Ref: 57/2011 

The Palestinian Center for Human Rights (PCHR) is gravely concerned
over the continued detention of Ghassan al-Qishawi, 28, a lawyer from Gaza
City, in violation of the Criminal Procedures Code No. 3 of 2001. PCHR calls upon the Attorney General to
immediately order his release and uphold the principle of the rule of law.

According to investigations conducted by PCHR, at approximately
08:00 on Thursday, 16 June 2011, al-Qishawi headed to the Central Investigation
Office in Arafat Police City in Gaza City. He went there upon an order issued by the Attorney General in Gaza, Dr.
Mohammed ‘Abed, and received by the Bar Association in Gaza. The order requires the presence of al-Qishawi
before the Investigation office to complete the statements in criminal offenses. Al-Qishawi has been detained so far in
violation of the Criminal Procedures Code, which defines the legal period of detention
in article 119: “If the investigation procedures require the continued
detention of an arrested person for more than 24 hours, the Attorney General
has the right to call upon the magistrate to extend the detention for a period
not exceeding 15 days.” However,
PCHR was shocked that al-Qishawi appeared before Gaza magistrate on Tuesday
night, 21 June 2011, as he was transported to the magistrate’s house by the investigation
service and Attorney General. As a
result, the magistrate extended the detention of al-Qishawi for other 15 days
without taking into consideration the previous detention period.

It should be noted that this measure taken against lawyers, whose
main duty is to defend citizens’ rights and dignity, is not the first of its
kind in Gaza. Previously, dozens of
lawyers had been summoned upon complaints that intervene in the essence of the
legal profession and competence of Bar Association. What makes this measure more serious is that
it was taken against a lawyer, who is supposed to defend citizens’ rights and
dignity. PCHR believes that these
measures violate the powers of Bar Association, Lawyers Law No. 3 of 1999, Criminal
Procedures Code, the Attorney General’s powers, and Palestinian Basic Law.

PCHR also points to dozens of indictments issued against lawyers in
Gaza Magistrate Court because they did not obtain the license of
“profession” from Gaza Municipality, a license that makes the
lawyers’ offices equal to shops. This is
a matter that degrades the lawyers’ prestige and seriously violates the Lawyers
Law No. 3 of 1999.

In an unprecedented violation, the Attorney General has prevented members
of the Bar Council from traveling in the past period without any legal reason
and commitment to legal measures.

In light of the above, PCHR:

1. Calls
for the immediate release of Lawyer Ghassan al-Qishawi because detaining him
violates the legal measures of detention.  PCHR stresses its refusal of harming lawyers
and their freedom to perform their jobs, in addition, it highlights the
necessity to respect the Lawyers Law No. 3 of 1999;

2. Reiterates
that the Attorney General in particular has the competence to conduct
investigations into crimes under article 55 of Criminal Procedures Code No. 3
of 2001. PCHR stresses the necessity to
respect the Criminal Procedures Code, as it represents justice system, in
application of the principle of the rule of law and article 6 of the
Palestinian Basic Law;

3. Confirms
its support for lawyers and feels comfortable for the Bar’s position regarding
suspension of work in front of the Attorney General until further notice,
because of the continued violations committed against the Palestinian lawyers
and of not offering guarantees for lawyers and respecting their job;

4. Underscores
that its position of defending lawyers does not mean showing tolerance with
those accused of criminal offenses, but it is an application of the principle
of the rule of law; and

5. Stresses
that the Attorney General, who is responsible for the general case, has to show
commitment to the legal measures and texts and not to violate the law.