AN EXERCISE FOR THE INDEPENDENT PALESTINIAN JUDICIARY

HIGH COURT PETITION DEMANDS IMMEDIATE RELEASE OF STUDENTS

27 June 1996

On 26 June five lawyers (Khader Shkirat, Ahmad Sayyad, Akram Samara, Ali Ghuzlan, Elia Theodory and Marwan al-Khatib) filed a petition at the Palestinian High Court in Ramallah on behalf of 10 Bir Zeit University students detained by the Palestinian Authority. The students were arrested in March 1996, and have been detained without charge or trial for 100 days. The petition calls for the students either to be charged with an offense, or to be released immediately.

The lawyers submitted the petition at 11:00 a.m., in cooperation with the Human Rights Action Project at Bir Zeit University, against acting Minister of the Interior Yassir Arafat and Attorney General Khaled al Qidra. The High Court heard the case within an hour, which was presented by Adv. Khader Shkirat. The Court decided to issue a request for a written explanation from the Minister of Interior and from the Attorney General al Qidra as to why due process had been violated, and legal procedures as enshrined in Palestinian law not followed. The Court gave eight days for the request to be fulfilled.

According to articles 16 and 108 of criminal legislation of 1961, no one may be detained for longer than 48 hours without charge or trial. In addition, the students were arrested without an official order or arrest warrant. The continued detention of the 10 students is in direct violation of Palestinian law, and in violation of normal procedures of due process.

In previous correspondence, both the state and military prosecutors have stated that they were not the responsible authorities for the arrests. LAWE expresses its grave concern over the clear lack of due process and the need for a transparent legal process. LAWE believes that many arrests and other violations of human rights are perpetrated outside the established legal and law enforcement systems, and are therefore difficult or impossible to appeal as there is no clear responsible authority.

LAWE sees this as a test case for the independent Palestinian judiciary, and as an important opportunity for the Palestinian Authority to affirm its commitment to the rule of law, due process and the respect for human rights. The outcome of this case will certainly influence the development of the rule of law in Palestine.

Land and Water Establishment is a human rights 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. LAWE can be contacted by phone, fax, or email: lawe@netvision.net.il.