A Memo to Attorney General/ Gaza: Violating Rule of Law and Overstepping Authority Lines

2018-01-04

Gaza

Gaza / Core Program 2016-2019

 

His Excellency the Attorney General Dia’ Al-Din Al-Madhoun/ Gaza,

 

Subject: Violating the rule of law and overstepping the lines of authority

 

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their warmest greetings to you, noting that we have received a complaint in writing, dated 31/12/2017, from the citizen Darweesh Mustafa Al-Loh, residing in Al-Wusta Governorate in Gaza. The complaint states that the said citizen turned to the police station of ……………… to file a complaint against his brother after a fight the complainant and his son had with the complainant’s brother.

 

The complainant added that the investigation officer, named ..., refused to accept his complaint as his brother preceded him in submitting a complaint of his own. In his complaint, he added that the officer in charge of the investigation handled his complaint as a testimony against the complaint against him, ordered that he be kept in detention, and pressed him into turning-in his son (Hussam Al-Loh) until the complainant is released on bail, after presenting a medical report proving that his health condition does not allow him to be held in detention.

 

Furthermore, the complainant pointed-out that the investigation officer declined to register his complaint, and he did not call the accused to hear his statements on the matter, which was then referred to the Public Prosecution where both parties reconciled and the case was closed.

 

As an independent and non-governmental watchdog organization, MUSAWA sees in the contents of the complaint, if true, a violation of the complainant’s right to access to justice, and a deviation from the job requirements the investigation officer is bound to abide-by, knowing that t is his duty to accept complaints and refer them to the competent authority for legal action.

 

MUSAWA notes that according to the Penal Procedure, the duties of judicial investigation officers are limited to conducting research and collecting evidence. According to the said law, they are compelled to accept and submit complaints immediately to the Public Prosecution, and to immediately hear the statements of the arrested and release or refer them within 24 hours to the competent deputy prosecutor. Accordingly, we ask your Excellency to take the necessary action.

 

With all due respect,

 

Issued on 04/01/2018

 

Chairman of MUSAWA’s Board of Directors

Dr. Taleb Awad

 

- Attachments: a copy of the complaint.

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