PCHR Concerned over Preventing its Lawyers from Visiting Clients in Gaza Prisons
Ref: 71/2008
Date: 06 August 2008
Time: 10:30 GMT
PCHR Concerned over Preventing its Lawyers from Visiting Clients in Gaza Prisons
PCHR is extremely concerned over preventing the Center’s lawyers from visiting their clients detained by security forces of the Government in Gaza. The Centre views this prevention as a violation of the rule of law and relevant international standards, including the right of a client to meet an attorney. The Centre is concerned that this prevention might be motivated by illegal actions perpetrated against prisoners, including the use of torture and other forms of cruel and degrading treatment.
Dozens of Fatah members and supports have been detained during the recent crackdown by security services of the Government in Gaza. The detainees included Fatah leaders Dr. Zakaria El-Agha (member of Fatah Central Committee), Ibrahim Abu El-Naja (President of the Higher Coordination Committee of Palestinian Factions), as well as Governors and Fatah Secretary-Generals in different parts of the Gaza Strip. All these detentions lacked due legal process. Some were detained by the Police and others by the Internal Security Service without an arrest warrant; and others were detained by Izzedeen El-Qassam Battalions (armed wing of Hamas).
Since the start of the crackdown on 26 July 2008, security services have prevented PCHR lawyers from visiting their clients in prisons to evaluate their legal status and their health conditions. Over the past week, PCHR conducted continuous contacts with visitation coordination officials to allow visits; but to no avail. During these contacts, lawyers received several promises to be allowed to visit at the first possible opportunity. Also, they were informed that the prevention of visits was due to the huge pressure on prison authorities; or due to lack of time to organize visits; or that officials were in constant meetings; or other excuses. Contacts with these officials were cut on Sunday, 3 July; and the Center’s lawyers have not been able to access them through their known contact numbers.
A number of released detainees stated that they were subjected to beating and humiliation. They gave the Centre sworn affidavits that other detainees were subjected to beating, torture, and humiliating treatment.
It is noted that this is not the first time the PCHR’s lawyers have been prevented from visiting their clients in prisons in Gaza. Security services denied the Center’s lawyers visits for approximately 3
months from 20 February till 12 May 2008. Since then he Center had been conducting visits till 21 July 2008.
In light of this situation, PCHR calls upon the Government in Gaza to:
- Allow PCHR’s lawyers to visit their clients in prisons and detention centers in accordance with the law.
- Reminds of the Palestinian High Court decision of 20 February 1999 stating that political arrests are illegal; and calls upon all executive parties to respect the High Court decision and refrain from conducting illegal political arrests.
- Ensure that judges and prosecutors fulfill their responsibility over prisons to ensure that all detainees were detained according to due process in accordance with Article 126 of the Penal Code No. 3 for the Year 2001. The Centre also calls for the implementation of Articles 105, 123, and 128 of the afore-mentioned law.
- Release all prisoners who were illegally detained; and to take all necessary steps to ensure their enjoyment of their legal rights.