2017-03-15

Ramallah

West Bank

Honorable Attorney General
Mr. Ahmad Barrak,

Subject: Violation of a lawyer’s right to contact their client

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession receibed on 06/03/2017 a written complaint from two lawyers from Ramallah, Salameh Halaseh and Mohammad Al-Hareeni. The complaint states that, on 26/02/2017, as they were attempting to visit their clients, who are being held at Jericho’s Preventive Security Service and the Preventive Security Service’s headquarters in Ramallah, the lawyers were prevented from meeting with the clients in private. In their complaint, the lawyers added that the prevention occurred once more against Mohammad Al-Hareni on 05/03/2017, and the Investigation Officer warned him not to ask his client whether or not he has been interrogated during the night hours.

MUSAWA believes that the contents of the complaint which was lodged by the two lawyers, if true, represent a grave violation of the provisions of Article (12) of the Basic Law, which states that “…, they shall have the right to contact a lawyer and to be tried before a court without delay”. Furthermore, this obstructs the lawyer’s work and his cooperation with the Judicial Authority for the purpose of achieving justice, emphasizing the rule of law, and guaranteeing the citizens’ freedoms and their right to defense. In addition, this represents a compromise to fair trial guarantees, which are stressed in Palestinian laws as well as in the international treaties Palestine has acceded-to, namely the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

Honorable Attorney General,

MUSAWA hopes that your Excellency examine the complaint and take the appropriate legal action regarding the matter. The Preventive Security Service along with the other members of the judicial police should be urgently instructed to respect a lawyer’s right to contact their client and to carry-out other duties relevant to their work as lawyers, in fulfillment of what Palestine has committed itself to by acceding to international treaties.

With all due respect,

Issued on 15/03/2017        

                            MUSAWA

Attachment:

- A copy of the complaint.