ATTACHMENT_J_12_Palestinian_Justice_Enhancement_Project__Seventh_Quarterly_Report.pdf

QUARTERLY REPORT #7

Palestinian Justice Enhancement Program Task order 263-I-03-06-00018-00

1 October to 31 December, 2012

PJEP Quarterly report #7 2 of 31

PALESTINIAN JUSTICE

ENHANCEMENT PROGRAM

QUARTERLY REPORT #7

October 1, 2012 to December 31, 2012

Table of Contents

ACRONYMS

EXECUTIVE SUMMARY

ACTIVITIES AND RESULTS

COMPONENT 1 – ENHANCE ACCESSIBILITY AND EFFICIENCY OF TARGETED JUSTICE SECTOR INSTITUTIONS

SUBCOMPONENT 1A - UPGRADE THE CAPACITIES OF THE HJC

Key Result Area: Improve HJC services to the public Key Result Area: Provide training and technical assistance to HJC and MOJ Departments

SUBCOMPONENT 1B - STRENGTHEN TARGETED FUNCTIONS WITHIN THE MOJ

Key Result Area: Assist in activation and development of the Palestinian-Israeli Joint Legal Committee

(JLC)

COMPONENT 2 – STRENGTHEN THE CAPACITY AND CREDIBILITY OF JUSTICE SECTOR PROFESSIONALS

Key Result Area: Strengthen the capacity of the PJI Key Result Area: Strengthen practical legal education

COMPONENT 3 – BROADEN PUBLIC AWARENESS OF RULE OF LAW AND ENGAGEMENT WITH THE JUSTICE

SECTOR

Key Result Area: Enhance HJC and MOJ public outreach capacities Key Result Area: Increase engagement and public awareness of key justice sector stakeholders

COMPONENT 4 – WINDOWS FOR OPPORTUNITIES

OTHER

MONITORING & EVALUATION

IMPLEMENTATION CHALLENGES

PMP INDICATOR UPDATE

FINANCIAL SUMMARY

PJEP Quarterly report #7 3 of 31

Acronyms

AD Authentication Department

COP Chief of Party

COR Contract Officer Representative

CSO Civil Society Organization

DCOP Deputy Chief of Party

DIMS Diploma Information Management Software

DJS Diploma Judicial Studies

DMAS Document Management Archiving System

DMO Deputy Minister’s Office

DMOJ Deputy Minister of Justice

DMS Document Management System

EUPOLCOPPS EU Co-ordinating Office for Palestinian Police Support

FFP Freedom Forum Palestine

FY Fiscal Year

GIA Grant Implementation Agreement

HJC High Judicial Council

ICT Information and Communication Technology

IMM Institute of Modern Media

IT Information Technology

JIC Justice Information Center

JLC Palestinian-Israeli Joint Legal Committee

JRO Justice Records Offices

KRA Key Results Area

LAD Legal Affair’s Department

MOE Ministry of Education

MOI Ministry of Interior

MOJ Ministry of Justice

NSU Negotiations Support Unit

OHCHR Office of the High Commissioner for Human Rights

PA Palestinian Authority

PC Personal Computer

PIR Project Intermediate Results

PJEP Palestinian Justice Enhancement Program http://www.ohchr.org/

PJEP Quarterly report #7 4 of 31

PACE Palestinian Authority Capacity Enhancement Project

PIRS Project Indicator Reference Sheets

PMP Performance Management Plan

PJI Palestinian Judicial Institute

RFA Request for Application

SAACB State Audit and Administrative Control Bureau

SFI Students’ Forum Institute

SPSS Statistical Package for Social Science

SYF Sharek Youth Forum

TIMS Training Information Management System

TOT Training of Trainers

UNDP United Nations Development Program

UNODC United Nations Office on Drugs and Crime

UNOPS United Nations Office for Project Services

UPS Uninterruptible Power Supply

USAID United States Agency for International Development

VOIP Voice over Internet Protocol

WAN Wide Area Network

PJEP Quarterly report #7 5 of 31

Executive Summary The goal of the Palestinian Justice Enhancement Program (PJEP) is to strengthen public confidence in and respect for justice sector institutions and the Rule of Law in the West Bank.

During the quarter, PJEP contributed to this goal through targeted assistance to justice institutions, legal professionals, civil society and the public.

In its continued effort to support the High Judicial Council (HJC) and the Ministry of Justice

(MOJ), PJEP upgraded 12 West Bank courts and the MOJ Hebron office. PJEP continued to upgrade the Ramallah Conciliation Court in partnership with the USAID Palestinian

Authority Capacity Enhancement Project (PACE). PJEP will provide Information

Technology (IT) equipment and furniture, and pay the associated engineering and structure design fees, while PACE will completely remodel the physical structure of the court. To further assist the HJC and reduce the case backlog, PJEP’s 43 interns continued entering data into the Al Mizan 2 program and scanned backlogged documents using the heavy duty scanners PJEP provided. To date, PJEP interns have entered 135,488 documents in the Al

Mizan. PJEP also continued to provide assistance to the MOJ Authentication Department’s

“Filing Backlog Document Project.” PJEP’s 4 data entry interns have entered 8,354 documents into the Document Management Archiving System..

An inauguration ceremony of the MOJ new facility in Ramallah took place this quarter. The ceremony was attended by the USAID Mission Director and PJEP’s Chief of Party (COP) as well as other distinguished guests. Assistance was also provided to the Deputy Minster’s

Office (DMO) through PJEP’s advisor who is embedded at the MOJ working to improve the administrative procedures at the DMO.

PJEP provided technical assistance to the HJC and MOJ through the IT consultant who continues to advise the MOJ, HJC and the Palestinian Judicial Institute (PJI) on their IT needs including developing software specifications for the PJI Diploma Information Management

Software (DIMS). In addition, PJEP’s statistical consultant assisted the HJC Technical Office statistics staff to analyze court data and produce reports using the Al Mizan software. PJEP’s research consultant who is embedded at the HJC assisted the Research Department to conduct legal and judicial work as well as assist in improving the research processes in the department. PJEP’s International Senior Court Administration Advisor worked with the HJC to create a comprehensive Model Court approach for development and implementation of best practices in court administration and improved caseflow procedures. Additionally, the Justice

Sector Institutions Specialist is preparing a report to help develop solutions to the notification problems in the courts. PJEP also provided Case Weighting consultants developed a case weighting study that will be used by the HJC to assess judicial staffing needs. The report includes a statistical model defining the needs for judgeship positions needed to address current case load and a formula to calculate the number of judges needed to address case backlog.

Through the work of the Joint Legal Committee (JLC), the Senior JLC Specialist continued to provide support to the committee that is housed at the MOJ. The Specialist followed up on the mutual legal assistance coordination between the Palestinian and Israeli counterparts in addition to developing the JLC three year strategic manual.

During the quarter, PJEP completed 15 Customer Service trainings for 322 court staff from all over the West Bank. The training aimed to improve the staff’s communications, professional conduct and customer service skills to provide better services to the public. Additionally, PJEP Quarterly report #7 6 of 31

Notary Public, Civil Judgment, Notification and Court Registration staff completed a number of trainings that aimed to build the capacity of the staff as well as assisting in providing more efficient and better quality of services to the public. PJEP also finalized the first draft of the court Unified Procedures Manual for the Notary Public, Civil Judgment and Notification

Departments and the Court Registry Office which will be used by court staff to help standardize the court procedures and transactions of all the courts.

To assist the PJI, PJEP completed the development of the Civil Law course material that will be added to the PJI’s Diploma Judicial Studies (DJS) program. PJEP will continue to develop the Commercial Law, Contracts Law and Land Law course materials. PJEP conducted several trainings for lawyers enrolled in the PJI’s DJS who are planning to become practicing judges in Palestine. PJEP also developed a list of training priorities for the Judicial Continuing

Education program based on discussions with HJC departments and judges and on the results of a judge’s survey PJEP conducted at the HJC Judicial Annual Conference. PJEP subsequently developed and conducted a number of three day “Criminal Procedures Law” trainings.

A PJEP Clinical Education consultant conducted meetings and workshops with deans, faculty, staff and students of five law schools to assist the law schools define next steps to strengthen existing clinical and programs and establish new programs in those universities without clinical education opportunities for their students.

With the aim to improve the practical skills of law students, PJEP participated in the first ever

Bilateral Moot Court Competition at Al Ahliya University in Amman, Jordan. Five students from An Najah University competed against students from Al Ahliya (Amman) University.

Moreover, PJEP has been preparing for the 2013 National Moot Court Competition. The winners of this year’s National Competition will qualify to participate in the International

Jessup Moot Court Competition held in Washington DC. PJEP’s Clinical Education consultant conducted clinical education workshops for students and faculty of Al Ahliya, Modern College, Hebron, An Najah, and Al Quds university law schools. The purpose of the workshops was to examine the needs and procedures to create legal clinics in the universities.

PJEP is assisting the HJC’s public outreach efforts by conducting a number of outreach activities. PJEP along with the HJC have begun part two of the HJC’s radio series campaign.

In total, 15 episodes will be produced and aired on the national radio stations. The series will discuss fraud, robbery, honor killings, and other relevant subjects. In addition, PJEP is working on producing an animation series called “Al Qanoun” or “The Law”. The animation series and radio campaign will be used as creative communication tools that will contribute to the public understanding of legal issues and awareness of the court system.

Also during the quarter, PJEP’s grantees Amin News Network, Internews, and Ma’an News completed the implementation of the 2 nd grant cycle. Though progress was made on PJEP’s rd and 4 th grant cycles, these have been suspended due to a congressional hold on funds.

PJEP received news of a congressional hold on Fiscal Year (FY) 2012 funding to the USAID

West Bank/Gaza Mission late in the quarter. Many of PJEP’s project activities have been suspended. Project activities and the PJEP’s grants program are expected to immediately resume if funding becomes available. Long-term US staff and local long-term staff will continue to provide technical assistance to the counterparts and will remain with the project until further notice.

PJEP Quarterly report #7 7 of 31

ACTIVITIES AND RESULTS

PJEP’s goal is to strengthen public confidence and respect for justice sector institutions and the Rule of Law in the West Bank. All PJEP activities contribute to building capacity among targeted justice sector officials and institutions and are directed to supporting the priorities and objectives of those officials and institutions. This section describes this quarter’s progress, challenges, and results.

Component 1 – Enhance accessibility and efficiency of targeted justice sector institutions

The goal of these activities is to enable the judiciary to become more responsive to the public and to improve court user satisfaction in the fairness, accessibility, and efficiency of court processes and services. Rapid and visible improvements in the court processes and services are a priority for the HJC. The MOJ also plays an important role in developing policy, formulating, coordinating, and implementing strategic plans, and in managing relationships with other justice sector institutions that provides critical services to the public. Therefore, focusing PJEP’s assistance on strengthening the public services provided by the MOJ, and its impact upon public capacity, is a priority. This component contains two subcomponents:

upgrading the capacities of the HJC, and strengthening targeted functions within the MOJ.

Subcomponent 1A - Upgrade the capacities of the HJC

Key Result Area: Improve HJC services to the public

Court Upgrades: During this quarter, PJEP began the upgrades and delivery of furniture and equipment for 12 West Bank courts. PJEP and the HJC identified the following courts to receive assistance: Salfit, Nablus, Jenin, Tubas, Tulkram, Qalqilia, Ramallah, Bethlehem, Dora, Halhoul, Hebron, and

Jericho. The upgrades included the carpentry work and the installation of A/C units, delivery of fax machines and photocopiers as well as the delivery of counters. PJEP also delivered safe deposit boxes to the courts. The upgrades to the various courts and departments are part of

PJEP’s overall goal to improve services provided to the public and to assist the HJC to become a more efficient and better functioning justice sector institution as well as to create an improved working environment for the staff.

In addition, at the beginning of the quarter, PJEP completed installing metal shelving in the

Civil Judgment and Notary Public departments as well as the Court Registries office for the

Jenin, Nablus, Halhoul, Ramallah, Bethlehem and Qalqilia courts. The shelving will create a more efficient way of archiving court documents, keep court records well-organized, and make it easier to retrieve documents.

Also during the quarter, PJEP installed queuing systems in eight courts. The queuing systems will help ease the public’s access to the courts and will assist court staff to work efficiently and provide better service. The Chief Justice, the head of Court Administration, the HJC

Secretary and the HJC Director General visited the courts after the upgrades in Hebron, PJEP provides queuing systems to the Jenin court

PJEP Quarterly report #7 8 of 31

Halhoul, Dora, and Bethlehem and expressed their satisfaction with all the support that PJEP has provided.

The Chief Justice stated that he is impressed with all the modern equipment installed in those courts which include glass counters, queuing systems, and metal shelving. He stressed that the queuing systems have benefited the courts and have enabled court staff to work in a more organized manner, allowing them to provide better service to public.

Upgrading the Ramallah Conciliation Court: PJEP was requested by USAID to collaborate with the USAID PACE project to rehabilitate one of the busiest courts in Ramallah. The Ramallah Conciliation Court handles all misdemeanor cases, and a wide range of civil cases related to land, property, and basic commercial disputes. As such, this activity is based on the need for more efficient use of space for public customers, including queuing systems, additional seating, and air conditioning. It will also separate judges from public areas, helping to control public access and provide judges with an improved work environment. The refurbishment will also improve filing areas and create appropriate, locked areas for evidence storage. PJEP will provide the court with furniture and

IT equipment and will pay for engineering and architecture fees while the USAID funded

PACE project will rehabilitate and upgrade the court structure.

At the beginning of this quarter, PJEP along with the PACE project conducted several site visits as a pre-renovation assessment to examine the type of work that will be conducted and to determine a start date. Once the assessment was completed and a start date was selected the

HJC moved its entire staff and opened the fifth floor for court business. Then the rehabilitation process began with the demolition of the court. Soon after, the space partitioning began as well as the electro-mechanical work. The rehabilitation of the court continued with the partition of the walls going up on the second and third floors of the court.

Later in the quarter, the installation of floor tiling in the second and third floors of the court began.

PJEP and the PACE Project have conducted many visits to the court in order to follow-up on rehabilitation of the Ramallah Conciliation court and make sure the process is going smoothly and on schedule. The Chief Justice also conducted visits to the court and PJEP regularly provide him updates on the progress of the court’s rehabilitation efforts.

Furthermore, PJEP is working to document the upgrades by taking video footage of scenes before, during and after the rehabilitation of the court. PEP is also conducting interviews with court staff and court users. The information that will be gathered will help determine the impact of this project activity as well as document the work that is taking place.

Installing electrical wires at the

Ramallah Conciliation Court

PJEP Quarterly report #7 9 of 31

Supporting the HJC: To further aid the justice sector institutions, PJEP recruited 43 data entry interns to assist the Salfit, Nablus, Jenin, Tubas, Tulkram, Qalqilia, Ramallah, and Bethlehem, Dora, Halhoul, Hebron, and Jericho courts. The PJEP’s interns are working to enter data into the Al Mizan 2 program and scan backlogged documents using the heavy duty scanners PJEP provided. The assistance will help the departments reduce its case backlog and assist in archiving documents that have yet to be handled. The interns received training and an orientation on how to conduct the needed work for the court departments. In addition, PJEP has provided the

HJC with computers in order to help reduce the information backlog. This activity is part of PJEP’s efforts to help reduce the backlog of documents in the courts.

During this quarter, PJEP and the HJC assigned the interns to work in the Civil Judgment, Notary Public and Notification departments. These departments were chosen because they have the most case backlog and reducing these backlogs are department priorities. To date, PJEP interns have entered a total of 135,488 documents in the Al Mizan 2 program.

Technical Support to the HJC: In continuing its efforts to assist the HJC, PJEP contracted several consultants to assist in building the capacity of the justice sector institutions. Those contracted include an IT consultant, a Statistical consultant, a Legal Research consultant, a

Senior Court Administration Specialist, Case Weighting consultants and a Justice Sector

Institutions Specialist. Below is a description of each consultant’s deliverables.

IT consultant: During the quarter, PJEP’s IT consultant met with the MOJ IT Manager and

PJI Director to discuss the PJI Information and Communication Technology (ICT) needs.

After several meetings the consultant completed the PJI’s ICT needs assessment and specification report that included hardware and software needs, network upgrade and training needs of the PJI staff. In addition, a business process analysis and software specifications for the PJI Diploma Information Management Software (DIMS) was developed. PJEP will set up the DIMS for the PJI in order to manage registration, course attendance, and other technical and administrative issues for the Diploma Judicial Studies program (DJS) that the PJI conducts for lawyers who are interested in becoming judges.

The consultant met with the Deputy Minister and IT Manager at the MOJ in order to discuss the upgrade needs for the MOJ’s Justice Record System (JRO). The consultant also met with the IT Manager, Justice Record Manager, Translation and Arbitration Managers and Network

Administrator at the MOJ in order to finalize the MOJ ICT needs assessment report. This report included an initial budgetary analysis, and an assessment of the needed upgrades to the

Document Management System (DMS) and JRO, the network upgrade, software applications, and training needs.

The IT consultant also met with the HJC IT manager in order to discuss a more cost effective and faster solution to the existing Wide Area Network (WAN) that is used to connect all West

Bank courts, the HJC administrative office and the public. The consultant compiled a report that included a technical analysis of the existing technologies as well as a recommendation for

PJEP provided the HJC with interns to assist courts reduce the backlog in documents

PJEP Quarterly report #7 10 of 31 an alternative solution. In addition, the Voice-Over Internet Protocol (VOIP) systems specifications were discussed in several meetings with the HJC IT Department. Reports from the meetings were developed which outlined specifications for changes and upgrades to the

HJC IT Department. In addition, the consultant has begun working on developing the HJC

ICT needs assessment. The needs assessment will help determine the type of support PJEP will provide to the HJC ICT. Additional meetings will take place next quarter in order to finalize the needs assessment report. This report is due in January 2013. Furthermore, the IT consultant met with HJC Training Manager in order to discuss the business process analysis and software specifications for the Training Information Management System (TIMS) software needed to manage training activities at the HJC. The consultant will develop a report that includes the needs and specifications for the TIMS which will be submitted early next quarter.

Statistical consultant: The PJEP Statistics Specialist who is embedded at the HJC provided technical assistance during the quarter. The Specialist worked on developing a new methodology for data collection which has helped the technical office produce more accurate data reporting. The new methodology included developing data collections forms that are helping the HJC Technical Office statistics staff to analyze court data and produce reports using the Al Mizan software. The new methodology is also facilitating the production of these reports in a timelier manner as well as making the reports more understandable and user friendly. The HJC technical office regularly produces statistical reports that include the impact of the work being conducted in the courts. The Specialist also trained court staff on using the new methodology and data collection forms. The training included how to use the

Statistical Package for Social Science (SPSS) for statistical analysis. Training is expected to be completed next quarter.

Furthermore, the Specialist has developed indicators that are helping to measure the court’s performance. The Specialist reviewed the statistical analysis in the 2011 HJC Annual Report and submitted a report that included a number of recommendations to the head of the Court

Administration department. Some recommendations included having more accurate data and charts as well as having a better review of the document before production.

Legal Research consultant: PJEP’s Research consultant who is embedded at the HJC in order to assist the Research Department conduct legal and judicial work completed a number of tasks this quarter. The consultant submitted a paper to the Chief Justice about the role of the judicial authority in providing the income tax department with details related to the work of legal professionals. The Researcher continued developing the feasibility study on the necessity to have a Constitutional Court in Palestine that included a constitutional review of different legal systems. The paper will be used by the Chief Justice for an upcoming workshop regarding the possible creation of a Constitutional Court in Palestine. In addition, the consultant developed a paper titled “How to Achieve Justice in Palestine” at the request of the Chief Justice. This paper was submitted to the Regional Conference for the Protection

Project that was held on December, 2012 in Alexandria, Egypt. The main task of the consultant is to improve the research processes in the department.

Senior Court Administration Specialist: PJEP’s Senior Court Administration Specialist is assisting the HJC in creating a comprehensive model court approach for the development of improved case management processes and to strengthen internal court management systems.

Model courts can be an effective tool for the development, testing and validation of improved

PJEP Quarterly report #7 11 of 31 caseflow processes and other court improvements. A small number of courts - three or four -would be selected by HJC and PJEP to serve as model courts.

This quarter, the Specialist and the COP met with the head of the HJC Planning Department in order to discuss the model court selection process and initial activities. The Specialist also gathered information from the HJC in order to develop a model court study. The model court study was completed this quarter and submitted to the HJC for review and feedback. Further steps and implementation are currently suspended due to the congressional hold on funds.

Case Weighting Consultants: Also this quarter, PJEP’s Senior Court Administration

Specialist worked with the Case Weighting consultants who were contracted to develop a case weighting study. Case weights are statistical values that represent the amount of work

(typically the judge’s work) that needs to be expended within the courts to resolve cases.

Once developed and approved, case-weighting formulas can be used to evaluate the total number of judges needed in a judicial system and for allocation of judgeships within that system.

During the quarter, the consultants met with the chief clerk and collected information regarding the criminal case types, the length of each case type proceeding, and the amount of the judges’ effort required at each case stage. The consultants conducted similar meetings with 5 judges from the Nablus First Instance and Conciliation courts. In addition, the Case

Weighting consultants met with a judicial focus group selected by the Chief Justice in order to assist in developing the case weight standards. The Case Weighting consultants submitted a case weighting report that included the methodology, statistical model showing any possible need for judgeship positions based on actual caseload, an estimated number of judges needed to address current case load, and a formula to calculate the number of judges needed to address case backlog. The case weighting report is being submitted to the HJC for review and feedback. Further steps and implementation are currently suspended due to the congressional hold on funds.

Justice Sector Institutions Specialist: The Justice Sector Institutions Specialist visited the

Ramallah Notification Department in order to develop recommendations to improve the work performance in the department. The Specialist met with the Notification Director who explained the notification process conducted by the court notifiers and the department’s management. The Specialist is currently visiting other West Bank Notifications departments for the purpose of gathering information that will assist in developing a report that will include the findings, challenges and recommendations for improving the notifications process in the courts.

Key Result Area: Provide training and technical assistance to HJC and MOJ Departments

Subcomponent 1B - Strengthen targeted functions within the MOJ

Key Result Area: Improve MOJ public services

MOJ Hebron Office Upgrades: This quarter, PJEP completed the installation of the customer service counter and A/C units at the MOJ Hebron office.

PJEP also provided the office with desktop computers, uninterruptible power supply units (UPS) and furniture. The upgrades to the MOJ Hebron office are part of PJEP’s goals to provide better services to the public and to create an improved working environment for the MOJ staff.

PJEP Quarterly report #7 12 of 31

The New MOJ Space: During the quarter, the MOJ along with PJEP hosted the MOJ facility inauguration ceremony on October 17, 2012 attended by the

Mission Director and PJEP’s COP. Also in attendance were the Deputy Minister, the Deputy Assistant for Administrative and Financial Affairs, and the acting Attorney General.

Attendees also included Palestinian Legislative Council

Members, the head of the Palestinian Judicial Institute, the

Minister of Planning Affairs, the Legal Advisor to the

President’s Office, the head of the Bar Association, the head of the Civil Service Bureau and the Secretary General of the

Palestinian Legislative Council. In his opening speech, the

USAID Mission Director commented that he is impressed by the recent positive developments that occurred between the Palestinian ministries, and that

USAID is honored to contribute to such progress. He also stressed that USAID is pleased to work with the MOJ and that USAID will continue to support the services the Ministry provides to the Palestinian public. The Minister of Justice thanked USAID for their support and funding for the new space, and described USAID as a strategic partner in the development process of the justice sector in Palestine. After the ribbon cutting, the Minister took the USAID Mission Director and the invited guests on a tour of the new facility. PJEP provided furniture and IT equipment to several departments including the Legal Affairs

Department, the Justice Information Center and the JLC office.

MOJ Authentication Services: In the Ramallah MOJ office, PJEP is currently working with the MOJ’s Authentication Department on the “Filing Backlog Document Project”. The project aims to electronically archive official documents verified by the MOJ as part of the authentication services. Archiving these official public documents will make it easier for staff to retrieve documents requested by the public, as well as to preserve the confidentiality of the documents. The assistance will also help the institution reduce its case backlog and assist in archiving documents that have yet to be archived in their proper place, both in paper files and electronically. During the quarter, PJEP recruited 4 interns to work at the MOJ. To date the interns have entered 8,354 documents into the Document Management Archiving System

(DMAS). PJEP interns will continue to work at the MOJ next quarter.

Assistance to Deputy Minister Office (DMO): To further assist the MOJ, PJEP provided the

DMO with an advisor who is embedded at the MOJ and is providing support in order to help improve the administrative procedures in the office. The support provided to the DMO will help improve the administrative practices and help the MOJ to function more efficiently and effectively.

During the quarter, the PJEP advisor worked on the following tasks. The advisor coordinated the Forensic Medicine Technical workshop. The workshop took place on Saturday November

10-14, 2012, at the Palestinian Red Crescent Society. The coordination helped the DMO to be better prepared for the workshop that addressed issues in forensic medicine. Additionally, PEJP’s advisor to the DMO coordinated the Human Rights Conference that took place on

December 10, 2012. As part of the preparations for the conference, the advisor arranged for the MOJ to meet with the head of the Office of the High Commissioner for Human Rights

(OHCHR). A similar meeting was conducted with the United Nations Office on Drugs and

PJEP provided customer service counters for the MOJ office in

Hebron

The Minister of Justice and the

USAID Mission Director cut the ribbon at the MOJ inauguration ceremony http://www.ohchr.org/

PJEP Quarterly report #7 13 of 31

Crime (UNODC). After the conference, PJEP’s advisor and the Minister of Justice met with representatives from OHCHR in order to discuss the outcome of the conference.

The advisor also arranged the visit for the consultant who developed recommendations on reforming the Palestinian judicial sector. The consultant conducted meetings with several counterparts including the Prime Minister, the Minister of Planning and the Minister of

Interior. PJEP’s advisor also met with the Dutch Representative’s Office. The purpose of the meeting was to discuss arrangements regarding a meeting with the donor community and the

MOJ. The meeting focused on the draft paper submitted by the Minister of Justice regarding reform in the justice sector. Moreover, PJEP's advisor facilitated the United Nations

Development Program (UNDP) evaluation process of the DMO staff.

Also during the quarter, the advisor along with the Deputy Minister conducted a meeting with the MOJ training committee to finalize the participants’ list of the MOJ staff who will take part in the Administrative Skills Diploma Program at Birzeit University. The Administrative

Skills Diploma Program aims to strengthen the staff’s organizational and professional skills which will help to increase work efficiency and to provide better service to the public.

Key Result Area: Assist in activation and development of the Palestinian-Israeli Joint Legal Committee (JLC)

The JLC has recently been revitalized to provide a venue for consideration of practical legal issues concerning both Palestinian and Israeli counterparts. The JLC is a venue for committee members to discuss troublesome technical issues in a technically-oriented, non-political setting.

JLC strategic plan: This quarter, the Senior JLC Specialist prepared a three year strategic plan for the JLC. The strategic plan was submitted for review and feedback to the Deputy Minister of Justice (DMOJ) who is the head of the Palestinian JLC. The strategic plan included an action plan for the coming three years and will be used as a working guide for the JLC and its activities. The strategic plan also includes the recommendation to recruit someone from within the MOJ to work with the JLC Specialist who will be able to take over the duties of the

Specialist once the PJEP contracts ends. The JLC Specialist drafted and sent a memo to the

DMOJ requesting the selection of an MOJ employee to work with the JLC Specialist.

Legal Cooperation: During this quarter, the JLC Specialist reviewed the law regarding the right of the Palestinian Authority (PA) to prosecute the drivers of cars bearing Israeli license plates that commit traffic violations in the PA territories. Currently, the PA does not prosecute the drivers of cars bearing Israeli plates that commit traffic violations in Palestinian areas. The JLC Specialist reviewed the law and the Palestinian Israeli Interim Agreement and did not find any reasons for not prosecuting the drivers of these cars. Also, in an unprecedented move, the Israeli counterpart did not object to prosecuting the drivers of Israeli plated cars who violate traffic laws in the PA territories. It should be noted that vehicles bearing Israeli license plates have in the past violated traffic laws in the PA territories and were not prosecuted. The implementation of the law allowing for prosecution of these drivers will result in enforcing the law on all vehicles and persons without discrimination.

Additionally, the Senior JLC Specialist provided the DMOJ and the Minister of Justice a summary of the Hebrew 159 page court decision issued by the Israeli District Court in

Jerusalem. This decision is a judicial precedent and may result in hundreds of lawsuits against

PJEP Quarterly report #7 14 of 31 the PA. The Specialist also received the Arabic translation of the mutual legal assistance request from the Israeli Ministry of Justice related to the enforcement of a court decision issued by the Be’er Seeva’ Family Court. The JLC Specialist has started preparing the case to be authenticated as a foreign court decision by the Palestinian MOJ and the Palestinian

Shari’a court.

Coordination Meetings: Early this quarter, the Senior JLC Specialist met the Rule of Law

Quartet representative and the MOJ Deputy Assistant of Legal Affairs. The purpose of the meeting was to discuss JLC progress and the findings of the legal paper produced by the Specialist on the interim agreement related to Palestinian jurisdiction on Israeli ID holders who commit crimes in the Palestinian territories. The participants of the meeting will review and provide feedback on the legal paper which will be used as a guide when handling such cases. Additionally, the JLC

Specialist also met with the fingerprint expert from the Ministry of

Interior’s Fingerprints Department. The JLC Specialist answered the expert’s inquiries about the criminal police investigations and evidence procedures.

Upon the request of the MOJ, the Senior JLC Specialist met with the Negotiations Support Unit (NSU) and the JLC member. The purpose of the meeting was to gather information regarding the Palestinian-Israeli Interim

Agreement.

Moreover, the DMOJ, the JLC Specialist and the Chief of the Palestinian Liaison Police participated in a meeting with the EUPOL COPPS representatives. The purpose of the meeting was to discuss the continued work of coordinating the project being implemented by the EUPOL COPPS and UNOPS concerning the criminal police coordination under the supervision of the JLC MOJ. The DMOJ wanted to ensure that any Palestinian activities related to legal cooperation with Israeli counterparts are coordinated under the supervision of the JLC MOJ. The EUOPL COPPS representative and the Palestinian Liaison Police Chief discussed with the JLC Specialist the possibility of conducting a training course targeting the

Liaison Police members on the implementation of the Annex 4 of the Palestinian-Israeli laws.

PJEP, after consultation with USAID is moving forward on this request.

Component 2 – Strengthen the capacity and credibility of justice sector professionals

Under this component, PJEP is working with the PJI staff to develop PJI’s DJS courses while taking into account the results of both needs and impact assessments. The courses will target judges, court staff, prosecutors, and other PJI audiences. PJEP is working to strengthen core and specialized legal skills for judges and court staff as well as build the capacity of the PJI staff to develop training impact assessments. PJEP is also working with a number of law schools to conduct local, national and international moot court competitions and has helped establish and upgrade reliable computer labs and moot court facilities for the partnering universities.

Key Result Area: Strengthen the capacity of the PJI

Develop DJS Courses: In a major accomplishment this quarter, PJEP distributed an estimated

800 copies of the Civil Law course to the PJI, HJC, law schools, public libraries, the Bar

PJEP published the Civil Law course for the PJI's

PJEP Quarterly report #7 15 of 31

Association, and NGOs. PJEP developed and produced the Civil Law course for the DJS program last quarter. The Civil Law course material includes case study exercises and court precedents that will assist in fostering the practical skills of the course. This course is the first of its kind to be added to the DJS program and is anticipated to be introduced into the program in the coming months. PJEP will develop additional courses for the DJS program over the next several months. To date, PJEP has begun developing the Commercial Law, Contracts Law and Land Law course materials. The Component 2 leader will review the draft manuals before submitting the course materials to the HJC judicial committee for final review and approval. The courses will be added to the PJI DJS program which is offered to lawyers who are planning to become practicing judges.

PJI’s Diploma Judicial Studies (DJS) Trainings: In order to further assist the PJI in implementing the DJS program, PJEP conducted a number of trainings for the registered 20 students taking part in the program. During the quarter, PJEP completed a three day training beginning on October 11, 2012 and held at the Intercontinental Hotel in Jericho. The training focused on human rights issues, conducting fair trials, and juvenile justice cases. The PJI Director spoke at the opening session and stated the significance of this training in enhancing human rights principles among the participants. He also thanked USAID/PJEP for the support they have been providing to strengthen the justice sector.

PJEP’s COP stressed USAID/PJEP’s readiness to support the PJI in order to improve the justice sector in Palestine.

On November 29, 2012 PJEP conducted the Judicial Mediation training at the Movenpick

Hotel in Ramallah for the students of the DJS program. The training focused on how to conduct judicial mediation using practical skills training, procedures for conducting mediation, and the different types of judicial mediation used globally.

Also during the quarter, PJEP’s Case Management consultant conducted a training session on case management for the students in the DJS program. The two hour training focused on how to conduct fair trails, the responsibilities of the judge for conducting hearings in a timely manner, and other case management procedures.

Press releases on the training were posted on the following websites:

http://www.maannews.net/arb/ViewDetails.aspx?ID=528964 http://www.wattan.tv/new_index_hp_details.cfm?id=a5344719a2815440&c_id=11#.UHrKqs

Up__M

Key Result Area: Strengthen core and specialized legal skills for judges and court staff

Judicial Continuing Education Program: In the beginning of the FY 2012, a request was submitted to PJEP by the HJC Training

Department to assist with developing the continuing education plan for the Judicial

Continuing Education Program at the PJI. PJEP developed a list of training priorities for continuing education development based on

PJEP implemented the Judicial

Mediation training for the DJS program students

Criminal Procedures Law training for judges http://www.maannews.net/arb/ViewDetails.aspx?ID=528964 http://www.wattan.tv/new_index_hp_details.cfm?id=a5344719a2815440&c_id=11#.UHrKqsUp__M http://www.wattan.tv/new_index_hp_details.cfm?id=a5344719a2815440&c_id=11#.UHrKqsUp__M

PJEP Quarterly report #7 16 of 31 various discussions conducted with several HJC departments and judges and on the results of a survey PJEP conducted for judges at the HJC Judicial Annual Conference. PJEP along with the PJI and HJC Training Department then compiled a list of training topics to be conducted for the judges. The continuing education program targets practicing judges in order to refresh their skills and enhance their knowledge in specialized areas of the law and core judicial skills.

This quarter, PJEP conducted a number of three day “Criminal Procedures Law” trainings.

These trainings are part of a series of trainings that began last quarter. In total, 19 Conciliation judges and 23 First Instance judges took part in this training held at the Movenpick Hotel in

Ramallah on October 18, 2012 and November 29, 2012. The trainings were facilitated by senior judges from the Court of Appeals and the First Instance court. The training topics included the competence of the criminal judges, detention, bail and evidence used in criminal cases. Topics also included appeals of a verdict, juvenile justice, and authorized judicial seizures.

http://www.maannews.net/arb/ViewDetails.aspx?ID=531050&MARK=%D8%AA%D8%B9

%D8%B2%D9%8A%D8%B2 http://www.wattan.tv/new_index_hp_details.cfm?id=a3312871a9494459&c_id=1#.UIVmqsU slX0

Court Staff Training: PJEP’s Senior Training specialist conducted several meetings with the

HJC Training Department and the head of the Court Administration unit in order to prepare for trainings that took place this quarter. PJEP developed a training schedule that included customer services training, forgery detection training, registration law training, civil judgment training, and civil servant law training. By conducting these trainings for West Bank court staff PJEP has enabled the staff to work more efficiently and assisted the court staff in delivering better services to the public.

Customer Services Program: The goal of the customer service trainings has been to enhance court staff’s communications skills as well as equip the staff with skills that will facilitate better customer care for the public. The customer service training topics included communications behaviors, customer service basic skills and how to preserve the confidentiality of court case files. In total 15 separate trainings took place at the Movenpick

Hotel in Ramallah for 322 West Bank court staff.

PJEP’s COP and the head of the Court Administration department attended all 15 closing ceremonies of the courses and awarded certificates of completion to each trainee. In his speech, the head of the Court Administration unit stressed the crucial role of the court staff in delivering better services to the public. He commented that such courses are essential as they help provide the court staff with the needed skills to better communicate with the public. He thanked USAID/PJEP for supporting the training. PJEP’s COP stated that the court staff plays a significant role in enhancing and promoting principles of the Rule of Law in Palestine, and that developing their capacities

West Bank court staff who participated in the customer service training http://www.maannews.net/arb/ViewDetails.aspx?ID=531050&MARK=%D8%AA%D8%B9%D8%B2%D9%8A%D8%B2 http://www.maannews.net/arb/ViewDetails.aspx?ID=531050&MARK=%D8%AA%D8%B9%D8%B2%D9%8A%D8%B2 http://www.wattan.tv/new_index_hp_details.cfm?id=a3312871a9494459&c_id=1#.UIVmqsUslX0 http://www.wattan.tv/new_index_hp_details.cfm?id=a3312871a9494459&c_id=1#.UIVmqsUslX0

PJEP Quarterly report #7 17 of 31 leads to more efficiency in court performance and builds the public's confidence in the

Palestinian justice system.

The trainees expressed great satisfaction with the training and indicated that the topics were relevant to their needs. The trainees stressed that the training in customer service will help them provide better services to the public. The trainer commented that the trainees were very proactive and eager to learn, and stressed that the training program was comprehensive and covered issues related to customer service and professional conduct in the workplace.

Forgery Detection Training: Also this quarter, PJEP completed two separate four day trainings on the subject of Forgery Detection. The training took place at the Movenpick Hotel in Ramallah and targeted 25 West Bank Notary Public officers. The training focused on the scientific and practical methods used to detect court files’ forgery. The trainees commented that the training was very interesting and useful as it enabled them to detect forged stamps, signatures and transactions.

Registration Law Training: PJEP conducted training on registration law and procedures for

21 registration court staff from all West Bank courts. The training was facilitated by two HJC staff, who took part in the Training of Trainers (TOT) program that PJEP completed in early

June, 2012. PJEP’s Senior Training Specialist supported the trainers and provided guidance as needed. The trainees commented that the training is relevant to their needs and helped in unifying the procedures in all courts.

During the opening session the head of the Court Administration unit stressed the importance of the training in enhancing the justice sector in Palestine and developing the capacity of the court staff.

Civil Judgment Law Training: This quarter, PJEP conducted three separate trainings for West

Bank civil judgment officers. On October 11, 2012

14 civil judgment officers from all West Bank courts took part in the civil judgment law and procedures training. On October 18-19, 2012 18 civil judgment officers took part in training on how to implement civil judgment decisions that are handed down by the judge. And on November 22-

23, 2012 18 civil judgment officers took part in the civil judgment case filing and procedures training.

The trainings were facilitated by a judge and a HJC staff member, who took part in the Training of

Trainers (TOT) program that PJEP completed in early June, 2012. PJEP’s Senior Training Specialist supported the trainers and provided guidance as needed. The trainees expressed their satisfaction with the training, saying that it addressed their needs and strengthened their knowledge on various civil judgment procedures and processes.

Notary Public staff takes part in

Forgery Detection training

PJEP conducts trainings on Civil Judgment Law

PJEP Quarterly report #7 18 of 31

PJEP’s COP and the head of the HJC Court Administration unit took part in all of the closing session of the trainings. PJEP’s COP stressed that PJEP will do its best to continue supporting the justice system in Palestine. The head of the Court Administration unit commented that such trainings are significant because they enhance the court staff’s skills and knowledge.

Civil Servant Law: This quarter, PJEP conducted training on civil servant law for 25 notification staff from the northern part of the West Bank and 22 notification staff from the southern part of the West Bank. The training was facilitated by two HJC court staff, who took part in the Training of Trainers (TOT) program that PJEP completed in early June, 2012.

PJEP’s Senior Training Specialist supported the trainers and provided guidance as needed.

The trainees commented that the training addressed their needs and has helped them to enhance their knowledge and skills on civil servant law.

Unified Procedures Manuals: This quarter, PJEP finalized the first draft of the court Unified

Procedures Manual for the Notary Public, Civil Judgment and Notification Departments and the Court Registry Office. The manual will be used by court staff to help standardize court procedures and transactions for all of these departments. Lawyers and court users will also have access to the manuals which will help them to better understand how court procedures work. In total 20,000 copies will be printed and distributed next quarter, pending funding availability.

Key Result Area: Strengthen practical legal education

Bilateral Moot Court Competition in

Jordan: The Bilateral Moot Court

Competition sponsored by PJEP is the first of its kind to take place in

Jordan. The competition was held on December 11, 2012 in Amman, Jordan at the Amman

Ahliya University. Five law students from the Palestinian An Najah University, accompanied by two PJEP staff, traveled to Jordan to take part in the moot court competition against six law students from Amman Ahliya University.