Ayman shape
Al -Ahmad: It is necessary to create technical and legislative tools to track the movement of money to the debtor
Al -Ghamda: Cancellation of physical coercion as a way to pressure the debtor the most controversial points
Experts and legislators emphasized that the new implementation law presented a new legislative experience, and has accompanied human rights and humanitarian development, but that the perpetrator against them took advantage of the law and its gaps in wasting the rights of creditors in multiple ways, and demanded the creation of new technical and legislative tools that help to track the movement of the money for the debtor and a destination that specializes in conducting accurate financial investigations to support the judiciary, and review procedures for prohibitions from travel and physical coercion to ensure rights.
On the legislative side of a legal perspective, a member of the House of Representatives and lawyer Muhammad Al -Ahmad said that it cannot be denied that the new implementation law in civil and commercial articles came as a modern and developed legislative experience, which sought to keep pace with human rights and humanitarian developments, especially with regard to ensuring the debtor’s dignity and human rights, but this does not prevent its development and amend it in a way that achieves the required balance between the parties to the legal relationship.
We do not deny the presence of gaps
Al -Ahmad referred to the mechanism of creating the private port law, which had a great impact in the speed of debt collection according to orders and judicial rulings, and he added: “However, we should not deny that there are gaps that some of the debtors exploit in the implementation of judicial rulings, which resulted in a state of dissatisfaction with the rights holders, which requires during this period to study these gaps to conduct more development and amendment to activate the texts and achieve balance The debtor and its duties in paying the debts owed to it. “
Representative Al -Ahmad stressed the need to work to create new technical and legislative tools that help to track the movement of money to the debtor, especially in the periods that precede the issuance of the judicial ruling, which enables justice to verify the existence of an intention to hide or smuggle money. It is also advisable to establish a supportive authority affiliated with the central bank, or cooperates with it, which specializes in conducting accurate financial investigations to support the judiciary in each implementation file separately.
Besides, the prohibition of travel requires a period of time and the renewal mechanism, to become more flexible and fair, and takes into account the gravity of the debt, the behavior of the debtor and the effect of allowing it to travel.
Physical coercion after a year of non -payment
Al -Ahmad called for a reconsideration of the system of physical coercion so that it does not contradict the principles of human rights whenever it is codified, such as if physical coercion is allowed after a full year of the ruling, without the debtor to pay at least half of the debt, which is considered a clear indication of intransigence and not impotence.
He concluded by saying: “The legislative review of some texts of the law, expanding the powers of the execution judge, and activating the tools of financial tracking, are all necessary steps to make the current law more advanced, and to enhance confidence in the judicial system, and there is great confidence in those in charge of this issue from the judiciary and administrative support from the executive authority to understand the challenges to be confronted to develop the law.”
The law is unable to protect the rights holders
For his part, the lawyer, Dr. Salem Al -Ghamda that since the issuance of the new implementation law in civil and commercial articles No. (22) (for the year 2021), a wave of optimism prevailed in the legal circles that a new stage of event and justice has started in the implementation file. Many human rights activists welcomed the law because it constitutes a qualitative shift in the perpetuation of human rights, and a direction that responds to international calls related to particularness, but this optimism quickly collided with a different reality, as it began to appear as manifestations of law inseparable from protecting rights holders, and even turned in some aspects – according to the living reality – into an umbrella to protect the religious debtors, at the expense of final judicial rulings.
Dr. Al -Ghimida to the most controversial points in the new law, which is the abolition of physical coercion as a means of pressure on the debtor that is underdeveloped, as imprisonment was previously an effective deterrent means that prompts many debtors to settle their conditions in order to avoid imprisonment, but the new law excluded this means permanently, under the justifications related to human rights and the failure of one to be imprisoned for civil reasons.
He said: This cancellation, and if it appears in its phenomenon human, is withdrawn from the hand of the convict who have a real pressure tool, and let them face the procrastination of debtors who hide behind the texts, and evade the implementation of their obligations. Many judicial rulings turned into linguistic structures that cannot be implemented on the ground.
He added: “The problem increased by imposing a strict time to prevent travel, which was set by the new law by only three months, renewable three times with a maximum (i.e. only nine months) this time determination, although it achieves an outwardly balance between freedom of mobility and the rights of the creditor, but in reality it has become an ineffective tool, because the debtor is simply awaiting the passage of the period, then leaving the country, leaving the creditor in the wind. Many of the convicts against them have become indifferent to the issuance of the ban, because they know that the period is specified, and that the judge cannot exceed, whatever the grace of religion, or the intransigence of the debtor.
Smuggling of money .. The laws are not chasing, and justice is delayed
Al -Ghamda warned against manipulating the law, as in light of this lenient legal climate, many and increasing tricks of money smuggled, as the debtors, upon the issuance of the ruling, were rushed to transfer their money to their relatives of husbands and children, which makes the implementation process almost impossible, especially in the absence of sufficient powers for the private port or the execution judge to track down that funds or free them urgently.
He stressed that the new implementation law, in its current form, has weakened people’s confidence in the judicial rulings, and the phrase “you have a judgment, but what you will implement” became hesitated in the councils, which is dangerous to society’s confidence in justice. The ruled – and they are often individuals and institutions that have been financially damaged – and they are facing a legal system that does not help him to recover their rights, but rather adds above their suffering legal and procedural hardship, making the “right” ink on paper.
The need calls for the amendment of the law quickly
Dr. Salem Al -Ghamda that the current situation requires a rapid legislative intervention, restricting balance to the relationship between the creditor and the debtor, and reconsidering the period of travel ban to be flexible according to the size of the debt and the debtor’s behavior, and reconsidering the means of legal deterrence, including a codified return of physical coercion in cases of clear stalling or evading the implementation, and expanding the authorities of the execution judge to freeze and follow the debtor’s money In the names of others, and activating digital and banking tools that facilitate access to accurate financial information about the debtor. In order for the judicial rulings the title of justice, and the judiciary is a support for the right, and he said: Justice is not only in the issuance of a judicial ruling, but in its actual implementation. The implementation law that does not protect the convict, and does not deter the procrastinators, is a law that needs a serious and courageous review, and asked: Do we wait for more oppressed? Or is it time to correct?
