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Press Release

Palestinian High Court Orders Release of PFLP Leader

Date: 3 June 2002
Ref: 76/2002

The Palestinian High Court of Justice in Gaza today ordered the immediate release of Ahmed Sa’adat, Secretary General of the Popular Front for the Liberation of Palestine (PFLP).  PCHR welcomes the decision as an important step in safeguarding the independence of the judiciary and upholding the rule of law under the Palestinian National Authority (PNA).

The court, presided over by Hamdan al-Abadleh with judges Khalil al-Shayah and Saadeh al-Dajani, ordered Sa’adat’s immediate release in response to an appeal submitted by the committee to defend Sa’adat, composed of: PCHR lawyers Raji Sourani and Eyad al-Alami; Abdel Rahman Abu Nasser, president of the Palestinian Bar Association; and lawyers Yunis al-Jaru and Rabhi Qatamash.

On 8 May, the High Court gave the Palestinian General Intelligence Service (GIS), represented by the PNA Attorney General, eight days to clarify the reasons for Sa’adat’s arrest.  On 11 May, the Attorney General stated that it was in contact with concerned entities in the PNA to produce a final response.

The Attorney General submitted his response to the court today, stating that Sa’adat is being detained by the GIS pending an investigation concerning matters of “state security.”  The Attorney General also claimed that the case could only be dealt with by a court in Ramallah, not Gaza.

Sa’adat’s lawyers defended the competence of the High Court in Gaza to deal with the case, based both on legal precedents and the Judicial Authority Law.  The lawyers also argued that the extraordinary and disruptive circumstances of Israeli incursions into PNA-controlled areas in the Ramallah area made it necessary for the Gaza High Court to be able to look into the matter.

Furthermore, the lawyers pointed out the illegality of Sa’adat’s detention.  They noted that Sa’adat has not been charged with a crime or brought before a judge.  Contrary to the claim by the Attorney General that Sa’adat was under investigation, Sa’adat’s lawyers asserted that he was not being investigated for any crime and that PNA security services have yet to transfer his case to the Attorney General.

Sa’adat was arrested by PNA security services without charge on 15 January and held at the detention centre at the presidential compound (Muqataa) in Ramallah.  He was transferred to a PNA facility in Jericho on 1 May as part of a deal brokered by the United States government.

PCHR welcomes the High Court’s decision and calls on concerned parties to implement it immediately.  PCHR considers the implementation of the decision to be a crucial test case for the Judicial Authority Law, ratified by PNA President Yasser Arafat on 14 May.
 

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