Hamas bans lawyers

Palestine Centre for Human Rights is Concerned over the Ban of its Lawyers from Visiting Prisons in the Gaza Strip

PCHR is deeply concerned over the continued ban on visits for its lawyers to their clients in the prisons administered by the dismissed government in Gaza. The Centre views this ban as a violation of International Law and relevant international standards. Specifically, this ban violates the right of detainees to lawyer visits. The Centre is concerned that this ban is motivated by the perpetration of illegal actions such as torture and other forms of cruel and inhumane treatment against prisoners.

The Centers lawyers have not been able to visit their clients in Gaza prisons for over two months. The Centre has documented at least 30 instances in which lawyers were prevented from visitation despite prior coordination with the relevant authorities and with the prisons. Every time the lawyers face obstacles that bar the visits, including “The security officer is not in the prison” and “the place is not suitable for visits.” The last visit to an imprisoned client by PCHR’s lawyers was on 20 February 2008.

One of the recent ban on visitation occurred on Tuesday, 15 April 2008, when lawyers attempted to visit 18 prisoners in Gaza Central Prison in Gaza City. The lawyers submitted the visit request with the approval of the Ministry of Interior signed on 7 April. The Minister noted on the letter “Internal Security Apparatus to facilitate the mission of human rights organizations in accordance with regulations.” After waiting for more than half an hour at the gate, the guard informed the lawyers that the visit is not possible due to the unsuitability of the place.

PCHR maintains records for tens of prisoners banned from lawyer visits throughout the Gaza Strip. Some of them have not met their lawyers for more than 4 months, including some ill prisoners. The Centre repeatedly demanded from security services to facilitate and ensure these visits in order to assess the health conditions of these prisoners and ensure their reception of adequate healthcare.

It is noted that many prisoners were not subjected to adequate legal procedures. Some were detained by the Police; while others were detained without warrant by Internal Security. Some prisoners were questioned and tortured, including the use of handcuffs, blindfolds, and severe beating. They were detained without being brought in front of a judge.

In light of this situation, PCHR calls upon the dismissed government in Gaza to:

- Ensure that judges and prosecutors fulfill their responsibility over prisons to ensure that all detainees were detained according to due process in accordance with Article 126 of the Penal Code No. 3 for the Year 2001. The Centre also calls for the implementation of Articles 105, 123, and 128 of the afore-mentioned law.

- Release all prisoners who were illegally detained; and to take all necessary steps to ensure their enjoyment of their legal rights.

- Allow PCHR’s lawyers to visit their clients in prisons and detention centers in accordance with the law.