2020-09-02

Gaza

Gaza / Announcement / position paper

His Excellency Attorney General of Gaza, Diaa Al-Deen Al-Madhoun,

Subject: MUSAWA Demands the Public Prosecution in Gaza to Announce the Findings of the Nuseirat Fire's Investigation, Hold the Perpetrators Accountable, and Compensate the Victims

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to you, noting that the center has recently received a complaint from Amer Abu Yousef, a resident of Al-Nuseirat City, and a member of a family that has lost two members and a concrete factory as a result of Al-Nuseirat Fire, which started in March of 2020. 

The complainant added that on 26/7/2020, he filed a request with Deir Al-Balah Prosecution to access a copy of the investigation report on the fire and the findings of that report since he is one of those affected by the fire. In its turn, the prosecution rejected his request for the alleged sensitivity of the subject, at that backdrop; the complainant turned to the Ombudsman's Office at the Public Prosecution. A week later, the complaint was informed that his grievance was referred back to the district public prosecution authority, considering that it is the competent authority and ignoring the fact that the grievance addressed the district public prosecution authority’s rejection of his request to access the investigation report on the fire and the findings. The complainant, however, re-contacted the mentioned District Prosecution, which informed him that his second request was rejected by sending a text message to his number (SMS). In his turn, the complainant turned to the prosecution again, before coming to realize that, the district prosecution considers him to be lacking capacity and interest to file such a request, and that his request is contingent on providing a copy of the deed of determination of heirs.

MUSAWA believes that the components of this complaint, if proven true, constitute a violation of national and international laws that specify the jurisdiction of the public prosecution to refer investigations to the competent judicial authority after they are completed, which ensures that those responsible for the mentioned fire are held accountable, since after the completion of the investigation in public opinion cases, the public prosecutor does not have the right to keep the investigation file preserved or to consider its findings as confidential data that even directly affected victims do not have the right to access, in violation of the law that guaranteed the victims and citizens the right to be informed of the actions taken against those who caused the fire, whoever they are, to be held accountable and to be obliged to compensate the victims.

We, therefore, call on you to declare the results of the investigation, to enable the complainant and other affected persons to have access to the investigation procedures and findings to guarantee all their legal rights, foremost among which is the right to compensation, and to ensure the accountability of the perpetrators, hoping that you respond to our memo duly. 

With All Due Respect,

Issued on 2/9/2020

Attachments: 

A copy of the complaint and its attachments.

MUSAWA