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In violation of Palestinian High Court of Justice ruling,
Ref: 77/2001
Date: 27 November 2001
Yesterday, PCHR lawyers submitted a complaint to the Palestinian Attorney General regarding the continued detention of 9 prisoners in violation of a decision by the Palestinian High Court of Justice that they be released immediately. 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 imprison under Article 143 of the Penal Law 74 of 1936 (Breaches of Legal Orders).
The continued detention of those prisoners 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.
One of those prisoners was released after he suffered from a brain clot, according to medical sources at Shifa’ Hospital, where he was treated. His room at the hospital was guarded by police for two days. He was released from detention yesterday.
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 High Court ordered the release of these prisoners on 24 November 2001. The continued detention of the nine is an ongoing violation of Palestinian law.
PCHR calls for:
1) Respect for, and implementation of the decision taken by the Palestinian High Court of Justice to release the nine detainees;
2) Accountability for 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) The Palestinian Attorney General to activate laws compelling law enforcement authorities to respect and implement decisions taken by the Palestinian High Court of Justice.
