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ANNEX III
Protocol Concerning Legal Matters
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:
a. offenses
committed in the Settlements and the Military Installation Area subject to the
provisions of this Annex; and
b. 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:
a. The individual is
an Israeli, in accordance with Article II of this Annex; or
b.
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.
6.
a. 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.
b. 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.
7. 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
a. 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.
b. For the purpose
of this Article, "Israeli military forces" may include Israel Police
and other Israeli security forces.
c. 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
a. 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.
b. 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.
c. 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.
d. 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.
3.
a. 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.
b. 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.
4. 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.
5. 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.
6. Summons and
Questioning of Witnesses
a. 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.
b. 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.
c. In exceptional
cases, each side may take a statement requested by the other side itself,
without the presence of the requesting side.
7. Transfer of
Suspects and Defendants
a. 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 request Israel to arrest and transfer the individual to the
Palestinian Authority.
b. 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.
c. 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.
d. 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.
e.
1. 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.
2. Interrogation
shall take place in the presence of a police officer of the other side.
3. Upon the request
of the investigating side the other side may detain the suspect in custody
pending and during the questioning.
4. 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.
f.
1. Both sides, upon
receipt of a request in accordance with this Article, shall effect the arrest
and transfer requested.
2. 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.
g. 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.
h.
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.
i.
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.
j.
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.
k. 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.
8. Assistance in the
Execution of Court Orders for the Purposes of Investigation
a. 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.
b. 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.
9. Legal Assistance
in the Conduct of Judicial Proceedings
a. 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.
b. 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.
c. 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.
d. 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:
a. 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);
b. the subject
matter of the action is real property located in the Territory;
c. 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;
d. 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;
e. 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
f. 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
a. 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.
b. 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.
c. 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, subject to
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
a. 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.
b. 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.
c. Orders against
the freedom of Israelis (e.g., imprisonment orders, restraining orders) shall
only be issued by Israeli execution offices.
d. 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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