Human rights organizations and the Palestinian Non Governmental Organisations’ Network are highly concerned over the recent developments in the trial of the murder of Italian human rights activist Vittorio Arrigoni. Yesterday, on 19 February 2013, the Military High Court ordered the reduction in the sentence of murderers.

The Permanent Military Court (PMC) in Gaza began the proceedings of Vittorio Arrigoni’s murder case on 11 August 2010. In its judgment on 17 September 2012, the PMC convicted the first defendant (M.S.) and the second defendant (T.H.) on the charges of premeditated killing and kidnapping for the purpose of killing. They were sentenced to 10 years imprisonment with hard labour or life imprisonment with hard labour, while stating that the more sever punishment would apply. The PMS also sentenced the third defendant (K.E.) to 10 years imprisonment with hard labour, after convicting him of kidnapping for the purpose of killing. The fourth defendant (A.G.) was convicted for harbouring fugitives and was sentenced to one year imprisonment.

However, in its latest decision on 19 February 2013, the court granted the convicts’ appeal by reducing the first and the second defendants’ sentence from life imprisonment with hard labour to 15 years imprisonment. The third defendant’s date for appeal hearing is scheduled on 24 February 2013.

Vittorio Arrigoni, was killed, after having been kidnapped in the evening of 14 April 2011, by a group that calls itself the “Al-Hammam Mohammed Bin Maslama Group.” The Palestinian police found his body 15 April 2011 in a house in the ‘Amer housing project, west of Jabalya, located in the northern part of the Gaza Strip.

The Palestinian Center for Human Rights (PCHR) had attended all hearings for the case since the court began the proceedings on 11 August 2011, in its capacity as the legal representative of the Arrigoni family. PCHR officially demanded the court’s panel, in writing, to abstain from applying the death penalty to the defendants if they were convicted, based on its position which rejects the death penalty and in response to the Arrigoni family’s wish expressed in a letter dated 16 December 2011. PCHR notes that the court’s ruling was based on firm beliefs and expressed its content towards the sentence issued by the court.

In the light of the Military High Court’s decision to reduce the convicts’ sentences, it is unclear whether there were developments or changes in the circumstances of the investigation that required adjusting the charges and made the court’s panel change its ruling.

In light of these developments, human rights organisations and the Palestinian Non-Governmental Organisations’ Network:

1. Demand the High Military Court to publish the reasoning of its decision to reduce the sentence as soon as possible, in order to clarify its motive despite the seriousness of the crime.

2. Assert that the demand to abstain from applying the death penalty to the defendants is based on their position which rejects the death penalty and in compliance with the Arrigoni family’s wish; however, it does not mean that tolerance or waiver of the private or public right, when dealing with perpetrators of dangerous and serious crimes like in this case.

The Palestinian Center for Human Rights	Al-Mezan Center for Human Rights
Al-Dameer Association for Human Rights	The Palestinian Non-Governmental Organisations’ Network

]]> http://englishweb.aldameer.org/?feed=rss2&p=1852 0 http://englishweb.aldameer.org/?p=1827 http://englishweb.aldameer.org/?p=1827#comments Mon, 28 Jan 2013 11:41:41 +0000 admin http://englishweb.aldameer.org/?p=1827 Read more »]]> Ref. No.: 01/2013

15 Israeli and Palestinian human rights organisations today warned of the far-reaching consequences of Israel’s refusal to fully cooperate with the United Nations (UN). On the morning of Israel’s second Universal Periodic Review (UPR), scheduled for Tuesday 29 January, it remains unclear whether it intends to participate.

This lack of transparency will not only mean that Israel avoids rigorous criticism of its violations of international law, but that the entire UPR system will be undermined by the loss of its two fundamental principles: equality and universality.

In May 2012, Israel formally announced its decision to “suspend its contact with the Office of the High Commissioner for Human Rights (OHCHR), the Human Rights Council (the Council) and its subsequent mechanisms”.

Israel reportedly met with the Council President His Excellency Remigiusz A. Henczel in January 2013 and discussed a postponement of its UPR. However, as no formal request has yet been made, the Council agreed to proceed as scheduled and to consider on the day what steps to take if the Israeli delegation does not attend.

These exceptional circumstances have created uncertainty and forced some civil society organisations to revise or limit their engagement with the review process due to the risk of investing necessarily significant resources into a process that may not take place. Thus, a key component of the UPR process – civil society engagement – has been severely hampered.

Through this uncertainty, Israel and the Council are setting a dangerous precedent on the international stage, one that could be followed by other States refusing to engage with the UN in order to avoid critical appraisals. Israel’s decision to disengage from core mechanisms of the United Nations human rights system has, in effect, resulted in preferential treatment. All but one of the 193 UN Member States have attended their UPR as scheduled; in that single instance the State of Haiti was unable to attend due to the humanitarian crisis caused by the 2010 earthquake. Israel should not receive any benefits or concessions for its efforts to   undermine the system of the UN and, in particular, its human rights system.

To the contrary, the Council should ensure the unobstructed process of Israel’s UPR in accordance with the principles and standards set in the UPR mechanism, thereby reasserting the condition that human rights are more important than political or diplomatic considerations.

Moreover, Israel’s move to suspend cooperation with the Council and the OHCHR must be viewed within the context of its ongoing refusal to respect the decisions, resolutions and mechanisms of the UN. Consecutive Israeli governments have refused to recognise the State’s obligations under international human rights law with regard to the Palestinian population of the occupied Palestinian territory (oPt), obligations repeatedly reaffirmed in statements by UN treaty bodies.

Israel also rejects the de jure applicability of the Fourth Geneva Convention, incumbent upon it as the Occupying Power, in defiance of numerous UN resolutions, the 2004 International Court of Justice Advisory Opinion on the Legal Consequences of the Construction of a Wall in the oPt, and countless statements issued by governments worldwide.

In 2009, Israel declined to cooperate with the UN Fact-finding Mission on the Gaza Conflict, headed by Justice Richard Goldstone. Justice Goldstone repeatedly called on Israel to engage, to no avail. More recently, in 2012, the UN Fact-finding Mission on Israeli Settlements in the oPt was denied entry into the territory to collect testimonies. The Mission joined a long list of UN Special Rapporteurs and the Deputy High Commissioner for Human Rights, to whom Israel has also refused entry. Furthermore, since his appointment as Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, Mr. Richard Falk has not been allowed to enter the oPt to carry out his work.

Within this context, 15 human rights organisations call on the Council to take a firm stand consistent with the seriousness of Israel’s obstructive actions to date.

In January 2009, in the wake of the 2008-2009 Israeli offensive ‘Operation Cast Lead’, the Palestinian National Authority lodged a declaration accepting the exercise of jurisdiction of the International Criminal Court, pursuant to Article 12(3) of the Rome Statute. In April 2012, the then Prosecutor of the International Criminal Court, Luis Moreno Ocampo, turned down this request, declaring that he was not competent to decide whether Palestine is a State such that it can accept the jurisdiction of the ICC. This decision by the prosecutor of the ICC had the effect of denying the people of Palestine access to justice at the international level for violations of international humanitarian and human rights law committed against them by Israel. In doing so, the Prosecutor not only overstepped his mandate, by exercising judicial rather than prosecuting power, he also disregarded Article 2 of the Universal Declaration of Human Rights, which states that “[…] no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.”

The only judicial recourse available to Palestinians at present is to file a complaint with the Israeli Military Advocate General (a criminal procedure) and the compensation officer of the Israeli Ministry of Defense (a civil, or tort procedure). Previous efforts to seek justice through the Israeli court system have been ineffective, failing to lead to any substantive delivery of justice. We have worked for many years within the Israeli judicial system, trying to achieve justice and accountability for Palestinian victims; this experience has unequivocally proven that the system is incapable of ensuring an effective remedy for Palestinian victims. This conclusion was confirmed by the UN Committee of Experts following the so-called ‘Operation Cast Lead’ of 2008-2009. The Committee stated: “the official inquiry must be conducted by a truly independent body, given the obvious conflict inherent in the military’s examining its own role in designing and executing ‘Operation Cast Lead’”.

In the absence of an independent body which is empowered to investigate the alleged commission of crimes against the people of Palestine and to hold the perpetrators accountable, Israeli forces continue to act with impunity and disregard numerous principles of international human rights and humanitarian law. It is this culture of impunity which has allowed Israel to carry out yet another offensive against the Gaza Strip in November 2012. During ‘Operation Pillar of Defense’, indiscriminate and disproportionate attacks resulted in the deaths of 100 Palestinian civilians, and the injury of 1261.

Now that Palestine has officially been recognized as a State by the UN General Assembly, we, the undersigned, repeat our call for justice and accountability, and we call upon:

1- The State of Palestine to sign and ratify the Rome Statute without undue delay, and to lodge a declaration with the Court’s Registrar under Article 11 (2) and 12 (3) of the Statute, accepting the exercise of jurisdiction by the Court from the date of entry into force of the Statute, 1 July 2002;

2- The Prosecutor of the International Criminal Court, following the accession of Palestine to the Rome Statute, to initiate an investigation proprio motu into alleged war crimes and crimes against humanity which are committed in Palestine in violation of the Statute, and to request an authorization of the Pre-Trial Chamber to proceed with an investigation, pursuant to article 15 of the Statute;

3- The Prosecutor of the International Criminal Court to reopen the preliminary examination, and to take into account the proper elements in order to finally open an investigation into the situation in Palestine, bringing the issue before the Pre-trial Chamber for a judicial determination of the matter

Published: 12:00 Gaza Time (+2 GMT)

Since Wednesday evening, 14 November 2012, Israeli Occupation Forces have continued their offensive on the Gaza Strip, codenamed ‘Operation Pillar of Defence’ through aerial, marine and ground bombardment throughout the Gaza Strip, using missiles and artilleries. This is occurring amidst increasing Israeli threats to expand the offensive with a ground invasion; large numbers of Israeli troops have been deployed at the borders of the Gaza Strip, and it is reported that 75,000 reservists have been called up.

Contrary to claims by the Israeli government that Israeli forces do not target civilians, the outcome of this offensive so far has indicated that only civilians pay the price. 27 civilians have been killed, including 10 children and 5 women, and 520 others, including 140 children and 48 women, have been wounded.  Israeli forces have attacked civilian facilities, including houses, mosques, churches and schools, and governmental buildings of a completely civil nature, such as the buildings of the Council of Ministers and the Civil Department of the Ministry of Interior.

Over the past 48 hours, Israeli forces have intensified the bombardments in a serious escalation, targeting civilian lives and property.  This morning, Israeli forces directly bombarded media offices in Gaza City, seriously wounding a number of journalists.

There has been no safe place in the Gaza Strip, which essentially does not have any shelter where civilians can have protection from day and night bombardments.  Approximately 1.7 million people have become under Israeli forces fire, and their lives are in danger.  A number of people have been killed or wounded while inside their houses, as a result of the bombarding of residential areas and their vicinities, with bombs weighing up to one ton dropped by F-16 fighter jets.

During this offensive, the humanitarian situation in the Gaza Strip is dramatically deteriorating, especially with the closure of all border crossings between the Gaza Strip and Israel and the denial of entry of basic goods and materials into the Gaza Strip, including medical consignments, food and fuel. This is in violations of the obligations of Israel as an occupying power under the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, which requires Israel to facilitate the passage of medical and foods consignments to the civilian population in the occupied territory in all circumstances.

We, Palestinian civil society organizations in the Gaza Strip, condemn the ongoing offensive by Israeli forces, and warn of further deterioration of the situation and its catastrophic impact on the lives of Palestinian civilians.  We are concerned that the worst has not yet come, and unless the international community intervenes to stop this offensive, only Palestinian civilians will pay the price of this escalation. Even before this offensive, their suffering that has been constant due to the closure imposed on the Gaza Strip for more than six years; the recent crimes committed by Israeli forces will further deepen their suffering.

The role of the international community is not just to condemn international crimes, but to act to prevent them from being committed.  The failure of the international community to intervene to protect Palestinian civilians serves to encourage the State of Israel and its occupation forces to commit more crimes against them.  Such crimes will continue as long as accountability is lacking and impunity for the perpetrators is pervasive.  Less than four years ago, Israeli forces already waged an offensive on the Gaza Strip in late 2008 (‘Operation Cast Lead’). After this offensive, the international community failed to assume their responsibility to hold the perpetrators of war crimes accountable.

Therefore:

1. We call upon the High Contracting Parties to the Geneva Convention Relative to the Protection of Civilian Persons in Time of War to fulfill their obligation to ensure Israeli forces’ respect for the Convention, and to stop Israel’s systematic attacks against Palestinian civilians and their property.
2. We call upon the United Nations, represented by the Secretary General, to immediately act and intervene to protect the international security and peace in accordance with the UN Charter. We express our deep shock at his decision to visit Israel and Ramallah on Tuesday, 20 November, without visiting the Gaza Strip which is currently under attack.  This has serious indications that the Secretary General is following the US position of supporting Israel, the party which practices occupation and aggression, at the expense of Palestinian civilians who are the victims of the offensive.
3. We call upon the Human Rights Council to hold a special session to address the situation in the Gaza Strip and take effective steps to stop the offensive.
4. We highly appreciate Arab and international official and public visits to the Gaza Strip in solidarity with its people, especially the visits of the Egyptian Prime Minister and the Tunisian Foreign Minister, and call for more solidarity visits in the upcoming days.
5. We call upon Arab civil society organizations to organize visits to the Gaza Strip in solidarity with the Palestinian people and rejection for the Israel’s offensive and crimes, and  we highly appreciate the solidarity activities organized by them and call upon them to continue such important activities.
6. We highly appreciate demonstrations and protests by solidarity movement with the Palestinian people throughout the world, and express our full support for their efforts to pressurize their governments to intervene in order to stop the offensive.
7. We call for establishing a safe passage to ensure the entry of medical and food consignments into the Gaza Strip, which is an obligation of the occupying power under international humanitarian law.

Signatories:

- Palestinian Non-Governmental Organizations Network, representing 130 Palestinian NGOs

- The Palestinian Centre for Human Rights

- Al-Mezan Centre for Human Rights

- Al-Dameer Association for Human Rights

- El-Wedad Society for Community Rehabilitation

- Gaza Community Mental Health Programme

]]> http://englishweb.aldameer.org/?feed=rss2&p=1760 0 http://englishweb.aldameer.org/?p=1598 http://englishweb.aldameer.org/?p=1598#comments Sat, 07 Apr 2012 11:49:56 +0000 admin http://englishweb.aldameer.org/?p=1598 Read more »]]> Reference: 05/2012

Introduction:

In 1791 in France, one of the French judges was sitting in the balcony of his room.  By a chance, the judge saw a quarrel between two people, one of them murdered the other and fled.  A person went to the crime scene and took the dead man to the hospital to save him but he died. The police accused the innocent person for committing this crime and unfortunately the judge who saw the crime is the one who will judge in this case. The French law at that time only recognizes the evidences and as a result, the judge sentenced the innocent person to death despite the fact that judge saw the crime himself that occurred in front of his home. Over the days, the judge feels guilty for this mistake and he decided to admit before the public opinion that he committed a mistake in this case and he sentenced an innocent person to death. Consequently, the public opinion accused him of having no conscience and he is not a trusted person.  One day, during the consideration of one of the cases  and the same judge was the president of the court , he found that the lawyer who stood before him was wearing a black rope. So the judge asked him why did you wear this black rope? The lawyer answered in order to remind you with your black day when you sentenced to death an innocent person. Since that incident, the black rope became the uniform of lawyers in France and then it was moved to other states for reminding injustice and demanding justice.

Subject:

For another time, the international Criminal Justice proves that it is a white tool in the hand of transitional justice and the major states system against blacks and Africa only.  The bitter experience  and the disappointment prove  with all  evidences that this was established for  Africa and to apply  of victor’s justice

On 3 April 2012, the attorney general of the International Criminal Court issued a statement for apologizing on  the consideration of the request that was submitted by the Palestinian Minister of Justice to acknowledge the competence of the Court. This request demand an investigation in the Israeli crimes committed since 2002. it bonds the resolution with  the Security Council and the United Nations to reinforce the idea that the court is  a tool in the hands of parties who do not recognize its jurisdiction .

The International Coalition Against War Criminals and the undersigned organizations would like to clarify the following:

First / The Office of the attorney general of the International Criminal Court does not need to discuss the legitimacy of the State of Palestine or joining it in he Association of the court  as it approved in the third paragraph of its statement the  follows:

In any preliminary study , the first stage is represented  in determining  whether the prior conditions met the practice of jurisdiction under Article (12) of the Rome Statute. The  Attorney General’s Office is proceeding forward in the analysis of information that are related  to the alleged crimes without fulfilling these criteria. As  well as the  conditions that are  set forth in Articles (13) (53) / (1). in the fourth paragraph : I the jurisdiction of the Court is not based on the principle of universal jurisdiction but it  required to provide the Security Council of the United Nations jurisdiction in accordance with Article (13 b) or that provided by the State in accordance with Article (12)and he mentioned paragraph (a) and (b) and forgot intentionally to mention paragraph (c) of the same Article which states that : The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.

. he also neglected article (15) which states that :

The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.

2.         The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.

3.         If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.

4.         If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.

5.         The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.

6.         If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.

the Attorney General does not analyze the  information that are related to the  crime , but analyzed the legal status of the applicant and this is a violation to  the jurisdiction provided in Article (15).

Then he limited the investigation  to  the Security Council or a State Party and he ignored that he is a legal man and  the First Secretary of the world grievances . according to paragraph© of article (13) the Prosecutor should  initiate an investigation in respect of such a crime without referring to the Security Council or Sate Party

this indicates that the court is politicized in its decisions and biased  to justice as much as biased to the wishes of the major countries and groups of international pressure

our faith in the idea of ​​ the court as an international  justice system is not shaken. but our confidence was  shaken, with those who are in charge of it and  to their selective interpretation of laws and their unconditional subjection to the political  orders . This indicates that this Court is often stalled and needs a lot of reforms and comprehensive review on all its previous resolutions. Consequently, we in the International Coalition Against War Criminals decided to attribute its decision as the black page and we will conduct an international campaign in order to get rid from the defamatory page

Important Recommendations :

The international coalition against war criminals  and undersigned organizations  calls on  the PLO and the Palestinian National Authority not to surrender to this unfair decision and to launch immediately  a diplomatic  campaign among the States Parties in the Court to activate paragraph (6) of Article (112) of the Rome Statute, which states that : The Assembly shall meet at the seat of the Court or at the Headquarters of the United Nations once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States Parties.

We strongly advise you to collect signatures of two thirds of the members to conduct an extraordinary session for the General Assembly of States Parties in the court system to discuss the membership of the State of Palestine in the International Criminal Court, in order to achieve the first victory in the reform of international justice on your hands. We also stress on the need to support all the free people in this urgent and fair requirement. .

International Coalition Against War Criminals(ICAWC)- France

Global  Network for Rights and Development – Switzerland

Al Dameer Association for Human Rights- Palestine

Arab Commission for Human Rights- France

Scandinavian Institute for Human Rights – Norway

Today morning, the Palestinian NGO Network and human rights organizations in Gaza held a meeting due to publishing the amendments made by the Council of Ministers in Gaza to the Executive Bill of the Charitable Associations and Community Organizations Law No. 1/2000 in volume 81 of al-Waqa’i Official Gazette in Gaza.

The decision was issued by the Council of Ministers in Gaza on 31 May 2011, but had been revealed in August 2011.  The Decision added two articles to the Executive Bill as follows:

1. Article (31 bis) stipulates that: “Branches of foreign organizations registered in the Palestinian Territory shall be subject to legal provisions and regulatory measures applied by the Ministry and the Competent Ministry to local organizations.”
2. Article (47 bis) stipulates that: “1. All the branches of local organizations shall provide to the Ministry or the Competent Ministry any documents or papers upon request; and 2. The Ministry and the Competent Ministry shall implement activities implemented by branches of local organizations to make sure that the funds of the said branches are spent for the designated purpose.”

The Palestinian NGO Network and human rights organizations had already criticized these amendments, as they substantially violate the law and grants more power to the Ministry of Interior to intervene into the affairs of NGOs and restrict their work.

Participants in the meeting adopted a number of steps to be applied in order to address this development, including considering the possibility to resort to the judiciary to challenge and annul this decision.  They also stressed that this decision is illegal and explicitly violates of the Charitable Associations and Community Organizations Law No. 1/2000 as follows:

1. Article 6 of the Charitable Associations and Community Organizations Law No. 1/2000 explicitly states that: “The Competent Ministry shall undertake the follow-up of organizations’ activities” as it is the most capable to undertake this duty by virtue of its functions.
2. The above Article does not grant the competent ministry, which is the Ministry of Interior, any powers to follow up organizations’ activities in all circumstances; however, the Article determines the follow-up duty in accordance with each case separately and in accordance with a letter addressed by the Competent Minister.  The same Article states that: “The Ministry may follow up the activities of any organization based on a written reasoned decision taken by the Competent Minister in each case, to make sure that an organization’s funds are spent for the designated purpose and in accordance with the provisions of this Law and of the organization’s statute.”
3. Even in the cases in which the main activities of organizations do not fall within the competence of any ministry, the Executive Bill defines the Ministry of Justice as the competent ministry, and has no mention of the Ministry of Interior.  Article 3.7 states that: “The Ministry of Justice shall be the Competent Ministry to follow up organizations whose main activities do not fall within the competence of any existing ministry.”

In view of all the above, the Palestinian NGO Network and human rights organizations call upon the government in Gaza to reconsider its decision to make amendments to the Executive Bill of the Charitable Associations and Community Organizations Law No. 1/2000 to ensure respect for the rule of law.

The Palestinian NGO Network

The Palestinian Center                  Al-Mezan Center                  Al-Dameer Association

for Human Rights                      for Human Rights                      for Human Rights

The European Union and the Palestinian Authority (PA) are in the process of adopting a new Action Plan to replace the Action Plan agreed upon in 2005. The undersigning human rights NGOs call on the EU and the PA to revise the chapters on democracy, rule of law, human rights and fundamental freedoms in the EU-PA Action Plan in order to reflect the deterioration of the human rights situation in the Occupied Palestinian Territory (OPT) following the political split in 2006 between the authorities in the West Bank (for the purposes of this document, ‘the PA’) and the authorities in the Gaza Strip.

Over the last 5 years, the PA has adopted a pattern of repressive measures  aiming at stifling political dissent, generating a sense of intimidation within Palestinian society, turning the latter into what resembles a ‘police state’ weakening democratic values and the rule of law.  Similar measures were adopted by the authorities in Gaza.  The undersigning organisations therefore call on the PA to move towards Palestinian reconciliation which has the potential of putting an end to the spiral of intra-Palestinian human rights violations.

As human rights organisations we highlight the need to engage with all relevant actors in the best interests of the civilian population and request that the EU reconsiders its policy as regards the government in the Gaza Strip. Moreover, the EU should not hamper the inter-Palestinian reconciliation process and respect the will of the Palestinian people as expressed through free and fair elections, which are expected in the context of the current unity agreements between Palestinian groups. The EU should continue to provide aid and technical support to any Palestinian unity government.

Palestinian human rights violations are taking place in a context where legal provisions to protect basic human rights like the protection against arbitrary detention, torture and ill-treatment and violence against women are lacking. Fundamental freedoms such as freedom of expression, of the press, of association and of assembly have suffered serious regressions during these years both in the West Bank and in the Gaza Strip.

While it is crucial to take into account the considerable restrictions under which the PA operates by virtue of the Israeli occupation, insofar as the PA exercises limited control over parts of the OPT, it is responsible for enforcing the law through effective and lawful measures in accordance with its obligations under International Human Rights Law (IHRL). The Palestinian Authority has voluntarily accepted the obligations under IHRL and has included the respect for human rights in its Basic Laws. The PA has also committed to respect human rights in the Interim Association agreement and European Neighbourhood Policy (ENP) Action Plan with the EU.

On 12 July 2011, the Palestinian Minister of Interior (MoI) for the Gaza Government issued a decision to dissolve the Sharek Youth Forum offices in the Gaza Strip. According to the Minister’s decision, the Forum was closed because “it did not obtain the necessary licenses from the Ministry of Interior in Gaza and, according to the investigations conducted by the Office of the Attorney General, the Forum violates order and public morals.” (Unofficial translation by Al Mezan) In his decision the MoI relied on the Palestinian Charitable Associations and Community Organization Law No. 1 of 2001and its implementing regulations; issued in 2003 by the Council of Ministers. He also relied on the Forum’s bylaws, particularly Article 43.

The dissolving decision came after a High Court decision on 27 June 2011 in which the court formally accepted a complaint submitted by the Forum. The court obliged the Attorney General and the Ministry of the Interior and National Security represented by the Attorney General to clarify within 15 days the reasons for preventing the Forum from carrying out its work. The Office of the Attorney General was supposed to present the legal reasons behind the closing to the court; instead, the MoI issued his decision on the last day of the appointed time.

At approximately 1:30 p.m. on Tuesday 30 November 2010, a force consisting of police, the Department of Associations Security and other Ministry of Interior personnel closed the main office of Sharek Youth Forum in Gaza city. The director of the Department of Associations Security, which is part of the Police Investigations Unit, informed the persons present at the office of the order closing Sharek. The order was issued by the Office of the Attorney General in Gaza.

The Office of the Attorney General’s Decision No. 153/2010 regarding temporary closing the Sharek Youth Forum office stipulates that,“[A]fter examination of the 2002 Basic Law and its amendments, Judiciary Law No. 1 of 2001, Penal Code No. 74 of 1936, and Associations Law No. 1 of 2000, we have decided the following: 

1.       To temporarily close the Sharek Youth Forum offices in the Gaza Governorate until the investigations that have been opened in relation to lawsuit no. 36/2010 at the Department of Societies Security in the Police Investigations Unit are finished.

2.       This decision shall come into effect on the date of its issuing and the concerned authorities shall comply with it.” (Unofficial translation by Al Mezan.)

 In the evening hours of the same day, the Sharek Youth Forum’s office in North Gaza district was closed. The Sharek Youth Forum’s offices in Khan Younis and Rafah had also been closed in the morning hours of Wednesday 1 December 2010.

 Since that time, no list of charges has been issued against any of the Forum staff members or its board. This raises suspicions that the decision was not based on substantive reasons. The Forum was forced to file a lawsuit with the High Court appealing to allow it to reopen all Forum branches and return to work.

Article 37 of the Charitable Associations and Community Organizations Law states that “an Association shall be dissolved in the following cases:

a)       When the general assembly takes a decision to dissolve the Association, which must be brought immediately to the attention of the Ministry.

b)       If the Association does not commence its operations within the first year of its date of registration or licensing, unless the inactivity is caused by circumstances beyond the control of the Association. In this case, the registration is repealed after the association receives a written warning in advance.

c)       When the Association is proven to have committed a substantive violation of its bylaws, and has not rectified them within three months of the date of receipt of notification to that effect by the Minister or the Department.”  (Unofficial translation by Al Mezan.)

Article 65 of the ministerial decree implementing Regulation No. 9 of 2003 states: 

1.       The Directorate shall send a written notice to the Association that it is substantively violating its bylaws.

2.       The notice shall include an explanation of the substantive violations committed by the Association and the articles violated. The notice shall also give the Association three months to correct the situation.

3.       The Association shall inform the Directorate of the procedures it will follow to correct the violations listed in the aforementioned notice in Clause 2 of this Article.

4.       When the Association does not correct its situation within three months of the date of recipient of notification, the Directorate shall send to the Minister its recommendation to abolish the registration of the association. (Unofficial translation by Al Mezan). 

Regarding associations with more than one branch in the occupied Palestinian territories, Article 15 of the Palestinian Charitable Associations and Community Organization Law allows an association to open its branches without any limitations. Under the Council of Ministers Decree No. 9 of 2003, which establishes implementing regulations for this law, Article 47, relating to the necessary procedures that should be followed by the association to open additional branches, stipulates that “Registered Associations may open branches throughout Palestine on the condition that they provide numbers and addresses for the branches opened in their annual reports submitted to the concerned Ministry.”  (Unofficial translation by Al Mezan)

Accordingly, the law is clear in that it allows associations to open new branches and does not require acquisition of new licenses from the Ministry of Interior for registered organizations and associations. Sharek did not need to register its Gaza branches with the Ministry, as assumed by the Minister’s decision dissolving it.

Article 43 of the Sharek Youth Forum’s bylaws, which is mentioned in the ministerial decree, does not contradict the Charitable Associations and Community Organization Law, particularly Article 37.

In its pretext for the decision to close the Forum, the MoI relied on investigations conducted by the Office of the Attorney General. Al Mezan and Al Dameer observe that this excuse is not valid, as the Attorney General had closed the Forum seven months before citing the same reasons. No one was then detained or charged for violating public morals under Article 150 of Criminal Procedures Law No. 3 of 2001, which stipulates: “[I]f it is clear to the Attorney General that the act constitutes a violation, he shall refer the file to the concerned Court to bring the accused person to justice.”

Al Mezan and Al Dameer assert that if a violation committed by employee staff members is proven, the punishment must therefore be personal, as collective punishment is banned under the Palestinian Basic Law. The Forum enjoys legal personality that is independent of its managers, workers, and beneficiaries.

In light of the above, Al Mezan and Al Dameer express their concern that the timing of the issuance of the decision dissolving the Forum is an attempt to prevent a court decision to reopen the Forum’s offices in the Gaza Strip. The previously announced reasons for shuttering the office do not support legal procedures seven months after its closing. This raises further serious doubts about the ability of the Office of the Attorney General to persuade the court of its reasons for the closing. Al Mezan and Al Dameer assert that any procedures taken against any association must aim to protect the association and ensure that it fulfills its role and goals.  Charges of “violating order and public morals” must be clear, based on the law, and supported by evidence.

Out of concern over respect for the principle of rule of law and for enhancing public freedom, part of which consists in creating associations and ensuring freedom for their work, Al Mezan and Al Dameer call on the Ministry of Interior of the Gaza Government to revoke its decision and to ensure respect for the rule of law.

Al Mezan and Al Dameer emphasize the importance of regulating charitable and nongovernmental work, insofar as oversight aims to correct mistakes and eliminate barriers that might hinder efforts to serve society. 

End

According to information available to the undersigned organizations, Rezeq’s relatives reported that at approximately 8pm on Thursday 14 April 2011, a force from the internal security apparatus appeared at the house of Adel Rezeq and they orally ordered him to accompany the force. The force did not show Rezeq a summons from any judicial authority, as required  by the law.

Rezeq’s relatives asserted that Rezeq enjoyed good health. He had worked as a private with the Palestinian Authority’s National Security apparatus since 2005. He was married and had eight children; of whom six are females (two of whom are minors).

The Ministry of Interior of the Government in Gaza (MoI) made a statement that was published on their website, which  reads ‘[I]n the morning of Tuesday 19 April 2011, Adel Rezeq, 52, died inside a detention center of the internal security apparatus. He died after having suffered from illness on Monday. Adel Rezeq was transferred to the Shifa Hospital and received medical treatment there, but his health condition deteriorated and he died later. His dead body is now under forensic examination. In this regard, a formal investigation committee has been formed. All the concerned authorities, including the General Observer (of the MoI) and human rights organization were informed about this.’ (Unofficial translation).

The undersigned organizations assert that every death inside of the detention centers evoke suspicion that requires a prompt criminal investigation, which must include an examination of the arrest procedures, summons, and interrogations. Criminal investigation into the death of Adel Rezeq must therefore include the way he was arrested, detained, interrogated, treated inside the detention center, and whether he was subjected to torture or any form of cruel and/or ill-treatment.

The undersigned organizations view with great concern the information obtained by Rezeq’s relatives, which indicates that the way he was arrested in a manner that violates his right to due process. No arrest warrant had been obtained from the public prosecution, nor was the force that made the arrest among those authorized to make arrests by the Palestinian Criminal Procedure Law.

Moreover, preventing the victim’s lawyers and human rights organizations from examining, or attending the examination of the dead body evokes further concerns.

The undersigned organizations express their deep regret for the death of Adel Rezeq in circumstances that remain mysterious, and call for:

-          Opening investigations into the reasons behind Rezeq’s death. According to article 16 of the Rehabilitation and Reform Centers Law of 1998, any death that occurs inside the prison obliges the prison’s manager or his deputy to inform the public prosecution. Therefore, the undersigned organizations point that initiating investigations into the death of Rezeq is a crucial and  legal must; and

-          Disclosure of the results of the investigations as soon as they are concluded, which must be within a reasonable time and in accordance with the standards of professional legal investigation.

The undersigned organizations assert the right of the family to bring an independent forensic expert to examine the body of the victim. This right is crucial for such examination to be transparent and impartial. The undersigned organizations are awaiting the forensic report to examine the reason behind Rezeq’s death and whether he was subjected to torture or ill-treatment.

Ends

Al-Haq

Al Mezan Center for Human Rights

Al Dameer Association for Human Rights – Gaza

Ramallah, 17 April 2011

Although the total number of political prisoners held in Israeli prisons has decreased again this year from over 6,600 in April 2010 to 5,716, this overall amelioration conceals some troubling trends and as such should not be interpreted as an indicator of improved Israeli policies. Particularly worrying is the fact that although Israel’s practice of administrative detention is widely recognized as violating international human rights and humanitarian law and has been repeatedly condemned by Palestinian human rights organizations and members of the international community alike, 218 Palestinians remain in this form of detention without charge or trial, only 19 fewer than a year ago. Moreover, Israel continues to hold Palestinians from Gaza under the Unlawful Combatants Law, whose implementation results in grave violations of international law.

Furthermore, this year Palestinian Prisoners’ Day comes in the midst of a wave of mass and arbitrary arrests by the Israeli Occupying Forces (IOF) in the village of Awarta, following the murders of 5 family members in the nearby settlement of Itamar on 11 March 2011. So far more than 500 men, women and children have been rounded up, taken for questioning and asked to sign statements in Hebrew, a language they do not understand. While most villagers were released within hours of their arrest, 50 still remain in detention without charges, including two children. These arrests demonstrate Israel’s alarming continuing willingness to resort to disproportionate measures targeting an entire community, echoing its detention practices during the first and second intifada.

Israel also persists in its attempts to undermine the Palestinian civil resistance movement and deter activism against the Wall and settlements by targeting movement leaders, as well as children from the villages engaged in these kinds of popular struggle. Children have increasingly become the target of arrests in occupied East Jerusalem too, particularly in neighborhoods like Silwan and Issawiya, which have emerged as focal points of tension as Israel continues to escalate its policies of repression, Judaization and settlement expansion in the city.

Finally, Israel continues to sanction the torture of Palestinian prisoners by allowing for unrecorded interrogations and affording interrogators involved in torture impunity under Israeli law. Moreover, despite the existence of a complaint mechanism for victims of torture, the Israeli authorities have systematically failed to open criminal investigations into these cases, thus furthering the prevailing culture of impunity.

Despite the slight decrease in the number of political prisoners held by Israel, attention to their cause should not wane. Instead, the illegitimacy of Israel’s detention policies, the gravity of the manifold violations that prisoners and detainees are subjected to and the extent of Israel’s impunity in this regard should be exposed afresh to spur renewed and more effective action. As Palestinian human rights organizations, we stand in solidarity with the Palestinian political prisoners and detainees currently in Israeli jails and their families, and urge all members of the international community, including civil society, national governments, the United Nations and the International Committee of the Red Cross, to seize Prisoners’ Day as an opportunity to redouble their efforts in the pursuit of the immediate and unconditional release of all Palestinian political prisoners.

END

• Badil Resource Center for Palestinian Residency and Refugee Rights
• The Civic Coalition for Defending Palestinians’ Rights in Jerusalem

• Addameer Prisoner Support and Human Rights Association

• Defence for Children International – Palestine Section

• Jerusalem Center for Legal Aid and Human Rights

• Ensan Center for Human Rights and Democracy

• Women’s Centre for Legal Aid and Counselling

• Ramallah Center for Human Rights Studies

• Aldameer Association for Human Rights

• Palestinian Centre for Human Rights

• Al Mezan Center for Human Rights

• Al-Haq