PRESS RELEASE
The Palestinian High Court of Justice Orders the Preventive Security Services to Immediately Release the Detainee Mahmoud Marzouk Abu Watfah
Ref.,: 54/99
Date: 9th May, 1999
On May 8, 1999, the Palestinian High Court of Justice decided to immediately release the detainee Mahmoud Marzouk Abu Watfah who has been held by the Preventive Security Services since March 21, 1996.
The Palestinian Centre for Human Rights (PCHR) began following up the developments in Abu Watfah’s case after his family complained to the Centre regarding his arrest by the Preventive Security Forces in violation of due legal process. PCHR lawyers appealed to the High Court of Justice to issue a decision releasing him. Accordingly, the High Court of Justice granted the General Prosecutor eight days to answer the Centre’s appeal. Shortly thereafter, the General Prosecutor asked the High Court of Justice to extend the granted period of time. The General Prosecutor added that he had asked the concerned parties to send his office the necessary information about the arrest of Abu Watfah.
On December 12, 1998, the General Prosecutor answered the Court regarding the appeal of PCHR lawyers. In his answer, the General Prosecutor explained that the holding of Abu Watfah was in accordance with due legal procedures and that he is charged as a result of his involvement in crimes against state security under case number 27/96 General Prosecution of State Security.
In a written defense submitted to the High Court of Justice, PCHR lawyers rebutted the General Prosecutor’s claim since it actually contradicted his previous appeal to the High Court to extend the granted period of time for finding out the reason for Abu Watfah’s arrest.
The High Court of Justice decision to release the detainee Abu Watfah came after the General Prosecutor failed to provide any evidence for the Court to continue extending his arrest. Indeed, not even an affidavit of charges was provided.
The Centre was informed during the drafting of this press release that the detainee Abu Watfah had not yet been released and, in fact, had been transferred to the Criminal Investigation Department of the police.
It is worth mentioning that Dr. Abdel Aziz Al-Rantisi is still held in the headquarters of the police despite there being a decision from the High Court of Justice to release him dated June 4, 1998. Another similar case is that of Wael Farraj who is being held by the General Intelligence Forces despite there being a decision by the High Court dated February 20, 1999, to release him.
While PCHR expressed its satisfaction with the Palestinian High Court of Justice decision to release the detainee Abu Watfah, it is asking the Palestinian Authority and the General Prosecutor’s office for the following: 1) to respect and implement the decisions of the Palestinian courts to ensure the rule of law and respect for human rights; 2) to decide as soon as possible regarding the cases of hundreds of Palestinians who are illegally held in Palestinian prisons in circumstances similar to those of Abu Watfah; 3) to implement the fair demands of the Palestinian detainees in Palestinian prisons that they either be released or brought to a fair court of justice.
For More Information Contact:
Palestinian Centre for Human Rights
Tel/Fax: (+) 9727 2824776/2823725
E-mail: [email protected] , Web page: www.pchrgaza.org
Trial Version
