Ref:
27/2010

The
Palestinian Center for Human Rights (PCHR) condemns the West Bank security
services’ non-compliance with decisions taken by the Palestinian High Court of
Justice ordering the release of civilian detainees. PCHR is also gravely concerned over the
arbitrary use of authority by executive bodies, their disrespect for the constitutional
principle of the separation of powers, and the continued illegal detention of
political prisoners. PCHR calls upon the
Palestinian government in Ramallah to abide by decisions taken by the
Palestinian judiciary ordering the release of certain detainees, and to release
all political prisoners, putting an end to this issue in both the West Bank and
the Gaza Strip.

According
to complaints PCHR has received, a number of persons whose release has been
ordered by the High Court of Justice have continued to be detained by security
services or have been re-arrested a few days after the Court rulings. In this context, PCHR has documented the
following cases:

1) Tariq ‘Abdul Raziq Abu
Zaid, a journalist from Jenin, has been detained by the Palestinian Military
Intelligence Service in Ramallah. His
release was ordered on 12 January 2010. However, on 16 February 2010,
a special military court sentenced him to 18 months of
imprisonment under charges of prejudicing the status of the Palestinian
National Authority (PNA) in violation of Article 164/a and b, and opposing the
public policy of the PNA in violation of Article 179 of the Revolutionary Penal
Code of the Palestine Liberation Organization of 1979.

2) A decision was issued
on 14 March 2010 ordering the release of Rami Nabeel Dar Mousa, from Beit Leqia
village west of Ramallah.

3) A decision was issued
on 24 March 2010 ordering the release of Tariq Hani Abu ‘Eisha, from Hebron,
who has been detained by the Preventive Security Service in Hebron.

4) A decision was issued
on 28 March 2010 ordering the release of ‘Awadallah Jameel Eshtayeh, from Salem
village east of Nablus, who has been detained by the General Intelligence
Service.

5) A decision was issued
on 28 March 2010 ordering the release of Mousa No’man ‘Aassi, from Beit Leqia
village west of Ramallah, who has been detained by the Military Intelligence
Service.

6) A decision was issued
on 05 April 2010 ordering the release of Shaher Mohammed ‘Assaf, from Bedya
village northwest of Salfit, who had been detained by the General Intelligence
Service. ‘Assaf was re-arrested soon
after his release. 

It
must be noted that court rulings ordering the release of detainees are not
limited to the cases mentioned above. These detainees have been held pursuant to decisions issued by the
military judiciary even though they are civilians. They have not appeared before the general
prosecution, and their release was ordered by the High Court of Justice as the
bodies that have been detaining them are not competent and their detention
constitutes an usurpation of authority.

In
light of the above, PCHR:

1) Stresses that the
aforementioned detainees and dozens of other like them are civilian persons:
their detention does not fall under the authority of the military judiciary;

2) Reminds that political
arrests are prohibited according to the Palestinian High Court ruling of 20
February 1999, and all executive bodies must respect the court ruling and
refrain from carrying out illegal political arrests;

3) Calls upon the PNA to
nullify the Revolutionary Penal Code of Palestine Liberation Organization of
1979 since it is unconstitutional; and

4) Calls upon the
executive authority, both civil and security, to respect and immediately
implement decisions issued by the judiciary, and to stop illegal detentions of
Palestinians.     

“End”