205
Member’s luggage, home, place of residence, car, office, or any real
estate or movable property belonging to the Member, throughout
the period of immunity.”
It is also contrary to Article (11) of the Palestinian Basic Law amended in 2003,
which states that “Personal freedom is a natural right, shall be guaranteed and
may not be violated. It is unlawful to arrest, search, imprison, restrict the
freedom, or prevent the movement of any person, except by judicial order in
accordance with the provisions of the law.”
It is also contrary to Article (178) of the Jordanian Penal Code of 1960 and applied
in the West Bank, which states that “Every employee who arrests or detains a
person in cases stipulated by law shall be punished by imprisonment from three
months to a year.” And Article (181) of the same body of law states that
“every employee who enters in his capacity as an employee the
residence of one of the people or extensions of his residence in the
cases permitted by law, shall be punished by imprisonment from
three months to three years and a fine of twenty dinars to one
hundred dinars. If joined to investigate the place to do this work or
any other arbitrary action, punishment shall be not less than six
months. If the employee has committed the above‐mentioned act
without taking into account assets imposed by law shall be punished
by imprisonment from one month to one year and a fine of five
dinars to twenty dinars.”
On 29/09/2010, the Attorney General responded to ICHR’s communiqué.207 It
included a letter from the Chief Prosecutor of Tulkarem, which stated that “the
Chief Prosecutor of Tulkarem, in a follow‐up of the complaint, addressed the
Chief of Police of Tulkarem on 26/09/2010, requested a statement on the fact.
The Police Chief of Tulkarem told him that based on the minutes of inference and
inquiry, Fahmi Zeidan has in his possession legally‐prohibited materials. Given the
circumstances of urgency and necessity, and fear of being smuggled, they asked
permission to inspect the house. A search warrant, signed by the Prosecutor of
Tulkarem, was issued. The house was indeed searched at night without being
recognized by the police only after being transferred with the materials (which
207
Attorney‐General's letter on 29/09/2010 to ICHR, no. (2745) and its attachments in response to the
complaint of LC member Abdul Rahman Zeidan submitted by ICHR.
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