May 13, 2013
PCHR files petition to Gaza High Court of Justice against Ministry of Interior measures to restrict freedom of movement
PCHR files petition to Gaza High Court of Justice against Ministry of Interior measures to restrict freedom of movement

Ref: 34/2013

On 12 May 2013, the Palestinian Centre for Human Rights (PCHR) filed a
petition to the High Court of Justice in Gaza to appeal against the prevention by
Internal Security Services (ISS) of two members of its staff from travelling to
the West Bank via Beit Hanoun (“Erez”) crossing for a work-related mission. The
members of staff in question were lawyer Eyad al-Alami, PCHR’s Deputy Director
for Administrative and Legal Affairs and Head of Legal Unit, and lawyer
Mohammed Bseiso.

 

In the petition, PCHR calls for the High Court to issue a preliminary
decision, approving the application in form and obliging the defendant, the Minister
of Interior and National Security, represented by the Attorney General in the
Gaza government, to reveal the reasons for the decision to prevent the two
applicants from travelling via Beit Hanoun crossing, a measure which constitutes
a violation of law. PCHR also called for the High Court to issue an immediate decision
that allows applicants to travel in accordance with the law.

 

The High Court set a date for a hearing on Tuesday, 14 May, to consider
the petition filed by PCHR.

 

In the same context, on 13 May 2013, PCHR sent a letter to the Attorney General
in the Gaza Strip, calling on him to take the following steps: explain the reasons
behind the decision to prevent PCHR staff members from travelling; give explicit
and urgent orders to the concerned authorities in order to facilitate their travel
via Beit Hanoun crossing; and abolish the decision which obliges civilians to
obtain a prior permit, as it violates due process, including Article 28 of the
Palestinian Basic Law, which states that it is a violation of the law to
prevent a person from leaving his homeland, and Article 20, which guarantees
the right of individuals to “freedom of residence and movement”. 

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