2020-02-11

Gaza

Human Rights Defenders / Gaza / position paper

Memo on Refusing Unnecessary Detention and Demanding Humane Conditions at Detention Centers

His Excellency Attorney General, Diaa Al-Dein Al-Madhoun, / Gaza

Subject: Unnecessary Detention is an unlawful act that violates human rights and Health harmonization of detention centers is a legal requirement that shall not be neglected

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your Excellency, noting that on 20/2/2020, the center received a complaint from the Muktar ……., who resides in Gaza, stating that a police member arrested him while he was leaving Al-Yarmouk Mosque located in his area of residence and that he was taken to the police station without knowing the reasons for his arrest, especially that he was arrested without prior notice, and that he was held in the police custody for hours before being transferred to the police station of ………… The complainant denied the claim of the Director of ………….. Police Station that he had received three subpoenas, and that he did not appear before the police, by denying that he had received any written notice thereof, and denying having had any knowledge of the reason for his detention. Moreover, the complainant mentioned that his detention in such a manner prejudices his social status as a Mukhtar and demeans his reputation. The complainant also pointed out that he was detained in the custody of ………. police station, in which he was exposed to noxious smells that negatively affected his health condition and degrading searches, noting that an hour after his detention, the complainant was informed that he was detained at the backdrop of a complaint filed against him by one of the civilians that had interactions with him in his capacity as a Muktar. Finally, the complainant emphasized that if he was informed of the subject of the complaint and the reason for the arrest in advance, would have called his witnesses to prove that the complaint is false.

MUSAWA believes that the claims included in the aforementioned complaint, if true, entail unnecessary detention, which is considered an unlawful measure that violates human rights, not to mention the need for harmonizing detention centers with health requirements. Moreover, the complaint indicates that the police initially resorted to arresting, contrary to the legal requirement that the complainant's statements must be heard before arresting him, especially since he is a public figure, that the complaint concerns his status as the Muktar, and that he has evidence that the allegations against him are false, not to mention the fact that his complaint revealed the inadequacy of the detention centers, especially the custody centers in the police stations, in terms of preserving the human dignity of the arrested and detained persons, which requires the responsible authorities to take serious measures to ensure that they realize the legal requirements governing the detention and arrest centers.

Therefore, we ask you to consider this complaint and to take legal action in its regard, by instructing law enforcement agencies, especially the police, to abide by the legal procedures governing reporting, detention, and arrest, and the procedures guaranteeing the rights and human dignity of the citizens, and to instruct those responsible for supervising the custody centers arrest to harmonize them with the requirements of health safety and human dignity, hoping that you keep us updated with the legal action taken by your side and to reply to this memo duly.

With All Due Respect,

Issued on 11/2/2020

MUSAWA

Attachments:

Copy of the complaint

The names are confidential