2022-06-14

west bank

position paper

The magistrates’ court extended the arrest of the trainee lawyer Ahmad Khasib and citizen Ahmad Harish, without informing them of the grounds for the arrest, or what is known as the case file and its evidence; stating that: “The arrest is carried out in the interest of the investigation,” in contrast to the constitutional principles mandating that arrest is an exception and that one is originally innocent and free. The Court did not give the reasons for its contradictory decision to arrest them, as the judgment failed to address the torture allegations, especially ones made by the family of the arrested, and the witnesses, who reported that they were subjected to (Al-Shabeh position “suspended from the ceiling”, beating, blindfolding, use of bricks, metal bars, and torture using the “banana position”), in addition to the bruises and beating marks on their faces and hands.

The court did not justify the reason for preventing them from meeting with their lawyer invalidating the detention, arrest, and investigation procedures, which necessitates their immediate release. Therefore, this requires a transparent investigation of the torture claims and the violation of the right of defense, in order to hold their perpetrators accountable and provide a remedy for the victims. It is important to note that an arrest is not a punishment and one should only resort to it when it is backed by legitimate evidence.