14 June 1996

Dr. Sarraj Detained Another 15 Days

New Charges By Palestinian Authority

Dr. Eyad Sarraj, the Commissioner General of the Palestine Independent Commission for Citizens' Rights, was arrested late at night of 9 June and held without charge, without legal representation, and in violation of Palestinian law of due process until 13 June. Palestinian law states that a detainee must be charged and allowed legal counsel after 48 hours of detention.

At 3:30 p.m. on 13 June, Dr. Eyad Sarraj was formally charged and allowed to see his lawyers, Khader Shkirat (Land and Water Establishment) and Raji Sourani (Palestinian Center for Human Rights) for the first time. The lawyers report that Dr. Sarraj is in very poor condition, both physically and mentally, and that Dr. Sarraj confirmed reports that he had been severely beaten during interrogation.

At this time it was revealed that just an hour earlier Dr. Sarraj had been brought before the Military Court on a previously unannounced charge of striking a police officer. He was forced to appear in this court without legal representation, although his lawyers were waiting for him in the magisterial court. Dr. Sarraj told his lawyers that he was accused of striking the police officer responsible for his interrogation and who had been mainly responsible for beating Dr. Sarraj. During this hearing, the military court summarily decided to detain Dr. Sarraj for an additional 15 days.

Dr. Sarraj's case was then brought before the Palestinian Magisterial Court in Gaza for his hearing on drug charges, presented against him by the Palestinian Authority.

The lawyers argued that the due process guaranteed to Dr. Sarraj under Palestinian law was grossly violated. In addition, there were no criminal laboratories available in which to analyze the material supposedly found in Dr. Sarraj's office, and therefore it was impossible to prove the drug charge.

The judge accepted the arguments of the defense, and dismissed the charges against Dr. Sarraj.

Dr. Sarraj added that during his interrogation, he was not asked about drugs or drug dealing. His questioning centered primarily around the letter he sent to Mr. Arafat after his release from his last arrest on 18 May. In this letter he stated that he did not retract the criticisms he made of the Authority in the New York Times interview he gave in the beginning of May, and he sought a new relationship with the Palestinian Authority if they began respecting basic human rights and ended their campaign against him. It is his and his lawyers' belief that this letter and continued criticism is the real reason behind his continued incarceration.

His lawyers add that if Dr. Sarraj were charged with striking a police officer, the appropriate court for the hearing must be the civil court, according to Palestinian law article 251 of 1936. Dr. Sarraj's case could by no stretch of the imagination be considered an internal military matter and therefore subject to the authority of the military court.

It is also LAWE's belief, and that of numerous other human rights organizations, that the accusations leveled against Dr. Sarraj are fabricated on the part of the Palestinian Authority. In fact, the Authority has made little effort to make the charges and the legal process against Dr. Sarraj appear legitimate.

As concerns for Dr. Sarraj's physical well-being mount, Land and Water Establishment urgently calls on the international community to continue their appeals to the Palestinian Authority to release Dr. Sarraj. Send faxes to: President Yassir Arafat: (972) (7) 822365/6, Minister of Justice Frieh abu Medein: (972) (7) 822236, and Attorney General Khaled al Qidra: (972) (7) 824503.

Land and Water Establishment is a Palestinian non-governmental organization, dedicated to preserving human rights through legal advocacy. LAWE is also an affiliate member of the Paris-based International Federation for Human Rights.