Press Release

 

The High Court of Justice Orders the Preventative Security Forces to Immediately Release the Detainee Ibrahim Abu Alwaan

Date: 10 October 1999

Ref: 100/99

On 10 October 1999, the High Court of Justice issued a decision to release the detainee Ibrahim Abu Alwaan , 48 years old, who has been illegally imprisoned since 8 March 1996 by the Preventative Security Forces, without due legal process.

On 12 May 1999, after being appointed to represent Abu Alwaan, the lawyers of the Palestinian Centre for Human Rights submitted an application to the High Court of Justice for his release. At that time the High Court of Justice granted the Attorney General, as the representative of the Palestinian Security Forces, a respite of eight days to answer the application.

On 28 June 1999, the Attorney General submitted the response to the application, in which the Palestinian Security Forces claimed that the detention of Abu Alwaan was legal since he was held under imprisonment order number 269/96 of the State Security Attorney by the sanction of the Gazan State Security Court. PCHR’s lawyer refuted the Attorney General’s claim since it is contrary to due legal process to hold a detainee for a period of more than eight months without any charges.

The High Court of Justice issued a decision to immediately release the detainee after the Attorney General testified before the Court to the absence of any charge against Abu Alwaan, and after it was proven that the Attorney General had no information in this regard except the imprisonment orders. Moreover, the Attorney General testified that there was no application to the Attorney General’s office to extend the imprisonment beyond 30 days.

PCHR expresses its satisfaction with the Court’s decision and hopes the decision will be respected and executed through the immediate release of the detainee Abu Alwaan. Furthermore, PCHR demands compensation for Abu Alwaan for his imprisonment with out any logical or legal reason. At the same time, PCHR calls for the immediate implementation all the High Court of Justice’s decisions issued for the release of detainees still being held in Palestinian State Security Forces’ prisons, amongst these detainees are:

 

1. Wa’el Ali Faraj – the Court decision to release him was issued 20 February 1999
2. Ameen Shafeeq Dyaap – the Court decision to release him was issued 10 June 1999
3. Abed El Nasser Adeep Karsoo’a – the Court decision to release him was issued 1 July 1999
4. Mohammed Musa Jaad Allah – the Court decision to release him was issued 6 July 1999
5. Abed El Rahiem Jahjooh- the court decision to release him was issued 2 October 1999.
6. Adel Aql Abed El Rahman- the court decision to release him issued 5 October 1999.

Moreover PCHR calls upon the Palestinian National Authority to immediately decide on hundreds of similar cases of Palestinian detainees who are held in its prisons contrary Palestinian law. PCHR affirms the fairness of these detainees’ request to be immediately released or to be brought before a just civil court according to the law.