2019-06-23

Ramallah

West Bank

His Excellency Attorney General, Adviser Akram Al-Khatib,

Subject: Refraining from Executing Judicial Ruling

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

On 20/6/2019, the center received a written complaint from Adv. Mohammad Al- Hreini, from Ramallah, in which he stated that on 10/6/2019 he got a judicial order by Jericho’s Magistrate Court releasing his client in response for his extension request No 277/2019. His client, Ahmad Khalid Mohammad Rimawi, is arrested by the General Intelligence Service, which refrained from executing the mentioned judicial order.

MUSAWA believes that the components of the complaint entail a violation of both the Judicial Authority Act and the Basic Law, as article 106 of the Basic Law and Article 82 of the Judicial Authority Act 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. MUSAWA also believes that the components of the complaint may fall under the umbrella of corruption crimes as what happened is considered a breach of the post obligations, and a failure to execute an order issued and obligated by law for unlawful considerations, which entails an abuse of power that, according to the Anti- Corruption Act and the International Convention on combating corruption signed by the State of Palestine, falls under the umbrella of corruption crimes, not to mention that it also entails an unlawful detention, a publishable crime by the provisos of all national law and international covenants signed by the State of Palestine and to which it is bound, especially the International Covenant on Civil and Political Rights. Noting that the Public Prosecution must execute criminal judgments, and to guarantee the protection of human rights by the right application of the Code of Criminal Procedure’s provisions. 

Thus, we ask your Excellency to consider our memo, to take the needed legal action in its regard ensuring the implementation of the mentioned judicial ruling, to release the detainee, and to keep us updated with the action taken by your distinguished body.

With All Due Respect,

Issued on 23/6/2019

Legal Monitoring Officer

Adv. Angham Mansour

Attachments: A copy of the complaint