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AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

Date: 23 May 1996
Case Number:ga9608_sar
Victim:Iyad al-Sarraj
Country:Gaza
Subject:Arrest of Psychiatrist
Issues:Freedom from arbitrary arrest and detention; Freedom of association and assembly; Freedom of opinion and expression; Right to liberty and security of the person
Type of alert: New
Related alerts: 29 May 1996; 11 June 1996; 8 July 1996; 18 August 1999 

FACTS OF THE CASE:

Palestinian authorities have detained psychiatrist Dr. Iyad al-Sarraj, a well known human rights activist in Gaza. Dr. al-Sarraj is Director of the Gaza Community Mental Health Program and Commissioner General of the Palestine Independent Commission for Citizen's Rights (PICCR).

Dr. al-Sarraj was arrested on 18 May 1996 at his home. He was taken to police headquarters where he was denied access to his lawyer during the first forty-eight hours of his detention. On 21 May, Dr. al-Sarraj was brought before the State Security Court where his detention was extended for 15 days. He will then be tried before the State Security Court. The Palestinian Attorney General has said that Dr. al-Sarraj is suspected of "slander." This is apparently in connection with comments he made to the New York Times, which appeared on 6 May 1996, critical of the Palestinian self rule government and its security forces.

According to the Department of State's Country Reports on Human Rights Practices for 1995, "local and international human rights groups have criticized the Palestinian authority State Security Court, arguing that it is subordinate to the power of the executive, undermines the independence of the judiciary, and violates defendants' rights to a fair and open trial."

Dr. al-Sarraj's arrest appears to be the latest in a pattern of harassment of human rights workers and journalists critical of Palestinian authorities.

The detention of Dr. al-Sarraj based solely on the expression his opinion, and his appearance before the state security court violates international human rights provisions enumerated in the Universal Declaration of Human Rights (approved without objection by the United Nations General Assembly on 10 December 1948). They include:

  • No one shall be subjected to arbitrary arrest, detention, or exile (Article 9);
  • Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him (Article 10); and
  • Everyone has the right to freedom of opinion and expression (Article 19).

(Sources of information on this case include Human Rights Watch/Middle East, the Gaza Community Mental Health Programme, and the Department of State's Country Reports on Human Rights Practices for 1995.)

RECOMMENDED ACTION:

Please send telexes, telegrams, faxes, or airmail letters:

  • expressing concern about the pattern of arrest and detention of activists who criticize the Palestinian Authority;
  • urging the Palestinian Authorities to provide Dr. al-Sarraj with a fair and impartial hearing in compliance with international standards for due process; and
  • requesting the immediate and unconditional release of Dr. al-Sarraj if he is not charged with a recognizable criminal offense.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

    Mr. Yasser Arafat
    Chairman of the Palestinian Authority
    Fax: 07-822365/6
    Salutation: Your Excellency:

    Mr. Frieh Abu Medin
    Minister of Justice
    Fax: 07-822236
    Salutation: Dear Minister:

    Mr. Khaled El Qidra
    Attorney General
    Fax: 07- 822388
    Salutation: Dear Attorney General:


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