Decision of the Council of Ministers No. 99 of 2005 Concerning the Establishment of a Judicial Police Force

Decision of the Council of Ministers No. 99 of 2005 Concerning the Establishment of a Judicial Police Force

The Council of Ministers,

Having reviewed the Amended Basic Law of 2003,

Having reviewed the recommendations of the Steering Committee for the Development of the Judiciary and Justice on 25 and 26 June, 2005, and

Based upon what the Council of Ministers approved under No. 16/21/9 during its session in Gaza on 12 July, 2005,

hereby decides the following:

Article 1

A special force to be called the ‘Judicial Police’ shall be established in the Directorate of the Police and report to the Director of the Police.

Article 2

The Minister of Interior and National Security shall assign the Director of the Police and those whom he deems fit to follow up with and examine the material and human needs necessary for the establishment of such a force, as well as determine its duties and structure, in coordination with the Steering Committee for the Development of the Judiciary and Justice, taking into consideration the recommendations originating from the workshop held in the city of Jericho on the Judiciary and Security on 25 and 26 June, 2005, as follows:

1. A Judicial Police Department that reports to the Director of the Police shall be established and developed. Its function shall be:

• To implement the final decisions of the courts, as well as the decisions of the Public Prosecution.
• To protect the buildings housing the courts, judges, the Public Prosecution, and the officials therein.
• To transport and protect persons held in custody and convicts.
• To draft the summons issued by the courts to witnesses and accused to attend sessions.
• To make legal notifications.

2. Such a force shall include members specialised in dealing with incidents, as well as female members, for the enforcement of the law in the searching of women held in custody and female convicts.
3. The relation between the Departments of Procedure at the courts and the Judicial Police shall be restricted to the Departments of Procedure exclusively. The Police shall provide the protection necessary for them during the performance of their duties.
4. The Judicial Police may not be assigned to any duties beyond the scope of their responsibilities.
5. Such a force may implement and issue subpoenas in a timely manner and deliver them within a sufficient period prior to their referral to the Police.
6. Such a force shall abide by the rules and regulations pertaining to control and damage pursuant to the provisions of the law.

Article 3

The Minister of the Interior and National Security shall submit the final proposal on the formation of the Judicial Police within two (2) months from the date of this decision.

Article 4

All competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this decision, which shall enter into force as of the date of its promulgation and shall be published in the Official Gazette.

Issued in the city of Ramallah on 12 July, 2005 AD, corresponding to 6 Jumad Akhar 1426 AH.

Ahmed Qurei’

Chairman of the Council of M
inisters