Ref: 136/2007

Date: 11 October  2007

Time: 10:30 GMT

Preventive Security Service Abstains from Implementing a Judicial Order to Release a Detainee

The Preventive Security Service (PSS) in Hebron has abstained from releasing Mohammed Isma’il Abu ‘Arqou, 42, from al-Majd village, southwest of the town, in response to a judicial decision that ordered his release him on bail.

According to Abu ‘Arqoub’s wife, Ferial Yousef Abu ‘Arqoub, at approximately 07:30 on Thursday, 4 October 2007, Palestinian security forces arrested her husband when he was on his way to his work at a school in the center of Dura village, southwest of Hebron. On Sunday morning, 7 October 2007, her husband appeared before a judge. The Attorney-General’s office accused him of attacking and inciting against security official when they arrested him, without providing any evidence or testimonies. The judge ordered his release on bail of 500 JD (approximately US$ 700). Even though the family paid the bail, the PSS chief in Hebron has refused to implement the judicial ruling and has abstained from releasing Abu ‘Aroqub.

While they were arresting Abu ‘Arqoub, Palestinian security services prevented ‘Awadh Ibrahim Rajoub, 32, correspondent of al-Jazeera.net from photographing the process and the incidents that followed. According to Rajoub, when the security forces arrested Abu ‘Arqoub, a number of school children gathered and threw stones at them and at the headquarters of the PSS in the same area, in protest to arresting their teacher. Palestinian security services immediately closed the road leading to the headquarters. At approximately 10:00, Rajoub and his colleague, Khaled ‘Amaira, arrived at the scene for photographing. They saw Palestinian security services extensively deployed in the area, closing the aforementioned road. When they started to photograph the scene, a masked security man came to them and requested them to stop photographing. Although he knew their identity, the security man refused to allow them to photograph without permission from the chief of the PSS. They went to the headquarters of the PSS to obtain permission. After they had waited for several minutes, a security man told them that they were not permitted to photograph.

In light of the above:

1)      PCHR calls for immediate release of Abu ‘Arqoub in response to the judicial ruling.

2)      PCHR reminds that abstention from implementing judicial rulings constitutes a punishable violation for legal orders.

3)      PCHR warns of the repercussions of the challenge of court rulings by chiefs of security services on the rule of law and the independence of the judiciary, and calls for compliance to judicial rulings.

4)      PCHR calls for respecting press freedoms, providing protection for journalists and media institutions and taking necessary measures to allow them to work freely as part of the right of the freedom of expression.