Ref: 13/2011
The Palestinian Centre for Human Rights (PCHR)
condemns the detention, beating and insulting of seven young Palestinians who
were carrying Palestinian flags and slogans calling for an end to the ongoing
fragmentation by the General Investigation Service (GIS) near the offices of
the International Committee of the Red Cross (ICRC) in Gaza city. PCHR also
condemns the detention of an additional six young Palestinians who were
distributing Palestinian flags to official institutions near al-Shifa hospital
as part of their mobilization to put an end to the Palestinian fragmentation.
PCHR calls upon the government in Gaza and its security services to respect
Palestinian civilians’ rights to freedom of expression and peaceful assembly,
which are guaranteed by the Constitution and by international human rights
instruments.
According to PCHR investigations and statements
given by one of the released detainees[1],
at approximately 10:30 on Monday morning, 07 March 2011, approximately twenty
young Palestinians headed to the ICRC office in al-Jalaa Street in the center
of Gaza city, where families of Palestinian prisoners detained in Israeli jails
were organizing their weekly vigil outside the ICRC. The First Deputy Chairman
of the Palestinian Legislative Council, Ahmed Bahar, was participating in the
vigil. The twenty young Palestinians carried Palestinian flags and banners
calling for an end to the Palestinian fragmentation. The members of the
security services who were near the vigil arrested seven of these young
Palestinians and transferred them to al-Abbas police station, where they were
detained and questioned by the GIS. The detained Palestinians were beaten and
insulted by the security officials who transferred them to the police station
and by the GIS members who questioned them. They were released at approximately
13:30 on 07 March after being forced to sign a pledge to abide by the law and
to notify the Ministry of Interior of their participation in any peaceful
assemblies.
In a separate event on at approximately 14:30
on Sunday, 06 March 2011, the Palestinian police detained six young
Palestinians who were carrying Palestinian flags near al-Shifa hospital, in the
western Gaza Strip. The young Palestinians were transferred to the GIS office
in al-Abbas police station. During their detention, they were questioned about
personal information, their political affiliation, the aims of their assembly
and reasons why they did not obtain prior permission from the Ministry of
Interior. They were forced to sign a pledge to abide by the law and to notify
the Ministry of Interior of their participation in any peaceful assemblies.
They were released at approximately 20:00 o’clock of the same day.
One of the released detainees[2]
gave the following testimony to a PCHR fieldworker:
“At approximately 14:30 on Sunday, 06
March 2011, I met five of my colleagues who are members of the 05 June Group
Aimed at Ending the Fragmentation which is active on the Facebook website. We
met near al-Shifa hospital to distribute Palestinian flags to official
institutions. We hung the Palestinian flag over al-Shifa hospital. We left the
hospital and walked to the Palestinian Legislative Council. Near the hospital,
we were stopped by a police vehicle and one of the policemen asked us to show
him our permission from the Ministry of Interior. We told him that our activity
does not require any permission from the Ministry of Interior. He then asked us
to remove the Palestinian flags that we had tied around our heads and arms. We
refused to remove the flags and the policemen forcefully removed them and drove
us to the GIS office in al-Abbas police station. After two hours of detention,
a GIS officer questioned every one of us separately. The questioning focused on
personal information, political affiliation, goals sought from the assembly and
our leadership. Then they required us to collectively sign a pledge to abide by
the law, commit to Islamic ethics and morals, report any offenses against
public order, and refrain from participating in any assemblies not authorized
by the Ministry of Interior. We refused to sign this pledge and they detained
us again until a number of high profile public figures intervened. We signed a
pledge to abide by the law and notify the Ministry of Interior of our
participation in any assemblies. We were released at approximately 20:00
o’clock on the same day.”
In view
of the above, PCHR:
1. Stresses that
the right to peaceful assembly is guaranteed by Article 26 (5) of the
Palestinian Basic Law and Article 2 of Law no. 12/1998 Concerning Public
Assemblies, which states that: “Palestinians shall have the right to
organize public meetings, seminars and demonstrations freely. No prejudice may
be made to this right and no restrictions may be imposed on it unless in
accordance with the provisions of this Law.”
2. Stresses that
an assembly of less than fifty Palestinians in a public location is not a
public assembly that requires notification of the police chief or the governor.
Article 1 of Law no. 12/1998 Concerning Public Assemblies defines a public
assembly as “Any public assembly organized in a public open location to
which more than fifty persons at least are invited.”
3. Calls upon the
government in Gaza and the security services to respect Palestinians’ rights to
freedom of expression and peaceful assembly, which are guaranteed by the
Constitution and by international human rights instruments.
