Court session for those accused of killing Nizar Banat – December 26, 2021
Today, Sunday, December 26, 2021, the group of Lawyers for justice attended the trial session of the accused of killing the activist Nizar Banat. The trial held in the military judiciary building in Ramallah, in the presence of the 14 accused, their defense attorneys, the representative of the military prosection and the lawyer of the Nizar Banat family. During the session, the defense lawyer of the accused presented his witness (Z.R), the defense lawyer and the representative of the military prosecution questioned the witness. The group also observed a violation in fair court standards which is no clear basis for the court to accept or reject the questions that was discussed by the witness.
Due to the absence of witnesses.. 9 trial sessions for activists were postponed and a case file was closed
Ramallah Magistrate Court postponed nine trial sessions of activists and human rights defenders, until January 19, 2022, due to the non-attendance of witnesses and their absence from the sessions. Representatives of the Public Prosecution Office requested a time limit to confirm their positions on the evidence.In light of the continued absence of witnesses, as the representative of the defense, the advocate of the Lawyers for Justice group petitioned the court to compel the prosecution to bring the witnesses themselves.Although the Public Prosecution Office has previously completed all aspects of the investigation file, the group observed a delay in the court’s procedure. By accepting the request of the representative of the Public Prosecution to grant him additional time, and that the postponement of the hearing serves nothing but delay the achievement of justice.Meanwhile, after four court sessions, the court closed the case file against activist Ghassan Al-Saadi on charges of “Defamation using the electronic network or any information technology means.”, due to the failure of the Minister of Social Development, Ahmed Majdalani in submitting his civil right to accept this case.Here, a group of Lawyers for Justice points out that it raised in its defenses the failure of Al-Majdalani to claim civil rights since the first session of the case on July 6, 2021. But the court rejected the arguments and insisted that the activist’s trial continues till today.Accordingly, the group stresses that the continued procrastination of the activists’ court proceedings does not fall within the standards of a fair trial.Furthermore, Lawyers for Justice recalls that activists are prosecuted for their human rights activism and advocacy without committing any violation of Palestinian law and that their activities came within the framework of human rights agreements and the Palestinian Basic Law, which guarantees their right to expression and peaceful demonstration.
An invitation to attend trials of 35 human rights defenders and activists
Lawyers for Justice group invites all media organizations, civil society, local and international human rights institutions to attend ten public trial sessions of 35 human rights activists and defenders against participating in the “Enough is enough” movement in 2020. And on participating in the demonstrations condemning the assassination of activist Nizar Banat in June 2021. The group confirms that attending and monitoring these public hearings contributes to fair trial standards. Activists are being prosecuted for their participation in legal activities guaranteed by Palestinian law, freedom of opinion and expression guaranteed by the Palestinian Basic Law, and human rights treaties to which Palestine is a party. Their cases were listed under different charges, as follows: Stirring up racist strife, continuing to gather and not disperse except by force, Participating in an illegal gathering, breaching the state of emergency, and stirring up sectarian strife, defamation using the electronic network or any information technology means”. The sessions were postponed several times due to the absence of witnesses in the security services. Also, one of the sessions was postponed due to the absence of the witness, Ahmed Majdalani, Minister of Social Development. This continued absence of witnesses, whether intentionally or because they were not informed, led to the delay in the trial, in violation of fair trial guarantees, as is the case with the “Enough” movement activists who have been on trial for more than a year. Accordingly, as the Lawyers for Justice group pleads as an attorney for the defense of activists and human rights, it calls on civil and human rights institutions and the media to attend on Sunday 19/12/2021 at the Ramallah Magistrate Court, where the sessions begin at nine in the morning.
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.
Lawyers for Justice documents a violation against the human rights of a political prisoner
Lawyers for Justice group documented grave human rights violations that activist “N.ِA” was subjected to during his arrest during the twenty days of his political detention.Although the court issued a decision to release him, it was not implemented, and his detention continued in a narrow and unclean cell without the minimum necessities of life. Moreover, he was exposed to verbal abuse, hanging, and sleep deprivation. The interrogators also tried to wage a psychological war on him by using phrases suggesting that they did not intend to release him.They prevented his family and lawyer from visiting him, and he was interrogated almost daily without any legal basis. And without respecting the detainee and dealing with him following human rights agreements to which Palestine is a party.Therefore, the group of Lawyers for Justice calls for an immediate investigation into the conditions of political prisons and the urgent release of all political detainees and ensures their protection and safety. It also appeals to the Attorney General to urgently enforce the law about the implementation of the release decisions issued by the Palestinian judiciary.
Lawyers for Justice demands revealing the fate of political detainee Musa Nazzal
Today, Monday, December 13, 2021, a group of Lawyers for Justice went to the headquarters of the General Intelligence in the city of Qalqilya to proceed with the authorization procedures for the political detainee, Musa Nazzal Al-Sawy. The intelligence informed the group that the Security Committee apprehended the detainee and refused to complete the attorney procedures or allow a visit on the pretext that it “needs approval from the Security Committee”; to do that, the group has to go to National Security Command where the detainee is, as they said.Subsequently, the group headed to the National Security to inquire about the detainee, but the national security denied having him. They even indicated that the general intelligence detained him. This prompted the group to go to the Public Prosecution and inquire about the file of Musa Nazzal. They were surprised that there is no file for his case with the Public Prosecution Office, and he is being held for the seventh consecutive day arbitrarily and illegally.Within this framework, several human rights organizations intervened to find out where “Al-Sawy” is detained, but we have not received any response until now.Therefore, Lawyers for Justice confirms that they will take all necessary legal measures to reveal the fate of Musa Nazzal and his place of detention. They also stress that Nazzal is detained in violation of fair trial guarantees.The group launches an urgent appeal to the Attorney General for immediate intervention to reveal his fate, ensure his safety, and release him immediately.
More than 200 arrests and detentions since May 2021
The escalation of arrest campaigns carried out by the security services in the occupied West Bank governorates since the beginning of last October reflects the deterioration of the human rights situation in Palestine. The group has documented dozens of arrests of citizens and activists on various backgrounds because of their political affiliation or the exercise of freedom of opinion and expression.While the number of detainees, between those arrested or released since mid-May last, has so far exceeded nearly two hundred arrests;these numbers are the worst in years in the human rights record in the Palestinian Authority security-controlled areas. The group’s documentation indicates that most of these arrests were without presenting an arrest or search warrant issued by the competent authorities represented by the Public Prosecution Authority. Once these arrests are carried out, the procedures for legalizing them will begin with competent prosecutions. This is to provide more space that allows the investigative authorities of the security services to take over the powers of the Public Prosecution Office. And to prolong detention periods which have often become a tool of punishment in the hands of the security services against political and opinion activists.The group also observed unjustified violent behavior often practiced against activists during arrest, along with force and miss-treatment.Lawyers for Justice warns against the continuation of these illegal campaigns and stresses that the Public Prosecution office must take a strict stance towards these behaviors that gives a discourse that justifies these grave violations of the human rights situation, it also calls for the immediate release of all detainees and the closure of political detention prisons.
A statement issued by Lawyers for Justice about the suppression of freedom of political action in the city of Bethlehem
A Lawyers for Justice group followed the photos and clips from the funeral of the martyr Amjad Abu Sultan in Bethlehem, where security individuals in civilian clothes appeared to suppress the funeral participants from different political parties.The group monitored the security forces’ practice of suppressing freedom of political action, which violates Article (26) of the Palestinian Basic Law. That states that Palestinians have the right to participate in political life either individually or as groups. They also have the right to hold private meetings without the presence of police personnel and hold public meetings and processions Gatherings within the limits of the law.In addition, suppressing the freedom of political action, lowering the banners of Palestinian factions and parties, insulting them, and assaulting their advocates is inconsistent with Presidential Decree No. (5) of 2021. That stipulates in Article (1) the enforcement of environments of public freedoms in all the territories of the State of Palestine, including the freedom of political and national action, in accordance with the provisions of the Basic Law and relevant laws.Accordingly, Lawyers for Justice condemns the suppression of freedoms, the prosecution of activists and citizens on the basis of their political affiliation, and renews the call to guarantee freedom of opinion and expression, and guarantee freedom of political affiliation, work, and political participation guaranteed by the Basic Law and human rights agreements to which Palestine is a party.
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 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.