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Lawyers and citizens called for measures to speed up the execution of court judgments, noting that in some cases the execution of judgments was delayed for several months, affecting the interests of the parties involved.
In a statement to Al Arabiya, they confirmed that in some cases judicial decisions reach the stage of discrimination in no more than six months, and that in the execution courts people find it difficult to obtain the rights of judicial decisions, warning that after the decision is made, some people manipulate the decision by transferring their property to others, while others are unable to execute the decision, which requires the acceleration of its execution.
They pointed out that there were major problems with the enforcement of family law issues, such as fees and arrears owed by the husband, which could take up to several months for the wife to enforce her rights, affecting the family and children.
Abdul Rahman Al-Jufairi: Due to the delay, there may be a disagreement between the lawyer and his client
Lawyer Abdul Rahman Al-Jufairi said: “There is no doubt that the courts of the State of Qatar have achieved more success in previous years, especially in the past two years, through electronic applications and other means, but unfortunately, the execution process faces difficulties. There are many difficulties in obtaining the rights of litigants.”
He added: In some cases, judicial decisions are issued until the appeal stage, and the lawyer representing his client faces many difficulties in obtaining a decision in favor of his client when going to various enforcement courts on behalf of his client, he is unable to obtain all the rights issued by the trial court, the appellate court or the discriminatory appellate court, and sometimes the client believes that his lawyer may have colluded with another party to obtain the rights issued by the trial court. court.
Al-Jufairi continued: Sometimes disagreements arise between lawyers and clients, but the reality is that lawyers find it very difficult to realize the rights they have obtained for their clients.
He explained that in some cases, due to untimely execution, parties face problems in obtaining their rights, such as when the adjudicated party transfers property in the name of other parties and when executing, the adjudicated party faces many difficulties and cannot obtain it, and the matter requires more procedures and reconsideration of the procedures taken, and the electronic portal may not help lawyers and their clients get what they want.
Al-Jufairi called for the need to reconsider the many procedures taken by the executive courts until justice is achieved by the courts of the State of Qatar, which is what everyone wants, noting that there are many difficulties because lawyers obtain rulings but do not get what their clients want, which causes disputes and many difficulties.
Regarding the reasons for the delay in the execution of the judgment, Al-Jufairi said: “There is no doubt that some problems are caused by the staff recording the execution procedures, sometimes this can be due to lack of experience or the excessive number of cases filed, in addition to other reasons, we hope that lawyers will take into account what has happened in the past, learn from previous experience, and learn from the experience of some countries in this area in order to achieve this goal. Everyone wants to obtain their rights in this area.”
Soha Al-Muhannadi: A major concern for family law issues
Lawyer Soha Al-Muhannadi confirmed that there are major problems with the execution of family adjudication cases, such as the fact that it takes up to several months for the husband’s expenses and arrears to reach his wife, which affects the family and children, since there is no source of income to spend during these months, and that some spouses are not obliged to pay the expenses, nor are they prevented from traveling to force him to pay the amount imposed on him.
“Sometimes we are surprised that the person who was executed transferred all the property in his name to someone else and the authorities did not find any property to execute him,” said Mohannadi.
She noted that many requests for enforcement of judgments are filed and denied, forcing lawyers to file requests more than once.
Lawyer Soha Al-Muhannadi attributed the delay in implementation to a number of reasons, including the electronic process, which she called “futile”, explaining that after submitting some requests, the working system stopped and no action was taken on them, and that the stop could last up to a week or two without rejection, approval or any action. In this regard, she pointed out that both lawyers and litigants complained about the system.
She added: “Employees are not sufficiently qualified to manage administrative affairs, there are obvious problems in the work system, and the defendants sometimes manipulate it, so we request that the lawsuit be filed as soon as possible, and the defendant’s funds will be seized until a ruling is made to protect the rights of the litigants.”
Regarding the solutions she proposed to solve the implementation problems, she added: the staff must be fully qualified, the defendant’s funds must be seized from the first time the lawsuit is filed, and the defendant must not be allowed to transfer his funds to others, in addition to working on the rapid development of an electronic system that does not serve the implementation process, as well as on regular meetings between the Supreme Judicial Council and all lawyers.
Ali Khulaifi: Losing many rights
Appeal lawyer Ali Issa Al-Khulaifi said: The principle of justice is speed of execution to achieve timely justice, and the slow execution of judgments currently underway has led to the loss of many rights of the parties. This requires the execution of judgments to be accelerated to safeguard the rights of the litigants, and the execution of judgments needs to be reconsidered.
He added: “We have recently obtained a lot of awards for our clients, but since some proceedings have not been carried out, this may cause the client to lose confidence in his lawyer. The current stage of execution is considered to be the most tiring stage. Lawyers face some challenges during the execution process, the most notable being the lack of a specific deadline for considering certain applications, which can be as long as several months, which may lead to increased disputes between the parties in the case in some cases. The executor debits the amount from his bank account and does not pay it to the executor, the amount is retained by the court.
Hulaifi suggested reconsidering the process of enforcing judgments, stressing that there is no benefit in obtaining a judicial decision and not enforcing it.
He went on to say: My fellow lawyers and I have called for this more than once, and the Bar Association has held many meetings with the aim of developing appropriate solutions to the problems and obstacles in implementation, and we hope that an appropriate solution can be reached.
Dr. Khalid Mohannadi: Delay in achieving full justice
Appeals lawyer Dr Khaled Al-Muhannadi said: “My personal experience shows how serious the delay in implementing court decisions is. I was awarded a compensation award for a car I was using. “I was not informed of the defect, so I filed a lawsuit and obtained a compensation award, and faced difficulties in implementing it.
He added: The first difficulty I faced was after obtaining the ruling, which was related to any ruling that the person obtained, whether it was financial compensation, eviction of rental property or other rulings, all of which required the person to file an enforcement lawsuit. How could the ruling require another lawsuit to be enforced? In order to speed up the process and for the convenience of the right holder, the enforcement procedure must be initiated sequentially after the ruling is issued. The ruling of the same court.
Mohannadi added: “The ruling must be executed immediately after it is issued, rather than requiring the parties to file an enforcement lawsuit. In addition, filing an enforcement lawsuit requires more procedures through the electronic portal, such as opening newspapers and attaching documents. Any incomplete attachments are not allowed, even if they are simple, such as a personal card and identification information about the person (company – property – account).
He emphasized that lawyers are only scheduled to review at night, and all lawyers are obliged after completing their work, requiring them to review at night, while others review in the morning, so why should law firms be distinguished and no “counter” is set up for lawyers to receive law firms.
He pointed out that delay in execution creates problems and affects the integrity of justice, from filing of a case to execution and ultimately obtaining rights through judgment.
Al-Muhannadi said: Sometimes, if we want to inquire about the status of execution, we need to submit a complaint through the electronic portal, which goes to the service department of the litigants, not the court itself, and the hotline has a dedicated staff of the execution court who are qualified to solve the problem, and to our surprise, the complaint ends without being resolved.
He added: “Everything we have said is in relation to the lawyers who appear in court, so what if it involves someone who does not have sufficient knowledge of these procedures? He is someone who should not be bothered, and he may turn to a lawyer to solve the problem.” He may not be able to do it.
He went on to say: This matter requires that the executing court and the Bar Association hold seminars regularly and in rotation every month to express their own opinions and the opinions of the other party, discuss the implementation procedures, and regularly make suggestions related to the implementation procedures. In order to facilitate the executors and promote technical procedures, on how to submit applications.
Hussein Braika: Slow restoration of rights will have a negative impact on interests
Hussein Buhaleka said: Of course, delays in the enforcement of any state court ruling will have a significant impact on the litigants, and the fact that a dispute enters the litigation stage means that one of the parties urgently needs to benefit from the ruling. The court’s ruling has achieved complete justice, and delays in enforcing the ruling will reduce the benefits that the parties will gain from the court’s ruling.
He added: “As for family matters, the delay in the execution of decisions is significant, given their relevance to the interests of the family and its children. For example, in the case of divorce, the children are in urgent need of alimony or other rights. This matter requires firstly the speed of the decision and then the speed of its execution.”
Al-Buhlaiqa pointed out that the delay in rights has a negative impact on the interests of the parties, who resort to the judiciary in the hope of obtaining their rights as soon as possible.
He pointed out that there are cases where judgments have been passed but execution has been put on hold for months, which harms the interests of the people seeking justice as justice must be complete for the benefit of all.
He explained that the so-called speedy execution does not conflict with taking necessary measures to achieve justice, and the matter is related to the judge’s decision on the case having concluded and considering all its angles, which means that there is no need to delay the execution of what has been decided.
Rashid Dossari: Judiciary is the protector of interests of all members of society
Rashid Al Dosari stressed that in recent years Qatar has witnessed a great renaissance in all fields, and the judiciary is one of them. He pointed out that the performance of the courts has improved significantly, which is undeniable, but the problem still needs further improvement to meet the demands of all litigants.
Dosari pointed out that besides the speed in executing court decisions, the speed in adjudicating cases is also the cornerstone of achieving full justice and the authorities concerned must strike this balance by all means so that litigants can get fair outcomes in accordance with their rights.
He pointed out that the execution of judgments in some cases was delayed, while that in others was delayed, which meant that there was a possibility of accelerated execution of judgments made by the judiciary, and this could be achieved through a unified and expedited procedure. Regarding the implementation process.
He pointed out that the judicial organs are the guarantors of the interests of all members of society, and solving the problem of delayed execution of some cases is crucial to achieving the expected goals of the judgment and achieving judicial justice. Everyone is looking for it.
Al-Dosari expressed his hope that the relevant authorities will benefit from modern technology and play a clear role in achieving the execution of judgments at a speed that suits the needs of litigants to obtain their rights, noting that many services can now be completed easily and quickly over the phone, which is something they should benefit from in various institutions, including the courts.
Jaber Al-Munkhas: Process must be expedited to achieve justice
Jaber Antar Al-Manhas confirmed that the execution of judgments issued by the courts is often delayed, which affects the interests of the litigants, and he called for the need to speed up the execution process in order to achieve the justice sought by all litigants.
He noted that some cases remain in court for longer periods of time, while executions at other times affect many people, especially those involving personal status cases, where some families are waiting for a speedy decision to obtain their rights.
He noted the importance of prompt execution of court decisions after they are issued, with the execution process starting immediately after the decision is issued, especially in cases of alimony, for example, where people are waiting to receive this right for personal needs, and these amounts are deducted directly from the father’s salary so that the children can receive their rights quickly and properly. He noted the need to study possible causes of delays in the execution of judgments and address them urgently, and to work with the authorities to reach a solution that is in the interests of the parties.
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