Masa'a: The Assault on Lawyers is a Shared Responsibility to Promote a Safe and Independent Environment for Practicing the Profession

Ramallah - Afaq News - The Palestinian Center for the Independence of the Judiciary and the Legal Profession "Masa'a" has been following with interest and concern the incident of assault that colleague lawyer Obada Dweikat was subjected to this morning near the Nablus Court of First Instance, as well as the previous incident a few days ago regarding the loss of his work bag from inside the lawyers' room in the court, which contained documents and papers related to his work and the rights of his clients.

While expressing its solidarity with the colleague lawyer, the "Masa'a" Center sees the recurrence of such incidents, especially in the vicinity of justice institutions, as an opportunity to emphasize the importance of continuing joint work to provide a safe and independent environment for practicing the legal profession, which preserves the dignity and safety of lawyers, while simultaneously protecting the documents, information, and files related to the rights of litigants.

"Masa'a" affirmed that protecting the lawyer's dignity and safety while practicing their profession constitutes one of the pillars of the independence of the legal profession, and is an important element in ensuring individuals' right to access justice. From this standpoint, any incident affecting lawyers or hindering their professional performance should be addressed based on the law, combining an appropriate response to the incident with the development of preventive and institutional measures that limit the likelihood of its recurrence.

In this context, the "Masa'a" Center sees the importance of gradually shifting from treating these incidents as isolated events to viewing them within a broader framework related to the environment of practicing the legal profession within justice facilities, the adequacy of existing measures to protect lawyers and their files and properties, and the mechanisms for responding to complaints and threats or assaults they may face.

The center also believes that protecting the independence of the profession and the dignity of lawyers is integrated with promoting professional ethics and responsibility, and addressing any observations or criticisms related to the performance of lawyers or the image of the profession in society. All of these issues should be addressed through appropriate legal, professional, and institutional frameworks, in a manner that enhances mutual trust between lawyers, justice institutions, and society, while simultaneously preserving the independence of the profession and the rights of litigants.

Starting from its supervisory role and support for reforming the justice system and enhancing the independence of legal professions, the "Masaawa" Center affirms its readiness to contribute to any institutional or professional effort aimed at developing protection and prevention mechanisms, monitoring the effectiveness of the measures taken, and opening a responsible professional dialogue about the reality of practicing the legal profession and the challenges it faces.

Accordingly, the "Masaawa" Center called for following up on the incident of the assault and the incident of the loss of the work bag and its contents according to legal procedures, ensuring access to the facts and taking the necessary actions, and informing the relevant authorities and stakeholders of the results of the follow-up in accordance with the law.

It also called for enhancing the protection measures for lawyers within and around the courts, providing a suitable and safe environment for practicing the profession, and reducing the likelihood of similar incidents occurring.

It further called for developing a clear institutional mechanism to deal with assaults, threats, or risks that lawyers may face, which combines rapid response, prevention, and follow-up, and does not limit itself to addressing each incident individually.

It also called for reviewing and enhancing security and organizational measures within justice facilities, ensuring the safety of lawyers, their property, and their files, and guaranteeing the confidentiality of information and documents related to clients.

He also called for a broader professional and institutional dialogue regarding the reality of the legal profession, including the challenges it faces, the ethics of the profession, and ways to enhance public trust in it, through dialogue and legal and professional pathways, while preserving the independence and dignity of the lawyer.

He emphasized the need to enhance cooperation between relevant institutions, civil society organizations, and professional bodies to develop more effective policies and procedures for protecting lawyers and strengthening the independence of the legal profession.

He also stressed the importance of deepening the oversight and supportive role of the "Masa'ah" Center by monitoring the reality of lawyer protection within justice facilities, contributing to the evaluation of existing procedures, proposing practical recommendations, and following up on their responsiveness, which contributes to developing a safer and more independent environment for practicing the profession.

He called for dealing with such incidents not to be limited to immediate reactions, nor should it be confined to statements of condemnation and denunciation, but rather it can represent an opportunity to enhance prevention, develop procedures, and open channels of dialogue and cooperation among various components of the justice system.

From this perspective, the "Masa'ah" Center will continue its role in monitoring, documenting, advocacy, dialogue, and institutional support, which enhances the protection of lawyers and the independence of their profession, and contributes to developing a justice system that is safer, more professional, and respectful of the rights of all its parties.