Bar Association: The Public Prosecution's Actions Against Lawyer Karaja are Arbitrary and Aim to Impose Prior Punitive Measures

SadaNews - The Palestinian Bar Association stated in a press release that the Public Prosecution has exercised an unprecedented harshness in the suspension procedures against lawyer Muhannad Karaja, dealing with a logic of imposing punishment before taking the necessary investigative measures to verify the validity of the publications attributed to him, especially since the Public Prosecution has seized his electronic devices for technical examination. It would have been more appropriate for the Public Prosecution to conduct the technical investigation and await its results before taking such arbitrary detention measures, especially since the nature of his work as a lawyer guarantees his presence in any investigative proceedings at any stage.

In this context, while the Bar Association reaffirms its firm position regarding the severity of extrajudicial killings that occurred in Gaza days ago as they represent a direct infringement and violation of constitutional rights rooted in the right to life and physical safety, and committed outside the judicial context and the guarantees of a fair trial, it condemns any acts that encourage such acts. This has been repeatedly expressed by the association through the statements of the Bar President in various media declarations. However, the association believes that the detention of the lawyer colleague without taking the necessary investigative procedures and their confirmation through technical expertise represents the imposition of a prior penalty and infringes basic rights related to the presumption of innocence inherently associated with the human condition; especially as his work as a lawyer guarantees his presence in any necessary investigative procedures.

Based on these factors, and despite the understandings reached between the Bar Association and the Public Prosecution in this regard, the procedural unfairness has been exercised in a manner that the Bar Association considers a direct violation of its role, which always strives to uphold the principle of the rule of law and guarantees of a fair trial.

Accordingly, in light of these observations and the continuation of this approach in detaining several colleagues without any valid reasons for depriving them of their freedom, and the ease of referring complaints of any nature under indictments without taking clear and objective investigative procedures, noting that the Bar Council has spared no effort with the relevant authorities to address this issue, the Bar Council expresses its absolute rejection of these measures and what they represent in terms of procedural tyranny. It calls on all colleagues who can to join their peers in their stand in front of the Public Prosecution's headquarters in Ramallah today, and urges the Attorney General to find an urgent remedy for this situation, while reviewing the related policies of the Public Prosecution. In light of the new developments, the Bar Council will remain in a state of follow-up and will take any necessary escalatory union steps during the coming week.