23 September 1997

On 23 September, LAW submitted a petition to the Palestinian High Court on behalf of Mohammed Ibrahim Mahmoud Muslih, improperly arrested by the Palestinian Authority following the 4 September bombing in West Jerusalem. Mr. Muslih was arrested by the General Intelligence from his office at the Islamic Charitable Society in Ramallah. Mr. Muslih was arrested, along with 77 other suspected Islamic activists, without an arrest warrant, and he has been consistently refused legal council. In its petition, LAW requests that the court order Attorney General Faiyyez Abu Rahme and President Arafat to provide an explanation as to his arrest and why due process was violated in his case.

On 15 September, lawyers for LAW attempted to visit Mr. Muslih but were prevented from doing so by the prison authorities. On the same day, LAW sent a letter to the state prosecutor demanding an investigation as to the reasons behind his continued incarceration, and why he was continuously denied legal representation. On 18 September, the state prosecutor responded by saying the cases were under the jurisdiction of the military prosecutor. Therefore LAW immediate wrote to the military prosecutor, only to be informed that the arrests had been undertaken by Presidential order, and that therefore they had no jurisdiction over the case. Arrests by Presidential order, however, is an irregular and improper procedure - arrests must be authorized only by the state or military prosecutors. On 21 September, LAW again tried to visit, and was again prevented. Thus on 23 September, LAW submitted this case to the High Court.

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, Mr. Muslih was arrested with no official order or arrest warrant, and he has been consistently denied legal representation. His arrest is in violation of Palestinian law, and in violation of normal procedures of due process. The fact that both the state and military prosecutors have stated that they are not the responsible authorities for these arrests gives rise to grave concern that there is no accountable authority carrying out these arrests.

The petition will demand that the Attorney General and President Arafat explain the continued detention of Mr. Muslih, detained in violation of Palestinian law, to allow attorneys for LAW to visit, and to release immediately Mr. Muslih. The petition will be heard on 24 September at 9:30 in Ramallah.

LAW sees this case a test case for the independence of the 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. Pressure from the Israeli authorities to arrest Islamic activists cannot be seen as a justification to deny Palestinian citizens their fundamental human rights and due process.

LAW - The Palestinian Society for the Protection of Human Rights and the Environment is a non-governmental organization, dedicated to preserving human rights through legal advocacy. LAW is also an affiliate member of the Paris-based International Federation for Human Rights.

14 September 1997