His Excellency Ismail Haniya

Prime Minister

Dismissed Palestinian Government

13 September 2007

 

Subject: Concern over some violations by members of the Executive Force and Izzedeen El-Qassam Battalions.

Greetings on the occasion of the Blessed Month of Ramadan, may Allah return it to us with our wounds healed, our national unity restored, and our land liberated.

The Palestinian Centre for Human Rights sends you its warmest greetings, and highly values your continuous efforts to manage the Gaza Strip despite the difficult circumstances and the deep political crisis storming the Palestinian Authority and threatening to destroy the national struggle. The split in the Executive authority has resulted in a split in the Legislative authority and paralysis in the judicial authority.

We preferred sending you this legal document out of appreciation for your previously expressed position and commitment to respect and protect human rights. And in the spirit of candidness and preserving public interests, and stemming from our work as an independent professional organization dedicated to protecting human rights and promoting rule of law, we hereby present you with a number of violations that have been repeated by members of the Executive Force and Izzedeen El-Qassam Battalions. And we are certain that you will not preserve any effort to remedy these violations, and will take the necessary steps to put an end to them and hold those responsible accountable to their deeds.

 

I- Violations of freedom of expression and journalism rights:

The Clashes in June witnessed many attacks by both sides of the conflict (Fatah, Hamas, their military branches and affiliated security services) on media outlets in the Gaza Strip and West Bank. Despite the severity of these attacks, we had hoped for a new chapter in the Gaza Strip after the end of military operations between both sides. We had hoped that your statements and directives to protect freedom of expression and journalism rights would be translated on the ground.

However, we are greatly concerned in this regard due to the negative conduct by responsible parties. The latest attack targeted at least 14 journalists on 7 September 2007 as they were covering the attacks of the Executive Force on civilians who attempted to conduct prayers in public areas. Prior to this date, the Executive Force perpetrated similar attacks on 25 August 2007 on a number of journalists covering a Fatah demonstration in Gaza.

The Centre also documented other attacks including: attack on journalists and the Arabiya Satellite Station office in Gaza on 13 August 2007; continued ban on Palestinian TV broadcast from Gaza, and the prevention of broadcasting one of its programs from Ramattan Studios on 1 August 2007. Obstructing the entry of newspapers issued in the West Bank and detaining their distributors on 30 July 2007; the attack on 3 journalists covering a demonstration by national parties in Khan Yunis on 12 July 2007 and forcing them to erase photos and photage prior to their release.

PCHR stresses the importance of redoubling efforts and giving clear instructions to the Executive Force to respect and protect freedom of expression and journalism rights, which are basic human rights that are protected by the Palestinian Basic Law.

 

II-  Violations against participants in prayers in public areas:

For the third consecutive week, PCHR has documented attacks by the Executive Force and occasionally Izzedeen El-Qassam Battalions on dozens of civilians for responding to calls by Fatah and other PLO factions to perform Friday Prayers in public areas. These attacks included the use of force, including gunshots, beating, and other forms of inhumane treatment, to prevent civilians from reaching public areas designated for prayers. They were dispersed by force despite the peaceful nature of these activities. In addition, tens of civilians were detained; and they were beaten and abused during detention.

PCHR strongly condemns the Executive Force for forcefully preventing civilians from performing prayers in public areas in the Gaza Strip. In addition, the Centre strongly condemns the detentions and arrests by the Executive Force, led by the detention of Dr. Zakaria El-Agha (member of the PLO Executive Committee), Ibrahim Abu El-Naja (president of the National Follow up Committee of National and Islamic Parties), and other Fatah and PLO officials.

The Centre calls upon the dismissed government to rescind its position banning prayers in public areas; and affirms people’s full and legitimate right to do so and to organize peaceful demonstrations as a means of expression and protest protected by the Basic Law and international human rights conventions.

 

III-  Restrictions on the right to assembly:

Preventing prayers in public areas is only one violation of the right to peaceful assembly. PCHR documented several cases in which the Executive Force dispersed peaceful assemblies by force. This is a violation of the right to peaceful assembly, which is a basic right protected by the Amended Basic Law of 2003 and the Public Assemblies Law of 1998.

These violations were furthered by the decision of the Executive Force on 13 August 2007 stating: “Stemming from the public interest, and in order to preserve security, and relying on the rule of law, it is forbidden to go out in any demonstration without official permission from the Executive Force.” This decision is a reminder of an announcement on 29 February 2000 by the then Director-General of the Palestinian Police, General Ghazi Jabali, to prevent any public assemblies without his prior permission. The Centre condemned Jabali’s decision and considered it a violation of the spirit and text of the public assemblies law.

 

After the Force’s decision, PCHR documented at least 2 attacks on peaceful assembly by the Executive Force:

1-     Dispersing a peaceful assembly in the center of Gaza City organized by PLO factions on 13 August 2007.

2-     Dispersing a peaceful demonstration by Fatah activists in Gaza City on 24 August 2007.

 

PCHR is extremely concerned by the decision and practices of the Executive Force, and calls for rescinding the decision. The Centre affirms that law-enforcement parties do not have any legal authority to license or ban peaceful demonstrations or any other form of peaceful assembly. The law states that law-enforcement parties should be “notified” of any such activity; and that the police can put limitations on the duration and route of the activity to “organize traffic.”

 

IV-   Continuation of illegal arrests:

PCHR expressed relief at the release of a number of persons who were illegally detained. However, the Centre is concerned over the illegal detention of several individuals by the Executive Force. According to our information, there are several detainees held for more than a month without regard for legal regulations. The Centre renews its call to respect legal regulations of detention operations, and to ensure that detainees enjoy their right of legal representation through a lawyer, and to ensure family visits.

 

V-    Torture and other forms of cruel and inhumane treatment:

PCHR has documented many cases in which civilians were subjected to torture and other forms of cruel and inhumane treatment during detention and questioning by the Executive Force. Many of them complained that they were treated with vindictiveness due to their status as activists or members of Fatah. Torture was perpetrated in police stations and Executive Force compounds throughout the Gaza Strip, especially in the North, Khan Yunis, and Rafah.

We would like to remind that torture is outlawed by Palestinian Law and by international human rights standards. It is a crime that does not fall by seniority; and its perpetrators must be prosecuted.

 

VI-   Illegal functions of Izzedeen El-Qassam Battalions:

PCHR has documented several cases in which Izzedeen El-Qassam Battalions acted as a police force, which constitutes a flagrant violation that must be addressed. One of the leading violations is the establishment of several detention centers administered by El-Qassam Battalions, in which civilians are detained, interrogated, and subjected to torture and other forms of cruel and inhumane treatment. More worrisome is the fact that the Executive Force delivers some of its detainees to El-Qassam Battalions, and holds them in the latter’s detention centers.

The Centre has condemned these illegal actions, which have resulted in the death of a detainee in El-Mashtal detention center northwest of Gaza City. PCHR renews the call to stop these illegal functions.

 

VII-  Excessive use of force and threatening personal safety of civilians:

PCHR has documented several cases in which armed force was used excessively during Executive Force operations, resulting in the death and injury of several civilians, including children and women. Despite our understanding of the Executive Force’s mandate to establish order, especially in the absence of a civilian police force, we affirm the importance of issuing clear instructions that regulate the use of force, including firearms, in accordance with relevant international standards.

 

VIII-  Violations against civil society organizations:

PCHR has documented tens of attacks on civil society organizations in the Gaza Strip and West Bank during the recent clashes and afterwards. These include attacks on media organizations, charitable organizations, labor unions, and others. The Centre has strongly condemned these attacks and called for neutralizing civil society organizations from the conflict, to protect them, and to respect their independence. One of the most notable organizations that continues to come under attack is the Palestinian General Federation of Labor Unions. The Executive Force and El-Qassam Battalions took over the offices of the Federation on 13 June 2007. Instead of heeding our calls to evacuate the offices and deliver them to the Federation administration, the attacks expanded to include Federation branches in the Gaza Strip and a Federation kindergarten in the northern Gaza Strip.

The Centre renews the call to evacuate the Executive Force from the headquarters of the Federation, and to deliver it and all branches to the Federation administration to resume work for the benefit of laborers. PCHR affirms that the right to establish unions, associations, federations, coalitions, clubs, and public institutions is a constitutional law protected by the Palestinian Basic Law.

 

IX-    Detention of the Attorney-General, attack on his office, and stopping him from performing his duties:

Since the start of the recent clashes, PCHR has regularly demanded to neutralize the Attorney-General’s Office from the power struggle between Fatah and Hamas. The Centre demanded that the AG and his assistants return to work in the Gaza Strip to preserve public interest.

We were surprised by the decision of Dr. Yusef El-Mansi, the Justice Minister in the dismissed government, to suspend the AG from work claiming that his appointment was not conducted according to legal requirements. PCHR affirms that the AG was and is performing his functions according to the law; and that the Justice Minister is not authorized to infringe on the AG’s jurisdiction or person. The Minister’s decision is a serious violation of the judicial system, and hinders justice. Continuing illegal measures against the AG, and in a flagrant violation of the AG’s person and immunity, the Executive Force raided the AG’s office on 16 August 2007 and assaulted the AG and detained him and his assistants.

PCHR strongly condemns these attacks and calls for prosecuting the perpetrators. The Centre renews the call to the dismissed government and its Justice Minister to rescind its illegal decision to suspend the AG, and to take serious steps to preserve the impunity and status of the AG and his assistants.

 

X-    Absence of Ombudsman or Complaint Address:

In light of these violations and attacks, we continue to face a serious problem as a human rights organization in the area of official contacts regarding legal issues (e.g. complaints on behalf of victims). Although we are aware that accessing the political leadership is relatively easy through direct correspondence with the Prime Minister, we hope that you will designate a party that is legally authorized to handle legal issues.

 

Mr. Prime Minister,

We appreciate your efforts and commitment to respect and protect human rights and public freedoms. However, these face difficult challenges on the field. And we think that these challenges must be addressed immediately in a manner that reflects your commitments and answer our concerns as a human rights organization. We think that it is extremely important to maintain the delicate balance between the need to impose public order and security and the need to protect and respect human rights. We are certain that you will not preserve any effort to remedy these violations; and that you will take the necessary steps to put and end to them and to hold the responsible parties accountable to their deeds in a clear, transparent, and public manner.

 

Sincerely,

Raji Sourani

Director,

Palestinian Centre for Human Rights