2018-09-10

Ramallah

West Bank

His Excellency Attorney General, Advisor Dr. Ahmad Barrak

Subject:  The continuous refrain from implementing judicial decisions

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

On 10 September 2018, MUSAWA received a written complaint from the lawyer Mohammad Al-Hreini, as the agent of the suspended, Najeh Mustafa Hussein Khawaja, who was released on bail by a decision issued by Ramallah’s court of the first instance upon its examination of the petition to extend his detention No. 91/2018. 

However, the Preventive Security Service, where the detainee is held in detention, refrained from implementing Ramallah’s court of the first instance without a legal justification, noting that the detainee is not held in custody for other charges other than the charge res judicata.

The lawyer noted in his complaint, that the court’s decision to release his client was not respected, rather, detaining his client continued in contrary to the law. The complainant lawyer also attached the above-mentioned release order, issued by Ramallah’s court of the first instance, to his complaint.

MUSAWA believes that the Preventive Security Service’s role, as an official law enforcement body, do not give it the right or the power to refrain from implementing judicial decisions and provisions, according to the provisions of the Basic Law, and particularly article no 106 from the Basic Law, which is also mentioned in The Judicial Authority Act, in which refraining from implementing judicial decisions is considered  an offense punishable by imprisonment and dismissal from service –  if the culprit is a public employee or charged with public services.

MUSAWA notes that the phenomenon of refraining from implementing judicial decisions and provisions, particularly by the executive authority and its security bodies, represents a factor and a reason to community’s breakdown of trust in the justice system; including The Judiciary, which requires more commitment to the provision of the law, to oblige the executive authority and its civil or security bodies, to commit to the decisions of the law, and to implement them without impediment or delay.
MUSAWA asks your Excellency to take the necessary legal requirement that ensures the release of the detainee and saves his rights. As well as directing the law enforcement bodies to the necessity to respect the Basic Law, and to implement the provisions and decisions of the judiciary.
We hope your Excellency would kindly to keep us updated on any action taken in this regard.

With All Due respect
MUSAWA                                                                    Issued on 10/9/2018

Attachments:
A copy of the statement of complaint