2019-02-13

Jenin

West Bank

His Excellency the Acting Attorney General, Adv. Akram Al-Khatib

Subject: Refraining from Executing a Judicial Decision and Unlawful Detention

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal profession extends its warmest greetings to your Excellency.

On 5/2/2019, the center received a complaint from the citizen, Mahmoud Saeed Suleiman Al-Saadi, from Jenin, in which he noted that his brother, Ahmad Saeed Saeed Suleiman Al-Saadi, was detained on 19/11/2018 based on alleged possession of a firearm without a license and attempted murder. The complainant noted that on 20/1/2019, Jericho’s Court of First Instance has ordered to release his brother on bail. However, Jericho’s intelligence service officials have refused to execute the judicial decision on releasing his brother, and they are still holding him in detention without legal grounds or logical justification, according to the complaint.

The complainant added that his detained brother is diagnosed with schizophrenia and depression according to the attached medical reports, and that his brother needs treatment and follow-up, according to other reports that are also attached with the memo, not to mention the other health problems that the detainee suffers from, which make his detention even more life-threatening.

MUSAWA believes that the contents of the complaint, if true, reflect a need for taking the needed legal action in its regard, as it falls under the umbrella of breaching the provisions of article (106) of the Basic Law and article (82) of the Judicial Authority Act, which both explicitly provide for “Judicial rulings shall be implemented. Refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from the position if the accused individual is a public official or assigned to public service. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him/her”.

MUSAWA also believes that the contents of the complaint constitute an unlawful detention that requires accountability, and it may fall under the umbrella of corruption crimes, on the understanding that holding someone in detention, although he/she are ordered to be released by law, without any legal grounds, is considered an unlawful detention, and a crime that requires accountability according to the provisions of national laws and international covenants joined by Palestine, and to which it is bound, In addition, the public officials’ refrain from implementing their duties or from taking any needed actions or decisions, which are legally needed to be taken, for illegal considerations is considered an abuse of power crime, arbitrariness in the use of power, or a breach of the duties, which all fall under the umbrella of corruption crimes, according to the provisions and texts of the Anticorruption law.

Thus, MUSAWA asks your Excellency to consider its memo, to take the needed legal action in its regard, to guarantee the execution of the mentioned judicial ruling, to hold the refrainers accountable, and to guarantee the complainant’s right to compensation according to the provisions of the Basic Law and the Judicial Authority Act. Hoping that you keep us updated with the action taken by you duly.     

With All Due Respect

Issued on 5/2/2019

Legal Monitoring Officer

Adv. Angham Mansour

Attachments: A copy of the complaint

A copy of the release order

Copies of medical reports.