Releasing a Fugitive From Justice in Contradiction with the Rule of Law



West Bank / Core Program 2016-2019

The Head and Members of the High Judicial Council – Ramallah


Subject: Releasing a Fugitive from Justice in Contradiction with the Rule of Law In response to the High Criminal Court Decision held on 18/4/2019.


MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to you, noting that on 29/4/2019 from citizen Mahyoub Mofdi Mohammad Khalifa, from Jenin, who informed MUSAWA that the same complaint was filed with the head of the High Judicial Council, the State Audit Administrative Control Bureau, and the head of the Judicial Inspection Service. According to the details of the complaint, the High judicial council’s session held in Jenin has decided to release the defendant …, who is accused of committing a murder, pursuant to the criminal case No (...), given that the defendant was a fugitive from justice before being caught, and instead of prosecuting him while in custody according to the provisions of article 145 of the enforceable Code of Criminal Procedure, the High Criminal court has decided in its session held in Jenin on 18/4/2019 to release him in exchange for a cash bail of two thousand Jordanian Dinar.


The complaint pointed out that the mentioned defendant, who was released in contradiction with the rule of law, which provides for prosecuting him while in custody, is also accused of committing another murder pursuant to the criminal case No (...). However, the defendant was released without being prosecuted while in custody. 


MUSAWA believes that the complaint, if true, represents a serious violation of the rule of law, which calls for identifying the reasons behind the issuance of the mentioned release order, its circumstances and motives, and referring the complaint to the Judicial Inspection Service to enable it to take the needed legal action in its regard, especially that the complaint had indicated the risks of breaching the rule of law and releasing a fugitive, who is convicted of committing two murders, including threatening the security and the general system, disturbing the civil peace and violating the guarantees of implementing the rule of law equally on everyone, which could affect the citizens’ trust in the judiciary and justice, and encourages the phenomenon of taking matters into one’s own hands, and paves the way for security and social disorder the all threatens the rule of law. 


Thus, MUSAWA hopes that you take the needed and immediate legal action in this regard, and to keep the complainants updated with it duly.


With All Due Respect,

Issued on: 30/4/2019

Legal Monitoring Officer

Adv. Angham Mansour


Attachments: A copy of the complaint




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