The Palestinian High Court of Justice Orders

the Immediate Release of Muhammad Mousa Jadallah

Re.,: 71/99

Date: 7^th July, 1999

 

Yesterday, July 6, 1999, the Palestinian High Court of Justice ordered the immediate release of Muhammad Mousa Jadallah who has been illegally detained by Palestinian Preventive Security since March 24, 1996. On behalf of Jadallah’s family, lawyers from the Palestinian Centre for Human Rights (PCHR) applied to the High Court of Justice on April 18, 1999 to order the release of their son. On April 21, 1999, the Court accepted PCHR’s application and ordered the Office of the Attorney General to respond within a period of eight days providing the reasons for the continued detention of Jadallah without due process. On May 23, 1999, the Office of the Attorney General informed the Court that Jadallah had been detained in conformity with relevant laws and that his detention was extended by the State Security Court. PCHR lawyers rejected these claims by the Office of the Attorney General. Yesterday’s Court decision ordering the release of Jadallah came after the Office of the Attorney General failed to prove its claims and its statement that it knew nothing about the entire case.

PCHR expresses its satisfaction with the Court decision while demanding that Jadallah be given redress for having spent more than three years of his life illegally imprisoned. PCHR also hopes that this Court decision, as well as many other similar decisions, will be implemented by Palestinian law enforcement agencies. We are reminded of similar files where the Palestinian High Court of Justice ordered the release of prisoners, but they nevertheless remain in detention. Those prisoners include:

1. Abdel Nasser Karsou’a – The Court ordered his immediate release on July 1, 1999, but Preventive Security continues to hold him in detention.
2. Amin Deeb – The Court ordered his immediate release on June 10, 1999, but Preventive Security continues to hold him in detention.
3. Mahmoud Abu Watfa – The Court ordered his immediate release on May 8, 1999, but the Criminal Investigation Bureau of the Police Department continues to hold him in detention.
4. Wa’el Faraj – The Court ordered his immediate release on February 20, 1999, but the General Intelligence Services continue to hold him in detention.
5. Dr. Abdel Aziz Rantisi – The Court ordered his immediate release on June 4, 1998, but the Criminal Investigation Bureau of the Police Department continues to hold him in detention.

PCHR believes that the continued detention of these people in defiance of High Court decisions is illegal according to Article 143 of the Palestinian Penal Law of 1936. Such acts undermine the rule of law and the independence of the Palestinian judiciary. PCHR calls upon the Palestinian Chief Justice and the Palestinian Attorney General to do their best in order to seek respect and implementation for the above Court decisions by Palestinian law enforcement agencies.

For More Information Contact:

Palestinian Center for Human Rights

Tel/Fax: (+) 9727 2824776 / 2823725

E-mail: pchr@trendline.co.il, Web page: www.pchrgaza.org