2017-01-29

Ramallah

West Bank

His Excellency Public Prosecutor
Dr. Ahmad Barrak,

Subject: Compromising Fair Trial Guarantees

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings and expresses to you that we have received a written complaint on 19/01/2017, lodged by the citizen Mohammad Abdul-Latif Suboh from Birzeit. The complaint stated that his son, Abdul-Latif Mohammad Suboh, was arrested by the Palestinian General Intelligence on Saturday 14/01/2017 at 4:00 PM.

In his complaint, the complainant stated that his son is a student at Birzeit University, and that he was arrested as he was leaving the university. The executors of the arrest did not introduce themselves. The father was not able to contact his son or know his place until an intelligence officer contacted him at 1:00 o’clock the night of Wednesday 18/01/2017, without introducing himself. The officer told him that his son can be found at the General Intelligence. The complainant also wrote that no charges were pressed against his son, and that his parents were allowed to contact him over the phone only once, on 18/01/2017, where he told them that he was in Jericho’s prison and that only a representative of the Independent Commission for Human Rights can visit him, neither his parents nor his lawyer are allowed to do so.

We, MUSAWA, believe that the contents of the complaint, if true, reflect a serious violation of the provisions of the Basic Law, as Article (11) states that “1- …, 2- It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order in accordance with the provisions of the law…” and Article (12) states that “Every arrested or detained person shall be informed of the reason for their arrest or detention. They shall be promptly informed, in a language they understand, of the nature of the charges brought against them. They shall have the right to contact a lawyer and to be tried before a court without delay”. This is in addition to violating the Penal Procedure Law, which includes provisions stating that officers invested with judicial powers shall detain the accused for no more than 24 hours, after which the accused is immediately sent to the Public Prosecution.

Accordingly, we hope that you would carefully examine this complaint and take the necessary legal action regarding the matter, which would then be to duly release the detainee.

With all due respect,

Issued on 29/01/2017

                                   Chairman of MUSAWA’s Board of Directors
                                     Advocate Yasser Jaber                   

•    Attached a copy of the complaint.