Ref: 25/2013
Date: 06 March 2013
Time: 12:40 GMT
The Palestinian Centre for Human Rights (PCHR) is concerned about an illegal decision by the Internal Security Service (ISS) to prevent two journalists from travelling through Rafah International Crossing Point. PCHR calls upon the Attorney General to put an end to the use of such measures and ensure respect for the right to freedom of movement, which is guaranteed under the Palestinian Basic Law, as well as the relevant international human rights standards.
According to investigations conducted by PCHR and testimonies from the journalists in question, on Monday, 04 March 2013, ISS officers at Rafah International Crossing Point prevented Sami Mohammed Abu Salem, a journalist, from travelling to Egypt to participate in a training course organised by the International Federation of Journalists (IFJ) in Cairo. Abu Salem informed PCHR that an ISS officer instructed him to wait at the crossing point, returning an hour later to ask Abu Salem about the purpose of his travel. Abu Salem told the officer that he would participate in a training course organised by IFJ. The officer informed Abu Salem that he was not permitted to travel and that he must obtain a travel permit from the Governmental Media Office in Gaza. A security officer cancelled the exit stamp in Abu Salem’s passport and served him with a return notice, which states: “He was sent back from Rafah Crossing because of ‘ISS’s return/lack of permission.” Abu Salem later phoned Salama Marouf, Director General of the Governmental Media Office, who informed him that the Office does not issue travel permits.
In a similar incident, on the same day, the ISS in Abu Khadra Governmental Complex in Gaza refused to include Wissam Hussam al-Ashi, a journalist, on the list of travellers due to travel through Rafah International Crossing Point. ISS officers requested al-Ashi, who works in Script Media Company, to provide an official letter from the company explaining the purpose of his travel. On Tuesday, 05 March 2013, al-Ashi went to Abu Khadra Complex and presented a letter from Script Media Company, as required. However, they still refused to include him on the list of travellers because he is less than 40 years of age.
A decision to prevent travel and restrict the right to freedom of movement can only be made by judicial order, in accordance with Article 11-2 of the Palestinian Basic Law, which stipulated that “it is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order […]”, and Article 20 of the Law, which stipulates that “Freedom of residence and movement shall be guaranteed […]”. Furthermore, the imposition of a ban on travel imposed by the ISS or any other executive body is illegal, according to the above Article 11-2, as well as Article 28 of the Law, which stipulates that “No Palestinian may be deported from the homeland, prevented or prohibited from returning to or leaving it […]”.
PCHR views these additional restrictions on the freedom of movement of persons as unacceptable, as they add to the restrictions already imposed on the people of the Gaza Strip by Israel’s closure of the territory;
PCHR condemns the ISS decision to prevent journalists from travelling, and:
