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Many of the detainees held by the Security Services suffered from the great
distances between the detention locations and their places of residence, causing
parents to suffer. And in a number of cases, the families were not able to visit
their relatives because of the distance. When a detainee requested a transfer to a
more proximate place, the argument was that because of the difficulty of security
coordination, the transfer process required time. Citizen Rafat Mohammad
Shawabkeh from Hebron, held by the Preventive Security Service in the city of
Jericho, reported that it was a burden for his family to visit him because of the
great distance and heavy financial costs.
6‐ The Right to a Lawyer
ICHR faced the problem of its delegates not being allowed to visit detainees who
had been in detention for 14 days, which constitutes a clear violation of Article
(103) of the Criminal Procedure Code. The article stipulates that “it is permissible
for the prosecutor in criminal cases and for the interest of the investigation to
decide to prevent contact with the accused detained for a period not exceed ten
days, renewable for one time.” This prohibition does not apply to lawyers who
may contact their detainee at any time, without restriction or censorship. Islam
Abu Aoun’s father reported, for example, that his lawyer was prevented by the
Military Intelligence Service from seeing his son.
7‐ Family Visits to Detainees
Many families were prevented from visiting their sons, especially in the initial
days of detention. This was justified under the pretext of maintaining
investigative procedures, not influencing the course of proceedings, and placing
the detainee in difficult conditions by recognizing that not allowing the visit
would give the detainee a push towards a purpose or objective in the
investigation stage. Bashir Abdel‐Karim Omari’s father reported that the
Preventive Security Service had prevented him from visiting his son held in its
custody. Yahia Awad’s brother reported that he was prevented by the General
Intelligence Service from visiting his son held in its custody. Also, Mohammad
Rashid Zayoud’s brother reported that the Military Intelligence Service prevented
him from visiting his brother held in their custody.
8‐ Detention Without Indictment
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