The High Court of Justice Orders the Preventative Security Forces to Immediately Release Three Detainees

Ref: 21/2000

Date: 15^th February, 2000

The High Court of Justice continues issuing decisions to release detainees whom have been illegally imprisoned by the Palestinian security forces, without due legal process.

On its session held on February 14, 2000, the High court of Justice ordered to release Mahmoud Fuad Abu Mattar, 27 years old from Beit Lahyia, Ahmad Fuad Ahmad Abu Mattar, 31 years old from Jabalyia, and Ibrahim Hussein Mohammed Afana, 45 years old from Gaza, who have been imprisoned by the Preventive Security Forces since February 1999.

On behalf of the above-mentioned detainees, the lawyers of the Palestinian Centre for Human Rights submitted applications for their release to the High Court of Justice on 28 October 1999. At that time the High Court of Justice granted the Attorney General, as the representative of the Preventive Security Forces, a respite of eight days to answer the applications.

Sometime later, the Attorney General submitted the responses to the applications, in which it was claimed that the detention of the three detainees was legal since their detentions were extended by the State Security Court. PCHR’s lawyer refuted the Attorney General’s claims since it is contrary to due legal process to hold the detainees for a period of one year without any charges.

The High Court of Justice issued decisions to immediately release the three detainees after the Attorney General’s representative testified before the Court to the absence of any charges against them, and after it was proven that the Attorney General had no information in this regard except the imprisonment orders. Moreover, the Attorney General’s representative testified that there were no applications to the Attorney General’s office to extend their imprisonment beyond 30 days.

It is worth mentioning that on December 2, 1999, the Preventive Security Forces released the detainee Ibrahim Afana. Despite the lack of any information in this regard, except the imprisonment orders, the Attorney General asserted that Afana is still being held in the preventive security forces’ prison, and presented his imprisonment orders to the court. This, in fact, proves that the Attorney General does not effectively control the continuing imprisonment of detainees without due legal process, which is his responsibility.

PCHR expresses its satisfaction with the Court’s decisions and hopes the decisions will be respected and executed through the immediate release of the three detainees. Furthermore, PCHR demands compensation for them for their illegal imprisonment. At the same time, PCHR calls for the immediate implementation of 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, and he is held in the General Intelligence’s prison.
2. Ameen Shafieq Diab – the Court decision to release him was issued 10 June 1999, and he is held in the Central Gaza’s Prison.
3. Abed El Nasser Karsoo’a – the Court decision to release him was issued 1 July 1999, and he is held in the Central Gaza’s prison.
4. Mohamed Musa Jadallah – the Court decision to release him was issued 6 July 1999, and he is held in the Central Gaza’s prison.
5. Abed El Raheem Jahjooh_ the Court decision to release him was issued 3 October 1999, and he is held in the Central Gaza’s prison.
6. Adel Aql Abed El Rhmaan- the court decision to release him was issued 6 October 1999, and he is held in the Central Gaza’s prison.
7. Fawzi Mohamed Abu El Qarah- the court decision to release him was issued 18 October 1999, and he is held in the Central Gaza’s prison.
8. Wa’el Talab Nassar- the court decision to release him was issued 8 November 1999, and he is held in the Central Gaza’s prison.
9. Khaleel Ahmad Abu U’da – the court decision to release him was issued 8 November 1999, and he is held in the Central Gaza’s prison.
10. Nasser Al Attar- The court decision to release him was issued 14 November 1999, and he is held in the Central Gaza’s prison.

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.