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In violation of Palestinian High Court of Justice ruling,
Ref: 65/2001
Date: 10 November 2001
On 7 November 2001, the Palestinian High Court of Justice declared the detention of Mr. Younis El-Jaru and Dr. Rabah Mahanna illegal and ordered their immediate release. Three days later, the two men remain in the custody of Palestinian police. The failure of the police to implement a decision by the highest judicial authority in the PNA is punishable by up to two years in prison under Article 143 of the Penal Law 74 of 1936 (Breaches of Legal Orders). PCHR have lawyers have submitted a complaint to the Attorney General seeking the implementation of the High Court’s decision.
The continued detention of El-Jaru and Mahanna also violates Articles 125 and 128 of the Law of Penal Measures (3) of 2001, as well as Article 11, paragraph 4 of the Law of Rehabilitation Centers (6) of 1998.
PCHR is deeply concerned by the continued defiance of the High Court’s order, as it endangers the rule of law and Palestinian human rights. The illegality of the arrests of El-Jaru and Mahanna led the High Court to order their release. The continued detention of the two is an ongoing violation of Palestinian law.
PCHR calls for:
1) Palestinian police to respect and implement the decision taken by the Palestinian High Court of Justice to release El-Jaru and Mahanna;
2) The PNA to hold accountable those who violate the decisions of competent Palestinian judicial authorities;
3) The Palestinian Legislative Council to assume responsibility for questioning those who refuse to follow the principles of law and implement decisions taken by Palestinian courts; and
4) Palestinian Attorney General Sohair Sourani to activate regulations compelling law enforcement authorities to respect and implement decisions taken by the Palestinian High Court of Justice in Requests 143/2001 and 144/2001.