Ref: 108/2010

The Palestinian Center for Human Rights (PCHR) condemns the shutdown
of a peaceful assembly and the arrest of 16 participants by the Palestinian
police. The peaceful assembly was held
by a number of young people protesting against the Attorney General in Gaza’s
decision to close Sharek Youth Forum. PCHR emphasizes that the right to peaceful assembly is ensured under the
Palestinian Basic Law and relevant international standards.

According to investigations conducted by PCHR, at
approximately 11:00 on Sunday, 5 December 2010, about 30 young persons gathered
near Sharek Youth Forum, which is located in al-Shohada’ Street in the west of
Gaza city, to protest against the Attorney General in Gaza’s 30 November 2010
decision to close Sharek. A police car
immediately arrived, and policemen started dispersing the participants and
confiscating their posters and banners under the pretext of not obtaining a
license for holding the assembly in advance. On behalf of their colleagues, two participants attempted to go to the
main office of the Attorney General; however, this was prevented by the police. After the participants had been dispersed and
some of them had gone to al-Ahli Club Fans’ Association, two police cars
arrived to al-Ahli Club Fans’ Association, broke into it and arrested those
persons who had participated in the assembly. In addition, other young persons, who were passing by in the surrounding
streets, were arrested.

According to PCHR’s information, in total 16 persons were
arrested; 13 were released that evening. 3 individuals remain in detention at
the time of this release.

The policemen also prevented staff of al-Jazeera International
from covering the events; their equipment was confiscated and they were
requested to go to a nearby police station. The journalists were kept in detention until 15:15 of the same day. The staff consists of: the reporter, Nicole
Johnston, cameraman, Maher Abu Touqa, producer, Sami Ziarah, and cameraman
assistant, Rami Mas’oud.

One of the released detainees said:

“… we were transported by a
police car to the main office of the General Investigation in the police
headquarter (al-Jawazat), where we were obliged to stand under the sun. They searched us, confiscated our IDs and
mobiles, and each one of us was questioned while the others were waiting under
the sun. I was questioned regarding the peaceful
assembly, my relationship with Sharek Youth Forum, my personal information and was
returned to stand under the sun again … I was questioned for the second time,
as a policeman showed me an image saved on my mobile and asked me about the
lady, whose pictures are saved on my mobile. I answered him saying that its my wife. After questioning me, they obliged me to sign on a bond stating the
following (not to participate in any activity organized by Sharek Youth Forum
and not to communicate with any girl without legal relationship. In case of violation, 5000 NIS must be
paid). Then I was released at
15:15.”

PCHR strongly condemns the police’s shutdown of the peaceful
assembly in support of Sharek Youth Forum and the arrest of a number of
participants and journalists. It
emphasizes that:

1) The right to peaceful assembly is
guaranteed under article 26/5 of the Palestinian Basic Law, and Law No. 12 of
1998 on Public Meetings, article 2 thereof states: “Persons have the right
to freely convene public meetings and demonstrations. No restrictions shall be imposed on them
except as provided for in this law”;

2) According to article 1 of Public
Meetings Law, a public meeting is, “every meeting where 50 persons at
least are invited to in a public area …”, such a meeting is not included
in the law;

3) The police has no right to
license or reject any public meeting, or peaceful demonstrations, or any other
type of peaceful assembly, the law provides that organizers should only
“inform” the governor or police, as the police has the right to issue
orders relating to “organizing the traffic”.

4) Points that the executive
regulation relevant to the Public Meetings Law, which was issued by the late
President, Yasser Arafat, as the Minister of Interior then, contradicts with
the text and core of both said Public Meetings Law and the Palestinian Basic
Law. PCHR reiterates its call for
canceling or adjusting it in accordance with the law