Ref: 26/2014
Date: 09 March 2014
Time: 13:00 GMT

The Palestinian Centre for Human Rights (PCHR) strongly denounces that the Palestinian police forcibly dispersed a memorial service for 3 martyrs organized by the Fatah movement and the al-Qassas family in the family divan in Khan Yunis yesterday and the accompanying attacks and arrests against dozens of participants.

PCHR calls upon the government in Gaza to take the necessary measures related to the respect of the civilians’ right to hold peaceful assemblies that are constitutionally guaranteed in conformity with the international human rights standards and to not reiterate such attacks against peaceful assemblies.

According to investigations conducted by PCHR and statements of a number of victims and eyewitnesses, at approximately 15:45 on Saturday 08 March 2014, the Palestinian police arrived at a divan of al-Qassas family which is located in al-Sheikh Nasser neighborhood in Khan Yunis, in the southern Gaza Strip. At the divan a memorial service for martyrs Riyadh al-Qassas, major-general Ahmed Mfarrej and ‘Aref Herzallah was held in coordination with Fatah movement and including the presence of dozens of civilians. The policemen ordered the participants to end the service and evacuate the place. Upon the notice quarrels erupted between the participants and policemen. More backup forces arrived who started to forcibly disperse the service, beat up the participants and open fire in the air. A number of participants threw stones in response. Some policemen raided the divan, ended the service and arrested a number of participants. They took the arrested to the police station. Some of the arrested were questioned on the grounds of the memorial service. At approximately 19:30, a number of the arrested were released while 23 others were kept in detention. At approximately 01:00 on Sunday, 09 March 2014, 17 civilians were released, some of whom received summonses to refer to the police in the coming days. However, 7 civilians remained in detention.

The General Investigation Service (GIS) in the city summoned Taha Khaled al-Qassas (38) yesterday afternoon. He was questioned on the memorial service and informed that they should obtain a prior permit to hold it. Taha said to PCHR’s fieldworker that he informed the GIS officers that Ammar, the son of martyr Riyadh al-Qassas, had obtained a prior permit from the Palestinian police in the city. Al-Qassas added that the GIS officers requested him to bring Ammar and the evidence of the said permit. Ammar came to the GIS office and showed the permit he had. Al-Qassas said that GIS officers told them the permit they had was not valid and they should call the family’s divan to close it down.

In the same context, Haroun Hassan al-Qassas (67) said to PCHR’s fieldworker that he was detained while being in the family’s divan and was taken with dozens of civilians to the police station. They were held in prison for an hour and a half. He added the policemen raided and searched his 3-storey house and a house belonging to his relative Fawzi al-Qassas.

Eyad al-Bosom, director of Information Office of the Ministry of the Interior, said in a press release quoted by the Ministry’s website yesterday: “A group of Fatah members in Khan Yunis organized an activity without the approval of the police in violation of the law and insistence to return to chaos.” He added, “Fatah members assaulted the policemen when the latter were present in the activity place to enforce the law.”

PCHR strongly condemns the incident and stresses that:

1. The right to hold private peaceful assemblies like celebrations, seminars and workshops in closed places do not fall within the Public Meetings Law no. 12/1998. Therefore, they do not require notifying the police or the mayor in accordance with the law;
2. The Palestinian Basic Law guaranteed holding private meetings without the intervention of the Palestinian police according to article 26 (5), which stipulates: “Holding private meetings without the presence of policemen and holding public meetings, processions and assemblies in conformity with the law”;
3. The Public Meeting Law requested the public meetings’ organisers to notify the Palestinian police or mayor each in his governorate on holding the assembly 48 hours earlier, but the law did not mention obtaining any permits; and
4. The public meeting which needs to notify the police according to the law is that “Each public meeting to which at least 50 persons were invited in a public open place such as public squares, playgrounds, parks and the like.”
   Therefore, PCHR:
5. Calls upon the Attorney General to seriously investigate this incident and publish results publically;
6. Calls upon the government in Gaza to take the necessary measures to respect the civilians’ right hold peaceful assemblies and to not reiterate such attacks at assemblies; and
7. Calls upon the security services to respect the right to freedom of holding public and private peaceful assemblies that are constitutionally guaranteed in accordance with the international human rights standards.