Administrative Detention (March 2021- March 2022)
The arbitrary arrest cases that had not been presented to any court, were 31 cases including the cases of remand by the governor. #Ongoing_Crisis
179 arrests from March 2021 – March 2022
During the second year of declaring the State of emergency (till 31/3/2022) “Lawyers for Justice Group” – will be referred to as the “Group” in the current report, due to its various members – had followed up approximately 179 detentions; Through human rights follow-up and legal representation. Additionally, the Group had documented other violations other than detention cases. #Ongoing_Crisis
detention on the basis of opinion and expression (March 2021- March 2022)
The “Lawyers for Justice” group worked with 75 cases, those who had been arrested on the background of freedom of opinion and expression, represent 41.8% of the total arrest cases. 11 cases were arrested for publishing political critiques on social media platforms, while 63 cases were arrested for political affiliation. #Ongoing_Crisis
Press conference to publish a report entitled “Ongoing Crisis; The Systematic Nature of the Suppression of Freedoms in the WestBank”
The “Lawyers for Justice” group is honored to invite you to attend its press conference, which will include the publication of a report on the arbitrary arrests during the Second year of the state of emergency, entitled “Ongoing Crisis; The Systematic Nature of the Suppression of Freedoms in the West Bank” on Thursday the 23th of February 2023 at 12:00 pm at Lawyers for Justice – Al Bireh – Al Balou’ – behind Bun Zheiman.
Proceedings of the trial of the accused in killing the activist Nizar Banat
Yesterday, January 29, 2023, a trial session was held at the special military court in Ramallah for the 14 members of the preventive security, accused of killing the martyr Nizar Banat, the session was held in the presence of the entire ruling body, and in the presence of the fourteen accused who were previously released, their attorney, and a representative of the military prosecution. “Lawyers for Justice” group followed the session as an observer of the trial sessions of the accused in the case of the murder of activist Nizar Banat, and some colleagues and representatives of local and international human rights institutions. Within the framework of the litigation procedures; The defense attorney presented his defense evidence, represented by an expert, who is a forensic doctor, head of the forensic medicine department in a hospital in Jordan, doctor (A.A.); Who submitted his report to the court, then he was discussed about this report by the defense attorney, the representative of the military prosecution, and by the court; he summarized in his report, “The cause of death of the deceased is due to heart and respiratory failure.” He added, “The cause of death is the health condition that the deceased was suffering from.” He commented on the forensic report, “What they found of the death result is not correct” The doctor (A.A) confirmed that his basis in constructing his report relied on the forensic medical report, the medical file of Nizar before his martyrdom, in addition to some papers and files that he received from the court. In its role, the Military Prosecution objected to showing the medical report prepared by the expert, expressing that it is a structural and office report, and it did not rely on examination, and autopsy, and that the approved reports must be issued by the competent authorities, but the court added the report to the case file. The observer of the “Lawyers for Justice” group made some observations during the session, which was initially represented by the expert detouring by answering some questions of the court and the prosecution, and answering them in general terms, the defense attorney intervened by adding some words or phrases to the expert’s answers, the presence of some terms in the report of the expert, who confirmed verbally that they are either wrong or not found in the medical dictionary, such as the term traumatic shock, The session was adjourned for 10 minutes, then he returned and said after the adjournment of the session, “The term traumatic shock exists only in the head and not in the rest of the body, and it does not apply to Nizar’s case, but rather what applies to Nizar’s case in the head is bruises” the defense attorney interrupted the court and the prosecution. It is noteworthy that the session was adjourned to February 26, 2023, and was postponed to allow the defense attorney to decide whether he wishes to provide additional evidence or not. It is worth mentioning that today’s session started at 10:00 and ended at 1:45. … January 30, 2023 Lawyers for Justice
Postponing the trial session of those accused of killing the martyr Nizar Banat until January 29, 2023
Today, January 15, 2023, a trial session was held for the 14 members of the preventive security, accused of killing the martyr Nizar Banat, in the Special Military Court. The fourteen defendants were represented in this session, in addition to the presence of a representative of the military prosecution, and a lawyer from “Lawyers for Justice” group as an observer of fair trial guarantees, in addition to some colleagues representatives of human rights institutions, and it was noted that the defense attorney was absent. In this session, the representative of the military prosecution submitted to the special court a letter issued by the Palestinian Bar Association stating that there is a strike and suspension of work before the courts, and based on that, he requested to postpone the court session, which the court postponed until January 29, 2023. Accordingly, the “Lawyers for Justice” group considers this statement as an invitation to human rights organizations, local and international, to attend the next court session, to ensure that the sessions proceed fairly and without delay. … Lawyers for Justice January 15, 2023
Lawyers for Justice and the American Bar Association issue a report on the new decree-law which amend the Code of Criminal Procedure
In a newly published presidential decree, the Palestinian Authority has dramatically revamped its Law of Criminal Procedure. While ostensibly designed to expedite procedures and update the law to reflect technological change, several provisions of the amendments run counter to the Palestinian Authority’s constitutional and international treaty commitments: they extend a broad grant of criminal immunity to public officials; they enable more frequent resort to proceedings in absentia; they abolish challenges to orders revoking pretrial release; they lower the standard of substantiation for statements of another accused; and they narrow the scope of appellate review. These aspects of the new decree-law threaten the rights of the accused and may be easily abused to stifle political activity .Lawyers for Justice group worked with the American Bar Association to analyze the new decree-law, and to identify the most important new legal risks that threaten the rights of the accused and may be easily abused to stifle political activity. To view the report, please press here
Lawyers for Justice weekly report – last week of January
On Sunday, January 23, 2022, the Magistrate Court in Nablus issued a decision to release Ahmed Yamin, Ahmed Dweikat, Ibrahim Shatara, and Muhammad Hussein on a cash bail of 200 and a personal guarantee of 3000 dinars. -On Monday, January 24, 2022, the Magistrate’s Court in Nablus issued a decision to release Musab Hanaisheh on bail of 2,000 Jordanian dinars. On Monday, January 24, 2022, the Magistrate’s Court in Nablus issued a decision to release Imad Khatatbeh on personal bail. On Monday, January 24, 2022, the Magistrate’s Court in Nablus issued a decision to release Ziad Al-Kilani, Raed Shawar, Osama Najm, and Ahmed Qutait on a personal bail of 5000 dinars. On Tuesday, January 25, 2022, the Ramallah Magistrate’s Court issued a decision to release Zuhdi Dannoun on a personal bail of 2,000 Jordanian dinars. Lawyers for Justice group is pursuing the arrest of Muhammad Nihad Abu Al-Aish from Qalqilya, who was arrested after being summoned for an interview on January 16, 2022.
More than 340 political arrests in 2021
The Palestinians welcomed 2021 with Presidential Decree No(5) to enhance public freedomsو and ensure political affiliation and action without persecution or restrictions. And legal criminalizing political detention confirming the provisions of the Palestinian Basic Law. And what the Palestinian Authority signed when it joined international agreements on human rights and freedom of opinion and expression. Despite the support and protection of freedoms that the Palestinian government emphasized since the beginning of this year to stop prosecuting any journalist or activist based on his work or political activity, 2021 recorded an escalation in human rights violations. The Lawyers for justice group monitored more than 340 arrests cases, including activists, academics, university students, journalists, and human rights defenders. As the world is welcoming the new year, 45 detainees are absent from their families; they are languishing in the prisons of the security services due to their political and student activity and their right to opinion and expression. The group documented more than 67 cases of political arrests during December in several governorates. Nablus (22 arrests) and Hebron (21) topped the list as the governorates that recorded the most cases of political arrests. Then comes Jenin Governorate (18 arrests), Ramallah and Al-Bireh (10 arrests), and Bethlehem (7 arrests). It also recorded many cases in Tubas, Tulkarm, Qalqilya, and Salfit governorates. The rate of arrests based on opinion and political affiliation increased after the postponement of the legislative elections on April 29, and the events in the Palestinian territories in May, and the assassination of opposition activist Nizar Banat on June 24 this year, and the subsequent demonstrations condemning the assassination. Moreover, in a previous report, the Lawyers for Justice group revealed that they monitored more than 200 cases of political and opinion-based arrests in the period between May \ November. Lawyers for Justice bids farewell to the year 2021, as it turns into one of the most brutal years of repression of freedoms and the rights of opinion and expression. And it is anxiously awaiting the new year, hoping to preserve and maintain the Palestinians rights of political affiliation and freedom of expression as guaranteed by the Palestinian Basic Law and the international human rights agreements to which Palestine is a party.
Lawyers for Justice: The arrest of activist Moussa Nazzal, under the custody of the governor, is against the law
In cooperation with the United Nations Human Rights Office, the Lawyers for Justice group was able to locate the place of detention of activist Musa Nazzal “Al-Sawy” in Qalqilya, where he is detained under the custody of the governor of Qalqilya.The General Intelligence Service, where he is held, has prevented the family of the detainee “Al-Sawy” from visiting him, which is a cause for concern about the conditions of his detention and his health condition.Since 7/12/2021, General Intelligence arrested “Al-Sawy” without an arrest warrant. The Lawyers for Justice group did not find any file for his case with the Public Prosecution, which means that the arrest was carried out arbitrarily and illegally.The detention under the governor’s custody violates the Palestinian Penal Procedures Law No. (3) of 2001, where Article 29 of it states that: “No one may be arrested or imprisoned except by an order from the legally competent authority”. In this case, the competent authority according to the law is the Civil Public Prosecution, as it is a competent authority in establishing and conducting criminal proceedings.Moreover, detained him for seven consecutive days without a trial violates the Palestinian Basic Law, which states in Article (12): “Anyone who is arrested or detained shall be informed of the reasons for his arrest and detention. And shall be informed promptly in a language he understands of the accusation against him, be able to contact a lawyer and be brought to trial without delay.”Today, the group appealed to the Public Prosecutor for his immediate release in light of his illegal arrest procedures.The Lawyers for Justice group affirms that they will follow up on the “Al-Sawy” case, in addition to following up on political detainees, until their freedom is guaranteed, their release, and the emptying of all political prisons.