41
members are: Marwan Barghouti, Ahmad Sa’dat, Hasan Yousef, Abed Al‐Jaber
Mustafa Fuqaha, Jamal Al‐Tirawi, Hatem Rabah Qafisheh, Mahmoud Al‐Ramahi,
Nayef Al‐Rajoub, Mohammad Al‐Tal, and Khalil Al‐Rab’i.22
All appeals and interventions by local, regional Arab and international human
rights organizations, including an international campaign, demanding the
immediate release of detained PLC members and the need for compliance with
international laws and norms that guarantee human freedom and dignity, did not
result in any substantive response from the Israeli Government. At that time PLC
member Mahmoud Al‐Ramahi was released, but then was arrested once again.
PLC member Mohammad Abu Teir was also released, but exiled to the city of
Ramallah in accordance with a decision by the Israeli court. In an attempt to
exert pressure on the occupying power to release all political prisoners, including
PLC members, the Palestinian Ministry of Detainees & Ex‐Detainees Affairs is
discussing their cases. Issa Qaraqe’, Minister of Detainees & Ex‐Detainees Affairs,
confirmed that the Ministry is discussing the detainees’ cases in order to procure
an advisory opinion from the International Court of Justice (ICJ). He stated “the
187 resolutions issued by the United Nations and its institutions relating to the
Palestinian prisoners since 1967 have not been adhered to by the Israeli
occupation. All these resolutions call on the occupation to cease its practices and
violations of the rights of prisoners, confirm the applicability of the Fourth
Geneva Convention on Palestinian prisoners and the importance of adhering to
the Convention.”23
2‐ Impact of Israeli Violations on the Performance of the Judiciary
The policy of the Israeli occupation has also influenced the performance of the
judiciary. Over the past several years, Israel’s policy of closure and siege, and the
Israeli checkpoints, cast negative consequences on the work of the judiciary and
its effectiveness. The Israeli measures still constitute a major obstacle to the
implementation of judicial decisions, including the arrest of fugitives (particularly
outside the designated co‐called areas), delivery of judicial notifications, and the
police performing their work. These often require prior coordination outside the
22
According to the Information Department at the Ministry of Detainees & Ex‐Detainees (Ramallah) on
12/01/2011.
23
http://www.safa.ps/ara/index.php/action=showdetail&seid=26638