His Excellency the Attorney General Dia’ Al-Din Al-Madhoun/ Gaza
Subject: Arbitrary Detention
MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their warmest greetings, noting that we have received a written complaint on 22/08/2017 from a citizen named Mohammad Jamal Khaled Al-Ijleh. The complaint stated that his uncle, Rizeq Al-Ijleh, suffers from chronic diseases and three blood clots in his right leg according to the medical report which he attached to his complaint. This indicates that he is incapable of appearing before the police or the Public Prosecution, and he cannot bear the conditions of detention.
The complainant added that due to the medical condition of his uncle, who is indicted in a criminal case, those who are responsible for ………………….’s police station asked the complainant to present recognizance by three persons to guarantee his uncle’s appearance. The three persons were his nephews, Jamil Al-Ijleh and Mahmoud Al-Ijleh; and his relative, Raed.
In his complaint, the complainant said that the police did not wait for his uncle to recover, and they detained the aforementioned persons. They have been detained for over 15 days under the pretext that the complainant’s uncle had not appeared before the police. The police refused to release the detainees in spite of the fact that the complainant presented documents evidencing that his uncle is still undergoing treatment and has not yet recovered, and is still hospitalized at the hospital known to the police.
As an independent non-governmental watchdog organization, MUSAWA believes that the contents of the complaint, if true, present an infringement of the rights and freedoms of the citizens, which they are entitled-to by the Basic Law and the domestic laws. MUSAWA sees that it addresses a violation of these freedoms, as it entails an arbitrary and unlawful detention and it oversteps the powers of the judiciary, as the police should have requested the court to implement the provisions of the recognizance rather than implementing the content of the recognizance itself, especially that detention is only allowed under a judicial ruling or decision.
According to the Basic Law, personal freedom is a natural right guaranteed by the Constitution; and no citizen shall be arrested, detained or their freedom restricted without due process of law. Thus, the detention of persons without a warrant is an explicit violation of the provisions of the Basic Law and a flagrant violation of personal freedom. Otherwise, a fair remedy should be sought.
Moreover, the Penal Procedure Law regulates the procedures of investigation and detention in case the indictee or detainee’s health condition does not allow for their appearance before a certain authority. The said law states that the deputy prosecutor may go to the place of residence of the indictee to investigate an issue that concerns him/her, and if it were imperative to detain him/her he/she shall be admitted to hospital and the necessary security [guards] shall be provided.
Accordingly, we ask your Excellency to examine our memo and take the necessary legal action accordingly, including the release of the detainees who entered into recognizances, while taking into consideration the competencies and authority lines of the judiciary in this regard.
With all due respect,
Issued on 27/08/2017
Chairman of MUSAWA’s Board of Directors
Adv. Yasser Jabr
- A copy of Mohammad Al-Ijleh’s complaint
- The medical report of the detainee