PRESS RELEASE
The High Court of Justice Orders the Preventative Security to Immediately Release the Detainee Harb Al-Deqis.
Ref 33/99
March 18th 1999
In its session on Thursday 18th March 1999, the Palestinian High Court of Justice gave a decision implying the immediate release of detainee Harb Salama Al-Deqis, 32 years old from Jabalia refugee camp. Al-Deqis was arrested by Preventative Security on 18th March 1996 without warrant, in an obvious violation of Palestinian and international standards related to this issue.
On 13th November 1996, Al-Deqis was transferred from Preventative Security headquarters to Gaza Central Prison where his detention continued without any charges being made against him, without bringing him before a judge and without extending his detention.
According to the power of attorney given by the family of Al-Deqis, lawyers of the Palestinian Centre for Human Rights (PCHR) appealed to the High Court of Justice on 12th October 1998 for his immediate release. The appeal was made on the grounds that the proper legal procedures had not been respected during his detention. The court then gave the Attorney General’s office eight days in which to respond to PCHR’s demand.
On 21st October 1998, the Attorney General’s office asked the court for an extension of the period which was given to them to give their response, as it had written to specialized bodies to provide them with the information required. It is worth mentioning that the Attorney General’s office is the body that should be in charge of the file, according to Palestinian law. On October 10th 1998, the Attorney General answered the demand in writing, claiming that the detention of Mr Al-Deqis was valid according to legal procedures and that he was detained on case number 288/96 of the State Security Court. In a session of the High Court of Justice on 11th February 1999, PCHR lawyers argued with the Attorney General’s representatives and claimed in front of the court that this response by the Attorney General’s office was not only baseless and unacceptable, but in full contradiction with the request of the Attorney General’s office to extend the deadline. PCHR lawyers also argued that it is not at all acceptable for the Attorney General’s office to confirm that Al-Deqis was detained for the case prior to their request. Also, the PCHR lawyers harshly criticized the detention orders which were presented by the Attorney General’s office and they asked the court to order the Attorney General’s office to expose the file of the detainee if it exists, along with the detention order papers. In the same session, the Palestinian High Court of Justice requested that the file and extension detention orders be brought to the court to check whether the Attorney General’s office was binding to the legal procedures or not.
On 18th March, the Attorney General’s office made it clear to the court that they had no information about either a charge sheet or extension of detention orders. There was not even a file for the detainee and the court thus decided to immediately release the detainee Harb Al-Deqis. While PCHR welcomes the Palestinian High Court of Justice’s decision, it requests that the Palestinian National Authority is binding to the court decision to release Harb Al-Deqis. It is worth mentioning that on March 16th, detainee Marwan Abdel Karim Eisa, whose case was also adopted by PCHR, was released from the prison by the Preventative Security system according to similar decision of the High Court of Justice on 14th March 1999.
PCHR demands that the Palestinian National Authority immediately releases all Palestinian detainees who were and are still under arrest despite the legal procedures in Palestinian law. This includes those detainees that the Palestinian High Court of Justice has already given the decision to release. It is worthy to point out the case of Dr. Abdel Aziz El-Rentisi, whom the High Court of Justice gave the decision to release on June 4th 1998. However, he is still in illegal detention despite the court decision. Furthermore, on 20th February the High Court of Justice decided upon the immediate release of Wa’el Farraj, although he too remains in detention, despite the court decision.
For More Information Contact:
Palestinian Centre for Human Rights
Tel/Fax: (+) 9727 2824776/2823725
E-mail: pchr@trendline.co.il
