PRESS RELEASE
The Palestinian High Court of Justice Orders the General Intelligence Services to Immediately Release the Prisoner Wael Ali Faraj
Ref.: 16/99
Date: 20th February, 1999
Today, February 20, 1999, the Palestinian High Court of Justice ordered the immediate release of Wael Ali Faraj, a 25-year-old student of the Islamic University in Gaza.
Faraj has been arrested by the Palestinian General Intelligence Services since April 25, 1996. His arrest was carried out without any warrant, in a grave breach of Palestinian law and international standards.
PCHR took on the case of Faraj upon the request of his family in late 1998. On October 12, 1998, lawyers of PCHR applied to the High Court of Justice in order for it to issue a decision to release him as a result of the lack of due process. The High Court of Justice at the time gave the Palestinian Attorney General’s office an ultimatum of eight days in which to respond to PCHR’s request. On November 4, the Attorney General’s office informed the court that it communicated with the “concerned bodies” (i.e. the Palestinian security forces) and was waiting for their answer. The Attorney General’s Office asked the court that it extend its ultimatum until it received an answer.
PCHR believes the answer of the Attorney General was odd because he is, in fact, the relevant concerned body. He is the final custodian of the public case and as such it is incumbent upon him to make such decisions rather than outsourcing them to other bodies.
On December 6, the Attorney General’s office submitted the answer to the court on PCHR’s request. According to the Attorney General’s office, the detention of Wael Faraj was legal and in conformation with the law as he was detained upon a decision from the State Security Court on October 6, 1997.
The lawyers of PCHR rejected the answer of the Attorney General’s office which, in essence, contradicted its prior demand to extend the ultimatum to determine the reasons for the arrest of Faraj. Now, suddenly, the Attorney General’s office is aware of his arrest from a date prior to the first session of the High Court on October 12, 1998.
Upon a request of PCHR lawyers, the High Court of Justice ordered the Attorney General’s office to submit the file of Faraj, including all relevant materials such as the so-called decision of the State Security Court. PCHR lawyers were ordered by the court to submit their rebuttal to the Attorney General’s response.
On February 20, 1999, the High Court of Justice ordered the immediate release of Wael Faraj. During the court session, the Attorney General’s office failed to prove that Faraj was legally detained by Palestinian security forces.
PCHR expresses its deep satisfaction with the court decision, but also expresses its outrage in regard to the stance taken by the Attorney General’s office which tried to justify the illegal detention of Faraj. PCHR calls upon the Palestinian Authority (PA) to provide Faraj with proper redress for the nearly three years in which he was illegally detained. PCHR also calls upon the PA to immediately implement the court decision. Furthermore, PCHR calls upon the PA to review hundreds of similar files of Palestinian prisoners in Palestinian prisons and detention centers who are illegally detained. The PA should either release the prisoners or bring them before a civil court for a fair trial.
For More Information Contact:
Palestinian Centre for Human Rights
Tel/Fax: (+) 9727 2824776/2823725
E-mail: [email protected]
Trial Version
