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Jerusalem: 07
October , 1997
Was Dr. Fathi
Subuh’s arrest legal or illegal?
Palestinian Judicial Sytem Fails Again
October
6, 1997 - Gaza Supreme Court: In a startling move today, the
Gaza High Court today ruled that it had no jurisdiction over
the case of Dr. Fathi Subuh, the Al-Azhar University
professor arrested last July 2. This is the equivalent of
the United States Supreme Court declaring that it had no
jurisdiction over a special court established by the
President. The court ruled that only the special State
Security Court had any jurisdiction over Dr. Subuh’s case.
The
State Security Courts were established in 1995, and were
welcomed by the United States and Israel as tools for
fighting terrorism. Palestinian and international human
rights groups have denounced the proceedings of the State
Security Court as unjust. Sessions often take place in the
middle of the night without lawyers chosen by the defendants
or family members present. The judges are security officers
with little or no legal qualifications, and directly
responsible to PA President Arafat.
Dr.
Subuh was arrested on July 2 following the administration of
an exam in which questions were asked regarding corruption
within the PA and the university administration. The exam
was part of a class on social problems for teachers in
training. The exams were later confiscated from the
professor’s home by Preventative Security Service agents.
The
continuing detention of Dr. Subuh, who has repeatedly gone
on hunger strike to protest his arrest and the conditions of
his imprisonment, has aroused protest from around the world.
Amnesty International has declared him to be a prisoner of
conscience. Academics from around the world have been
following the case, seen as crucial to the PA’s credibility
on human rights issues.
The
High Court decision throws the ball back to President Arafat
who is now the only possible avenue for Subuh’s release. The
State Security Court does not have an appeal process; only
the President can change the court’s decisions. Dr. Subuh is
facing vague charges related to security that have not been
formalized in a charge sheet and presented to court. Dr.
Subuh was arrested 23 times by the Israeli occupation
authorities before the arrival of the PA.
The
Palestinian Human Rights Monitoring Group denounces the
continued detention of Dr. Fathi Subuh. According to PHRMG
director Bassem Eid who observed today’s court session, “if
this was supposed to be a test of the PA’s commitment to
human rights, then the legal system and Arafat’s regime have
just failed again. I hope that the Palestinian academic
community, students and faculty, realize that it is time to
defend human rights publicly and forcefully.”
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