2018-08-01

West Bank

Human Rights Defenders / West Bank / position paper

Memo to Attorney General Demanding Immediate Release of a Detainee and to Enable Him to Contact Lawyer and Family

His Excellency Attorney General Dr. Ahmad Barrak,

Subject: Violating a Detainee’s Constitutional Rights in infringement of Article 12 of the Basic Law

MUSAWA – The Palestinian Centre for the Independence of the Judiciary and the Legal Profession extend their warmest greetings, noting to your Excellency that we have received a complaint from Adv. Saleh Abu Ezza, in his capacity as the lawyer of the citizen Ibrahim Abu Safiyyeh from the village of Beit Sira to the west of Ramallah. Adv. Abu Ezza reported that his client, who holds a university degree from the Faculty of Media, was summoned and detained by the Palestinian General Intelligence in Ramallah on Sunday 29/07/2018. The complaint also stated that since the said date and up until this moment the detainee was prohibited from contacting his family or informing them of the detention center, while the reason behind the detention remains unknown to the family and the lawyer.

This incident clearly violates Article 12 of the Basic Law, which 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”.

Accordingly, and in reference to the said complaint, MUSAWA asks of your Excellency to take the necessary legal action and order an immediate release of the detainee; proceeding from the fact that the detention procedures were void and invalid, and/or enable the lawyer and the family to contact the detainee. We also ask you to refer the detainee to the competent court, if necessary by the law, while ensuring the non-violation of his constitutional rights. MUSAWA hopes of your Excellency to keep us updated on the action taken by duly responding to our memo.

With all due respect,
Issued on 31/07/2018                                                                    MUSAWA