GAZA-JERICHO AGREEMENT
ANNEX III
PROTOCOL CONCERNING LEGAL
MATTERS
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Article I
Criminal Jurisdiction
1. The
criminal jurisdiction of the Palestinian Authority covers all offenses
committed in the areas under its territorial jurisdiction (hereinafter, for the
purposes of this Annex, "the Territory") subject to the provisions of
this Article.
2. Israel
has sole criminal jurisdiction over the following offenses:
i.
offenses committed in the
Settlements and the Military Installation Area subject to the provisions of
this Annex; and
ii. offenses
committed in the Territory by Israelis.
3.
In exercising their criminal
jurisdiction, each side shall have the power, inter alia, to investigate,
arrest, bring to trial and punish offenders.
4.
In addition, and without
derogating from the territorial jurisdiction of the Palestinian Authority,
Israel has the power to arrest and to keep in custody individuals suspected of
having committed offenses which fall within Israeli criminal jurisdiction as
noted in paragraphs 2 and 7 of this Article, who are present in the Territory,
in the following cases:
i.
The individual is an Israeli,
in accordance with Article II of this Annex; or
1. The
individual is a non-Israeli suspected of having just committed an offense in a
place where Israeli authorities exercise their security functions in accordance
with Annex I, and is arrested in the vicinity in which the offense was
committed. The arrest shall be with a view to transferring the suspect,
together with all evidence, to the Palestinian Police at the earliest
opportunity.
2. In
the event that such an individual is suspected of having committed an offense
against Israel or Israelis, and there is a need for further legal proceedings
with respect to that individual, Israel may retain him or her in custody and
the question of the appropriate forum for prosecuting such a suspect shall be
dealt with by the Legal Committee on a case-by-case basis.
5.
In the case of an offense
committed in the Territory by a non-Israeli against Israel or an Israeli, the
Palestinian Authority shall take measures to investigate and prosecute the
case, and shall report to Israel on the result of the investigation and any
legal proceedings.
i.
Tourists in transit to or
from Israel through the Gaza Strip or the Jericho Area, who are present on the
Lateral Roads or on the main North-South road crossing the Jericho Area (Route
No. 90), may be arrested and questioned only by the Israeli authorities which
shall notify the Palestinian Authority. Where the Israeli authorities conclude
that an offense under the prevailing law has been committed, and that further legal
proceedings in respect of the tourist are required, such proceedings shall be
taken by the Palestinian Authority.
ii.
Where such a tourist present
outside these areas is detained or arrested by the Palestinian Authority, it
shall notify the Israeli authorities immediately and shall enable them at the
earliest opportunity to meet the detainee and to provide any necessary
assistance, including consular notification, requested by the detainee.
6.
Nothing in this Article shall
derogate from Israel's criminal jurisdiction in accordance with its domestic
laws over offenses committed outside Israel (including in the Territory)
against Israel or an Israeli with due regard to the principle that no person
can be tried twice for the same offense. The exercise of such jurisdiction
shall be subject to the provisions of this Annex and without prejudice to the
criminal jurisdiction of the Palestinian Authority.
Article II
Legal Assistance in Criminal Matters
1.
General
i.
Israel and the Palestinian Authority shall cooperate
and provide each other with legal assistance in criminal matters. Such
cooperation shall include the arrangements detailed in this Article.
ii.
For the purpose of this Article, "Israeli
military forces" may include Israel Police and other Israeli security
forces.
iii.
Documents served by one Party in the territory under
the responsibility of the other, shall be accompanied by a certified
translation into the official language of the other Party.
2.
Cooperation in Criminal Matters
i.
The Israel Police and the
Palestinian Police shall cooperate in the conduct of investigations. Subject to
detailed arrangements to be agreed upon, such cooperation shall include the
exchange of information, records and fingerprints of criminal suspects, vehicle
ownership registration records, etc.
ii.
Where an offense is committed
in the Territory by an Israeli acting jointly with an individual under
Palestinian personal jurisdiction, the Israeli military forces and the
Palestinian Police will cooperate in conducting an investigation.
iii.
The Palestinian authorities
shall not arrest or detain Israelis or place them in custody. Israelis can
identify themselves by presenting Israeli documentation.
However, where an Israeli commits a crime against a person or property in the
Territory the Palestinian Police upon arrival at the scene of the offense shall
immediately notify the Israeli authorities through the relevant DCO. Until the
arrival of the Israeli military forces the Palestinian Police may, if
necessary, detain the suspect in place while ensuring his protection and the
protection of all those involved and shall prevent interference with the scene
of the offense, collect the necessary evidence and conduct preliminary
questioning.
iv.
Without derogating from the
jurisdiction of the Palestinian Authority over property located or transported
within the Territory, where the property is being transported or carried by an
Israeli, the following procedure shall apply: The Palestinian authorities have
the power to take any measures necessary in relation to Israeli vehicles or
personal belongings where such vehicle or belongings have been used in
commission of a crime and present an immediate danger to public safety or
health. When such measures are taken the Palestinian authorities shall
immediately notify the Israeli authorities through the relevant DCO, and shall
continue to take the necessary measures until their arrival.
i.
When an Israeli is suspected
of committing an offense and is present in the Territory, the Israeli military
forces shall be able to arrest, search and detain the suspect as required, in
the presence of and with the assistance of the Palestinian Police.
ii.
When an Israeli commits an
offense and is present in the Yellow Areas or on the Lateral Roads and their
adjacent sides as defined in Annex I, the Israeli military forces may, without
derogating from the territorial jurisdiction of the Palestinian Authority,
arrest, search and detain the offender and shall notify the Palestinian Police
immediately, provide it with all necessary information, and coordinate wherever
possible.
3.
When an offense is committed inside a Settlement,
and all those involved are Palestinians of the Gaza Strip or the Jericho Area
or their visitors, the Israeli military forces shall notify the Palestinian
Police immediately and shall hand over the offender and the collected evidence
to the Palestinian Police unless the offense is security-related.
4.
Restraining Orders
Each side shall execute
orders issued by the competent organ of the other side restraining a person
under the jurisdiction of that side from travelling abroad.
5.
Summons and Questioning of Witnesses
i.
Where the statement of a
witness who is an Israeli or other person present in Israel is required for a
Palestinian investigation, the statement shall be taken by the Israel Police in
the presence of a Palestinian Police officer in an Israeli facility at an
agreed location.
ii.
Where the statement of a
non-Israeli witness present in the Territory is required for an Israeli
investigation, the statement shall be taken by the Palestinian Police in the
presence of an Israeli police officer in a Palestinian facility at an agreed
location.
iii.
In exceptional cases, each
side may take a statement requested by the other side itself, without the
presence of the requesting side.
6.
Transfer of Suspects and
Defendants
i.
There a non-Israeli suspected of, charged with or
convicted of an offense that falls within Palestinian criminal jurisdiction is
present in Israel, the Palestinian Authority may requesIsrael to arrest and
transfer the individual to the Palestinian Authority.
ii.
Where an individual suspected of, charged with or
convicted of an offense that falls within Israeli criminal jurisdiction is
present in the Territory, Israel may request the Palestinian Authority to
arrest and transfer the individual to Israel.
iii.
Requests under subparagraphs a. and b. above shall
specify the grounds for the request and shall be supported by an arrest warrant
issued by a competent court.
iv. Where the request is for
the transfer of a suspect who is not a Palestinian requested by the Palestinian
Authority:
1. the
arrest warrant shall only be issued pursuant to an application made by or on
behalf of the Attorney-General, confirming that there is reasonable evidentiary
basis that the offense was committed by the suspect;
2. the
offense must be punishable by not less than 7 years' imprisonment under the law
of the requesting side.
3. Individuals
suspected of offenses punishable by less than 7 years' imprisonment shall be
interrogated by the investigating side in a facility of the other side or at an
agreed location.
4. Interrogation
shall take place in the presence of a police officer of the other side.
5. Upon
the request of the investigating side the other side may detain the suspect in
custody pending and during the questioning.
6. Where
the presence of the suspect is required for an objective reason such as
confronting witnesses and identification of site, the suspect shall be
transferred for that purpose only.
7. Both
sides, upon receipt of a request in accordance with this Article, shall effect
the arrest and transfer requested.
8. If
the individual requested is detained in custody or is serving a prison
sentence, the side receiving the request may delay the transfer to the
requesting side for the duration of the detention or imprisonment.
v.
No person shall be transferred in respect of an
offense punishable by capital punishment unless the requesting side undertakes
that capital punishment shall not be imposed in the case.
1.
Both sides shall take all necessary measures to
ensure that the treatment of individuals transferred under this Article
complies with the applicable legal arrangements in Israel and in the Territory
and with internationally-accepted norms of human rights regarding criminal
investigations.
2.
Suspects transferred under this paragraph shall have
the right to be assisted during the investigation period by an advocate of
their own choice.
vi.
Each side may, upon the
request of the other side, detain, for no more than seven days, an individual
in respect of whom a request for arrest and transfer is to be made, pending the
submission of such a request.
vii.
The transfer of foreigners by
Israel to the Palestinian Authority under this Article shall be subject to the
applicable conventions to which Israel is a party and in coordination with the
foreigner's state of origin.
viii.
Both sides may agree that an
individual convicted in the courts of one side shall serve his sentence in a
prison of the other side, subject to arrangements and conditions to be agreed
between the sides.
7.
Assistance in the Execution of
Court Orders for the Purposes of Investigation
i.
Israel and the Palestinian Authority shall execute
orders issued by each others' courts for the purposes of investigations (e.g.,
search warrants, orders for the production of documents and seizure orders),
subject to the provisions of local law.
ii.
Where, for the purposes of an investigation, Israel
or the Palestinian Authority requires that tests or examinations (such as
fingerprinting or blood analysis) be effected in relation to an item situated
in territory under the responsibility of the other side, that side shall effect
the tests or examinations required and transfer the results to the side
conducting the investigation. Where these results are not sufficient for the
purposes of the investigation, arrangements shall be made for the transfer of
the item to the side conducting the investigation.
8.
Legal Assistance in the
Conduct of Judicial Proceedings
i.
Summons and subpoenas issued by an Israeli court in
respect of defendants and witnesses present in the Territory, shall be effected
through the Palestinian Authority which shall be responsible for the service of
summons, and the execution of subpoenas by the Palestinian Police. Subpoenas
issued in respect of an Israeli defendant or witness shall be executed by the
Israeli military forces in the presence of and with the assistance of the
Palestinian Police.
ii.
Summons or subpoenas issued by a Palestinian court
in respect of defendants and witnesses present in Israel shall be effected
through the Israel Police who shall be responsible for the service of summons and
the execution of subpoenas.
iii.
Where the evidence of an Israeli witness is required
in connection with proceedings conducted by a Palestinian court, the evidence
of the witness shall be taken at a Palestinian court situated at an agreed
location close to one of the crossing points, and the witness shall be
accompanied by representatives of the Israeli military forces together with the
Palestinian Police.
iv. Where the evidence of a
witness is required in connection with proceedings conducted by a court of one
side, such a request will be notified to the authorities of the other side to
summon the witness.
Article III
Civil Jurisdiction
1.
The Palestinian courts and
judicial authorities have jurisdiction in all civil matters, subject to this
Agreement.
2.
Israelis conducting commercial
activity in the Territory are subject to the prevailing civil law in the
Territory relating to that activity.
Nevertheless, any enforcement of judicial and administrative judgments and
orders issued against Israelis and their property shall be effected by Israel.
Israel undertakes to execute such judgments and orders within a reasonable
time.
3.
The Palestinian courts and
judicial authorities have no jurisdiction over civil actions in which an
Israeli is a party, except for the following cases:
i.
the subject matter of the action is an ongoing
Israeli business situated in the Territory (the registration of an Israeli
company as a foreign company in the Territory being evidence of the fact that
it has an ongoing business situated in the Territory);
ii.
the subject matter of the action is real property
located in the Territory;
iii.
the Israeli party is a defendant in the action and
has consented to such jurisdiction by notice in writing to the Palestinian
court or judicial authority;
iv. the Israeli party is a
defendant in an action the subject matter of which is a written agreement, and
the Israeli party has consented to such jurisdiction by a specific provision in
this agreement;
v.
the Israeli party is a plaintiff who has filed an
action in the Territory. If the defendant in the action is an Israeli, his
consent to such jurisdiction in accordance with subparagraphs c. or d. above
shall be required; or
vi. actions concerning other
matters as agreed between the Parties.
4.
The jurisdiction of the
Palestinian courts and judicial authorities does not cover actions against the
State of Israel including its statutory entities, organs and agents.
Article IV
Legal Assistance in Civil Matters
1.
Service of Legal Documents
Israel and the Palestinian Authority will be responsible, in the areas under
their respective territorial responsibility, for the service of legal
documents, including subpoenas, issued by the judicial organs under the
responsibility of the other Party.
2.
Interim Orders
i.
Interim orders (e.g., temporary orders of
attachment, the appointment of a receiver, restraining orders) issued by
judicial organs under the responsibility of either Party will not have effect
in the areas under the territorial responsibility of the other Party.
ii.
Judicial organs under the responsibility of both
Parties will be authorized to issue interim orders which shall apply in the
areas under their territorial responsibility, even in cases in which the
primary action was filed with the judicial organs under the responsibility of
the other Party.
iii.
The judicial organs of each side may issue orders
restraining an individual from travelling abroad when the order relates to a
matter being tried by that organ, subjto the relevant provisions of the
domestic laws.
3.
Taking of evidence
Israel and the Palestinian
Authority will make arrangements for taking evidence from witnesses, when
necessary, within the areas under their territorial responsibility, when such
evidence is sought in connection with proceedings conducted by the judicial
organs under the responsibility of the other side.
4.
Enforcement of judgements
i.
Israel and the Palestinian
Authority will enforce judgements rendered by the judicial organs under the
responsibility of the other Party, provided that the judicial organ concerned
had the jurisdiction to render the judgement and further provided that the
enforcement is not contrary to public policy. The execution office under the
responsibility of Israel and the Palestinian Authority shall execute such
judgements as if rendered by their own judicial organs.
ii.
In executing any judgement
against Israelis the Palestinian execution offices will be authorized to issue
orders (e.g., attachments, receivership, eviction) against Israeli property
within the Territory.
iii.
Orders against the freedom of
Israelis (e.g., imprisonment orders, restraining orders) shall only be issued
by Israeli execution offices.
iv.
All orders issued by execution
offices against Israelis or Israeli property within the Territory will be
executed by the Israel Police with the assistance of the Palestinian Authority,
or where the Israel Police notifies the Palestinian Authority that it has no
objection, by the Palestinian Police.
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