2018-12-02

Gaza Strip

Gaza

His Excellency the Head of the Military Judiciary in Gaza

Colonel/ Nasser Suleiman

Subject: Memo to the Head of the Military Judiciary in Gaza on Violating Detainees' Constitutional Rights

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

On 18/11/2018, the center received a written complaint from Mrs. Heijar Yousuf Mousa, from Gaza, stating that her son, Samer Awad Atallah Mousa, who works for the Palestinian National Authority as a colonel in the Military Intelligence Service, was arrested on Wednesday’s morning 26/9/2018, from his house, after having his house violently searched by anonymous officers. Her son was taken to an unknown destination, without explaining the arrest reasons.   

In her complaint, the complainant added that after 35 days of the arrest, she knew that her son is detained at the military intelligence headquarter next to the passports department, noting that she was not enabled to visit him until the date of publishing this memo, or to know the reasons of his arrest, or the charges filed against him. The complainant added that her son suffers from chronic high blood pressure and a disc according to medical reports attached with her complaint, and she affirmed that her son is the only breadwinner for her and his family, noting that he is married and a father of two.

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession, believes that the contents of the complaint, if true, entail a breach of the second paragraph of article (11) and (12) of the Basic Law, which both provide for “It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order in accordance with the provisions of the law. Every arrested or detained person shall be informed of the reason for their arrest or detention, and they shall have the right to contact a lawyer and to be tried before a court without delay or else the detention will be considered as a political or administrative detention”, the contents of the complaint also contradict with article (19) of the Basic law, which provides for “Freedom of opinion may not be prejudiced. Every person shall have the right to express his opinion and to circulate it orally, in writing or in any form of expression or art, with due consideration to the provisions of the law”, and article 26, which provides for “Palestinians shall have the right to participate in political life, both individually and in groups, including the right to form and join political parties, and the right to hold public office and positions”.

Thus, MUSAWA asks your Excellency to take the needed legal action to initiate an investigation in the regard of this complaint, to release the detained immediately, and to instruct the police and security bodies to adhere to the provisions of the Basic Law and not to violate the citizens’ rights and safety, otherwise they shall be subject to liability and compensation, hoping that you keep us updated with the action taken by you in this regard duly

With All Due Respect

Issued on 26/11/2018

Attachments

The complaint and its attachments