Ref: 96/2007

Date: 16 August 2007

Time: 14:30 GMT

PCHR Condemns the Attack on the Attorney-General and His Assistants

The dismissed government continues its illegal actions against the Attorney-General (AG) that started with its Justice Minister’s decision to suspend the AG from his work. Today, in a flagrant violation of the immunity of the AG and his assistants, the Executive Force raided the AG’s office in Gaza and assaulted the AG, and detained him and his assistants. PCHR strongly condemns this attack, and calls for prosecuting its perpetrators. The Centre renews the calls to the dismissed government to rescind the illegal decision of its Justice Minister to suspend the AG, and calls for taking serious action to protect the integrity and authority of the AG and his assistants.

PCHR’s preliminary investigation indicates that at approximately 12:00 on Thursday, 16 August 2007, the Executive Force raided the office of the AG in Jamal Abdel Naser Street in Gaza City during his meeting with his assistants. The Force informed the AG that there is an arrest order for him. The AG expressed astonishment and replied that he is the only legal authority that can issue arrest orders. Five members of the Force took the AG by force and put him in one of their vehicles, and took him to Gaza Central Prison. The AG informed PCHR’s lawyer that the force beat him during his transportation and during his detention.

In Gaza Central Prison, an official in the Executive Force asked him to sign a letter of commitment not to exercise any AG-related duties, not to travel to the West Bank, to refrain from making any press statements, and to stop incitement against the Hamas government. The AG refused to sign the letter. Orders to release the AG were issued after confiscating some documents from his briefcase related to cases. The AG was informed that the documents will be returned to him after examination. In addition, he was informed that he will be summoned regarding alleged smuggling of case files and on previous statements he’s made in a press conference.

The Executive Force spokesman, Islam Shehwan, informed PCHR’s fieldworker that the AG was detained for one hour on suspicion of smuggling legal files on cases of corruption and murder. The AG strongly denied those allegations; and stated that if he had moved any files, it was within his authority and for work-related considerations only.

In the AG’s office, members of the Executive Force body-searched all the AG’s assistants, checked their ID’s, and verified their car ownership documents. Two cars were confiscated alleging that they were governmental cars. The Force members also checked their mobile phones and erased all pictures. In addition, they cursed and insulted the AG’s assistants and threatened them at gunpoint.

It is noted that at 8:00 on the same day, the Executive Force raided another AG Office building near Abbas police station in Omar Mukhtar Street in Gaza City. An AG assistant informed PCHR that they were surprised by Force members inside their office to search and review files.

PCHR strongly condemns these illegal attacks on the AG and his assistants, and:

–         Calls for prosecuting the perpetrators of these attacks, and affirms the immunity of the AG and his assistants.

–         Is astonished at detaining the AG, noting that the AG is the only legal authority that can issue detention orders. –

         Renews the call the to the dismissed government to rescind the illegal decision to suspend the AG’s work, and affirms that only the President has the authority to suspend or fire the AG.

–         Calls for an apology for the attack on the AG’s office, and to work to restore his integrity and authority as the representative of public rights.

–         Affirms that the decision to prevent the AG from conducting his work means leaving a large vacuum in this post, which paralyzes the judicial system in all the PNA.

–         Looks positively at the AG’s effort to develop his work in the Gaza Strip, which has been a primary demand by the Centre since the events ending on 15 June.

–         Calls for protecting the AG and the judicial system from the ongoing power struggle in order to uphold justice and the interests of the public.