2020-09-21

West Bank

West Bank / Announcement / position paper

A Memo to the Attorney General on the Security Services' Refrain from Executing Judicial Rulings to Release Detainees

His Excellency Attorney General, Mr. Akram Al-Kathib,

Subject: Refraining from Executing Court Decision

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to you, noting that the center has received two written complaints concerning the security services’ non-execution of court decision without legal basis. The first complaint was filed by Adv. Shadi Shaaban, the agent of the defendant, Nidal Rebhi Hasan Shalabi, the holder of identity card 954154878, from Jenin Camp, who previously spent two weeks in custody at the request of Jenin’s Governor, before he got referred to the police on 15/9/2020, and then to the prosecution, which suspended him until 17/9/2019, the date when the Magistrate Court of Jenin decided to release him. In response to the mentioned release decision, the Public Prosecution called on the mentioned court to reconsider its decision and managed to hold the defendant back in custody. However, the Magistrate court of Jenin dropped the Public Prosecution’s request and insisted on releasing the defendant, which was refused by the Intelligence Service. The Intelligence service did not only refrain from implementing the release decision but also refrain from executing the court decision to drop the Public Prosecution’s request to reconsider the release decision, leaving the defendant in custody until this very day without any legal basis and in violation of the provisions of the Basic Law and the Judicial Authority Act. In his turn, the defendant’s agent turned to the district prosecution for inquiry, where the Chief Deputy, Adv. Ayman Treibeh informed him that the Public Prosecution does not oppose the release decision and that he can file a request with the Attorney General regarding the Security Services’ non-execution of the court’s decision. It is worth mentioning that the defendant, who suffers from heart disease, is currently held in custody by the Intelligence Service. 

Mr. Prosecutor,  

MUSAWA has also received another complaint filed by Adv. Hatem Shahine, the agent of the defendant, Firas Rasheed Mahmoud Halabi, the holder of identity card 910647197, who was released under a decision issued by Jericho’s Magistrate Court on 15/9/2020, which is still not in force, since the security services refuse to implement the mentioned decision, although it was issued twice in a row concerning the investigation files No. 248 and 262 of 2020.  

We, therefore, note the negative impact of the non-execution of Court decisions on the public's confidence in the justice system, and its clear violation of the provisions of article 106 of the Basic Law and Article 82 of the Judicial Authority Act, which clearly state that “Judicial rulings shall be implemented. Refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him”.

Recalling your stated positions with regard to ensuring the protection, security, and stability of human rights and freedoms and the observance of the rule of law, and in view of your direct responsibility for the work of the judicial police, including the security services, and your responsibility to implement court decisions and judgments, we hope that you will intervene immediately with the security services to ensure their compliance with the decisions issued by the Magistrate Courts of Jericho Jenin and to ensure the prompt release of the detainees mentioned in this note duly.

With All Due Respect,

Issued on 21/9/2020

MUSAWA

Attachments:

• Copy of the release order of the detainee, N.S, issued by the Magistrate Court of Jenin.
• Copy of the minutes of the hearing on rejecting the request to reconsider the decision to release N.S.
• Copy of the two release orders of the detainee, F.H., issued by the Magistrate Court of Jericho.