29 September 1997

Today the Palestinian High Court demanded from Attorney General Faiyyez Abu Rahme an explanation for the illegal arrest and continued detention of Mahmoud Ibrahim Muslih, in response to a petition submitted by LAW on 23 September.

In its petition, LAW demanded an explanation as to why due process has not been followed and why he has been denied legal representation. The Court responded by demanding either an explanation from the Attorney General, or Mr. Muslih’s release. Palestinian law states that no one may be detained for longer than 48 hours without charge or trial.

In a disturbing precedent, the High Court also ruled that the Attorney General must give an explanation within fifteen days as to why Mr. Muslieh has been denied legal representation. The High Court’s negotiation of this fundamental right is not acceptable to LAW, as the right to legal representation is integral to normal procedures of due process.

Lawyers for LAW attempted on four separate occasions to visit Mr. Muslih, but until now prison officials have denied them access to their client.

Mr. Muslih is one of 77 suspected Islamic activists arrested by the Palestinian Authority without an official order and denied legal council following the bombing of 4 September. He is 56 years old and married with eight children.

LAW sees this case as not only a test case for the independence of the Palestinian judiciary, but also as a precedent-setting case for the other 77 arrested without due process. LAW condemns this latest example of human rights abuses brought about by Israeli pressure on the PA. LAW calls on the PA to follow the rule of law and due process by halting illegal arrests and detention without charge, trial or legal representation.

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.