Arbitrary Detention within a year of the state of emergency report
Activist Mohammad Balaawe
Lawyers for Justice; we were expecting the announcement of activist Mohammad Balaawe innocence, which he has been arrested by “Preventive Security Service” with being interrogated, and extended his detention, as well as referred his case to the competent court on remand for 10 days with set of charges such as, slanderous against Palestinian Authority, Inciting racial hatred. Afterwards, A decision was issued on this day to imprison him for three months before the imprisonment was replaced with a fine, and before he had a chance to meet with a defense lawyer. Indeed, Lawyers for Justice look to this decisions suspicionly since activist Mohammad Balaawe is young and all charges that he has been accused with, dosen’t fit with Freedom of Opinion and Expression. Furthermore, We think as Lawyers that those charges Do not constitute any crimes which requset punishments since Freedom of Opinion and Expression are quaranteed by Palestinian Basic Law.
The arrest of the human rights activist and defender, Jasser Jaser
Lawyers for Justice have followed this day, 5/31/2020 The arrest of the human rights activist and defender, Jasser Jaser. who was arrested against the background of what he was published on the Facebook page, “Bekfi ya shrikat alitisalat”-This is enough Communications companies- which is a page of social mobility .The Public Prosecutor accuses the activist Jasser of “transmitting insulting news using communication devices” in violation of the “controversial” cybercrimes law.Accordingly, lawyers for justice believe that his continued detention for the second consecutive day, on the background of his publications, which is demanding accountability for corruption and corrupt people, is only a trial of the conscience of honorable people with the aim of blocking any social union activity aimed at correcting social and economic policies to achieve the desired social justice.Based on the foregoing, Lawyers for Justice have demanded that the relevant authorities issue a decision to stop the prosecution and detention of trade unionists and human rights defenders. emphasize the need of closing all the judicial files that impede any trade union activity and/ or restrict freedom of opinion and expression guaranteed under the domestic and international laws.
The Palestinian labors Inside the Green line, in the face of death
Position paper emanating from Lawyers For Justice Based on the declaration of a state of emergency in the occupying Power(Israel), especially after the increase in the number of cases of Corona Kovid virus (19), the Palestinian workers found themselves obliged to choose between staying at home for their safety or keep their living. Thousands of the Palestinian labor have been asked by the Palestinian prime minister to arrange their priorities within a maximum of three days before preventing the movement between the Palestinian territories and Israel, and owing to their economic conditions they choose to work . The forced movement of the labors it has an impact on them health, dignity and to them labor rights. According to these remarkable issues Lawyers for Justice decide to highlight the framework of Israelis laws and the international references. The geographic move of labors from Palestine to Israel applies to the articles of The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families which should be implemented in parallel with other international references, including the basic United Nations human rights instruments, such as the Universal Declaration of Human Rights, the International Covenants – the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and political Rights – and the Convention on the Elimination of All Forms of Racial Discrimination; Conclusion of the Fourth Geneva Convention on the Protection of civilian Persons; These international references have given migrant workers from one region to another rights based on equality between them and what governments in these regions harness to their workers and it’s also recommend to take several prevention procedures especially during emergency cases such as epidemiological. Under the current situation of declaration of emergency in Israel the pillars of labor market it have an obligation to implement the international references recommendations, as they constitute the minimum rights. Here, lawyers for justice mention that the declaration of a state of emergency and the outbreak of the epidemic do not give employers any powers or justifications to prejudice the workers ’rights of the Palestinian worker, whether it concerns wages, working hours, vacations, personal safety controls, insurance, In the case that the situation imposes exceptional limits on these rights, the human dignity of workers must be preserved, and must take into account the guarantees contained in the body of the Fourth Geneva Convention on the Protection of Civilian – workers coming from an occupied territory – including take the necessary measures to preserve their physical and psychological needs arising from the direct and none direct effects to declare a state of emergency, whether by the regular authorities or individuals or groups of citizens of the occupying power, especially that the Palestinian workers will be forcibly resided in inappropriate living conditions that obliged the authorities of the state to tackle intervention procedures in particular the authority of the population and migration, the Ministry of Economy, Labor, and the Ministries of Health and Interior, to provide temporary living environment for decent where the human dignity of workers respected and safeguarded their rights. Scrutiny, we find that the Israeli labor law organized foreign employment, and gave them equal rights for their nationals, but successive Israeli authorities imposed a systematic living condition on the Palestinian worker that forced them to emigrate to work within the green line, with rights that are not consistent with those guaranteed by domestic legislation; as we mentioned above, the declare a state of emergency provides a fertile environment for employers to violate the rights of this category, bearing in mind that the Israeli Emergency Law of the year (2006) and its amendments gave the political and military leadership in Israel the authority to Adopt fair labor policies and procedures. However, the disparity of political power, especially in the context of the Palestinian-Israeli conflict left Thousands of Palestinian workers out of the benefits of these measures. It is important to mention that the International Labor Organization lunching a specialized study for examination, the impact of Corona Kovid virus (19) on the workforce and its rights which is stamped by adopting three labor policies to face the consequences and effects of this situation. Lawyers for Justice high recommend the Palestinian government to provide the families of the workers with the basic needs to enhance their sense of human security and dignity, and emphasizes that the violation of labor rights constitutes a violation that requires domestic and international civil and criminal prosecution Therefore, by paying attention to the international tools mentioned in these references, including the protocol for individual complaints, lawyers for justice team will provide representation and legal assistance services for each worker who violated his legitimate rights or lived in conditions that diminished his human dignity while he was at his workplace in the occupied interior, to prevent damage Has caught up with him, and we also appeal to all partners to intensify efforts to monitor and document what violations of this category may face.
Arqam
Lawyers for Justice got a decision to acquit the detainee Arqam Harsha from the Magistrate’s Court in Tulkarm, and the Preventive Security Service refuses to release him. Today, February 24, 2020, a session was held to try Arqam Harsha’s detainee in the Magistrate’s Court in Tulkarm, where the Public Prosecution transferred the investigation file to the court and the indictment was read out. In the same session, the court issued its decision to announce that Arqam Harsha after he denied the charges in the presence of Attorney Ahmed Barham is a representative of lawyers for justice The Preventive Security Service in Tulkarm had arrested the youth activist Arqam Harasha from the town of Qaffin due to his participation in the demonstrations, according to what his father said (that Arqam was went out in a peaceful demonstration to participate in the funeral of the martyr Badr Harashi in Tulkarm, on the date of 9 / 2/2020 A number has been reported by the Preventive Security for the interview, and he was detained by the Preventive Security in Tulkarm, from the date of his detention until the date of 14/20/2020 was arrested illegally as he was not transferred to the court) Lawyers for Justice considered what came on The detainee’s father’s tongue is a digit that has violated the Palestinian criminal procedure law and that his arrest is in violation of Fair trial . The Preventive Security Service in Tulkarm refuses to release the detainee Harsha’s number despite a decision to declare his innocence and to release him unconditionally, as a member of his family stated that the Preventive Security Service informed him that he did not intend to release him today. Lawyers for Justice considers that the declaration of innocence of Harsha or other political detainees from the insatiable apprehension assigned to them, or the preservation of their files by a decision of the Attorney General is evidence that their arrest was merely arbitrary detention due to political activity and / or union action and / or Freedom of opinion and expression, and there is no evidence linking them to the charges assigned to them. In addition, these charges against them are merely charges that the public prosecutor used to direct the above-mentioned detainees. Lawyers for Justice launches an urgent appeal for the immediate release of the activist detainee Harasha’s without restriction or commitment, in compliance with the judicial decision issued by the Magistrates Court in Tulkarm. Thus, lawyers for justice claim the kindness of the Attorney General and human rights institutions to intervene immediately to release the detainee Arqam Harsha
Alaa Hmaidan
Lawyers for Justice group has followed with concern the arrest of the community activist Alaa Hmaidan, owner of the “Knights of the Great Dawn” initiative, which aims to enhance the resilience of citizens in several areas by going to pray dawn.Alaa hmidan was arrested by the Preventive Security Service in Nablus on 2/22020 because of his community activities, where he was presented on 3/22020 for investigation in the Public Prosecution offices in Nablus on charges of collecting and receiving funds from illegal associations which is a political charge that the prosecution used the general public directed its political detainees and human rights defenders in Palestine. Ala denied the charge against him, and his detention was extended for 48 hours.On 5/2/2020 Lawyers for Justice, Ala Hmaidan, was arrested before the Nablus Magistrate’s Court and his detention was extended for 5 days in order to give the Public Prosecution an opportunity to build an investigative file.Lawyers for justice filed the following day with a request to release Alaa on bail, but the request was rejected for the same purpose (the investigation).Lawyers for Justice are launching an urgent appeal for the release of activist human rights defender Alaa Hmaidan, owner of the initiative (Knights of the Great Dawn), and the group is very concerned about the use of political charges by activists and human rights defenders for the purposes of arresting and interrogating them with project activities that fall under freedom of work Human rights and freedom of opinion and expression.Lawyers for Justice group are calling the local and international human rights organizations and the media to follow up on this case, thus demand that the Palestinian Authority stop the trial of the detained activist Alaa Hmaidan and release him freely.
January 2020 report
Lawyers for Justice January 2020 report:17 cases of ‘political detention’, and 4 of the detainees raise allegations of torture and miss-treatment A contribution from “Lawyers for Justice” group in monitoring and documenting the Palestinian human rights situation, publishes this third monthly report for January 2020, on the cases it follows legally at the level of political and arbitrary detention and human rights.The following are the highlights of the group during the month of January 2020 (follow the details of the political arrests at the end of the report): Lawyers for Justice continued to monitor 17 cases of detention in the West Bank in January for political or trade union backgrounds, or against freedom of opinion and expression.2 of the political prisoners held during the month of January are university students.4 of the political detainees raised allegations of torture and miss-treatment during their arrest and / or investigation.The group’s lawyers and professors followed sixteen court hearings in cases of current and former political detainees or human rights defenders.Lawyers for Justice issued a set of press releases and urgent appeals for various cases.Lawyers for Justice has released its official website documenting cases that the group has been following in recent years, ” http://lawyers4justice.ps/ “.A political and human rights activist, a resident of Hebron, was presented to the Hebron Magistrate Court, where he is being tried on the background of his writing, which is published on the social networking site Facebook. And by a decision of the court, it was decided to give the public prosecutor a final deadline to submit all its evidence, as the session was adjourned to Wednesday 4/3/2020.The group launched an urgent appeal for the implementation of a judicial decision challenging the elections of the local authority in Al Samoua municipality, in which the group deplored the failure of the official authorities, including the Ministry of Local Government, not to implement the judicial decisions issued by the Electoral Court in Bethlehem, and then the Jerusalem Court of Appeals, the last of which is the Court of Cassation in Decision issued on 5/12/2019 in the case of vetoing No. 445/2019.Lawyers for Justice followed the session of the Political Detainee Court, Alaa Fahmi Abdel Karim Bashir, where the session was held on 15/1/2020, and she is a prisoner in the occupation prisons, who is serving a sentence of administrative detention. She is being tried before the Qalqilya Magistrate Court on charges of provoking racist prejudices. The session was postponed to 12/2.2020 as the Public Prosecution presented it .The session of the previous detainee court, Suha Badran Muhammad Dar Jbara, was held on 13/1/2020, and she is a community activist, who has been tried before the Jericho Court of First Instance since the past year. The sixteenth session, which was held on the date mentioned above, ended with a stamp of evidence between the Public Prosecution and giving a deadline to the “Lawyers for Justice “to present you have shown . Details of the political arrests the group followed in 1/2020: 1- A.B from the residents of Ramallah, a former prisoner who was arrested by the Preventive Security Service on 9/1/2020, and charged with collecting and receiving money from illegal associations, was released on 23/1/2020 after completing the sponsorship procedures that were It was issued in accordance with the decision of the Magistrate’s Court in Ramallah on 22/1/2020 and it is a judicial bail of 3000 dinars. 2- M.D from the residents of Ramallah Governorate, a former prisoner, who was arrested by the Preventive Security Service on December 24, 2019 by summoning him to the Preventive Security headquarters. The prosecution charged him with collecting and receiving funds from illegal associations. He denied the charge before the prosecution, and obtained “Lawyers For justice “on his decision to release him on 12/1/2020 with a cash guarantee of 500 dinars. 3- A.T resident of Tulkarm Governorate, arrested by the Preventive Security Service in Tulkarem on December 14, 2019, arrested on the authority of the Governor of Tulkarm. The “Lawyers for Justice” group lodged an appeal against his unlawful arrest before the Supreme Court of Justice, and a session was held for him on 12/30/2019, the session was postponed to 6/1/2020 to present the defense evidence, and they were released on 14/1/2020. 4- B.A resident of Ramallah Governorate, arrested by the General Intelligence Service on 12/12/2019, and the Public Prosecution charged him with collecting and receiving money from illegal associations, where he informed the group that he was subjected to torture and miss-treatment that he raised before the Public Prosecution, and he informed an agent The prosecutor said, “He was beaten while being interrogated. They were hooked by hands from behind, and they kept me locked.”It is noteworthy that he is still detained by the General Intelligence Service despite the issuance of a release order against him on 21/1.2020 after he deposited with his family the value of the monetary guarantee set by the court, which are one thousand Jordanian dinars. After that, he will be brought before the Public Prosecution office for possession of a weapon on 23.1.2020. 5- H.R residents of Ramallah Governorate, one of the wounded from the occupation and listed on the list of the wounded of the intifada, was arrested by the General Intelligence Service on December 22, 2019, and the prosecution charged him with collecting and receiving funds from illegal associations, but he told the Public Prosecutor’s office in the presence of “lawyers” For the sake of justice “that his investigation revolves around his political activity, and H.R raised before the Public Prosecutor allegations of torture and miss-treatment, as he said with the ghost, hanging his hands on the wall, and preventing him from showering; where he suffers from a skin disease that requires him to shower daily, and medications are not provided His own family until Monday evening, December 23, after his father was allowed to enter For medications, and in the context of the allegation of miss-treatment, H.R said that he was threatened with placing a wet pouch in
Noor Yasin
The trade union activist Nour Yassin was arrested by the Preventive Security Service in Nablus on 20/1/2020, where he was presented to the Public Prosecution in Nablus on 01/21/2020 and his detention was extended for 22/1/2020 for the purposes of hiring a lawyer, on the following day 22 / 1/2020 Nour was presented to the Public Prosecutor who investigated him on the charge of collecting and receiving funds from illegal associations, which is a political charge that the Public Prosecution used to direct to activists and political detainees. Nour, in turn, denied the charge and said (that his investigation with the Preventive Security Service revolves around his union activity as a representative of the Islamic Bloc at An-Najah National University). It is reported that Nour raised allegations of torture on multiple sites of his body, and the Public Prosecutor noted: (The accused limped on his right leg and asked (Nour) about the reason for that, he replied that he was beaten, rescinded, during interrogation). The next day, Nour was presented to the Nablus Magistrate Court, which extended his detention for four days at the request of the Public Prosecution, and then he was presented on the specified day after four days to the Nablus Magistrate Court, and his detention was extended for another five days. On Thursday 30/1/2020 , the Magistrate’s Court decided to release Yassin on bail of a thousand Jordanian dinars.
Muhanad Nasr
On 6/1/2020 Lawyers for Justice pursued the case of the political detainee Muhanad Nasr in front of the Public Prosecution Brigades in Ramallah, where he was interrogated on charges of collecting and receiving funds from illegal associations, a political charge that the Public Prosecution with respect to direct to political detainees. The effects of the political detainee Muhannad Nasr before the Public Prosecution in the presence of a representative of lawyers for justice, the lawyer Muhannad Karajeh, allegations of torture. Poor conditions of detention that he lives from the beginning of his detention on 5/1/2020, where he is placed suspicious in a small cell measuring 30 * 30 cm. Lawyers for justice the allegations raised by the detainee with the General Intelligence Service in Ramallah are considered a crime accountable by law, and in violation of the treaties and agreements signed by the State of Palestine. Lawyers for Justice considers this statement as a communication of the compassion of the Attorney General for the release of the detainee Muhannad Nasr and for the investigation of the allegations that have raised it.
December 2019 report, Lawyers for Justice
17 cases of political detention, and 5 of the detainees raise allegations of torture and miss-treatment A contribution from the “Lawyers for Justice” group in monitoring and documenting the Palestinian human rights situation, publishes this second monthly report of December 2019, on the cases it follows legally at the level of political and arbitrary detention and human rights.The following are the highlights of the group during the month of December 2019 (follow the details of the political arrests at the end of the report):• Lawyers for Justice continued to monitor 17 cases of detention in the West Bank in December 2019 for political or trade union activity, or against the background of freedom of opinion and expression.• 6 of the detainees during the month of December are still being held by the Palestinian security services.• Two political detainees are still being held by the security services; they were detained during the previous months, the first of February 2019, and the other in the month of November 2019. The total number of those who still in detention is 8.• 4 of the political detainees during the month of December are university students.• 5 of the political detainees raised allegations of torture and miss-treatment during their arrest and / or investigation.• 5 of the political prisoners were arrested illegally on behalf of the governors during this month, without presenting them to any judicial authority.• 4 of those arrested during previous months; they were released during the month of December, after legal follow-up from the group.• “Lawyers for Justice” obtained the acquittal of the released detainee A.A. from the charges attributed to him during the first session of the trial after the prosecution presented the investigative file without providing any other evidence, while the Public Prosecution decided to save the investigative file of the released detainee A.A., because there was no Any evidence linking him to the charge.• Lawyers for justice group have followed dozens of trial sessions in cases of political detainees or human rights defenders, current and former.• “Lawyers for Justice” attended the second session of the trial of the late Israa Gharib, as part of the legal supervision of fair trial guarantees, and issued a statement of its progress.• Lawyers for Justice issued a set of press releases and urgent appeals in various cases, and launched a legal and other educational campaign on the occasion of the International Day against Violence against Women, via social media.Notes and recommendations:• The group expresses its concern about the continuation of political arrests on the background of political, trade union and student activity in the West Bank and Gaza Strip, and calls for a halt to the pursuit of university students due to their union activities.• The acquittal cases obtained by a number of detainees during the previous months due to insufficient evidence, and keeping the files of other detainees for the same reason, demonstrate the use of criminal charges by the human rights community to pursue political activists, human rights defenders and prisoners of conscience, where charges such as “collection” are used. And receive money, ”“ possession of weapons, ”“ inciting sectarian strife, ”“ vilification of power, ”and others, to cover up the real reason for the arrest.• The group recommends that an investigation be opened into the allegations of torture and miss-treatment raised by a number of detainees, a number of which have been recorded in the public prosecution records, in compliance with Articles 10 and 13 of the Palestinian Basic Law, Articles 5 and 9 of the Universal Declaration of Human Rights, and Articles 1, 4 and 16 of the Convention against Torture And other cruel, inhuman or degrading treatment or punishment, which the State of Palestine has signed, and Articles 7, 9 and 10 of the International Covenant on Civil and Political Rights, to which the State of Palestine has acceded.• The group calls for stopping the detention of the governors, which is considered an administrative detention without a decision or judicial permission, as the Palestinian Basic Law affirmed in Article (11/2) that “it is not permissible to arrest, search, imprison or restrict his freedom with any restriction or prevent him from moving Except by a judicial order in accordance with the provisions of the law, ”and in compliance with Articles 8, 10 and 11 of the Universal Declaration of Human Rights, and in compliance with Articles 9/3 and 14/3 of the International Covenant on Civil and Political Rights to which the State of Palestine joined. Details of the political arrests that the group followed in 12/2019:1. Q.F resident of Tulkarm, a university student, was arrested by the General Intelligence Service on 4/12/2019, and he was transferred to the headquarters of the General Intelligence Service in Jericho, his family did not know about his place of detention until lawyers for justice issued an urgent appeal To find out the location of his arrest after five days, and he was arrested on the authority of the governor of Tulkarm, he raised allegations of torture and miss-treatment, where he told “Lawyers for Justice” that he tortured, and that his hands were tied and hung in the door, and he was released on 11/12/2019, knowing that he was arrested because of his union activities at the university.2. A.A a resident of the Nablus governorate, arrested by the Preventive Security Service on December 11, 2019. The prosecution charged him with defamation against the authority. He denied the charge before the prosecution and said that he was arrested because of his participation in receiving one of the freed prisoners in his town. “Lawyers for Justice” on a decision of the Magistrate’s Court to release him on 12/17/2019 with 200 dinars guarantee.3. A.T resident of Tulkarm, a former prisoner in the occupation prisons, arrested by the Preventive Security Service in Tulkarm on 12/14/2019, he was arrested on the authority of the governor of Tulkarm. “Lawyers for Justice” group lodged an appeal against his illegal arrest. The project is before the Supreme Court of Justice, and