June 22, 1998
The Palestinian High Court of Justice dismisses an appeal to  release Dr. Ibrahim al-Maqadma.
The Palestinian High Court of Justice dismisses an appeal to  release Dr. Ibrahim al-Maqadma.

 

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      PRESS RELEASE

      Released @ 13.00 hours GMT 22 June 1998

The Palestinian High Court of Justice dismisses an appeal to release Dr. Ibrahim al-Maqadma

On June 20, the Palestinian High Court of Justice (HCJ) dismissed an appeal brought before it by lawyers of the Palestinian Centre for Human Rights (PCHR) against the Palestinian Attorney General’s Office for failing to provide reasons for the continued illegal detention of Dr. Ibrahim al-Maqadma and demanding his release. Dr. Ibrahim al-Maqadma, a prominent figure of the Islamic movement in Gaza, was subjected to arbitrary detention by Palestinian police on April 10, 1998 and has not been granted due process before the law. In its session on June 4, 1998 the HCJ granted the Attorney General’s office until June 20 to provide reasons for his detention. In a previous ruling, the HCJ granted permission to lawyers from PCHR, who represent al-Maqadma, to visit him in prison. However, the Director-General of the Palestinian police has denied prison access to the lawyers despite the HCJ decision.

During the most recent session of the HCJ on June 20 the representative of the Attorney General’s Office claimed that the detention of al-Maqadma was carried out in accordance with legal procedures and that al-Maqadma is charged with incitement and conspiracy against the Palestinian Authority. The representative also claimed that al-Maqamama’s detention was extended by a state security court. The representative called on the HCJ to dismiss the appeal, charging that the HCJ had no jurisdiction over this case which had already been reviewed by the state security court.

PCHR expresses its surprise over the recent statements of the Attorney General’s Office. For the more than 2 months of Dr. Al-Maqadma’s detention, the PCHR has continually attempted to elicit the reasons for his illegal detention without any response from the Attorney General’s Office. Moreover, during this period, the Attorney General’s Office was unable to provide the reasons for his detention and has also failed to oblige the Palestinian police to provide access for Al-Maqadma’s lawyers to visit him.

Since the early days of his detention, the Attorney General’s Office was not informed of the reasons behind the detention of Al-Maqadma, which prompted the PCHR to appeal to the jurisdiction of the HCJ. PCHR is surprised also that the detention of Dr. Al-Maqadma was extended by a state security court without the request or the knowledge of the Attorney General’s Office. PCHR will continue its work to ensure the release of Dr. Al-Maqadma and to continue the inquiry into the legality of his arrest.