2020-07-28

West Bank

Human Rights Defenders / West Bank / Announcement / position paper

On Prosecuting the Activists of Anti-Corruption Movement: Arbitrary Detention Must be Criminalized and Victims Must be Compensated

The detained activists of the Anti-Corruption Movement were referred to trial before the Ramallah Magistrate's Court, which initiated the proceedings against them by reading out the charges, which they denied, demanding their release. After the court reviewed the contents of the arrest files, it decided to release them on personal bail, adjourned the trial, and reschedule it for 17/8/2020. This confirms the validity of MUSAWA’s vision, which emphasizes the necessity of transferring detainees to trial without extending their detention pending investigation. This vision, however, was neglected, which resulted in violating the provisions of the law and prejudicing the constitutional rights of the detainees, as, at that time, the court decided to extend their detention for 15 days to complete the investigation procedures without presenting the investigation file and the grounds of the request for an extension. Now, ten days after their arrest, the detainees were transferred to trial. Having considered the investigation files, the court found no justification or grounds for their arrest, therefore decided to release them on personal bail. 

Releasing the detainees in such a manner proves once again the validity of the demand to prohibit and criminalize detention for exercising constitutional rights, expressing opinions, participating in public life, criticizing shortcomings, and contributing to combating corruption, and to consider it illegal detention. It also proves the public prosecution’s responsibility to stop all forms of prosecution on the grounds of exercising constitutional rights and the freedom of opinion and expression. Moreover, it proves that before extending the detention of any citizen, the court has to implement the principle of presumption of innocence and to respect that liberty is the rule and detention is the exception that shall not be decided without legal ground, or else it shall be considered an offense

What happened today confirms that the detainees' constitutional rights have been violated and that they have been caused compensable damages, which requires the executive and judicial authorities and the Public Prosecution authorities to deal with cases of unlawful arrest and detention as crimes that require administrative and criminal accountability and compensation, following the provisions of the Basic Law, in particular Articles 10 and 32 thereof, and to promote the detainees’ right to pursue civil compensation. This is a real opportunity to restore respect for the Declaration of Independence, the Basic Law, and the international covenants, especially the International Covenant on Civil and Political Rights binding on the State of Palestine, and an opportunity to restore the honor of the citizens, and to preserve their human dignity, their right to citizenship, among other constitutional rights, and their national duties in building their state that respects the rule of law and human rights, free from corruption, and protects the freedoms of its citizens.

Arbitrary detention shall be prohibited and criminalized, the expression of opinion and participation in public life shall not be considered crimes, and those who used to pursue the citizens, who exercise such rights, shall be held accountable to ensure the non-reputation of the treatment the activists of Anti-Corruption Movement were subjected to.

Issued on 28/7/2010

MUSAWA