-Caveat Lector-

-------- Original Message --------
Subject: Palestinian Authority: Justice must not be discarded
Date: Thu, 8 Nov 2001 06:14:11 -0600 (CST)
From: ainews <[EMAIL PROTECTED]>
Organization: ?
To: undisclosed-recipients:;

* News Release Issued by the International Secretariat of Amnesty
International *

8 November 2001 MDE 21/023/2001 197/01

Amnesty International expressed concern at the Palestinian Authority=s
detention without legal safeguards of alleged members of the Popular
Front for the Liberation of Palestine (PFLP) and Islamic Jihad.

AThe Palestinian authority must respect the 7 November judgement
of the Palestinian High Court of Justice ordering the immediate
release of attorney Yunis al-Jarru and Dr Rabah Muhanna,@ said
Amnesty International.

After the assassination in Jerusalem of Israeli Tourism Minister
Rehavam Ze'evi by members of the PFLP on 17 October 2001 more than
60 suspected members of the PFLP were arrested.

Attorney Yunis al-Jarru, a former deputy head of the Palestinian
Bar Association in Gaza, and Dr Rabah Muhanna, the Gaza Director
of the Union of Health Work Committees, were arrested on 18 October.
On 27 October 2001 the Palestinian Centre for Human Rights brought
the cases of attorney al-Jarru and Dr Muhanna before the Palestinian
High Court of Justice which ordered the prosecutor to explain the
causes of their arrest. On 4 November the Palestinian Attorney
General, Khaled al-Qidreh, stated that they were detained under
the jurisdiction of the State Security Courts, charged with damaging
the interests of the state. The Palestinian High Court of Justice
on 7 November rejected this argument and ordered their immediate
release.

AThe Palestinian Authority has a duty to maintain the rule of law
and should not continue to hold those whose detention has been
declared illegal,@ said Amnesty International.

About 30 suspected PFLP members detained in the West Bank have been
released; more than 30 others  arrested in Gaza and Ramallah after
18  October remain detained.

ADetainees have not been properly charged, legal safeguards have
been ignored and many detainees have had no access to their families,@
said Amnesty International. AIt is important that all those arrested
be treated with full respect for their rights under Palestinian
law and international standards.@

Amnesty International expressed concern at the Attorney General=s
transfer of cases to the jurisdiction of the State Security Courts.
ATrials before the State Security Courts, which are almost invariably
before judges from the security services, are summary and grossly
unfair,@ the organization said. "The presumption of innocence and
the rights of the defence are consistently negated in these trials.@

Amnesty International also voiced its concern at the Palestinian
Authority=s imposition of administrative detention orders of one
year or six months on five alleged members of Islamic Jihad. The
organization stressed that the Palestinian Authority should fulfil
its obligation not to allow impunity for those who commit recognizably
criminal acts. AIndividuals involved in the murder of civilians
should be brought to justice and punished, but this must be done
while respecting the right to fair trial,@ the organization said.

It is not known what is the legal basis of the administrative
detention orders, signed by the Chief of Police, as Palestinian
law, including the 2001 Criminal Procedure Code, does not mention
administrative detention.

AIt is a fundamental safeguard against arbitrary detention that
the state should be able to provide the evidence to justify detention
and that the detainee should have the right to have access to and
challenge this evidence with the assistance of a lawyer,@ said
Amnesty International. AFor years human rights organizations have
been working to end Israel=s use of administrative detention. We
are shocked that the Palestinian Authority should now arbitrarily
introduce this flawed and unjust system.@

The United Nations Working Group on Arbitrary Detention has in the
past condemned Israel=s use of administrative detention in the
Occupied Territories saying that Aindividual liberty cannot be
sacrificed for the government=s inability to collect evidence or
to present it in an appropriate form@.

Background Hundreds of Palestinian detainees from Islamist and
leftist political groups which oppose the peace process were held
in prison in the Palestinian Authority=s areas for months or years
between 1995 and October 2000 outside the framework of Palestinian
law.  Most were released in October 2000 at the beginning of the
current intifada
. Their detention, and the detention of those arrested in the
past month, is linked to pressure from Israel and the international
community to arrest  those involved in violent attacks.

The Palestinian Authority also detains up to 500 A security@
prisoners, apparently held on suspicion of collaborating with the
Israeli authorities or selling land to Jews. Some have been held
for up to seven years without charge or trial and most were tortured
immediately after arrest. Only a handful have ever been brought to
trial, in unfair trials before the State Security Courts.

Amnesty International has consistently called on the Palestinian
Authority to release all prisoners of conscience, held for their
beliefs who have never used nor advocated violence. Other political
detainees should be tried promptly and fairly before courts capable
of offering guarantees for fair trials conducted in accordance with
international standards;

otherwise they, too, should be released.

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