Memo: Illegal Detention, Unlawful Sanctions, Abuse of Power, Charging Unlawful Fees , Separation of Powers

Date 2018-04-25

LOCATION Gaza

Legal memo to:
President of Higher Sharia Court, Sheikh Hasan Al-Joujou / Gaza
His Excellency Attorney General, Diaa’ Al-Din Madhoun / Gaza
His Excellency Head of the High Judicial Council, Advisor Abdul Raouf Al-Halabi / Gaza
His Excellency Secretary-General of the Legislative Council, Nafeth Madhoun / Gaza
Chairman of Sharia Bar Association, Ayman Abu-Eisheh / Gaza

Complaint from:
Adv. Subhi Al-Bayouk, representing Dr. Mousa Mohammad Atiyyeh Abu-Seilik

Subject:
“Illegal Detention, Unlawful Penalties, Abuse of Power, Charging Unlawful Fees, Separation of Powers”

Memo date:
25/04/2018

Brief description:
On 19/04/2018, MUSAWA received a complaint from Adv. Subhi Al-Bayouk (mentioned above), stating that his client (Dr. Mousa Mohammad Atiyyeh Abu-Seilik) has been detained since 13/03/2018 following a verdict rendered by Sharia Judge ………………. That he be detained for an indefinite period under the name of “imprisonment until compliance”! The complainant added that he had file a release request on 28/03/2018, but it was rejected along with his request to obtain a photocopy of the imprisonment verdict for appealing the judgment.
The complainant stated that he had filed a complaint to the Higher Sharia Court, which asked him to pay the amount of 500 Shekels as a fee paid in advance. He had also filed a complaint to the Office of the Attorney General, which decided that the matter does not fall within their jurisdiction. Accordingly, a third complaint was lodged at the Supreme Administrative Court, which had the same response as the Office of the Attorney General’s.

MUSAWA’s intervention:
MUSAWA believes that several violations and infringements are entailed in the contents of the complaint: illegal detention; creating unlawful penalties (imprisonment until compliance); abuse of power; unlawful charging of fees; and the implementation of the separation of powers in a way that hinders the monitoring process and the protection of human rights. Therefore, we demand that the complainant’s client be released immediately, and those who are responsible be held accountable.