Detainees Denied Justice


Editor: Gerald Simpson
This book was originally researched by the author for the Palestinian Human Rights Monitoring Group. The aim was to analyse the Palestinian High Court's judgments ordering the Palestinian Authority to release Palestinian political prisoners whose penal procedural rights - together with the High Court's judgments - have been disregarded by the Palestinian Authority since 1996.
With a view to providing practical recommendations to all parties responsible, the book includes the following features: - an introduction to the political and legal contexts and an independent summary analysing the findings of the research; - tables presenting all High Court cases dealing with Palestinian political prisoners detained in the Palestinian Territories handed down between 30 November 1997 and 13 June 2000; - 17 translations and analyses of pleadings to and judgments of the High Court; - transcripts of interviews with High Court judges and lawyers; - summaries and translations of applicable penal procedural law in force in the Gaza Strip and the West Bank; - a full new translation of the Draft Palestinian Judicial Authority Law; - presentation and analysis of provisions of the Israeli-Palestinian Peace Agreements relating to criminal and security jurisdiction in the Palestinian Territories.

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Preface. Words on the judiciary and political prisoners. 1. The historical and political background. 2. The Palestinian Human Rights Monitoring Group and the aims and structure of the research. 3. Palestinian Political Detainees held in Palestinian Prisons: the Political and Legal Context. 4. The High Court of Justice and its evolving approach to Palestinian Detainees. 5. Training of lawyers and judges. 6. Further issues relating to the Annexes, to observations concerning access to laws and judgments and to the issue of cooperation between Palestinian human rights NGOs. 7. Recommendations. 8. Table I: High Court Cases on the detention of political prisoners. 9. Tables II and III: lawyers/court's use of applicable law. Annexes I-XIV.