2017-10-23

Gaza

Gaza

His Excellency the Attorney General Diaa Al-Din Al-Madhoun/ Gaza,

Subject: taking the law into one’s own hands and violating their right to access to justice

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their warmest greetings, noting that we received a complaint on 19/10/2017 from a citizen named Husam Abdel Qader Al-Bilbeisi, stating that he was kicked out of his rental house, located in Al-Breij camp, by the landlord, whose name is ……………………………… . The property owner threw the furniture out of the tenant’s house without the permission of the tenant and while he was not in the house due to delayed payment of 650 shekels. According to the complaint, the property owner took matters into his own hands without even obtaining a court order to evacuate the tenant as appropriate. If true, this violates the law and promotes the idea of the law of the jungle.

The complainant added that the owner of the property allowed other individuals to use the property, which still contained some of the tenant’s furniture and belongings, knowing that the tenant was still the rightful usufructuary of the property. Consequently, the complainant resorted to …...’s police station, in Al-Breij camp, to file a complaint against the property owner. However, the Head of investigation at the said police station refused to receive the complaint, which stated that the complainant was threatened of being killed and was verbally abused by the landlord. Based on that, the complainant was deprived of his natural right to access to justice, which should be guaranteed by the police, the Public Prosecution, and the judiciary in promotion of the culture of the rule of law, and in equal implementation of its provisions. Disputes should be resolved on a basis of impartiality in order to ensure that the rights of all right-holders are realized as appropriate. Those who take the law into their own hands must be subject to punishment. Protecting the rights of citizens is a duty, at the forefront of which lie the right to equality before the law and the judiciary and the right to access to justice.

As an independent non-governmental watchdog organization, MUSAWA believes that the contents of the complaint, if true, violate the rights of citizens which are stipulated in the Basic Law and the relevant legislation, and they represent abstention from fulfilling a duty imposed by law on public officials, including the police, which gives rise to suspicions of corruption. 

In the same context, we point-out that the Basic Law states that “homes shall be inviolable; they may not be subject to surveillance, broken into or searched, except in accordance with a valid judicial order and in accordance with the provisions of the law…. Individuals who suffer from such violation shall be entitled to a fair remedy, guaranteed by the Palestinian National Authority”. 

Accordingly, we ask you to look deeply into our memo and to ac upon it as appropriate and in accordance with the law by holding accountable any person who might have obstructed the complainant’s right to access to justice, and ensuring that the complaint is duly received and proceeded-with.

With all due respect,

Issued on 23/10/2017

MUSAWA

Copy to:

- The Comptroller-General of the Ministry of Interior

Attachments:

- A copy of the complaint