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Al Mezan Welcomes Decision of Prime Minister in Gaza to Approve Commission of Inquiry Recommendation to Dismiss and Bring to Justice Perpetrators of Law and Human Rights Violations

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1 April 2009 |Reference 35/2009

The Prime Minister in Gaza, Ismail Haniyeh, has approved the recommendation of a Ministry of Interior Commission of Inquiry set up to investigate the killing of Zayid ‘Aayish Mabrouk Jaradat.
The Commission of Inquiry recommended that 11 members of the police be dismissed and prosecuted in the military courts in accordance with the law.
Jaradat, a 40-year-old father of nine, died on the evening of Monday 16 March 2008 while in the custody of anti-drugs police in Rafah city.
Al Mezan and human rights organizations widely condemned the death of Jaradat and called for an inquiry into this incident.
  Al Mezan Center welcomes the approval of this recommendation to dismiss and bring to justice the perpetrators of law violations.
This decision is an important step in the right direction.
More importantly, Al Mezan stresses that steps must be taken to guarantee that further law violations are not committed.
  Al Mezan would like to draw attention to an order issued by Prime Minister Ismail Haniyeh, then Prime Minister and Minister of Interior, on 19 September 2007 (Order No.
2007/128) directed at the security services and the judiciary.
The order related to: the respect for human rights and legal boundaries; political and press freedoms; the right to political dissent; the right to demonstrate in accordance with the law; the right of detainees not to be subjected to torture; the prohibition of political arrests and detentions without an arrest warrant; the requirement that all detainees be held only in official detention centers; the requirement to notify all detainees of the reason for their arrest; and the need to enable detainees to meet with their lawyers.
The order stated that violators of these rules would be “held to account according to the law.
”     This order was welcomed by Palestinian and international human rights organizations.
However, in the period after it was issued, violations of human rights and Palestinian law were perpetrated.
Previous commissions of inquiry that were established to investigate these violations failed to make public their findings, which has contributed to the reoccurrence of violations and especially in extraordinary times, as happened following the 25 July 2008 beach explosion.
     On a related issue, the Ministry of Interior and National Security has reaffirmed a decision to prohibit shooting in open areas on the site of the former Israeli settlement ‘Nizarim’, in order to protect the lives and safety of the public.
    Al Mezan welcomes this decision and calls on the Ministry of Interior and National Security to widely disseminate this decision to all residents of that area, where land is being used for firing practice which leads to the death or injury of 13 people in 2008 alone.
  Al Mezan affirms that the sanctity of the law must always be respected, and especially by those responsible for law enforcement.