2022-10-03

ًWest Bank

Human Rights Defenders / West Bank

Honorable Attorney General Akram Al-Khateeb,

Your Excellency the Head of the Human Rights Unit in the Public Prosecution, Mr. Jamil Sajdiya,

MUSAWA - The Palestinian Center for the Independence of the Legal Profession and the Judiciary, extends its greetings and reminds you of its memo addressed to you on 19/09/2022 under number (7653) regarding the refusal of police chief, and refraining from carrying a release order issued by decision of the public prosecution in the investigative file number (2022/4118), which constitutes a crime as it contradicts the provisions of article (106) of the basic law and article (82) of the judicial authority law. However, we are yet to receive a response from you nor have you informed us of the measures taken by you about it and in regards to holding the police chief accountable for obstructing and disrupting the execution of the release order.

Moreover, the lawyers of (Mostafa Shatat and Ibrahim Al-Amer) revealed that they were prohibited from visiting their client (Mosa’b Shtayeh) on 29/09/2022 by decision of the security committee, which lacks any legal justification, and is not of the jurisdiction of the security committee. It also violates the constitutional right contained in article (12) of the basic law that states: “Every arrested or detained person shall be informed of the reason for their arrest or detention. They shall be promptly informed, in a language they understand, of the nature of the charges brought against them. They shall have the right to contact a lawyer and to be tried before a court without delay.” And article (14) of the basic law that states: “An accused person is considered innocent until proven guilty in a court of law that guarantees the accused the right to a lawyer. Any person accused in a criminal case shall be represented by a lawyer.” And article (2) of the Palestinian Bar Association’s law that states: “The legal profession is a liberal profession that assists the judiciary to achieve justice, asserts the rule of law, and guarantees the right to defend the citizens’ rights and liberties.” In addition, the first two paragraphs of article (12) of the same law which lists the guaranteeing and protection of the right of defense as the main priority of the Bar Association, as it states:

1. Defend the interests of the bar association, lawyers, preserve the mission of the legal profession and guarantee the lawyers freedom to carry out their mission. 

2. Uphold the principle of the rule of law and respect for human rights.

We understand that you agree that the right to access justice, the guarantees of a fair trial and meeting with a lawyer is an inherent right that shall not be restricted or obstructed for any reason by any authority or persons, in spite of their name or position. All shall abide and implement it without obstruction, delay, prevention or intervention as it is the essence of the sacred right of defense. Therefore, this places the security committee’s decision under the umbrella of a violation of the detainee and his clients’ inherent right, an abuse of the power contrary to the provision of the law, and failure to do the obligations of the job. This also lists it under the umbrella of corruption crimes. Moreover, article (124) of the penal code clearly excluded the meeting of the detainee with his lawyer from the all procedures that enable the warden of the Correctional and Rehabilitation Centre ('Prison' which is different from detention centers) to not allow anyone to contact the detainee, except by the written permission of the Public Prosecution, without prejudice to the right of the accused to communicate with his counsel at any time and without the presence of anyone else.

Furthermore, the security committee’s decision is a violation of the international bill of rights (The international declaration of human rights, and the international covenant on civil and political rights and the protocols issued by it, which was signed by Palestine and is therefore bound by its provisions, as this will tarnish the reputation of Palestine and subject it to legal liability. In addition to the decision’s violation of the lawyers’ right to carry out their legal and professional mission, and it negatively impacts their reputation and their relationship with their clients. Not to mention the decision’s contradiction with fundamental constitutional principles such as the presumption of innocence, a person is initially free, detention is a limited and constrained exclusion, detention is not a punishment, and the personal freedom and human dignity are guaranteed and any infringement of them is an overstepping and departure of the provisions of articles (10) and (32) of the basic law. Accordingly, this causes its perpetrators, and the ones behind this decision to be held accountable for it, considering that any infringement of constitutional rights is crime that does not fall under the statute of limitations in which the country is obligated to provide remedy for its victims.

Thus, we demand that you closely examine our memo, take the legal measures regarding the decision of the security committee, duly inform us of the action taken by you, abolish the ban and enable the lawyers to immediately contact their client. 

With respect,

03/10/2022

MUSAWA