Ref: 73/2013
Date: 02 July 2013
Time: 11:05 GMT

The Palestinian Center for Human Rights (PCHR) is concerned for the decision taken by the Supreme Court in Gaza on Tuesday, 02 July 2013, to adjourn consideration of PCHR’s application for instructing the Ministry of Interior to explain reasons for preventing its staff from traveling to the West Bank.

The Court adjourned considering the application to the hearing of 08 September 2013 to study the case and decide on it, while allowing mutual final submissions within two weeks, although PCHR’s application is not an ordinary one and is characterized by urgency. The adjournment will cause damage to the applicants and remove the urgency of the application, a characteristic which is provided under Article 291 of the Code of Civil and Commercial Procedures No. 2 of 2001, which states: “The Court shall immediately issue its judgment on an application, either rejecting it or cancelling or modifying the challenged decision, producing legal effect.”

During today’s hearing, PCHR lawyers presented a document folder that included a press release on questioning the Minister of Interior by the Palestinian Legislative Council concerning restricting the right of citizens to travel; the Ministry of Interior’s reply to PCHR lawyers on its official page on a social network admitting that the ban on travel is not based on the law, but it is important at the security level; a complaint submitted by PCHR to the Attorney General concerning preventing its staff from traveling; and the decision of the Council of Ministers no. 72 of 2013 which explains procedures of the ban on travel.

This hearing had been preceded by six successive hearing since 14 May 2013. It is expected that the application will be later subject to administrative postponements due to changes that will be to the panel considering the application.

It should be noted that PCHR filed a petition on 12 May 2013 challenging the decision taken by the Internal Security Service of the Ministry of Interior in Gaza to prevent two of its staff members: Lawyer Eyad Alami, Deputy PCHR Director for Legal and Administrative Affairs; and Lawyer Mohammed Bseiso, from traveling through Beit Hanoun (Erez) crossing to the West Bank for a work mission.

In its petition, PCHR demanded the Supreme Court issue a preliminary ruling to accept the application in form, and to obligate the Minister of Interior in the Gaza government (the respondent) to provide the reasons for preventing the applicants from traveling through Beit Hanoun crossing in violation of the law. PCHR demanded also issuing a final decision outlawing the respondent’s measure and allowing the applicants to travel in accordance with the law.

PCHR is concerned for the decision of adjourning considering its application. PCHR views the adjournment to 08 September 2013 as a form of unjustified procrastination.