Ref: 76/2007
Date: 31 July 2007
Time: 10:00 GMT
PCHR Gravely Concerned over the Attack on One of Its Lawyers by El-Qassam Members
PCHR is gravely concerned over the attack by armed members of Izzedeen El-Qassam Battalions, the armed wing of Hamas, on one of the Center’s lawyers who was performing his work. The gunmen seized legal documents from him during his return from a mission in Khan Yunis. The Centre calls for investigating this attack and prosecuting the perpetrators. The Centre calls for stopping all illegal actions by El-Qassam Battalions.
The lawyer, Shareef Mustafa Abu Nassar (45) works in PCHR’s Legal Unit. At approximately 14:00 on Monday, 30 July 2007, he went to the town of Bani Suheila east of Khan Yunis. He went to the house of Dr. Salem Abu Sa’ada, the Mayor of Bani Suheila and also a Director-General in the Ministry of Civil Affairs. The purpose of the visit was to get an affidavit and documentation regarding the confiscation of his jeep by members of the Executive Force and E-Qassam Battalions at approximately 9:30 in the morning of the same day. At approximately 15:30, Abu Nassar left Abu Sa’ada’s house, and headed to PCHR’s branch in Khan Yunis. About 500 meters away from Abu Sa’ada’s house, a vehicle intercepted the taxi in which Abu Nassar was traveling. Three gunmen in civilian clothes got out of the car. One of them identified himself as a member of El-Qassam Battlions. He asked Abu Nassar to get out of the car. Abu Nassar refused, and was asked to hand over the file that he was carrying. He also refused and informed the member of El-Qassam that he works in the Palestinian Centre for Human Rights. The other two gunmen searched the taxi; and the gunman asked for the file a second time. Abu Nassar refused to hand over the file.
The gunmen made a call on his mobile phone; and then informed Abu Nassar that the file will be confiscated, by force if necessary. The gunmen took the file against Abu Nassar’s will and searched it. He took Abu Sa’ada’s affidavit and a copy of the registration documents of Abu Sa’ada’s jeep. The empty folder was returned to Abu Nassar. After getting the empty folder, Abu Nassar asked the gunman about his name. The gunman replied, “We are from El-Qassam Battlions, eastern part of Khan Yunis, Bani Suheila. No need for my name. The address I gave should be enough to reach us.
PCHR made several contacts with relevant parties. And at approximately 17:30, the file was returned to the Center’s branch in Khan Yunis, and an apology was submitted to the Centre and the lawyer.
PCHR strongly condemns this attack, and:
Affirms that El-Qassam Battalions are not a police force or a law-enforcement agency. Its members are not entitled to any authority to deal in civilian matters; and any actions they take in this regard are illegal.
Reminds of the rights and privileges of lawyers in accordance with Law #3 of the Year 1999 regulating lawyers’ work that states, “It is illegal to detain or pursue a lawyer for any action taken in fulfillment of professional duty…” and “a Lawyer’s office cannot be searched except in the presence of the President of the Bar Association or a representative of the President….”
Calls for stopping all illegal actions perpetrated by El-Qassam Battalions, including administering detention centers, carrying out detentions and interrogations, and perpetrating torture and other forms of inhumane treatment.[1] The Centre reminds that administering detention centers, carrying out detentions, and questioning are the mandate of official law-enforcement agencies only.
