At approximately 7:00 pm on Friday, 3 April 2015, the Palestinian police in the Gaza Strip detained Yahiya Mohammed Shamiya, Fatah Palestinian Legislative Council (PLC) member, for reasons of a personal dispute.
He was detained for three hours.
Al Mezan Center for Human Rights (Al Mezan) strongly condemns the arrest and detention of PLC member Yahiya Shamiya.
Al Mezan views his detention as a violation of Palestinian law, particularly articles (95) and (96) of the PLC bylaws.
Article (95) states that: “No member shall be interfered with in any manner, nor shall any search be made of the possessions of a member, his home, place of residence, motor vehicle, office, or any real estate or movable property belonging to the member, throughout the period of immunity… No criminal measures shall be taken against any member, unless he is found in the immediate commission of a crime.
The Legislative Council shall be notified immediately about measures taken against a member, so that the Legislative Council may decide upon its proper course of action.
The Office of the Legislative Council shall assume this responsibility if the Legislative Council is not in session… A member shall not relinquish parliamentary immunity without prior approval of the Legislative Council.
The decision shall be taken by the absolute majority of the Legislative Council.
Immunity shall not lapse upon the end of the membership in the Legislative Council, in the limits prevailing during the period of membership.
â€‌ Article (96) states: “1.
A request to deprive a member of immunity shall be submitted in writing to the Speaker by the Attorney-General, accompanied by a memorandum 119.
The Legislative Framework for Executive Management and Legislative Oversight including the details of the alleged crime, its place and date, and the required proof of criminal proceedings.
2.
The Speaker shall refer each such request to the Legal Committee and inform the Legislative Council about each such request.
3.
The Legal Committee shall study each such request and submit a report to the Legislative Council, which shall decide whether to deprive a member of immunity by two-thirds (2/3) majority.
4.
A member deprived of immunity and not arrested shall have the right to attend sessions of the Legislative Council and the committees and to participate in discussions and votes.
â€‌ Al Mezan strongly condemns the arrest and detention of PLC member, Yahiya Shamiya.
No legal procedures were taken in his arrest.
Al Mezan asserts that regardless of the reason behind the arrest, the procedures that were followed in his arrest are considered a flagrant violation of the law and are counter to the rule of law.
Al Mezan calls on the PLC to take the appropriate procedures to hold those who arrested and detained Shamiya responsible.
Al Mezan also calls on the executive authorities to respect the law and the rule of law.
The detention of a PLC member in this way should not become a pattern as it would contribute to the deterioration of the human rights situation in the occupied Palestinian territory and would undermine the rule of law.
END