Palestine
17.02.00
Urgent Interventions

Palestine Autonomous Areas: failure to release prisoner Ali Farraj

Palestine Autonomous Areas: Failure to release prisoner


Case PAL 231198.2
FOLLOW-UP Case PAL 231198 and Case PAL 231198.1

Geneva, 17th February 2000

The International Secretariat of OMCT requests your urgent intervention regarding the following situation in the Palestine Autonomous Areas.

New Information

The International Secretariat has received further information that Mr. Wae’l Ali Farraj is still in detention despite the Court decision of February 1999 to release him.

Brief reminder of the situation

The Public Committee against Torture in Israel (PCATI), member of the OMCT network, expressed its concern over the treatment of Mr. Wa'el Ali Farraj in detention (See Appeal Case PAL 231198).

According to the information, on 24 April 1996, Mr. Ali Farraj, aged 24, was arrested at his home, in Gaza city. During the initial days of detention, he was severely beaten and deprived of food and sleep. Later on, he was transferred to another detention center, where he was subjected to further physical abuse during interrogation.

According to the information, on the 20th of February 1999, the Palestinian High Court of Justice ordered the immediate release of Mr. Wae’l Ali Farraj after the Palestinian Attorney General’s office failed to bring legal evidence to justify his continual arrest over the last three years by the Palestinian General Intelligence Services. However, the International Secretariat learnt on March 2 1999 that Mr. Wae’l Ali Farraj was being arbitrarily detained and as such the Palestinian General Intelligence Services continue to defy the order of the highest Palestinian judicial authority to release him.

Remarks

The International Secretariat shares the concerns of local organizations over the continued defiance of court decisions by the Palestinian security forces. In particular, to disregard the decision taken by the Palestinian High Court of Justice regarding Mr. Wae’l Ali Farraj is not only a violation of Palestinian law, but is also a violation of international human rights standards concerning the right to liberty and the right not to be subjected to arbitrary detention.

Action requested

Please write to the Palestinian authorities urging them to :

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Wae’l Ali Farraj, and order his immediate release;

ii. carry out a full and impartial investigation into the arbitrary detention, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions provided by law;

iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

Yasser Arafat, President of the Palestinian Authority, Abu Khadra Building, Omar al-Mukhtar Street, Gaza, via Israel. Fax : + 972 7 2822 365/6 ( if voice, say "fax, please").
Palestinian Authority, Minister of Justice, Abu Khadra Building, Omar al-al-Mukhtar Street, Gaza, via Israel.
Fax : + 972 7 822 236 or +972 7 286-7109
Khalid al-Qidrah, Attorney General, Palestinian Authority, Attorney General Building, Yarmouk, Gaza, via Israel. Fax : + 972 7 824 503.

Geneva, 17th February 2000

Kindly inform the Secretariat of any action undertaken quoting the code of this appeal in your reply.