Ref: 45/2021Date: 8 September 2021On Wednesday, 8 September 2021, the Palestinian Centre for Human Rights released the 19th edition of its series “Violations of Freedom of Expression under the Palestinian Authority,” and it covers the period from 01 April 2020 to 31 July 2021. The report reviews the state of freedom of expression under the PA in the West Bank and the Gaza Strip vis-à-vis Palestine’s obligations under national and international laws, particularly the International Covenant on Civil and Political Rights (ICCPR) and the Palestinian Basic Law (PBL).PCHR developed indicators to measure the status of freedom of opinion and expression in the PA-controlled areas:Arbitrary arrests and summonses of journalists, bloggers, and opinion makers; some were subject to inhuman and degrading treatment.Banning journalists from work Legal Prosecution on grounds of exercising freedom of opinion and expression.Restrictions on free access to information.Restrictions on freedom of research and creativity.Application of laws that undermine the right to freedom of opinion and expression.This report is issued under exceptional circumstances as planned general elections for 22 May 2021 were delayed after the conclusion of the stage of candidacy; a major setback for efforts aimed at revitalizing democracy in Palestine. Also, this is the second report on the freedom of expression theme to be issued since the Palestinian President announced a state of emergency in the occupied Palestinian territory on 05 March 2020, which poses restrictions in freedoms in generally, particularly the freedom of speech.This report is released following the killing of Palestinian political activist, Nizar Banat, during his arrest by Palestinian security services on grounds of speech and expression. This incident was a stark reflection of the state of PA restrictions and oppression of the freedom of expression and has contributed to the state of self-censorship that both journalists and the public adhere to with regard to anything that may upset authorities.The report is designed in two parts: Part I addresses the violations of the freedom of speech and expression documented by PCHR through the indicators the team developed to measure exercise of this right under the PA. The first part also offers a concise legal analysis of how these breaches violate international standards and PBL. Part II demonstrates the PA’s international obligations and sets clear the legal framework for freedom of expression under the PA; as well as critiques of relevant Palestinian laws.During the reporting period, PCHR documented many violations of the freedom of expression, particularly incidents that occurred during protests against the murder of Nizar Banat during his arrest. Additionally, the report revealed that similar violations occurred in the Gaza Strip, particularly on grounds of the Palestinian division. Security services, aided by the Public Prosecution, maintained its systematic policy that aims at creating a state of self-censorship by targeting journalists and opinion makers with arbitrary arrests, false accusations, intimidations, and assault during conduct of journalistic work.The most prominent pattern of violations during the reporting period was summoning, detaining and torturing opinion activists for practicing freedom of expression on social media. Absence of rule of law has created de facto restrictions that overstep the legal restrictions, causing uncertainty among journalists and opinion makers, as they are unable to define the dos and don’ts. Poorly drafted laws relevant to the regulation of freedom of expression and opinion have contributed to this state as they include loosely defined terms that are open to interpretation.The report concluded with recommendations to enhance the practice of the right to freedom of speech and expression, which would reinforce the efforts made towards a democratic system in PA controlled-areas. The most prominent recommendations demanded accountability for all those involved in the murder of Palestinian activist, Nizar Banat; refrain from detaining opinion-makers pending investigation; reinstatement of the Public Prosecution’s monitoring authority on the security services, and ending the phenomenon of summons and arbitrary arrests; judicial authorities to follow-up on allegations of torture at investigation centres in the West Bank and the Gaza Strip against opinion makers; and the promotion of civilians’ right to access information.
