Ref: 81/2008
Date: 14 September 2008
Time: 11:30 GMT
General Intelligence Service Is Not above Law
In a severe violation of the powers and independence of the judiciary, the Palestinian General Intelligence Service (GIS) in Qalqilya town in the West Bank refused to release journalist Mustafa Sabri. Sabri has been detained by the GIS since 31 July 2008. In spite of being a civilian, Sabri had been referred to the military prosecution that has ordered detaining him since 13 August 2008.
On 10 September 2008, the High Court of Justice held a session headed by Judge Eissa Abu Sharar in participation with Judge Hisham al-Hatu and Judge Rafiq Zuhod. In case number 229/2008, the Court made a decision for the immediate release of the petitioner, Mustafa Ali Sabri, unless detained for another case. However, the Court’s decision was not implemented.
According to investigations by the Palestinian Center for Human Rights (PCHR), a force from the GIS came to the house of Mustafa Sabri and arrested him. Sabri was then detained in the GIS prison for no apparent reason and he stayed in prison without any specific charge. Moreover, he had not been referred to the general civil prosecution or to a competent court. On 13 August 2008, Sabri was transported from the GIS prison to the prison of the military police. He was then referred to the Chief Military Prosecutor who made a decision for the detention of Sabri. Sabri’s lawyers; Mohammed Shdid and Sa’eda al-Safarini, delivered a letter to the Chief Military Prosecutor via his deputy in Qalqilya demanding the release of their client, but the Chief Military Prosecutor did not respond. The two lawyers then demanded the Chief Military Prosecutor to provide them with a copy of his decision to detain Sabri but he rejected this demand and claimed that investigations were ongoing. Following the decision of the High Court of Justice to release Sabri and the non-compliance of the military prosecution with the decision, the petitioner’s lawyers submitted a request to the Chief Military Prosecutor, the President of the Higher Judiciary Council and to the Chief of Military Justice to implement the Court’s decision. However, Sabri is still being detained.
In a step to circumvent the Court’s decision, the GIS released Sabri, but rearrested him again on Thursday, 11 September 2008. By doing so, the GIS is practicing the revolving door policy. Sabri’s wife stated to PCHR that the Palestinian military police gave Sabri his private belongings and released him. She added that before her husband could exit the courtyard of the headquarters of the military police, he was stopped by a civilian Subaru car. She continued saying that several persons, seemed to be from the GIS, stepped down, arrested her husband and returned him to prison. Sabri’s wife also stated that Sabri’s family visited the GIS several times to inform about their son. At the beginning, the GIS denied they were detaining Sabri. Out of repeating the visits by Sabri’s family and their announcement of their fears for their son, the GIS admitted they were detaining him.
On light of the above:
1. PCHR calls for committing to the decision of the Palestinian High Court of Justice and on the immediate release of Sabri
2. PCHR calls for immediate release of all the political prisoners detained in the West Bank and the Gaza Strip.
3. PCHR Reminds of the Palestinian High Court of Justice ruling of 20 February 1999 which considered political arrests illegal; and calls upon all executive parties to respect the Court ruling and refrain from conducting illegal political arrests..
