from the Public Relations Office
Ramallah--On Sunday, August 18, 1996, a five-judge panel of the Palestinian High Court declared the prolonged detention of 10 Birzeit University students illegal and ordered their immediate release. The decision of the judges was unanimous. The High Court immediately issued release orders for each of the students which were delivered by the lawyers to the Ramallah Central Prison. Officers in the prison officially received the release orders on Sunday afternoon at approximately 1:30 pm, signing each one, and prepared the students' identity documents for their release. When the students' lawyers left the prison they were informed that the releases would take place by the end the day.
This morning (Monday, August 19) upon learning that the students had not been released as expected the lawyers called the prison and were informed that the officials were "awaiting a reply from Gaza" before implementing the release orders. The lawyers noted to the officials that this action violated the order of the court and asked for immediate implementation.
On Wednesday, June 26, a committee of Palestinian lawyers, in conjunction with Birzeit University's Human Rights Action Project, submitted a petition to the Palestinian High Court in Ramallah on behalf of ten Birzeit University students, detained since early March in the Ramallah prison without charge or legal proceedings. The petition called on the Palestinian Minister of Interior and Attorney General to declare the legal basis of the detentions or to release the students immediately.
The advocates, including Ahmad Sayyad (Mandela Institute for Political Prisoners), Akram Samara, Ali Ghuzlan, Elia Theodory (Birzeit University Human Rights Action Project), Khadir Shkeirat (LAWE), and Marwan al-Khatib, argued that their clients are being held illegally without charge or legal proceedings and, therefore, should be released without delay. The detentions have been marked by an absence of judicial review. No warrants were issued for the arrests. The detainees have not been charged with any offense, nor have they appeared before a judge to have the period of their detentions or the basis of the investigations against them reviewed. Both the civilian and the military prosecutors asserted that the detentions did not fall under their authority.
The Palestinian High Court, an independent Palestinian court, has the authority to review administrative matters, including the legality of detentions. A three-judge panel reviewed and formally accepted the petition in a pre-trial hearing on 26 June, ruling that the state must respond to the allegations of illegal detention within eight days. After several delays the state responded to the petition on 25 July arguing that the High Court does not have jurisdiction over the case, and that the detentions were not illegal (no charges were, however, presented to the court).
A five-judge panel convened on 31 July to hear the arguments of the two parties. After the two sides presented their arguments before the court, the head judge informed the court that the ruling would be issued on Sunday, August 18.
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