His Excellency Attorney General, Dr. Ahmad Barrak
Subject: the Arrest of a Citizen Upon Governor's Request and the Detention of a Public Official in Violation of the Law
MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession extend their warmest greetings, noting to your Excellency that we have received a complaint from the citizen ------ from the village of ------ to the south-west of Jenin, stating that an employee working in the Preventive Security Force (PSF) has called his 25-year-old son ------, who is married and a father of two, and who works in a printing house owned by his father, and told him to show up at the headquarters of the PSF, where he was held in detention. The said citizen has been detained since 30/7/2018, without being charged, interrogated or referred to the competent court. When contacted by the citizen’s lawyer, the PSF’s Advisor said that the detainee has been arrested by orders from the governor, without giving a clear justification for the reasons behind the detention. The detainee reaffirmed the same to his father, adding that he does not have any disputes with anyone from his village or with anyone working at the PSF-.
Reaffirming the invalidity of the arrests ordered by governors, and the risks of violating the law by public officials in a way that violates the citizens’ rights and safety; MUSAWA ask your Excellency, in your capacity as the responsible of Law Enforcement, to issue an order of immediate release and take the necessary legal action that would stop the phenomenon of arrests ordered by governors and guarantee a fair compensation to the arrested for any damage caused to him or his family as a result of the illegal detention. MUSAWA hopes of your Excellency to keep us updated on the action taken by duly responding to our memo.
His Excellency Attorney General,
In the same context, MUSAWA has received a complaint stating that the citizen ------, who works at the Land Registration Department “Tabo”, and who is married, a father of two daughters and suffers from a respiratory disease, has been detained at the General Intelligence Service in Ramallah since 31/7/2018, without allowing him to contact his lawyer, or inform his family of the reasons behind his detention. In addition, the detainee has not been referred to the competent court despite the end of the legal period of detention for the Public Prosecution or Law Enforcement, according to the existing Penal Procedure Law; thus making this detention an administrative one with no legal justification.
MUSAWA asks your Excellency, in your capacity as the responsible party for initiating criminal cases, to issue him an order of release; and to take the necessary legal action to ensure the integrity of the detention procedures; and to hold those responsible of the detention accountable in case it was in violation of the law, without violating the legal rights of the detainee. MUSAWA hopes of your Excellency to keep us updated on the taken action and its outcomes.
With all due respect,
Issued on 2/8/2018 MUSAWA