A Memo to the Attorney General in Gaza: Fair Trial Guarantees

2017-08-27

Gaza

Gaza / Core Program 2016-2019

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

 

Subject: Fair Trial Guarantees

 

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 called Ramzi Imad Mohammad Kallab, residing in Gaza. The complaint stated that the Public Prosecution Office issued an arrest and detention warrant against his uncle: Iyad Kallab, who was detained accordingly in the prison of Abu-Areiban in Al-Nseirat. The complaint points out that the reason behind issuing the warrant was the interference of the Public Prosecution in a rights-related conflict concerning the ownership of a piece of land between the detainee and two other members of Al-Hawaihi family, who claimed to be the owners of the disputed land following the refusal of the detainee to sell it for them.

 

The complainant added that the two persons who are claiming the ownership of the disputed land had asked for the issuance of the aforementioned arrest warrant, which enabled them to get a handle on the disputed property without legal basis or justification or a court ruling issued by a competent court. On the other hand, the detainee’s continuous requests to meet you were denied, which led him to start a hunger strike for more than 15 days prior to the date of submission of the complaint to MUSAWA.

 

As an independent non-governmental watchdog organization, MUSAWA believes that the contents of the complaint, if true, contain an infringement of the rights and freedoms guaranteed by the Constitution and the law, reflected in the fact that the Public Prosecution overstepped its authority line in protecting the said rights and freedoms, and caused prejudice to the judicial authority. All of this entails an infringement of the provisions of the Penal Procedure Law and the laws in force, pursuant to which only courts shall resolve civil conflicts such as the one at hand.

 

We note that the contents of this complaint, if true, inform of misconduct in the performance of the Public Prosecution, represented by unlawful arrest and detention, and of a deviation from the legal authorities granted to Public Prosecution. According to the complaint, no charges were brought against the detainee.

 

Accordingly, we ask your Excellency to act upon this memo as appropriate, including taking the administrative and penal measure, if justifiable, and ending the seizure of the disputed land by the Public Prosecution and the opponents, and to refer it to the competent court to consider and adjudicate in accordance with the law. This is in addition to ordering the immediate release of the detainee, while guaranteeing his rights. We hope to receive a response to this memo, informing us about the results and findings of your actions as appropriate.

 

With all due respect,

 

Issued on 27/08/2017

 

Chairman of MUSAWA’s Board of Directors

Adv. Yasser Jabr

 

 

Attachments:

- A copy of the complaint.

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