HTML clipboard
Press Release
Palestinian High Court of Justice Orders Immediate Release of Nine Detainees
Ref:73/2001
Date: 24 November 2001
On 24 November 2001, the Palestinian High Court of Justice in Gaza ordered the immediate release of nine detainees arrested on the basis of political motivation. The Palestinian Centre for Human Rights, which represents the detainees, expresses its satisfaction at the High Court’s decision and hopes that it will be implemented immediately.
PCHR also takes the decision as a promising sign of the Palestinian judiciary’s increasing willingness to exercise its independence in order to enhance the rule of law.
After hearing a number of petitions submitted by PCHR’s Legal Unit asserting that the arrests had no legal basis, the High Court last week asked the Palestinian Attorney General to explain the arrests. On 22 November, the Attorney General responded to the High Court’s request by stating that he had brought no charges against the nine detainees and that their arrests had been ordered by the National Security Council and not by his office.
PCHR lawyers argued that these arrests therefore violated legal procedures, as the National Security Council’s decision interferes with the mandate of the Attorney General and constitutes a misuse of power. Moreover, the arrests violated the Palestinian Constitution of 1962, which guarantees the personal freedom of citizens.
Most of these detainees were targeted in a widespread campaign of arrests by Palestinian police targeting political activists in the Popular Front for the Liberation of Palestine (PFLP) after the organisation claimed responsibility for the assassination of Israeli cabinet minister Rehavam Ze’evi in occupied east Jerusalem on 17 October in response to the assassination by Israeli occupying forces of PFLP Secretary General Abu Ali Mustafa on 27 August.
PCHR expresses its hope that the High Court’s decision will be implemented by the Executive immediately. Moreover, PCHR reminds the Executive that non-implementation of court orders is punishable by up to two years in prison under Article 143 of Penal Law 1936 (Breaches of Legal Orders) and calls upon the PNA to compensate those unjustly held without any legal justification.
In addition, PCHR affirms that it will continue to work to ensure the release of all political detainees remaining in PNA custody. The nine detainees whose release was ordered by the High Court are:
Murid Fa’eq Ghabin, Ashraf Abu Ghazel, Ihsan Said Khirmeh, Rashid Saleh al-Maboueh, Ismail Mohammed Judeh, arrested 22 October; Samir Mohammed Souradi, arrested 21 October; Yusef Zaki al-Shninou, arrested 17 October; and Mohammed Fahmi al-Masri and Khaled Aadil al-Masri, arrested 15 October.
