2018-10-16

Ramallah

West Bank

His Excellency Attorney General, Dr. Ahmad Al-Barrak
His Excellency Director of the Ombudsman and human rights’ Office at the Palestinian Police, Colonel Rodaina Bani Odeh,  

Subject: Violating the Sanctity of the Home and a Humiliating Arrest

The Palestinian Center for the Independence of the Judiciary and the legal Profession –MUSAWA- extends their warmest greeting to you. 

On 15 October 2018, the center received a written complaint from the citizen Ahmad Nathif Abd AlMajid Mansour, from the village of Biddu, in which he stated that police members of Biddu and the suburban’s center, have raided his brother’s house, whose name is Mohammad Nathif Abd AlMajid Mansour, at 4:30 am, and damaged the door and broke into the house without permission, while the complainant’s brother, his wife, and children were sleeping, and that his brother was severely beaten, by an officer who said he was angry at him while beating him, then was arrested. The complainant added that he lives in the same building where his brother lives, that is why he woke up when hearing the raiding sounds. 

In his complaint, the complainant mentioned that his brother suffers from dizziness because of the beating he was subjected to during the arrest and after it, and that his two children panicked due to the humiliating way their house was broken into. The complainant added that the police members have ripped off the bedroom’s window right before breaking into the house, noting that the arrest of his brother is on the basis of a civil executive case and that the detaining officers arrested him without a subpoena, and told his parents that they are on “a collecting mission” according to the complainant’s family. 

In view of what has been said, MUSAWA believes that this complaint, if true, reflect a serious violation of the rights of the complainant’s brother that are guaranteed under the law, including article 17 of the Basic Law that states “Homes shall be inviolable; they may not be subject to surveillance, broken into or searched, except in accordance with a valid judicial order and in accordance with the provisions of the law. Any consequences resulting from violations of this article shall be considered invalid.  Individuals who suffer from such violation shall be entitled to a fair remedy, guaranteed by the Palestinian National Authority”, and article 39 of the current Penal Procedure Law that states:” 1. Entering and searching homes is an act of investigation which may not be conducted except pursuant to a search warrant from the Public Prosecution or in its presence, either on the basis of an accusation charging a person living in the house required to be searched of committing or participating in the commission of a felony or misdemeanor, or on the basis of strong evidence that he is in possession of items related to the crime. 2. The search warrant must be reasoned. 3. the warrant is made out in the name of one or more judicial officers”, and with reference to the provisions of the second paragraph of the eight article of the Code of Civil and Commercial Procedure that states “ Any notification may not be made or executed before seven in the morning or after seven in the evening or on official holidays except in cases of urgency and with the written permission of the judge of summary matters or the judge of execution, as the case may be”, all of the mentioned provisions prove the procedures against the complainant invalid and requires  liability and compensation.

Thus, we call you to consider this memo, and to take the necessary legal action in its regard, in a way that ensures a fair investigation in the arresting conditions, holds the perpetrators accountable of the violations by law, and ensures the complainant’s right to be compensated duly, hoping that you keep us updated with the taken actions by your side duly. 

  
With All Due Respect

Issued on 16/10/2018                                               Legal Monitoring Officer
Angham Mansour

Attachments: - A copy of the complaint