2018-12-02

Ramallah

West Bank

His Excellency Attorney General, Dr. Ahmad Barrak

Subject: 1. The Judicial Police’s negligence in discharging its duties

2. Arrest ordered by a governor who refrained from implementing the ruling of the competent court

MUSAWA – the Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your Excellency.

On 19-11-2018, the center received a complaint from the citizen …... resident in Al-Ram, stating that he filed a criminal charge to the General Prosecution on kidnapping, which was registered on 5/1/2018 under No …/2018. The General Prosecution responded to the charge by issuing a warrant of arresting the accused. However, the police did not implement the mentioned order, although 11 months have passed since issuing it.

MUSAWA believes that the contents of the complaint – if true – represent a reluctance and dilatory in the Judicial Police’s performance in discharging its duties, which may fall under the umbrella of denial of justice and affecting the citizens’ right to access it, which can result in affecting the trust of citizens in the General Prosecution and the judicial system, an in encouraging the phenomenon of taking matters into one’s own hands, what may affect the national security, and the safety of the community, thus, the case demands to hold the Police accountable for its dilatory in discharging its duties, and to issue an order to rapidly execute your mentioned ruling concerning the investigation procedures concerning the complaint.

His Excellency Attorney General

On a different note, and further to our discussions including our call to your Excellency on taking the necessary legal action to release the citizen … from the village of … in Jenin’s provinces, who is arrested at the request of Jenin’s governor since 29 days on the same charge that the magistrate court already issued a ruling regarding it, which is releasing him, add to that your own decision on the same charge, which provided for releasing him previously. It is worth mentioning that Mr. Governor has previously complied with your interventions and released him, but he rearrested him on the same charge without any legal basis or legitimate reasoning, contradicting with your ruling, and the ruling of the competent court.   

MUSAWA believes that the mentioned prevalence arrest is a clear violation of the law’s provision, thus we ask your Excellency to take the necessary legal action that ensures his evacuation.

With All Due Respect

Issued on 25/11/2018

Attachments: Copies of the two complaints abovementioned