2019-04-14

Gaza

Gaza

His Excellency the Head of the Supreme Shariah Court, Dr. Hasan Al-Juju, / Gaza

His Excellency Attorney General, Mr. Diaa Al-Deen Al-Madhoun, / Gaza

His Excellency the Secretary-General of the Legislative Council, Mr. Nafeth Al-Madhoun, / Gaza

His Excellency the President of the Sharia Bar Association, Adv. Ayman Abu Aishah, / Gaza

Subject: The Recurrence of Unlawful Detentions, Introducing Penalties in Contradiction with the Law, the Arbitrary Exercise of Power, and Separating Jurisdictions in a Manner that Prevents Legitimacy Monitoring & Human Rights’ Protection

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your excellences, noting the continuation of the Unlawful Detention phenomenon, which is based on introducing penalties in contradiction with the rule of law.

Once again, according to a written memo received from the citizen: Adnan Hamdan Abu Omra, by his agent, Adv. Subhi Al-Byouk, in which he mentioned that a judgment of subjugating custody for more than 118 days was rendered by Deir Al-Balah’s execution department against his client, noting that the judgment is related to the executive case no 137/2018, and it resulted in the complainant’s dismissal from his job at Mersal Company. The complainant added that after he was released from his detention that lasted from more than 91 days, another subjugating custody judgment was rendered against him, and he remarked that he asked Deir Al-Balah’s court to explain the period he spent in jail since 25/10/2018, but his request was not answered.

The contents of the complaint, if true, entail the recurrence of rendering judgments of subjugating custody by the Sharia Courts in Gaza Strip, which represents further violations of Human Rights, and the lack of regulatory oversight, which, if activated, would preclude enforcing such judgments, and indicates that civilians are deprived from their freedoms and rights provided by national laws and international covenants, and the continuation of the unlawful detention phenomenon, which is prohibited by the provisions of the Basic Law and the laws in force, in addition to indicating the failure of the competent bodies to continuously inspect the arrest places and jails, and exercise their powers to make sure that no civilian is detained, arrested or imprisoned without legal grounds, and if found, to release him immediately and hold his arrester accountable.

Thus, MUSAWA demands all decision makers and responsibility holders in both official and civic organizations, each within his scope of powers, to address what is called as “subjugating custody”, and to take all needed legal actions to cancel I, protect civilians’ rights, including the rights of the complainant, hoping that you keep us updated with the actions taken by your side duly, recalling our previous memo to you on the same regard.  

With All Due Respect,

MUSAWA

Issued on 11/3/2019

Attachments:

-A copy of the complaint

-A copy of a previous legal memo