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Dear Friends,
The Palestinian Human Rights
Monitoring Group (PHRMG) is proud to announce the release of
a new book, "Detainees Denied Justice", published
by Kluwer Law International.
REASONS FOR RESEARCHING THE BOOK
This book is the result of a
research undertaken by Gerald Simpson with the PHRMG between
March and July 1999 on the Palestinian Authority's refusal
to implement decisions of its own High Court ordering the
release of illegally detained Palestinian prisoners held in
Palestinian detention centers. A review of the work that had
been completed before 1999 by a number of Palestinian human
rights organizations showed that whilst there was unanimous
agreement that the Palestinian Authority should be held
accountable for its refusal to respect the decisions of its
own judiciary, no analysis of the High Court's approach in
these cases had been undertaken.
CONTENTS OF THE BOOK
The research centered on
translating into English the often obscure judgements of the
Palestinian High Court relating to political prisoners. The
final translations highlighted the need for legal research
to be undertaken in order to mount a criticism of the
Court's approach in these cases. The result of these efforts
forms the essential backbone of the research, contained in
fourteen Annexes.
"Detainees Denied
Justice" contains copies of the translations of the
High Court's judgments in Gaza and in the West Bank
respectively. Each translation is followed by a criticism of
the Court's approach in the particular case. Criticism is
essentially based on the relevant criminal procedural law
applicable in Gaza and the West Bank respectively, whose
English translation is also included in the book. Other
Annexes contain translations of the various further sources
of Palestinian human rights law as well as reference to
international human rights provisions relative to the right
to a fair trial.
The book further contains a
thorough analysis of the provisions in the 1993, 1995 and
1998 Israeli-Palestinian peace agreements related to
security and criminal jurisdiction, to provide the legal
(and political) context for identifying the situation in
which members of the Palestinian Authority find themselves
with regards to the cases reviewed.
Finally, in addition to cases and
applicable legal norms, the book contains interviews with a
High Court judge and two defense lawyers.
CONCLUSIONS AND RECOMMENDATIONS
The research highlighted several
pressing issues. First and foremost it confirmed the problem
of the lack of respect for the rule of law by the
Palestinian Authority and its security forces. Secondly, the
Israeli-Palestinian interim agreements need revising in
order to remove the legal obligation on the Palestinian
Authority to illegally detain Palestinian detainees in its
detention centers if it is to avoid transferring these
detainees to Israel. Thirdly, a breakdown of the cases
showed that there has been a serious failure on the part on
the High Court to respect applicable criminal procedure in
hearing and reviewing detention cases. Fourthly, the
research showed that there is a disturbing lack of
transparency and legal linguistic clarity in the pleadings
to and decisions of the High Court. Finally and importantly,
the book highlights (through its findings) the urgent need
for funding to ensure basic and continued legal training of
Palestinian lawyers and judges.
ORDER NOW!
"Detainees Denied
Justice" can be ordered at the PHRMG for the price of
USD 30.-- per book (postage included). This price only
covers the publishing cost of the book and the postage fees
- the PHRMG is not seeking any profit. Please consult us for
multiple orders. A discount will also be granted for copies
picked up directly in our offices.
Kindly place your orders by sending
a check in payment of the book. Your order will be sent
together with a receipt.
We can be contacted by Postal Mail
at:
PHRMG
P.O. Box 19918
East Jerusalem, 91198
via Israel
By Phone at:
Phone: 972-2-582-3372
Fax: 972-2-582-3385
By E-Mail at:
admin@phrmg.org
Our primary e-mail address |
