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Palestinian High Court of Justice orders immediate release of political prisoners El-Jaru and Mahanna
Ref: 64/2001
Date: 7 November 2001
This morning, at a session of the Palestinian High Court of Justice in Gaza City, presided over by Judge Hamdan El-‘Abadla with judges Khalil El-Shayah and Sa’ada El-Dajani as members, ordered the immediate release of the lawyer Younis El-Jaru and Dr. Rabah Mahanna. PCHR considers this ruling a victory for the independence of the judiciary and the rule of law in the OPT.
The decision was taken in response to a request by PCHR lawyers Raji Sourani and Iyad ‘Alami, and ‘Abdel-Rahman Abu El-Nasser, Head of the Palestinian Bar Association, who participated in the defense.
On 3 November, prosecutors, responding to an order from the High Court to explain the detention, stated that El-Jaru and Mahanna were detained by the State Security Court pending investigation into charges of breaches of public security and damaging the Palestinian national interests. Furthermore, prosecutors said that the two were detained by a special court over which the High Court has no jurisdiction.
Defense lawyers refuted these claims, pointing out that the detention violated the Law of Criminal Measures (3) of 2001, which defines procedures that must be followed by law enforcement officials in summons and detention. The lawyers asserted that the High Court is authorised to address their request according to Article 58 of the Palestinian Constitution of 1962, Article 33 of Law (5) of the Formation of Regular Courts of 2001, and various relevant judicial precedents. They also contested the legality of detention by the State Security Court since it has no authority in this regard. The charges were rejected because they are illegal and are not included in any Palestinian law in force.
Mr. El-Jaru and Dr. Mahanna are prominent figures in the Occupied Palestinian Territories and among the political leaders of the Popular Front for the Liberation of Palestine (PFLP). The two were arrested on 18 October in a campaign that has targeted dozens of PFLP leaders and activists after it claimed responsibility for the killing of Israeli Tourism Minister Rehavam Ze’evi in a hotel in occupied Jerusalem on 17 October. Ze’evi’s killing was in retaliation for the assassination of PFLP Secretary General Abu ‘Ali Mustafa by Israeli occupation forces.
PCHR welcomes the High Court’s decision and hopes it will lead to the immediate release of Mr. El-Jaru and Dr. Mahanna, since the non-implementation of the court decisions is a violation of legal orders, punishable under Article 143 of the Penal Law (74) of 1936. PCHR also calls for compensating the two for their unjustified detention.
PCHR asserts that it will continue to seek recourse to the Palestinian judiciary in the case of political arrests to enhance the rule of law and promote the role of the courts in protecting human rights, as the High Court of Justice had deemed political arrests illegal.
PCHR has also submitted requests to the High Court regarding 20 Palestinian prisoners who were arrested on political grounds. These requests are due to be addressed in the coming days.
