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Press Release

Palestinian High Court of Justice orders release of five political prisoners

Ref: 80/2001

Date: 2 December 2001

This morning, the Palestinian High Court of Justice in Gaza ordered the release of five political prisoners held by the Palestinian National Authority.  This decision came in response to a demand submitted to the court by PCHR lawyers to release the men, who are: Mohammed Ibrahim Abu Shamla and Wajih Kamel, detained since 21 October 2001; Mu’men Saber Yassin, detained since 22 October 2001; and Nemer Abu Jayab and Ibrahim Abu Jayab, detained since 23 October 2001.  This decision was taken due to the lack of any legal basis for their continued detention, thus violating the legal procedures provided for in the Law of Penal Measures (3) of 2001.

On 29 November, the prosecution told the court, that there was no interrogation or any relevant measures, and that the prisoners were held in custody in accordance with a decision by the National Security Council. Consequently, the court ordered the release of those prisoners in response to a demand by PCHR, which considered the detention illegal.

On 24 November and December 2001, the High Court of Justice had decided the release of 16 other political prisoners detained in Gaza Central Prison.

PCHR welcomes the decision taken by the High Court and Justice and hopes it will be respected and implemented through the immediate release of political prisoners, as the non-implementation of court decisions is a violation of the Penal Law (74) of 1936.