‘Illegal Precedent’ – PA Transfers Palestinian Detainee to France amid Secrecy, Legal Concerns

Mahmoud Khadr Harb, 70, from Yatta near Hebron, was a former member of the Fatah–Revolutionary Council. (Image: File photos via QNN)

By Palestine Chronicle Staff  

Palestinian Authority transfers detainee Hisham Harb to France, with rights source citing legal violations, secrecy, and unresolved allegations.

Key Developments

  • Rights source describes transfer of Hisham Harb to France as legally unprecedented and unlawful.
  • Handover reportedly carried out before court review, bypassing urgent legal challenge.
  • Move linked to political pressure, with unclear gains for Palestinian Authority.

According to a report by Quds News Network, a Palestinian rights source revealed that the Palestinian Authority (PA) has transferred Palestinian detainee Mahmoud al-Adra, known as Hisham Harb, to French authorities, following a request initially submitted by France in November.

The source said the PA had delayed implementing the request for several months to avoid public backlash before ultimately proceeding with the transfer.

The transfer reportedly took place nearly five months after France renewed its demand, allegedly in exchange for political promises, including recognition of a Palestinian state.

However, the source indicated that the PA has not secured any tangible benefits from France so far, including financial support.

Describing the move as “illegal” and unprecedented, the source said that no state or authority hands over one of its citizens to a foreign entity under such circumstances.

Available information suggests the process was conducted under official secrecy, without public announcement or clarification of the legal basis, reinforcing claims that the decision was made through undisclosed political arrangements rather than standard judicial procedures.

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Legal Process Bypassed

A hearing had been scheduled before the administrative court to review an urgent request filed by the Independent Commission for Human Rights seeking to halt the transfer, QNN reported.

However, the handover was carried out before the session could take place, preventing the court from reviewing the case in a timely manner, according to the same source.

The administrative court later rejected the urgent request, arguing that the case did not meet the criteria for immediate review and could still be addressed through normal legal procedures.

QNN said that the decision came after the transfer had already been completed, effectively rendering any subsequent judicial intervention meaningless, despite Harb having been detained since September without formal charges.

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Weak Case, Health Concerns

According to the source, the French accusations against Harb lack a solid legal foundation, as they date back to 1982 and rely on claims related to the killing of individuals inside a restaurant, without presenting updated evidence or strong legal documentation.

France accuses Harb of leading a group involved in an armed attack on a restaurant in the Jewish quarter of central Paris on August 9, 1982, which resulted in the killing of six people and the injury of 22 others.

Since 2015, France has sought his extradition under an international arrest warrant, though the PA had previously rejected the request.

The source also highlighted Harb’s deteriorating health condition, noting that he suffers from serious illnesses, including bladder cancer, and had been undergoing chemotherapy treatment in hospitals in Ramallah in recent months, raising concerns about whether humanitarian considerations were taken into account.

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Background

QNN quoted the source as suggesting that the transfer was carried out under French political pressure and linked to promises made to the Palestinian Authority, though the nature of any actual gains remains unclear.

It added that alternative legal options had been available, including reaching an agreement with France to allow Harb to be tried within an agreed legal framework, particularly given the reported weakness of the legal case, instead of transferring him abroad.

Mahmoud Khadr Harb, 70, from the city of Yatta near Hebron, was previously a member of a faction known as Fatah–Revolutionary Council, led by Sabri al-Banna, also known as Abu Nidal.

The group, which split from Fatah, carried out operations targeting both Israelis and Palestinian figures, accusing them of treason.

Harb later left the group and returned from exile to Gaza alongside former Palestinian leader Yasser Arafat. He subsequently joined the Palestinian General Intelligence Service, where he served until retiring with the rank of colonel.

In November, Palestinian President Mahmoud Abbas stated in an interview with the French newspaper Le Figaro that the “legal procedures” related to Harb’s transfer to France had reached their final stages.

(Quds News Network)

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