Ref: 91/2009

Date: 20 July 2009

Time: 10:00 GMT

Preventive Security Service Refuse to Implement High Court of Justice Ruling Ordering Release of Journalist Mustafa Sabry

In a serious assault against the powers and independence of the Palestinian judiciary, the Preventive Security Service (PSS) in Qalqilya town has refused to release journalist Mustafa Sabry. Mr. Sabry, 43, has been detained by the PSS since 21 April 2009. His detention was originally endorsed by the chief military justice on 22 April 2009. On 15 June 2009, the High Court of Justice in Ramallah ordered Mr. Sabry’s release.

Mr. Sabry had submitted a petition via his lawyer Mohammed Shdeed against the Head of the PSS in Qalqilya and the chief military justice in Ramallah, challenging the legality of his arrest. In a session held on Monday, 15 June 2009, and headed by Judge Iman Nasser al-Din and attended by Judges Rafeeq Zuhod and Salah Manna’, the Ramallah-based High Court of Justice confirmed that the military prosecution does not have the authority to arrest Mr. Sabry as he is a civilian., and ordered his immediate release. This ruling has not yet been implemented.  

The court ruling states that:

“Thoroughly reviewing the case’s documents and the evidence provided, we find that the defendant is civilian and he has been detained according to an order issued by the chief military justice on 22 April 2009.  He has not appeared before the Attorney-General’s in 24 hours as stipulated in article 34 of the Penal Measures Act #3 of 2001, which has the absolute authority to investigate crimes according to article 55 of the same act.  His detention was ordered by the chief military justice, although the military judiciary does not have the authority to do so, as its mandate is limited to military affairs.,  Consequently, the chief military justice’s decision to detain the defendant constitutes an extortion of powers and undermines the defendant’s personal freedom, which is ensured by the articles 11 and 12 of the Basic Law.”  

According to investigations conducted by PCHR and the testimony of Sabry’s wife, on 21 April 2009, two PSS vehicles arrived at Sabry’s house in Qalqilya to arrest him.  When asked about his whereabouts, his family affirmed that he was at a nearby orchard. Security officers went to the orchard and arrested him.  He was taken to the PSS headquarters, where he continues to be detained. A PSS legal advisor informed PCHR that Sabry is detained by the military prosecution on a security basis, and that, as he is under investigation no visitations are permitted. Despite repeated attempts, Mr. Sabry’s family has not been able to visit him.

Sabry is a correspondent of the Gaza-based Palestine Daily and a member in the Qalqilia municipal council, representing Hamas. Sabry had been arrested several times, the last of which was on 31 July 2008 by the General Intelligence Service in Qalqilia. The military prosecution ordered his detention on 13 August 2008. On 10 September 2008, the Palestinian High Court of justice ordered his immediate release, but the court ruling was not immediately implemented.

In light of the abovementioned, PCHR:

1-     Calls upon the Palestinian Ministry of Interior in Ramallah to pressurize the PSS to abide to the Palestinian High Justice Court ruling and immediately release Mr. Sabry

2-     Reiterates that Mr. Sabry is a civilian; thus, the military persecution has no authority to detain him.

3-     Is highly concerned over repeated assaults against the right to freedom of expression, and stresses the need to provide protection for journalists and mass media as well as taking measures to ensure that they can carry out their work freely. 

4-     Stresses that the right to freedom of expression is ensured by the Basic Law and international human rights instruments.

5-     Calls upon security services in Ramallah and Gaza not to involve journalists in the conflict.

6-     Reminds that political arrests are prohibited according to a decision of the Palestinian High Court of Justice issued on 20 February 1999; all executive bodies must respect this ruling and abstain from conducting illegal political arrests.

7-     Reminds that the continued detention of Mr. Sabry in spite of the court ruling constitutes a violation of legal orders punishable by the law.