Palestine
05.04.01
Urgent Interventions
Palestine: lawyer arrested and held incommunicado
Case PAL 050401
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Palestinian Autonomous Areas.
Brief description of the situation
The International Secretariat of OMCT has been informed by LAW, the Palestinian Society for the Protection of Human Rights and the Environment, a member of the OMCT network, that lawyer Nasir Al Rafa’ee has been arrested on 24 March 2001, and held incommunicado by the Palestinian Military Intelligence Service in the Palestinian Autonomous Areas since this date.
According to the information received, the Palestinian Military Intelligence Service arrested lawyer Nasir Al Rafa'ee at a court in the West Bank town of Ramallah, on 24 March 2001, and he is now being held incommunicado at the Ramallah Military Intelligence headquarters, where he is thought to have undergone interrogation. Since his arrest, Mr. Al Rafa'ee has been refused access to legal counsel, his family or medical care. Mr. Al Rafa'ee suffers from a stomach ulcer and spinal problems. It is reported that LAW’s lawyers have attempted to visit Mr. Al Rafa’ee on three consecutive days (31st March to 2nd April 2001) but were denied access to the detainee each time
OMCT is gravely concerned with Mr. Al Rafa'ee's physical and psychological integrity. Mr. Al Rafa'ee's incommunicado detention contravenes Principle 7 of the UN Basic Principles on the Role of Lawyers, which states that "all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention." Furthermore, the law applicable in the West Bank does not authorise the Military Intelligence Service to arrest civilians who are not members of the security services.
Action requested
Please write to the authorities in Palestine Autonomous Areas urging them to:
1. take all necessary measures to guarantee Mr. Al Rafa’ee’s physical and psychological integrity;
2. ensure his immediate access to legal counsel, medical care and familiy visits;
3. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent civil tribunal and guarantee due process of law at all times;
4. guarantee the respect of human rights and the fundamental freedoms in accordance with Article 2 of the Interim Association Agreement concluded with the European Union, within the framework of the Barcelona Process;
5. guarantee the respect of human rights and the fundamental freedoms in accordance with international human rights standards.
Addresses
President Yasser Arafat, Palestinian Authority, Al-Muntada, Gaza, Fax: 00 972 7 282 2365
Mr. Freih Abu Meddein, Minister of Justice, Ministry of Justice, Abu Khadra Building, Omar El Mukhtar Street, Gaza, Fax: 00 972 7 286 7109
Mr. Khaled Al-Qidreh, Attorney General for the State Security Courts, Police Headquarters, Gaza, Fax: 00 972 7 282 4253
Please also write to the embassies of the Palestine Autonomous Areas in your respective country.
Geneva, April 5, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Palestinian Autonomous Areas.
Brief description of the situation
The International Secretariat of OMCT has been informed by LAW, the Palestinian Society for the Protection of Human Rights and the Environment, a member of the OMCT network, that lawyer Nasir Al Rafa’ee has been arrested on 24 March 2001, and held incommunicado by the Palestinian Military Intelligence Service in the Palestinian Autonomous Areas since this date.
According to the information received, the Palestinian Military Intelligence Service arrested lawyer Nasir Al Rafa'ee at a court in the West Bank town of Ramallah, on 24 March 2001, and he is now being held incommunicado at the Ramallah Military Intelligence headquarters, where he is thought to have undergone interrogation. Since his arrest, Mr. Al Rafa'ee has been refused access to legal counsel, his family or medical care. Mr. Al Rafa'ee suffers from a stomach ulcer and spinal problems. It is reported that LAW’s lawyers have attempted to visit Mr. Al Rafa’ee on three consecutive days (31st March to 2nd April 2001) but were denied access to the detainee each time
OMCT is gravely concerned with Mr. Al Rafa'ee's physical and psychological integrity. Mr. Al Rafa'ee's incommunicado detention contravenes Principle 7 of the UN Basic Principles on the Role of Lawyers, which states that "all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention." Furthermore, the law applicable in the West Bank does not authorise the Military Intelligence Service to arrest civilians who are not members of the security services.
Action requested
Please write to the authorities in Palestine Autonomous Areas urging them to:
1. take all necessary measures to guarantee Mr. Al Rafa’ee’s physical and psychological integrity;
2. ensure his immediate access to legal counsel, medical care and familiy visits;
3. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent civil tribunal and guarantee due process of law at all times;
4. guarantee the respect of human rights and the fundamental freedoms in accordance with Article 2 of the Interim Association Agreement concluded with the European Union, within the framework of the Barcelona Process;
5. guarantee the respect of human rights and the fundamental freedoms in accordance with international human rights standards.
Addresses
President Yasser Arafat, Palestinian Authority, Al-Muntada, Gaza, Fax: 00 972 7 282 2365
Mr. Freih Abu Meddein, Minister of Justice, Ministry of Justice, Abu Khadra Building, Omar El Mukhtar Street, Gaza, Fax: 00 972 7 286 7109
Mr. Khaled Al-Qidreh, Attorney General for the State Security Courts, Police Headquarters, Gaza, Fax: 00 972 7 282 4253
Please also write to the embassies of the Palestine Autonomous Areas in your respective country.
Geneva, April 5, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.