Press Release

The Palestinian High Court of Justice Orders the Preventative Security Forces

to Immediately Release the Detainees

Khalid Ibrahim Hassan Khaleel and Fawzi Muhammed Shahatah Abu El Qarah

 

Date: 20 October 1999

Ref: 106/99

On the 18^th and 19^th of October 1999, the High Court of Justice issued rulings to release the detainees Fawzi Muhammed Shahatah Abu El Qarah, 29 years old, Khalid Ibrahim Hassan Khaleel, 30 years old, respectively. The two detainees have been illegally imprisoned since March 1996 by the Preventative Security Forces, without due legal process.

On 4, and 10 July 1999 respectively, after being appointed to represent the detainees Khalid Ibrahim Hassan Khalel and Fawzi Muhammed Shahatah El Qarah, the lawyers of the Palestinian Centre for Human Rights submitted petitions to the High Court of Justice for their release. At that time the High Court of Justice granted the Attorney General, as the representative of the Palestinian Security Forces, a respite of eight days to answer the petitions.

Sometime later, the Attorney General submitted the responses to the petitions, in which it was claimed that the detention of Khalid Khaleel and Fawzi Abu El Qarah was legal since their detentions were extended by the State Security Court. PCHR’s lawyers refuted the Attorney General’s claims since it is contrary to due legal process to hold a detainee for a period of more than three years without any charges.

The High Court of Justice issued rulings to immediately release the two detainees after the Attorney General 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 testified that there were no applications to the Attorney General’s office to extend their imprisonment beyond 30 days.

PCHR expresses its satisfaction with the Court’s decisions and hopes the rulings will be respected and executed through the immediate release of the detainees Khalid Khaleel and Fawzi Abu El Qarah. 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
2. Ameen Shafieq Diab – the Court decision to release him was issued 10 June 1999
3. Abed El Nasser Karsoo’a – the Court decision to release him was issued 1 July 1999
4. Mohammed Musa Jadallah – the Court decision to release him was issued 6 July 1999
5. Abed El Raheem Jahjooh_ the Court decision to release him was issued 3 October 1999.
6. Adel Aql Abed El Rhmaan- the court decision to release him was issued 6 October 1999.

 

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.