14 September 1996
Press Release Update:

"BIRZEIT UNIVERSITY PROTESTS LACK OF IMPLEMENTATION OF HIGH COURT DECISION"

from the Public Relations Office

Birzeit--One month ago the Palestinian High Court ordered the immediate release of 10 Birzeit University students on the grounds that their detentions were illegal. As their colleagues return to the classrooms for the 1996-97 academic year, 5 of the 10 students remain imprisoned in direct violation of the court order. The failure to implement direct orders of the High Court undermines efforts to establish the rule of law and therefore the foundation of a democratic state in Palestine.

In the past three weeks 5 of the 10 students named in the case before the Palestinian High Court have been released from prison among several group releases. The university welcomes the release of these students and others detained without charge or trial. At the same time the failure to implement the landmark decision of the Palestinian High Court by the release of all ten students must be seen as a disturbing indicator of a failure to respect the authority of the independent Palestinian judiciary.

These students have now been detained for six months without charge or legal proceedings. In addition to the five students who were named in the petition to the Palestinian High Court, four other students are also still detained in the Ramallah Central Prison. The precedent of the court decision should be brought to bear on all prisoners held without charge or legal procedures and therefore to all nine students still detained by the Palestinian National Authority. On these grounds the university calls again for the immediate release of all Birzeit University students and all prisoners detained without due cause.

The students, who have been detained since early March, have suffered a severe disruption to their academic careers and personal lives. Many have been forced to suspend course work. Those who have continued their studies while in prison have complained of the difficulties of preparing for classes and examinations while in prison due to lack of facilities and prison conditions. Students expecting to graduate have been forced to postponed their plans.

The university affirms again the importance of the rights to due process as affirmed by the ruling of the Palestinian High Court on 18 August: "We find that the arrest in Ramallah Prison since March 1996 and until now happened without any legal reason and took place in the absence of procedures and in contravention of the rule of law which gives us the power to accept this case and to find the arrest of the plaintiffs illegal. Release them directly."

The full and immediate implementation of the High Court decision by the executive authority is essential for guaranteeing a democratic society, respect for rule of law, the independence of the judiciary, and the separation of authorities. There can be no doubt that widespread consensus exists among the Palestinian people from all sectors for the implementation of the orders of the court and for the establishment of a democratic system of government.

In the best interests of developing and building Palestine, the rule of law should be respected. The order of the Palestinian High Court must be implemented.

For additional information contact: Human Rights Action Project, Birzeit University, hrap@admin.birzeit.edu

[ENDS]