Ref:
67/2011
The Palestinian center for Human Rights (PCHR) is gravely concerned
over the Gaza government Interior and National Security Minister’s decision to
dissolve Sharek Youth Forum in violation of the Palestinian Basic Law and the
Charitable Associations and Community Organizations Law No. 1/2000.
On 12 July 2011, Fathi Hammad, the Gaza government Interior and
National Security Minister, issued Decision No. 31/2011 Concerning the
Dissolution of Sharek Youth Forum. Hammad reasoned this Decision in Article 1
stating that: “1. The Gaza Branch was not licensed by the Ministry of
Interior in Gaza, and 2. The Forum violated public order and morals as concluded
by investigations conducted by the Attorney General.” It should be noted
that this Decision was taken by the Interior and National Security Ministry
before pronouncing the final decision of the High Court of Justice in this
regard. In its session dated 27 June
2011, the High Court of Justice accepted the appeal filed by Sharek and demanded
“the respondents to explain the reasons preventing the appellant from
resuming its activities within 15 days starting from that date.”
This decision is part of a series of arbitrary measures taken
against Sharek Youth Forum over the past few months. These measures include summoning members of
Sharek Youth Forum, searching Sharek’s offices and confiscation of contents of
these offices. The culmination of these measures was a decision taken by the Attorney
General in Gaza, Mohammed Abed, on 29 November 2010 to close Sharek’s offices
in Gaza until the conclusion of investigations. The security services also closed Sharek offices in Jabalya and Rafah
although no decisions were taken to close these offices.
Following the publication of this Decision, PCHR sent a letter to
the Prime Minister in Gaza, Mr. Ismail Haneyehon, on 16 December 2010 calling
for the reopening of Sharek’s offices in the Gaza Strip, noting that the
decision to close Sharek clearly violates the provisions of the Palestinian
law.
PCHR expresses reservations over the Gaza government Interior and
National Security Minister’s decision as it violates the Charitable
Associations and Community Organizations Law No. 1/2000.
- The introduction of the Decision reads
that following consideration of applicable laws and powers legally granted
to the Minister and “with the purpose to maintain the Palestinian
social structure and in accordance with the requirements of the public
interest, it has been decided ….” Maintaining the social structure
which is mentioned in the Minster’s Decision was not mentioned in the law;
however, this structure can be maintained by respecting the law and the
rule of law, not by violating the law. The legal rule explicitly states
that: “No jurisprudence may be presented as long as there are legal
provisions.” In this case, the provisions of the law are explicit as
regard to the dissolution of Sharek. The measures that have been taken taken
have nothing to do with the law.
- The first reason for taking this Decision
as expressed by the Minister, “the Gaza Branch was not licensed by
the Ministry of Interior in Gaza,” is surprising especially as Sharek
and its main office in Jerusalem was registered at the Palestinian Authority
Ministry of Interior in 2004 and at the Ministry of Youth and Sports in
2005. According to Article 15 (2)
of the Charitable Associations and Community Organizations Law No. 1/2000,
an Association has the right to open branches within Palestine, thus
opening new branches for Sharek in the Gaza Strip does not require new
registrations.
- The second reason for taking this Decision
as expressed by the Minister is that “the Forum violated public order
and morals as concluded by investigations conducted by the Attorney
General.” Basing the Minister’s Decision on investigations conducted
by the Attorney General does not have any legal basis as these
investigations were conducted in violation of Article 120 (4) of the Penal
Code No. 3/2001 which states: “Detention duration may not, in any
case, be in excess of 6 months, otherwise the accused person shall be released
unless he/she is referred to a competent court for trial.” Thus, the
allegation regarding the investigations conducted by the Attorney General
as mentioned in the Minister’s Decision are in violation of the law and
cannot be considered, especially as six months have passed since the
Attorney General announced opening investigations into violations that
took place in Sharek. The investigations of the Attorney General cannot
constitute a basis on which one can depend as long as no indictments were
presented to a competent court to take a decision. None of the persons who
were placed under investigations were required to appear before a judge in
accordance with the requirements of the law.
- Article 3 of the Minister’s Decision is in
violation of Article 38 (2) of the Charitable Associations and Community
Organizations Law No. 1/2000 which states that: “If the decision to
dissolve an association or organization is appealed before a competent
court, the concerned association or organization may resume its activities
until a permanent or final court decision is taken to suspend the
activities of this association/organization or to dissolve it.”
Sharek Youth Forum had filed two applications at the High Court of Justice
against the Attorney General’s decision and filed a third application with
the Magistrates Court in presence of one party concerning the imposition
of precautionary seizure on Sharek’s property.
It should be noted that Sharek Youth Forum is a major partner of
the Ministry of Youth and Sports and UNDP, and it provides services to hundreds
of Palestinian families in the Gaza Strip in line with Article 10 of the
Charitable Associations and Community Organizations Law No. 1/2000 which states
that: “The relationship between associations and organizations with
competent ministries shall be based on coordination, cooperation and
integration for the purpose of serving public interests.”
In view of the above, PCHR calls upon the government in Gaza to:
1. Cancel
the decision to dissolve Sharek Youth Forum in Gaza as it violates the
Palestinian Basic Law and the Charitable Associations and Community
Organizations Law No. 1/2000, reopen its offices and allow it to resume its
activities.
2. Respect
the right to form associations in accordance with the Palestinian Basic Law and
the Charitable Associations and Community Organizations Law No. 1/2000.
