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| PCHR Palestinian Centre for Human Rights PRESS RELEASE |
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Ref: 45/2004
Date: 17 March 2004
Time: 09:00 GMT
Palestinian Authority Continues to Hold 4 Citizens in Violation of a Judicial Ruling
PCHR calls upon the Palestinian Authority to immediately release 4 Palestinian citizens who remain in custody. Their continued detention is in violation of a judicial ruling issued by Gaza District Court.
On 14 March 2004, Gaza District Court issued decisions ordering the release of 4 citizens who had been detained by Palestinian security services for several months, on suspicion of their involvement in a bombing that killed 3 Americans on 15 October 2003. The court concluded that there was not enough evidence to convict them, so it decided to release them with a 50,000-NIS bail. However, Palestinian security services have continued to hold them in custody in violation of the court ruling. These citizens are:
1. Na’im D’ib Taha Abu Fool, 43, from Jabalya;
2. Bashir Khalil Sa’id Abu al-Laban, 42, from Jabalya;
3. Mohammed al-Disouqi Kamael ‘Asaliya, 22; and
4. Ahmed ‘Abdul Fattah Safi, 24, from Jabalya.
The Palestinian Authority had referred the case to a military court, which had held its first session on 7 February 2004. Later, the case was transferred to the civil judiciary in response local and international requests.[1]
PCHR reiterates its call for the Palestinian Authority and law enforcement services to respect the court ruling and immediately release the four citizens, who have been illegally detained. PCHR calls upon the Chief of the Higher Judiciary Council to take necessary steps to ensure the independence of the judiciary and respect for court rulings. PCHR calls upon the Attorney General to take necessary legal procedures to ensure respect for decisions taken by the Palestinian courts. PCHR calls also upon the Palestinian Legislative Council to assume its responsibility to prevent continuous violations of the law and constitutional rights, which are guaranteed by Palestinian Basic Law.
[1] See PCHR’s press release on 7 February 2004, which strongly criticized referring the case to a military court and called for transferring it to the civil judiciary, which has the authority to consider the case, to ensure a fair trial.
Public Document
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PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail:pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
