminar Schedule/Presentation Topics

    C. Recommendations

    D. Methodology of the Study

    E. Institutes

    F. Court Management

    G. Public Defender System

    H. Summary of the Palestinian Civil Justice Process

    I. Summary of Criminal Justice Process - Gaza

    J. Summary of Criminal Justice Process - West Bank