2017-11-02

Ramallah

West Bank

His Excellency the Head of the Military Justice Commission, Major General Ismail Farraj,

Subject: unlawful detention and violation of the detainee’s right to contact his family

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their greetings, noting that we received a written complaint on 02/11/2017 from a citizen, called ………………………, residing in the village of ……………….. in the south of Jenin, stating that a month prior to the date of the complaint he lodged at MUSAWA, 02/10/2017, his brother, soldier ……………………….., was summoned by Ramallah’s military intelligence, who arrested him and kept him in detention in Jericho. Since the said date and until this moment the rights of the detainee have been violated; he has been prohibited from contacting his lawyer and family members, no specific charges have been pressed against him, neither his lawyer nor his family have been informed about the reasons behind his detention for all of this period, and he has not appeared before a competent court to decide whether to present him for trial or release him. The detainee is still being kept in detention until this moment, and there is no official limit or legal/judicial justification for this detention. It should be borne in mind that the detainee is a married man of five children, and he suffers from medical problems.

The complaint added that two days following the detention of the complainant’s brother (soldier), the Governor detained his second brother (civilian) for ten continuous days without presenting him to the Public Prosecution or the court. No charges were pressed against him, and his detention came without any legitimate legal justification, violating the clearly stated provisions of the Penal Procedures Law as well as the second section of the Basic Law, which prohibits the unlawful arrest and/or detention of any citizen, and depriving him of the fair trial guarantees he is entitled-to.

As an independent, professional and impartial watchdog organization, MUSAWA believes that the contents of the said complaint, if true, indicate a violation of the rights the citizen is entitled-to by the Constitution and a deviation from the provisions of the law, which requires legal action to be taken regarding the matter, including releasing the complainant’s soldier-brother, holding accountable those who unlawfully detained both of his brothers, and ensuring that a fair remedy be sought for both of them in accordance with the Basic Law. We kindly ask your Excellency to keep us updated on the action taken in accordance with the powers granted to you by duly responding to our memo. 

Issued on 02/11/2017

MUSAWA

Attachments: - A copy of the complaint (4 pages).