2019-12-02

Ramallah

Human Rights Defenders / West Bank

A Complaint Against Unlawful Detention & Ill-Treatment, And the Public Prosecution Denies

Earlier this month, MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession received a complaint filed by two lawyers complaining about the illegal detention and ill-treatment their client is subjected to. In response to this complaint, MUSAWA sent the memo listed below to the Public Prosecution demanding an immediate response to the violations implied by the components of the memo. In its turn, the Public Prosecution sent MUSAWA a memo on 5/12/2019, in which it denied that the detainee was arrested based on his political affiliation, as it was proven that he is involved in a criminal case of money-laundering. The Public Prosecution’s response is listed below for your perusal.  

His Excellency Attorney General, Adviser. Akram Al-Khatib, 

Subject: A Complaint Against Unlawful Detention & Ill-Treatment, And the Public Prosecution Denies

 On 21/11/2019, MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession received a complaint filed by Adv. Salameh Halaseh and Adv. Mohammad Al-Hreini from Ramallah, stating that their client attached to the investigative file No (331/2019), Abdul-Mon’em Ibrahim Obaid from Ramallah, an inmate of Jericho’s General Intelligence Center since 14/11/2019, is subjected to many violations that breach his constitutional rights, as within less than 24 hours, he was referred to the competent bodies in violation of the binding provisions of the Penal Procedure Law, not to mention that Jericho’s department of Intelligence assumed the investigation in his case while subjecting him to torture and ill-treatment. By assuming the investigation procedure with the defendant, Jericho’s Intelligence although has double-breached the law, given that investigating such case is Ramallah Intelligence’s specialty, besides the fact the defendant was kept at a place that lacks the minimum humane rights. On the other hand, the complainants noted that the mentioned intelligence center prevented the defendant from meeting his lawyer, while other pieces of information implied that the defendant has started a hunger strike since the first day of his detention, dated 14/11/2019 and that no direct accusation was brought against him until this date. 

MUSAWA believes that the components of this complaint -if true- entail a serious violation of the provisions of the Basic Law and the Penal Procedure Law, accompanied with wasting the Fair Trial Guarantees, and breaching the provisions of both the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the International Covenant on Civil and Political Rights signed by the Palestinian State, as article (2/2) of the Convention against Torture provides for “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.”, and article 13 of the Basic Law provides for “No person shall be subject to any duress or torture. Indictees and all persons deprived of their freedom shall receive proper treatment.”, resembling article 103, which prohibits preventing the accused from contacting his/her lawyer, and stresses on the defendant’s right to meet his/her lawyer at any time, without any restriction or supervision, in addition to considering torture a crime that may not be subject to any statute of limitations, and that its perpetrates shall be held accountable by the competent bodies in accordance to article 32 of the Basic Law.

Based on the foregoing, we ask you to consider our memo and to take the needed legal action in its regard, which shall guarantee to release the defendant for the mistrial of his custodial measures and for violating his right to access to his lawyer. The advocated remedy shall also guarantee the defendant’s right to compensation, and to hold those responsible for the torture crime accountable, including both participants and originators. Hoping that you keep us updated with the action taken by your side in this regard duly.     

With All Due Respect,

Issued on 2/12/2019

The Legal Monitoring Officer

Adv. Angham Mansour

Attachments: A copy of the complaint.

The Public Prosecution’s response to this memo is listed below.