2017-11-12

Ramallah

Human Rights Defenders / West Bank / position paper

Following the release of lawyer Mohammad Hussein on Friday evening, the Bar Association issued a statement calling on Civil Society Organizations and trade union representatives to launch an advocacy campaign to push for the dissolving of the joint security committee. MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession joins in supporting this position, stressing that the risks posed by the abduction of lawyer Mohammad Hussein while defending one of his clients as part of his duties before the Nablus Magistrate's Court cannot be dealt-with and overcome, ensuring that such an incident would not happen again against the citizens, including lawyers, unless the following demands are met:

First: The perpetrators, abettors, and accomplices to the crime shall be committed for trial as quickly as possible, which requires the Public Prosecution to speed up the procedures for the arrest of the accused, finalize the investigation procedures, and duly send those mentioned above to court.

Second: The security committee shall be dissolved and its detention facility in Jericho shut down as soon as possible. Those of the security services who are in charge and who have judicial control, each within the scope of their jurisdiction, shall abide by the provisions of the Penal Procedure Law in all matters relating to the procedures of inspection, detention, and referral to the competent prosecution office within a maximum period of 24 hours from the time of detention. The detainee must be given access to all of the legal rights stipulated in the Basic Law and the Penal Procedure Law. Any unlawful detention, arrest, or abduction must be prohibited. All official bodies with the right to inspect detention centers and prisons are demanded to make sure that no citizen is detained in any of the detention centers unlawfully; otherwise, they must ensure their release.

Third: Arrest “upon the request of…” (a form of “Prisoners of conscience”) must be prohibited, as it goes against Article (11) of the Basic Law, which clearly states, “1- Personal freedom is a natural right, shall be guaranteed and may not be violated. 2- It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order in accordance with the provisions of the law. The law shall specify the period of pre-trial detention. Imprisonment or detention shall only be permitted in places that are subject to laws related to the organization of prisons.” Moreover, these arrests fall within the category of administrative detention, which was cancelled under Article (114) of the Basic Law: “All provisions regulating states of emergency that were applicable in Palestine prior to the entry into force of this Basic Law shall be cancelled, including the [British] Mandate Defense (Emergency) Regulations issued in the year 1945.” Furthermore, Article (32) of the Basic Law considers it an imprescriptible crime, as it clearly states, “Any violation of any personal freedom, of the sanctity of the private life of human beings, or of any of the rights or liberties that have been guaranteed by law or by this Basic Law shall be considered a crime. Criminal and civil cases resulting from such violations may not be subject to any statute of limitations. The National Authority shall guarantee a fair remedy to those who suffer from such damage.” In this context, it must be noted that lawyer Mohammad Hussein is entitled to file a case demanding a fair remedy for the damage caused by his abduction.

Fourth: The principle of the separation of powers must be respected, and usurping the powers of the judiciary and the Public Prosecution must be prohibited under administrative and criminal accountability.

Fifth: Enabling lawyers of fulfilling their duties as per the provisions of the law regulating the legal profession, and protecting the accused’s right to meet with their lawyer in private as stipulated in the Basic Law; the Law No. (3) for the Year 1999 on Regulating Legal Practice; and the international conventions Palestine has acceded-to, particularly the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the UN Convention against Torture.

MUSAWA sees that there is a consensus on the aforementioned demands amongst all legal persons, lawyers, and CSOs. This is the guaranteed way to uphold the rule of law, ensure the separation of powers and the protection of human rights, overcome the issue with unlawful detentions, and ensure that the provisions of the law are enforced on an equal basis.

Issued on 12/11/2017

MUSAWA