MADA: Two courts proceeding Al-Shayeb’s case at the same time

PNN/ Ramallah/

The Palestinian Center for Development and Media Freedoms (MADA) demands an end to the sufferance of the journalist Yousif Al-Shayeb who was detained and trialed for a report he has written and published in a Jordanian newspaper 3 years ago. Al-Shayeb case faced many errors; where now the Court of Appeals and Magistrate Court are both proceeding his case-which shows a huge error in the judging procedure.

The Magistrate Court held today 17/6/2015 a hearing session for Al-Shayeb with the absence of the case’s parties (Al-Shayeb & the Complainants), yet they dealt with Al-Shayeb as present. It should be pointed out that the Court of Appeals already held a hearing session for the same case yesterday.

MADA’s lawyer Mr. Raed Abdul Hamid said that he will file a complaint tomorrow to the Judicial Inspection Unit against this error.

The Court of Appeals held yesterday 16/6/2015 a hearing session to decide about Al-Shayeb’s case based on an appeal request filed by MADA’s lawyer Mr. Raed Abdul Hamid who defends Al-Shayeb’s case. Mr. Abdul Hamid referred to the court of appeals after the magistrate court disagreed on the defenses he filed for Al-Shayeb in February 2015; where he demanded not to accept the case. It should be pointed that the magistrate court kept proceeding Al-Shayeb’s case at the time they should stop as long as it is transferred to the court of appeals; which is a violation against the legal procedure. This violation irritated and surprised the appeal judge in the hearing session that was held yesterday, where he promised to work to correct this error and to put an end to it.

Mr. Abdul Hamid said that it is illegally permissible for the magistrate court to proceed the same case in which the court of appeals is proceeding. He also pointed out that this error shows a duality in proceeding the cases or the magistrate court might have had a belief in advance that its decision will be approved; which shows a mess in following up with the cases.

He added: “This action is risky for Al-Shayeb; where he was trialed regardless his absence at the magistrate court/where he did not attend/ since it is supposed that the work of the court of appeals automatically stops the work of the magistrate court. Therefore, the decision of the magistrate court violated the legislated right of defense and creates a contradiction if the court of appeals approved the lawyer’s defense-which was refused at the magistrate court-,”

Al-Shayeb said that he did not attend the session today because it is illegal; where the appeals judge was surprised that the magistrate court is still proceeding his case. He also explained that he suffered since his case started; where he was forced to attend all of the court’s sessions that were held throughout the past 3 years; which affected his work and commitments.