The Palestinian Authority once again disappoints its citizens bringing about frustration and resentment towards the various branches of the government. On August 10, 2010, Mohammad Khateeb, a member of Hizb ut- Tahrir , was detained by the Security Forces from his home without a known offence or clear charge.  He has been on trumped up charges by the Palestinian Authority Security Forces.  He is still illegally detained despite the fact that the Palestinian High Court issued the verdict calling for his immediate release on August 30, 2010.  He has yet to be released.  What makes Mohammad Khateeb's issue frustrating is that the Security Forces blatantly refuse to uphold its own laws and constitutional rights to its citizens.  The first point is that Khateeb was detained from his home by Security officials without an arrest warrant or known offence. It was intentionally planned for the Security Forces to detain him because it is known that these forces operate under martial law. They can keep delaying his case for up to six months without any accountability. Thus would be tried by a military official appointed as judge.  Whereas, had Khateeb been arrested as a civilian, as he is, by a police officer with an official arrest warrant with a known offence, he would be held for 24 hours and then appointed a court date before a judge and then he would be immediately released due to no crime committed.  In this the Security Forces exploit their power.

The second point is that Khateeb is a civilian being held under military circumstances. After several days of being detained, a charge was released: "Resisting the Policies of the Palestinian Authority." He is a political prisoner.  This can be seen as a bogus charge because this charge can be applied to the vast majority of the Palestinian people who are unhappy or dissatisfied by the current PA. The third point is that the panel of High Court judges ordered the immediate release of Khateeb but the Security Forces have yet to comply. It has been more than twenty-four days since the issue of the verdict.  Khateeb has begun a hunger strike in resistance for the past four days. His case has been raised to the Justice Ministry, Internal Ministry, and to all of the Human Rights Organizations. The NGOs have condemned this and do not approve of the PA's Security Forces' dealings. They have promised action but have yet to materialize any results.  The Security Forces agreed to release Khateeb under the condition he sign a bond.  This has great implications because of the various points stated above and most importantly this means that if he agrees to the terms and signs the bond that he surrenders to the military court demands and whenever he is summoned he must appear before the military court officials.

Legislative committees and judicial panels set up rules for the Palestinians to abide by to ensure that no one is above the law.  Courts are established and a check and balance system is in place to uphold these laws. Where are these committees and judges who set up these structures?  What is their response to these open exploitations of power and disregard for this? What is the message that the PA sends to its people when it acts in this appalling manner?  Is this the PA's way of ruling with an iron fist? Thus leading to the destruction of its courts.  Or does it want to lead by its laws established by the legislative committees and High Court?  

This clearly demonstrates to the Palestinian people that the very institutions designed to protect and ensure the rights of its citizens are abused and ignored. Therefore undermining the authority and authenticity of the Palestinian Constitution.  It is of the upmost importance that the High Court verdict be applied so Mohammad Khateeb can be released and returned to his family whom has been denied visitation.

By; Manal Bader

Bayt Al-Maqdes