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The
Judicial System:
The
High Court of Justice:
The Judicial
Authority is the main measure in determining the law in a state. In
democratic countries, the judicial system is the most powerful authority,
and the executive and legislative authorities submit to it. In Palestine
on the other hand, the judicial system is the weakest authority among the
three. In addition to the poor standing of the courts, due to the lack of
employees, the low salary of judges, and potential deficiency, the
decisions made by the courts are not final, and on many occasions, never
executed. Following are some of the decisions of the High Court of Justice
that were never executed.
Unexecuted
decisions
- The case of Ghassan
Addassi
On 6
October 1998, the Palestinian High Court of Justice released a
decision to free detainee Ghassan al-Addassi (19, Birzeit university
student from Ramallah). Al-Addassi was arrested by the PSS on 29 March
1998 a few hours after the assassination of one of the military
leaders of Hamas, Mohyi Eddine Al-Sharif. Al-Addassi was accused of
taking part in the assassination. The PNA announced that al-Addassi
confessed willingly, without being pressured or tortured, to the full
details of the assassination of al-Sharif. However, a letter that was
distributed in the West Bank and Gaza Strip, with Addassi’s signature,
denied the PNA’s announcement, and testified to his innocence. One
sentence in the letter stated: “let everyone know that I did not know
about the assassination of al-Sharif, and I did not take part in it,
as the investigators claim.”
After
several hearings, the court that was held in Ramallah on 6 October
1998, headed by Judge Sami Sarsour, released a decision to free
Addassi due to the illegality of the measures that were followed
during his detention, violating Articles 100 and 103 from the Court
Penal Sentences number 9 for 1961.
On 22
April 1998, LAW organization presented a petition before the High
Court of Justice in Ramallah, to make a decision, forcing the Minister
of Justice and the Public Prosecutor, to release defendants Imad
Awadallah and Addassi. On 15 August 1998, Awadallah escaped from PSS
detention center in Ramallah. He and his brother Adel were killed by
the Israelis in Hebron on 10 September 1998. Until today, the court
has not made a decision.
- The case of Marwan
Juma’a Abu Moussa:
On 19
September 1998, the High Court of Justice made a decision to the
immediate release of citizen Marwan Abu Moussa (married, from
al-Bireh), after recognizing the illegality of his detention. Abu
Moussa is still in the PSS detention center. He was arrested on 2
April 1998 during a series of arrests that followed the assassination
of Mohyi Eddine al-Sharif. The security forces had no warrant to
arrest him, and he never appeared before the public prosecutor.
Through its attorneys, the Jerusalem Center for Legal Advice filed a
petition at the High Court of Justice demanding the immediate release
of Abu Moussa due to the illegality of his continuous arrest. Several
times, the attorneys tried to obtain a permit to visit the detainee to
check on his prison conditions. They were nor successful. This
situation forced these attorneys to go to court with Abu Moussa’s
wife.
- Dr. Rantissi:
On 4 June
1998, the High Court of Justice released a decision to free Hamas
spokesman Dr. Abdulaziz al-Rantissi. Prior to that, on 27 May 1998,
the court had ruled the Public Prosecution had one last chance, until
4 June 1998, to present proof for reasons leading to the arrest, but
the PP did not submit any legal justification to keep Rantissi in
Jail. During the court hearings, the PP representative said: “no one
consulted me, and no one told me about Rantissi’s arrest. How are you
asking me to present the court with justifications to keep him in
detention?”
Al-Rantissi was arrested on 9 April 1998 by the Palestinian police in
Gaza, following an interview with him that was published in the
Jerusalem Post. In the interview, al-Rantissi accused the PSS of being
in charge of al-Sharif assassination. It was discovered later, after
the PSS obtained a recording of the interview from one of the Arab
journalists who found that the statements made by al-Rantissi were
fabricated.
The
Palestinian Center for Human Rights filed a petition to the High Court
of Justice to immediately release al-Rantissi due to the illegality of
his arrest. After that, a court hearing was held, headed by consultant
Jamil al-Ishi, as well as Muhammad Subuh and Fayez al-Qidreh.
Brigadier
Gazi al-Jabali said that the decision was taken by the High Court of
Justice calling on the release of al-Rantissi, is false because his
arrest was on the background of administrative measures and not
according to judicial measures. Representative of the Palestinian
Lawyers Abdulrahman Abu al-Nassr, commented on these claims and said
that al-Jabali’s statements are not legally supported. According to
Palestinian laws, nothing gives Jabali the right
to take
such measures, said Abu al-Nassr. Furthermore, Jabali as head of
police, does not have the rights a judge has. The rights of a police
chief are limited to taking orders from the President and the Public
Prosecution office to execute the appropriate measures. (Al-Quds
newspaper: 6 July 1998, Page 3)
- The Council at
Ya’abad Municipality:
On 6
January 1998, the High Court of Justice in Ramallah decided to cancel
the decision to dismiss engineer Bassam Ahmad Ghanem from his job as
head of the engineering department in the municipality of Ya’abad.
Ghanem was fired on 26 January 97 by the municipality committee
(established by the local rule), without prior notice, and without any
legal or personal violations in his file. On 25 March 1997, Ghanem’s
lawyer brought the case to the High Court of Justice. The latter
released an introductory decision asking the committee’s lawyer to
bring the proofs against Ghanem, but did not cancel the decision to
dismiss him.
Ghanem
was assigned his position by the committee on 11 February 1990. He
worked for a whole year without a salary, according to his work
contract. After that year, he was an official employee earning 400 NIS
a month ($100 US).
The
committee did not respect the decision made by the High Court, and did
not allow Ghanem to go back to work. Prior to the decision, the
Ministry of local rule sent a letter to the committee at Ya’abud
municipality expressing their refusal of the decision to fire Ghanem.
The head of the committee however, said that he refused to abide by
the rules of the Ministry, claiming that it was a principle of his.
- Gaza municipality
bulldozers refuse to abide by the rules of the municipality:
On 4
October 1998, the High court of Justice in Gaza released an order to
ban the bulldozing of homes belonging to citizen Jamal al-Thalathini.
This order was released one day prior to the bulldozing. When
al-Thalathini tried to object to the illegal behavior of the
municipality, he was attacked by the Military Intelligence (MI), who
beat him up severely. He lost consciousness and was taken to al-Shifa
hospital in Gaza, suffering from wounds in his head, nose, ear, chest,
and back. While al-Thalathini was in the hospital for treatment, his
family was left without a home.
- The Ministry of
Education in Hebron refuses to abide by court decision:
On 11
June 1998, the High Court of Justice released a decision to return
Suad Abdulfattah Hussein Tibbiyeh from Yatta, to her work as head
mistress at the Yatta high school for girls. On 3 September 1998, the
director of the Ministry of Education for south Hebron, Khalil
al-Tamizi, sent a letter to Ms. Tibbiyeh approving her return to the
school.
On 8
September 1998, the High Court released a decision to return teacher
Ismai’il Moussa Muhammad Abu Arram to his work, but the Ministry of
Education, although it received the decision, is still postponing its
execution. On 16 August 1997, the Committee of Ministers, according to
a recommendation from the Ministry of Education, decided to trick a
number of teachers in the West Bank into resigning.
The High
Court of Justice refuses to look into cases dealt with in the State
Security Court:
The High
Court of Justice believes that it is not its job to look into cases dealt
with by the State Security Court. This is a very serious problem because
the former is the highest ranking judicial authority, and if it cannot
deal with cases handled by the latter, then this means that the executive
authority that deals with the security of the state, is the highest
ranking authority rather than the judicial one. This also means that the
PNA and the Palestinian State form a police state and not a legal and
democratic one. Thus, a person who is not given his rights at the State
Security Court has no where to turn. Following are two petitions presented
to the High Court of Justice in 1998, and refused by that court because
their decisions were taken in the State Security Court.
- Ibrahim al-Halabi:
The High
Court of Justice released a decision not to respond to the request
presented by defendant Ibrahim Ismai’il Taha al-Halabi who has been
held by the GI in Gaza since April 1997, because he was tried at the
State Security Court. The High Court of Justice sees itself not
responsible of cases dealt with in the State Security Court. The
hearing of the latter was held inside the defendant’s cell on 29 May
1998, and no charges were pressed against him. His detention however,
was extended to 15 additional days.
Al-Halabi
was arrested on 7 April 1997, after his brother Ramez was arrested for
taking part in the operations that took place near Mitzarim and Kfar
Drome settlements in Gaza on 1 April 1997. At first, the interrogation
with Ibrahim was over information about his brother, then it turned to
his own involvement with the Israeli Intelligence. The interrogation
about the involvement followed a letter that was sent to the GI from a
detainee belonging to the Islamic Jihad, who was arrested during a
series of arrests conducted by the PNA following the two explosions in
Gaza. The letter contained information about an interrogation that
took place at the Negev prison with one of the collaborators for
Israel, who was killed later on. The letter stated that a man named
Ibrahim was among those working for the Israeli intelligence. The
Israeli interrogator gave the name of Ibrahim al-Halabi.
After the
severe torture that Ibrahim and his brother suffered from the GI, they
falsely confessed that the Israeli intelligence asked them to execute
the two operations.
On 4 May
1997, Ibrahim was forced to speak during a press conference and
announce that he was involved with the Israeli intelligence for 15
years, and that the latter asked him to execute the two operations.
“The night of the press conference, I met with Brigadier al-Khaldi,
al-Habbash, Abu Rajab, Brigadier Muhammad al-Massri, al-Tayyeb Abdul
Rahim, and Hasan al-Kashef. They started discussing the press
conference with me. I refused the whole idea and told them that I
would rather be sentenced to 15-20 years in prison. The argument
dragged on until late at night. In the end, al-Tayyeb stood up and
said that the conference will take place the next day at 11 whether I
liked it or not. From that moment, I was in mental shock, and I could
not feel a thing during the conference and even when I read the
newspapers the next day. Knowing the tragedy that befell me, I was
reading the newspaper, and looking at my picture as if I was reading
some story. That same day, al-Massri came and said to me that the
truth finally came out. I told him that what I said was not the truth.
He threatened me not to expose that it was a lie.
(From a
letter sent by Ibrahim to his family during the last week of September
1998)
the PSS
arrested those who actually executed the operation and they confessed.
However, Ibrahim is still in prison. He refuses to be released because
the PNA wants to exile him to Syria, so that he would still appear as
a traitor to his country.
- Dr. Ibrahim
al-Maqadmeh:
On 20
June 1998, the High Court of Justice in Gaza decided to reject the
evidence on the arrest of Dr. Ibrahim al-Maqadmeh, one of the leaders
of Hamas. This was after the Public Prosecution office announced that
his arrest was made according to legal measures since he was being
held by an order from the State Security Court. Al-Maqadmeh was
charged with provoking and conspiring to commit a crime.
In the
hearing that was held on 4 June 1998, the High Court of Justice
released a decision, making 20 June 1998 the last chance for the PP
office to reply to the case of al-Maqadmeh or it would be considered a
failure.
Al-Maqadmeh’s arrest was extended
without having an official order for the extension. He is still in prison
until today.
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