Press Release
Released @ 3.00 GMT 26th November 1997
Palestinian State Security Court Orders the Release of Dr. Fathi Soboh
PCHR welcomes the release of Dr. Fathi Soboh this afternoon of Wednesday 26th of November 1997, step which however came very late and after the health of Dr. S. while in prison.
Dr. Soboh a lecturer at Al-Azhar University in Gaza, was arrested by Palestinian Security forces on 2 July 1997 without a warrant from the Attorney-General in violation of Palestinian law. It appears that Dr. Soboh was arrested for preparing questions amongst which students were asked to write about corruption within the Palestinian Authority and Al- Azhar University.
* Since the first day of Dr. Soboh’s arrest, lawyers of PCHR contacted the Palestinian Ministry of Justice inquiring about the reasons for the arrest of Dr. Soboh and justification for him not being brought before a judge within 48 hours arrest as required by Palestinian law. The Center asked for permission for his lawyers to visit him in prison. The Acting Attorney-General at the time promised to act seriously on this case.
* The Center has not received any reply from the Attorney-General. Accordingly a petition was filed before the High Court of Justice regarding the illegality of the arrest. On July 12th 1997, the Court gave the Attorney-General eight days within which to respond to the above questions.
* In 21/7/1997, Individuals from Palestinian Security Forces came to Dr. Soboh’s house confiscating students answers an exam that he had administered at Al-Azhar University on 21 June.
* On 9/9/1997, the Supreme Court of Palestine considered the detention of Dr. Soboh upon an appeal made by his lawyers of the PCHR in order to seek his release and to inquire about his continued detention. The Supreme Court lasted three hours where the representative of the Attorney-General submitted that Dr. Soboh’s detention had been renewed at the State Security Court, although no charges had yet been brought against him. Under Palestinian, the representative submitted, the matter was outside the jurisdiction of the Supreme Court and he requested a dismissal of the writ. The PCHR submitted that the contrary to the rules of due process, the Attorney-General had not furnished Dr. Soboh or his lawyers with any information that the matter should be considered by the State Security Court and neither did he inform Dr. Soboh or his lawyers that renewal of detention had been sought and obtained at that court, prior to the hearing.
* Moreover, the PCHR lawyers pointed out that Dr. Soboh would continue to be help without charges, even though he had been subjected to torture and he had been in hunger strike for 36 days in protest. At the end of submission, the Supreme Court was adjourned for deliberation of the case to be re-adjourned on the 6th of October 1997, when judgment may be handed down.
* The State Security Court was established in February 1995 by the PNA, by a decree from the President, to try politically sensitive cases that have a security dimension, after pressure from Israel and the United States to do so. Its formation, continued existence and activity has been vigorsouly opposed by human rights organisations because it acts in violation of all standards of fair trial, justice and due process. Furthermore, human rights groups had warned of and condemned the manner in which it has a destructive impact on the independence of judiciary and the civil society in Palestine.
* On 6/10/1997, the Supreme Court of Justice rejected the appeal for the release of Dr. Soboh. The grounds for rejection of the writ of habeus corpus where that the High Court of Justice had no jurisdiction over cases in the State Security Court. Accordingly Dr. Soboh continued to be detained with no charges nor formal allegations made against him.
* On 30/10/1997, Dr. Soboh was admitted to AL Shifa Hospital in Gaza unconscious for twenty hours. The following days, his health deteriorated more and more and his doctors recommended that he should be sent a hospital outside of Gaza because of the lack of proper medical treatment for his case in Gaza.
* On 26/11/1997, Dr. Soboh was brought from Al Shifa hospital to the State Security Court which decided to release him on bail of 5000 JD. The Court’s decision added that Dr. Soboh should be present every day in a police station and that he could only leave the Country upon a written permission from the Attorney-General.
PCHR while positively views the release of Dr. Soboh, though belated, expresses its deep concern about the deterioration of Dr. Soboh’s health which would not enable him to appear in the police station every day. PCHR demands that all restrictions on the movement of Dr. Soboh should be lifted so he can travel outside the country to receive medical treatment as recommended by his doctors.
