Ref:
102/2010

The
Palestinian Center for Human Rights (PCHR) condemns the Palestinian police’s
decision to ban a celebration marking the anniversary of the late President,
Yasser Arafat, in Gaza on Thursday, 11 November 2010. PCHR Emphasizes that the right to peaceful
assembly is guaranteed under the Palestinian Basic Law and international relevant
standards.

According
to investigations conducted by PCHR and the testimony of Khaled Abu Sharekh,
the Media Coordinator for the National Action Body, on 6 November 2010, the
National Action Body presented a request to the Police Chief in the Gaza Strip,
Brigadier Javmal al-Jarrah, to obtain a license in order to hold a celebration
marking the sixth anniversary of the death of the late President, Yasser Arafat
(Abu ‘Ammar), in al-Katiba square, in the west of Gaza City, on Thursday 11
November 2010. However, Abu Sharekh
received a phone call from the Police Operations’ Department last Tuesday, 9
November 2010, informing him that he had not been granted a license to hold the
celebration without giving any clear reason.

On
Wednesday, 10 October 2010, the spokesperson of the Palestinian Police, Captain
Ayman al-Batniji, said to PCHR’s field workers that the Palestinian Police
banned the celebration for security reasons and for fear of the recurrence of
what had happened in a similar celebration organized by Fatah Movement in 2007,
as many persons were killed and wounded.

In
light of the above, PCHR

1. Condemns the Police’s decision to ban the celebration or any other
activities commemorating the death of the late President, Yasser Arafat;

2. Emphasizes that the right to peaceful assembly is guaranteed under
article (26/5) of the Palestinian Basic Law and Law No. 12 (1998) on Public
Meetings,

3. Emphasizes that the police has no right to license or reject any
public meeting, or peaceful demonstrations, or any other type of peaceful
assembly, and that the law provides that organizers should only
“inform” the governor or police, as the police has the right to take
measures to “organize the traffic”;

4. Notes that the Executive Regulation on the Law of Public Meetings that
was issued by the late President, Yasser Arafat, as then Minister of Interior,
violates the text and spirit of the Law of Public Meetings mentioned above and
the Basic Law. PCHR reiterates its call
for demolishing or amending the Executive Regulation in a way meeting the law;
and

5. Confirms that the core and philosophy of the law are to inform
(Notify) the concerned parties of any activities or meetings in order to take
the necessary measures to protect of participants, ensure the security and
safety of persons, and maintain security and public order.