2022-10-10

ًWest Bank

Human Rights Defenders / West Bank

Your Excellency, Attorney General Mr. Akram Al- khateeb

Your Excellency Mr. Jamil Sajidya, Head of the Human Rights Unit in the Public Prosecution,

MUSAWA – The Palestinian Center for the Independence of the Legal Profession and the Judiciary extends its greetings and expresses that it received a complaint from lawyer Mr. Mohammad Hussein from Nablus, in his capacity as representative of Na’el Qasem Shtayyeh who was detained 8 days ago by order of the governor of Nablus. It states that the governor instructed the officials at the Nablus police station to prohibit the detainee to meet with his lawyer, and give him power of attorney to appeal the decision to the administrative court.  The lawyer added that following his appointment as the detainee’s lawyer, he contacted the governor’s legal counselor informing him of his desire to meet with his client, and to obtain power of attorney as appropriate. However, he was surprised this morning when he headed to Nablus’s police station where his client is being held, as the officers informed him of the governor’s decision to forbid him from meeting with his client or getting a limited power of attorney.

Once again, the so-called governor-ordered detention continues, which violates the basic law, the declaration of independence, and the relevant International covenants. In addition, the detainees by order of the governor are still not allowed to meet with their lawyer or not even sign their limited power of attorney, which is a clear violation of the provisions of the basic law in article (12) that states: “Every arrested or detained person shall be informed of the reason for their arrest or detention. They shall be promptly informed, in a language they understand, of the nature of the charges brought against them. They shall have the right to contact a lawyer and to be tried before a court without delay.” Also, article (14) states: “An accused person is considered innocent until proven guilty in a court of law that guarantees the accused the right to a defense.” It is also a blatant breach of the provisions of article (124) of the penal code that states: “The Warden of the Correctional and Rehabilitation Center (Prison) shall not allow anyone to contact the detainee, except by the written permission of the Public Prosecution. In such case, the Warden shall inscribe in the register of the Center the name of the person, the time of the meeting, and the date and contents of the permission, without prejudice to the right of the accused to communicate with his counsel without the presence of a third party.” With complete disregard for the lawyer’s rights and duties to defend his client, which goes against article (2) of the bar association law, which states: “The legal profession is a liberal profession that assists the judiciary to achieve justice, asserts the rule of law, and guarantees the right to defend the citizens’ rights and liberties.” In addition, the first two paragraphs of article (12) of the same law list the guaranteeing and protection of the right of defense as the main priority of the Bar Association, as it states:

1. Defend the interests of the bar association, and lawyers, preserve the mission of the legal profession and guarantee the lawyer’s freedom to carry out their mission. 

2. Uphold the principle of the rule of law and respect for human rights.

Furthermore, the security committee’s decision is a violation of the international declaration of human rights, the international covenant on civil and political rights, and the protocols issued under it.

Dear gentlemen, the Jurists and the provisions of the administrative and supreme courts have established and agreed on the illegitimacy and illegality of the governor-ordered detention, which is very similar to the administrative arrest carried out by the occupation authorities violating the international bill of rights and the axioms of constitutional human rights. We, along with jurists and human rights organizations have demanded and still demand the abolishment of the Jordan crime prevention law no. (7) of the year (1954), which is used as an excuse to enforce this illegitimate authority of detention by order of ….

You might agree with us on the serious consequences of the continuation of the detention by order of …, which affects many allegations and disputes, even civil ones such as the detention of the complainants’ client. You also agree with us that the governor is part of the law enforcement under your jurisdiction as public prosecution, and is therefore required by law to follow your instructions.

Thus, until your actions match your title, and the public prosecution fulfills its obligation to defend and protect human rights, we therefore request, with all due respect, to abolish the governor’s order and instruct him to release the detainee immediately. Additionally, we want to remind you of our many memos addressed to you that are still awaiting your response.

With respect,

10/10/2022