2023-03-01

gaza

Gaza

Esteemed Attorney General Dr. Mohammad Al-Nahhal / Gaza,

Subject: A Complaint of Serious Physical Assault Pending Investigation since September 2019

MUSAWA-The Palestinian Center for the Independence of the Judiciary and the Legal Profession, extends its best greetings and expresses that it received on 23/01/2023 a second complaint from Mr. Iyad Othman Kamel Shbeir from Khan Yunis, in regards to being physically assaulted in his workplace at the Shbeir Press in Khan Yunis by unknown persons. In addition to that, the complainant states that his nephew was also physically assaulted and run over on his way back from school in Al-Mahatta Street in the middle of Khan Yunis, and that the child stayed in the hospital for a long time and underwent several operations due to this assault. However, even though he submitted a complaint to the police station and the public prosecution on September 2019, no measures were taken regarding these complaints.

We remind you that we have previously addressed a memo to you on September 2019 regarding the aforementioned complaint (Attached with this memo), and you have informed us that the complaint is being followed up. However, according to the victim’s new complaint, no measures were taken to date, despite the dangerous infringement on the right to life, bodily integrity, and human dignity that are protected under the Basic Law and the constitutional values and principles, not to mention putting the victim’s right (Right to a remedy and compensation) at risk of being lost, due to a statute of limitation that is out of their control. It is important to keep in mind that one of the victims, who got assaulted and run over, is only a child, yet the perpetrator was not held accountable, neglecting the best interests of the child which is binding under The Basic Law and the laws in-force.

Thus, we ask that you take the necessary legal measures, open an investigation immediately, and duly inform us of the actions you take.

Sincerely,

MUSAWA

19/02/2023

Attachments:

A copy of the second complaint

A copy of MUSAWA’s memo addressed to you on September 2019 regarding the same subject.