Ref: 146/2007
Date: 23October 2007
Time: 12:30 GMT
Preventive Security Service Abstains from Implementing a Judicial Order to Release 2 Political Detainees
The Preventive Security Service (PSS) in the West Bank has abstained from releasing Ibrahim ‘Abdul Fattah Ahmed al-Shawabka, 35, from al-Fawar refugee camp, and Ayman Ramez Fayez al-Sa’eh, 33, from Nablus, in violation of 2 separate judicial decisions that ordered their release on bail.
According to investigations conducted by PCHR, al-Shawabka was arrested on Thursday, 18 October 2007. At approximately 14:45, as he had just got out of the campus of Hebron University, where he studies, a civilian vehicle without a registration plate stopped in front of him. Three or four masked militants got out of the vehicle and arrested him. Later, it was revealed that he was detained by the PSS in Hebron. According to his family, he suffers from a disability in the right thigh and leg. He underwent a complicated surgery two years ago at a Jordanian hospital and he needs special care. On Sunday morning, 21 October 2007, al-Shawabka appeared before a judge at the District Court in Dura town, southwest of Hebron. The judge ordered his release on a bail of 500 JD (approximately US$ 700). Even though the family paid the bail, the PSS chief in Hebron has refused to implement the judicial ruling and has abstained from releasing al-Shawabka. .
With regard to al-Sa’eh, he was arrested on 19 August 2007 from a supermarket in Nablus, where he works. He was first taken to the headquarters of the PSS in Nablus. On the following day, he was transferred to the headquarters of the PSS in Ramallah. On 4 October 2007, the District Court in Ramallah ordered his release on a judicial bail of 10,000 JD (approximately US$ 14,000). The Court also ordered holding his passport. Although the family fulfilled the conditions of his release, the PSS has refused to implement the judicial ruling, and has continued to detain al-Sa’eh.
In light of the above:
1) PCHR calls for immediate release of the aforementioned detainees in response to the judicial rulings.
2) PCHR reminds that abstention from implementing judicial rulings constitutes a punishable violation for legal orders.
3) PCHR warns of the repercussions of the challenge of court rulings by chiefs of security services on the rule of law and the independence of the judiciary, and calls for compliance to judicial rulings.
