2019-12-02

Nablus

Human Rights Defenders / West Bank

The Arbitrary Exercise Of Power and The Breach Of Public Office Demand Criminal And Administrative Accountability

His Excellency the Head of the military judiciary, General. Ismael Farraj,

Subject: The Arbitrary Exercise Of Power and The Breach Of Public Office Demand Criminal And Administrative Accountability

MUSAWA- the Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to you, noting that on 25/11/2019, the center received a complaint from Adv. ….., from Nablus, stating that his client, who is also his daughter, was beaten, insulted, and humiliated by the military prosecutor in Jericho in early last April, following the adjournment of a hearing in a suit filed by the complainant and her daughter against a soldier. The complainant added that the litigant’s minor daughter had testified at the mentioned hearing and that she left the courtroom frightened and crying loudly. In her turn, The mother (the litigant) tried to calm her daughter down, but the defendant (...) prevented her from entering the room, closed the door on her leg, beat her on her hand and neck, noting that she has a medical report that proves this, detained her in the premises of the Military Court of Jericho, and told her that she’s a disrespectful and a camp-raised person. The mother told him that she will file a complaint against him, which triggered the defendant to confiscate her ID card and keep her detained for two hours, before transferring her to the Jericho police station and filing a complaint against her, although the President of the Military Court ordered him to return her identity card and release her, but in vain. The complainant indicated that the defendant’s complaint against her was being pursued legally before the competent court, whereas her complaint against him for the abuse of office, violence, and defamation was hindered and stalled by the military intelligence, as the defendant was not called to testify nor her file was transferred to the military court.

MUSAWA believes that the contents of this complaint, if true, constitute a violation of the provisions of the existing Penal Code, a crime of beating, insulting, vilification, violating the professional code of conduct of judges and prosecutors, and arbitrary use of power, which falls under the umbrella of corruption, under the provisions of the Anti-Corruption Law and the International Convention against Corruption signed by the State of Palestine. In the same context, the complaint against the mentioned Deputy Prosecutor has been stayed for more than eight months, despite the repeated reviews in its regard, as mentioned in the complaint, which constitutes a violation of the obligations of public office, a serious violation of the provisions of the laws in force, in addition to the violation of the right to access to justice, and hindering the complainant's access to justice, which may be considered a denial of justice, and thus requires accountability.

Therefore, we ask you to take the appropriate legal requirement to ensure that the proceedings for the realization of the complaint are in their normal course, and to guarantee her right to fair trial proceedings, compensation, and the accountability of those who interrupted the case proceedings during the previous period. In addition, we ask you to conduct an administrative investigation into the alleged abuse of powers and violation of the code of conduct and to impose administrative sanctions commensurate with the act attributed to the complainant, if convicted, hoping that you duly keep us updated with the action taken by.

With All Due Respect

Issued on 2/12/2019

The Legal Monitoring Officer

Adv. Angham Mansour

Attachments: copies of the complaint