Lawyers for Justice monthly report, November 2019

by | Dec 8, 2019 | Front page, Reports

About Lawyers for Justice:

The idea of ​​a group of lawyers for justice was launched in Palestine in 2011, with the vision of a number of human rights lawyers, after the emergence of the need for a new independent legal body to defend the prisoners of conscience, in light of the widespread repression of the security services, which took place in peaceful demonstrations. Demands an end to the division; in 15/3/2019
In 2018, the idea was transformed into the office of Lawyers for Justice, headquartered in Ramallah, to operate throughout the West Bank, with the participation of lawyers from all legal backgrounds, active in the field of human rights, and legally followed hundreds of political arrests, Issues of freedom of opinion and expression, and issues of journalists and human rights defenders.

Contributions from the Lawyers for Justice group to monitor and document the Palestinian human rights situation. This monthly report is issued on cases that you follow on political, trade union, or freedom of opinion and expression, cases pursued through the courts, or urgent appeals on human rights cases. .

The following are the highlights of the Group during November 2019:

  • In November, Lawyers for Justice followed up on 17 arrests for political, trade union or freedom of expression arrests, 13 of whom were released and 4 continued.
  • During November, four detainees raised allegations of torture and ill-treatment before the Public Prosecution.
  • In November, 7 university students were arrested.
  • The group appeared before the court and prosecutor, the arrested university student (MN), who has been detained since last February, while the release of (THH), who was arrested in October 2019.
  • The group recorded one case of non-enforcement of court decisions to release one detainee during November.(HM) presented the day after his release to the Public Prosecution, which charged him with a new charge and suspended him accordingly, without applying the release order.
  • The group recorded a six-day detention of a university student (MA) pending the governor of Tulkarm without being brought before any judicial authority.
  • The lawyers and professors of the group followed nearly 25 court hearings in trade union cases, freedom of opinion and expression, political detention or human rights defenders;
  • The group obtained the journalist’s innocence (MA) on 27/11/2019, in two cases; for insufficient evidence, he was arrested on 14/10/2019, and was charged in the first case with collecting and receiving funds from illegal associations, where he reported that those the money is his salary for his journalistic work, and in the second case was accused of possessing weapons where he denied the charges.
  • Attorneys for Justice attended the first session of the trial of the late Esraa Gharib, as part of the legal supervision of fair trial guarantees, and issued a statement of its proceedings, calling on the group to continue to proceed with the proceedings in the open manner in which the first hearing took place.

Lawyers for Justice expresses concern about allegations of torture and ill-treatment by a number of political detainees, and calls upon the Attorney General to investigate these allegations; in compliance with Palestinian law and international treaties and treaties signed by the State of Palestine, and sometimes rejects unusual measures; which not allow to have a copy of the clients’ files and not allowed the team members to visit their clients especially in the General Intelligence Service in Ramallah.
Lawyers for Justice reports that it has issued 19 press releases and an urgent appeal in several of the cases detailed in this report below.
* Recommendations at the end of the report.

Details of the Group’s work and issues it followed during November 2019:

Detention on political or trade union grounds or freedom of opinion and expression:

  1. 3/11/2019 University student (NN) resident of Ni’lin / Ramallah; arrested by the General Intelligence Service and presented to the Public Prosecution on 5/11/2019 on charges of collecting and receiving funds from illegal associations and extending his detention for 24 hours. On 6/11/2019, he was presented to the Ramallah Magistrate’s Court and his detention extended for 15 days. He was released before the expiry period. He was interrogated before the General Intelligence Service about his trade union activity, and the charge against him from the Public Prosecution was only The purpose of the extension of his arrest, “according to what was raised in front of the group’s lawyer,” and raised (ai) Allegations of torture and ill-treatment, as reported that the first day of his arrest at the General Intelligence hit the investigator on his face, and hit by a security man on his face.
  2. Arrested by the Preventive Security Agency (PA) in Nablus; he was brought before the prosecution and the court on 10/11/2019 and charged with collecting and receiving funds from illegal associations, and his detention was extended for 15 days. He was released from occupation prisons and was arrested more than once by the Palestinian security services in connection with his activities as a cartoonist. He was active during the prisoners’ hunger strike background of his political activity.
  3. 7/11/2019 Arrested university student (m.kh) resident of Sa’ir / Hebron; by the General Intelligence Service, the detainee was charged with collecting and receiving money from illegal associations and obtained a release order on 14/11/2019 on bail, but The decision was not implemented, and was again presented to the Public Prosecution for another charge of possession of weapons. He is still detained on this charge. He told the group’s lawyer that his interrogation was due to his political activism inside the university.
  4. 12/11/2019 Al-Bireh university student (NT) was arrested by the General Intelligence Service and released after hours of interrogation. After his release, he told the group’s lawyer that his interrogation was about the suspicion that he and his family were political activists in Ramallah City.
  5. 12/11/2019 a university student (AH) resident of Ramallah; was arrested by the General Intelligence Service, he was released after hours of investigation, after his release he talked to the group’s lawyer that his interrogation was about suspicion of political activity.
  6. 15/11/2019 The arrest of the university student (AH) resident of al-Bireh; by the General Intelligence Service, was presented to the Public Prosecution on 17/11/2019 and his detention was extended for 24 hours and during the prosecution session raised allegations of torture and miss-treatment, where He appeared with an injured hand, and scratches appeared on his face, and reported that he was placed in a closet called “refrigerator”, and charged with collecting and receiving money from illegal associations, note that the investigation with the intelligence focused on his trade union work at Birzeit University, and was transferred to court Ramallah was reconciled on 18/11/2019 and his detention was extended for three days, and the court agreed on 20/11/2019 to release him.
  7. 17/11/2019 The arrest of (SD) from his work place in Yatta / Hebron, by the General Intelligence Service, and his vehicle was confiscated, on the charge of collecting and receiving funds from illegal associations, on 19/11/2019 his detention was extended to 9 On 27/11/2019, his detention was extended for 15 days and he remains in detention. He told the group’s lawyer that his interrogation was about his political activity.
  8. 18/11/2019 A resident of Jenin refugee camp was arrested and transferred to the security committee in Jericho on charges of possession and manufacture of weapons. He was released from the Jericho Magistrate Court on 1/12/2019 on a personal bail of 1000 dinars. The Public Prosecution submitted an application for reconsideration, which was extended for 7 days, and is still in detention. Ms. Diala Ayesh went to the headquarters of the security committee in Jericho on 24/11/2019, and was allowed to meet the detainee without being allowed to obtain his statement and sit alone with him without the presence of elements. a wish .
  9. 18/11/2019 (BC) resident of Jenin camp arrested on charges of possession of weapons, and is currently detained by the General Intelligence Service in Jericho, and raised (BC) before the prosecution beaten and ill-treatment, and is still detained. Ms. Diala Ayesh went to the General Intelligence headquarters in Jericho on 24/11/2019, and was allowed to meet the detainee. When asked if he was tortured or miss-treated, the detainee was immediately withdrawn by the security forces and prevented from answering the question. According to Ms. Diala Ayesh, the legal advisor told the security agents: “Come and kick her out.”
  10. 18/11/2019 Detained prisoner (MZ) resident from Deir Abu Mash’al / Ramallah working in the Anti-Corruption Commission; by the General Intelligence Service, and on 19/11/2019 his detention was extended by the Public Prosecution for 48 hours on (MZ) raised allegations of torture and miss-treatment. He told the prosecution that he had been tortured, by tiding his hands behind his back, and was tied to a rope and lifted from the top for half an hour, after which his eyes were closed and placed in a closet of one meter. In approximately one meter, he was not provided with food, was not allowed to go to the toilet, and on 21/11/2019 he was brought before the Ramallah Magistrate’s Court and his detention was extended for 15 days. In the history of 11/25/2019 Court agreed to a request to release him on bail. In his testimony to Lawyers for Justice, he said that his interrogation with the GID was about his political activity and that he was threatened with his dismissal as a civil servant and that the charge against him before the prosecution was only for the purpose of extending his detention.
  11. 19/11/2019 Arrested for hours (ZS), after being called for interrogation, he is from Kafr Rai, Jenin District, after his release he told the group’s lawyer that the interrogation was about his political views.
  12. He was released on the same day and returned to the investigation on 25/11/2019 and arrested again until 30/11/2019 on 19/11/2019. The governor of Tulkarm, without being brought before any judicial authority, was interrogated against the background of his trade union work at Palestine Technical University- Khadouri.
  13. 21/11/2019 the university student (H) was arrested after being summoned for questioning. He was released after hours of investigation about his union activity inside Birzeit University.
  14. 24/11/2019 (YK) resident of Beit Furik / Nablus arrested after being summoned by Nablus police for freedom of opinion and expression after filing complaints against him for leaflets in which he accused a municipality of corruption. On 25/11/2019, he was presented to the Nablus District Prosecution and interrogated on charges of defamation. The prosecution decided to keep him free to guarantee his place of residence and his defense team pledged to bring him on request.
  15. 26/11/2019 (MH) resident of Beit Sira / Ramallah; arrested by the General Intelligence Service, presented to the prosecution on 27/11/2019 and decided to extend his detention for 24 hours, and charged with collecting and receiving funds from non-governmental organizations On 28/11/2019, the Ramallah Magistrate Court extended his detention for 15 days, and he was released on 4/12/2019. The group submitted a request to the Chief Prosecutor in Ramallah for the purpose of allowing her to visit him, but received no reply before his release. He told his lawyer during his meeting with the prosecution that the investigation revolves around his political views.
  16. 26/11/2019 A resident of Hebron was arrested by the General Intelligence Service and released on the same day after hours of investigation.
  17. 26/11/2019 A resident of Hebron was arrested by the General Intelligence Service and released on the same day after hours of investigation.

Details of the courts attended by the Lawyers for Justice team (other than the hearings of the above-mentioned detainees):

  1. On 3/11/2019, a session of the Ramallah Criminal Court for ex-detainees (FG) and (MCH) on the charge of carrying out terrorist acts, and adjourned to 14/1/2020, held more than twenty sessions to try them on the charges However, the prosecution did not present any evidence against them until the date of the last hearing.
  2. 13/11/2019 A hearing of the High Court of Justice to hear the appeal filed by Lawyers for Justice, an opposition request for unlawful incarceration against the head of the General Intelligence Service, the Director of Intelligence in Hebron Governorate, and the Governor of Hebron Governorate , The Attorney General, where he was detained pending the governor.
  3. 5/11/2019 A hearing for the Qalqilya Magistrate Court for the released prisoner (AP), was detained on charges of inciting racial strife by the police and the Preventive Security Service and the hearing was postponed until 9/12/2019, it is stated that she was released for the second time in The Israeli occupation forces arrested her on 24/7/2019 and transferred her to administrative detention without charge.
  4. 17/11/2019 A hearing for the former Hebron Magistrate’s Court on the grounds of freedom of opinion and expression (AR), where he faces charges of prolonging the tongue on high shrines, inciting racial strife, and publishing what affects the state’s public order in case of emergency on the internet, based on the law E-crimes, and adjourned until 9/1/2020.
  5. 20/11/2019 A hearing for the Nablus Magistrate Court for the former detainee (AA), on charges of defamation against the PA, and possession of a firearm, and the file dates back to last year, note that the investigation was against the background of freedom of opinion and expression and political activity, Social networking, the session was adjourned for scrutiny and sentencing on 27/1/2020.
  6. 21/11/2019 A session of the Ramallah Court of First Instance since 25/2/2019 (MN) to consider charges of inciting sectarian strife, affiliation to the Executive Force and armed militias, and the manufacture of explosive materials, knowing that he is a university student at Palestine Technical University- Khadouri He was granted a release order on 16/7/2019 on charges of possession of a weapon, knowing that he had denied the charges, and interrogated him on the background of his political activity.
  7. 24/11/2019 Bethlehem Criminal Court hearing in the case of the late Esraa Gharib, where “Attorneys for Justice” attended the session as a supervisory to ensure fair trial.
  8. 24/11/2019 A hearing of the Halhul Magistrates’ Court for former detainees (NSH), MM and MM, on the basis of their accusations of resisting an employee, “in their testimony to the group’s lawyers, they said that their interrogation was about their political activity.” The prosecution presented its evidence and witnesses were heard.
  9. 27/11/2019 A hearing in Ramallah Magistrate’s Court for the writer (AS) to consider the charge of threatening or insulting by telephone and threatening in a case filed against him by the complainant (A) for signing a statement against normalization. 16/1/2020 To open the pleading and hear the testimony of witnesses.
  10. 27/11/2019 A hearing of the court of Tubas Magistrate for the journalist (MA) to consider the accusation against him, “possession and trade in weapons”, and the court decided to declare his innocence for lack of evidence, and the prosecution had submitted no evidence other than the investigation file, which contained only His statement, which denied the charge, was interrogated against the background of his journalistic work.
  11. 27/11/2019 A session of the Tobas Magistrate Court for the journalist (MA) to consider the accusation against him of “collecting and receiving money from illegal associations”, and the court decided to declare his innocence for lack of evidence, and the prosecution had not presented any evidence other than the investigation file He only testified that he denied the accusation, and confirmed that the money is the salaries for his journalistic work, and was interrogated against the background of his journalistic work.
  12. 28/11/2019 A hearing for the Ramallah Magistrate Court for the former detainee (YD), who was detained by the Preventive Security on the charge of collecting and receiving funds, and the court session was postponed because the witness of the prosecution was not present.
  13. 28/11/2019 A court session in Ramallah for the detainee (SA), and his detention was extended for nine days, where he was detained by the Preventive Security, for his political activity, and was released on 28/11/2019 after the submission of “Lawyers for Justice “asked for his release.

Urgent statements and appeals by Lawyers for Justice:

  1. 6/11/2019 A statement issued by “Lawyers for Justice” regarding the prosecution of the lawyer Muhannad Karajeh.
  2. 11/11/2019 A statement issued by “Lawyers for Justice” on its participation in the meeting of lawyers in the Middle East and North Africa, despite the occupation prevented the lawyer Muhannad Karajah from traveling.
  3. 13/11/2019 Urgent appeal to “Lawyers for Justice” regarding the released prisoners who’s are not getting paid.
  4. 15/11/2019 A statement issued by “Lawyers for Justice” condemning the occupation forces targeting the journalist and human rights defender Moaz Amarneh while performing his duty and journalistic work.
  5. 17/11/2019 A statement by “Lawyers for Justice” about the detained student Abdul Rahman Hamdan, and his allegations of torture and ill-treatment.
  6. 18/11/2019 A statement issued by “Lawyers for Justice” on the latest developments in the case of political student Abdul Rahman Hamdan.
  7. 18/11/2019 A statement issued by “Lawyers for Justice” regarding the follow-up of the first session in the case of the late Esraa Gharib.
  8. 20/11/2019 Urgent appeal to the Attorney General, and a statement issued by “Lawyers for Justice” in which she announced that she was following with concern the allegations of torture and ill-treatment reported by the detainee Mohammed Zahran before the Public Prosecution.
  9. 22/11/20019 A statement issued by “Lawyers for Justice” regarding the transfer of the occupation to the activist Omar Shaker, director of Human Rights Watch in Palestine.
  10. 24/11/2019 A statement issued by “Lawyers for Justice”, expressing its deep concern over the fact that the activist and human rights defender Yasser Khatatbeh is kept in Nablus police custody on a case related to his activity against corruption .
  11. 25/11/2019 A statement issued by “Lawyers for Justice” about the trial session of Dr. Adel Samara against the background of signing a statement against normalization.
  12. 25/11/2019 A statement issued by “Lawyers for Justice” on the decision to release the detainee Mohammed Zahran, who had raised allegations of torture and ill-treatment.
  13. 25/11/2019 Urgent appeal to “Lawyers for Justice” to implement the decision to release the political detainee Mohammed Zahran.
  14. 25/11/2019 A statement issued by “Lawyers for Justice” demanding the prosecution to save the file of anti-corruption activist Yasser Khatatbeh.
  15. 26/11/2019 A statement issued by “Lawyers for Justice” regarding the attack on freed prisoners whose salaries were cut.
  16. 27/11/2019 A statement issued by “Lawyers for Justice” on the acquittal of the court of Tubas, former journalist and detainee Mahmoud Abu Al-Hassan, from two cases.
  17. 27/11/2019 A statement issued by “Lawyers for Justice” on the postponement of the trial of Dr. Adel Samara to 26/1/2020.
  18. 28/11/2019 A statement issued by “Lawyers for Justice” in which the Palestinian Authority holds full responsibility for the life of the freed prisoners held in the center of Ramallah.
  19. 28/11/2019 A statement issued by “Lawyers for Justice” on the extension of the detention of human rights activist Mounir Hamdan for 15 days.

Recommendations:

  • Open an investigation into allegations of torture and ill-treatment raised by a number of detainees, and record them in the Public Prosecution’s 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 The cruel, inhuman or degrading punishment imposed by the State of Palestine and articles 7, 9 and 10 of the International Covenant on Civil and Political Rights, to which the State of Palestine is a party.
  • Stop pursuing university students for their union activities inside their universities.
  • Allow lawyers to meet all their clients in private without security personnel, and allow them to take their power of attorney.
  • Stop using criminal charges to prosecute political activists, human rights defenders and prisoners of conscience; specific charges such as “collecting and receiving money” and “possession of weapons without a license” are used to cover up the real reason for the arrest.
  • Stop the detention of detainees held by the governors, which is considered an administrative detention without a decision or judicial authorization, where the Palestinian Basic Law affirmed in Article (11/2) that “no one shall be arrested, searched, imprisoned, restricted in his freedom by any restriction or prevented from moving.” By virtue of a judicial order in accordance with the provisions of the law, “and in accordance 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 is a party.