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         PRESS RELEAS

      Released @ 12.00 hours GMT 13 July 1998

              Nobody has Extra-Judicial Jurisdiction

Palestinian Centre for Human Rights (PCHR) strongly condemns the continued illegal detention of Dr. Abdel Aziz Al-Rantisi by Palestinian police, despite a ruling of the Palestinian High Court of Justice more than a month ago to release him. In its session of June 4, 1998, to review an appeal brought by lawyers of PCHR, on behalf of Dr. Al-Rantisi, against the Palestinian Attorney General, the Palestinian High Court of Justice ordered the immediate release of Dr. Al-Rantisi after the representative of the Attorney General failed to provide the Court with reasons for his arrest. Until now he has not been released as the police continue to defy the decision of the Court and to operate in an extra-judicial manner without accountability.

On July 1, General Ghazi Al-Jabali, Director General of the Police Department, informed the daily newspaper, Al Quds, that Dr. Rantisi had been arrested in an affair related to public order, in accordance with “laws of crime prevention” because he had breached a prior commitment not to incite or cause public disorder. Al-Jabali added that Al-Rantisi was arrested in accordance with administrative measures and that the case was therefore not subjected to the jurisdiction of the High Court of Justice, denying any need to release him based upon the High Court’s ruling. On the other hand, Abdul Rachman Abu El-Nasser, head of the Palestinian Bar Association, rejected Al-Jabali’s reasoning not to apply the Court decision and stated that it had no legal basis. He further said that the authority of the General Director of the Police Department in this matter was restricted to receiving orders 1) from the head of the Palestinian National Authority and 2) from the Attorney General.

In another development, General Al-Jabali was quoted in Al Quds on July 7, 1998 as responding to the statement of the head of the Bar Association as follows:

1. “It is well known that the detention of Dr. Rantisi is basically an administrative one. Should we open his file, we believe that Article 26 of the Penalty Law is sufficient by itself to charge him.
2. All important security issues are discussed in the Higher Security Council, headed by the President who is the supreme authority in the country.
3. Original jurisdiction to arrest, investigate, detain, release and search lies with the police department according to the law but this jurisdiction was transferred to the Attorney General by Decree 473 of 1956. Therefore, coordination between Attorney General and the police is restricted to these areas only, but the jurisdiction of the Director of the Police remains as is, where he does not receive orders from the Attorney General and that he has complete jurisdiction to take proper measures to preserve public order, public security and to protect public morals.”

Comments of PCHR:

1. The Palestinian High Court of Justice ruled that measures taken to arrest Dr. Rantisi were null and void. No other authority is empowered to supercede the decision of the Court

which is the highest judicial body and all governmental institutions are obliged to obey this ruling in accordance with the principle of the rule of law.

2. The Palestinian Attorney General is the guardian of the public case and the legal body responsible for the arrest in this case. However, the representative of the Attorney General never mentioned that Dr. Rantisi was under administrative detention and the Attorney General failed to provide reasons for his continued illegal detention.
3. Administrative detention is only authorized by the 1945 defense regulations and later by Israeli military orders. For these defense regulations to be instated, the President must authorize the Palestinian Legislative Council to officially pronounce a state of emergency, to publish their decision and to legislate the regulation of the emergency laws. Until now, to the best of our knowledge, the PA had not taken any of these steps to implement the Defense Regulations (Emergency Regulations). Furthermore, we do not expect that the PA would apply relevant Israeli military orders.
4. The jurisdiction of the Higher Security Council does not supercede that of the High Court of Justice, which is the only body authorized to veto administrative decisions which they do not feel are correct.
5. Decree number 473 of 1956 regarding the jurisdiction of the Attorney General has therefore cancelled all prior relevant laws including the law of crime prevention, number 48 of 1933, which General Jabili relies upon to justify the continued detention of Dr. Rantisi.
6. According to Palestinian law the jurisdiction to investigate and arrest is restricted to representatives of the Attorney General. Furthermore, no-one may be detained for more than 30 days without written permission from the Attorney General.
7. Neither Dr. Rantisi nor his attorney were ever informed that he is being administratively detained and were unaware of this situation until Jabili’s statement. Dr. Rantisi was never brought before a judge according to PCHR’s sources. Furthermore, his lawyer was never permitted to visit him despite a permit from the Attorney General on April 13 and an order from the High Court of Justice on April 29.
8. By these statements and by his blatant disregard for the law, General Al-Jabali provides a very dangerous precedent as the head of the law enforcement agency whose job it is to enforce and respect the law, and to implement decisions of the Court.
9. This statement of Al-Jabali shows that the police department is acting outside the Attorney General’s jurisdiction and outside the law. It clearly undermines the rule of law and the jurisdiction of both the Palestinian Attorney General and the judiciary.
10. PCHR has always demanded the PA to implement rulings of Palestinian Courts and re-states its demand to immediately release Dr. Al-Rantisi. We agree with the head of the Bar Association that Al-Jabali’s statements have no legal basis.
11. The continued illegal arrest in defiance of the Court’s decision is a breach of the 1936 Penalty Law and should be punished.
12. PCHR calls upon the Palestinian Minister of Justice, Fraih Abu-Meddain, to break his silence and to condemn this very dangerous affair which undermines the office of the Attorney General and the rule of law.