Annual Report - Palestinian Center for Human Rights

Illegal Arrests
Illegal detention, including politically motivated detentions, have constituted one of
the main human rights violations perpetrated by the PNA since its establishment in
1994. This type of violation includes all arrests and detentions against citizens, which
are carried out in violation of the law. It includes arrests without prior judicial notice
and detention in violation of court decisions stipulating release of detainees. PCHR
views these illegal detentions as a flagrant violation of Palestinian law, including the
Basic Law and Penal Code, and a violation of human rights principles, especially the
Convention on Civil and Political Rights.
PCHR has monitored the illegal detention file since its establishment in 1995.
Hundreds of illegal detention cases against Palestinian civilians have been
documented. The Centre provided legal assistance to these cases and represented
them in Palestinian courts. Throughout 2005, illegal detentions continued,
particularly political arrests, although at a somewhat lower rate than in previous years.
PCHR does not have accurate information as to the number of political detainees
currently in PNA jails. However, estimates indicate that more than 50 Palestinian
political prisoners are detained by the PNA. In the majority of these cases, these
civilians are being held under different pretexts and without due legal process,
without charges filed against them and without trial. In addition, some of these
detainees have been subjected to torture while in detention.
PCHR received statements from Palestinian civilians who have confirmed that they
were subjected to torture during their detention in PNA jails. For example, 2
Palestinians detained on 3 October 2005 by Palestinian security were subjected to
severe beatings with guns and were forced to stand for prolonged periods. 45 One of
them sustained severe wounds all over his body as a result of beatings endured.
The illegal detention of civilians continued despite dozens of court decisions over the
past few years, issued by the Palestinian High of Justice, demanding their release. In
most cases, the executive authority disregards these decisions, violating Palestinian
law, international standards and conventions outlawing illegal detention.
The Secretary-General of the Popular Front for the Liberation of Palestine, Ahmad
Sa’dat, is still detained today. He is the most notable example of the executive
authority’s disregard of the decisions of Palestinian courts. On 3 June 2002, the
Palestinian High Court of Justice issued a decision to release Sa’dat after it was
established that his arrest on 15 January 2002 and subsequent detention in Jericho
were illegal, and violate Palestinian law. Despite this decision, the executive
authority refuses to release Sa’dat for various unfounded reasons.
PCHR condemns the continued illegal detention of Sa’dat and scores of other
civilians in PNA prisons. These detentions violate Palestinian law, international
standards and conventions on human rights. The Centre calls upon the executive
authority to respect the decisions of Palestinian courts and to implement them
45 The detention took place against the backdrop of clashes between Palestinian security forces and
armed Hamas members in Gaza City on 2 October 2005. For more information, refer to the Center’s
press release dated 3 October 2005.
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