Ref: 49/2013
Date: 12 May 2013
Time: 11:21 GMT

The Palestinian Centre for Human Rights (PCHR) strongly condemns the decision of Internal Security Services (ISS), stationed at Beit Hanoun Crossing (Erez), to prevent lawyer Eyad al-Alami, PCHR’s Deputy Director for Legal Affairs, and lawyer Mohammed Bseiso from traveling to the West Bank this morning. The two lawyers were leaving for an official mission related to PCHR’s Legal affairs. PCHR calls upon the government in Gaza to intervene in order to put an end to these illegal measures and unjustified decisions which restrict the constitutionally guaranteed right of civilians to freedom of movement, and to ensure respect for the right freedom of movement. PCHR also calls upon the Government to allow people to move freely, especially, in light of restrictions imposed on Palestinian civilians’ movement by the Israeli forces.

At approximately 11:00 on Sunday, 12 May 2013, Mr. Eyad al-Alami and Mohammed Bseiso arrived at the checkpoint of the Ministry of Interior near Beit Hanoun crossing, in the northern Gaza Strip, and handed their ID cards to an officer in order to complete the procedures of traveling to the West bank. Al-Alami and Bseiso were on their way in an official mission related to following up legal cases of victims of the Israeli offensive on the Gaza Strip; prisoners held in Israeli jails; medical referrals of patients from the Gaza Strip for treatment abroad, and; other humanitarian cases. The aforementioned officer asked the PCHR’s staff members to wait. After approximately half an hour he told them that they were prevented from traveling and that they had to refer to the Ministry of Interior in Gaza for obtaining a travel permit.

It should be noted that in October 2012 PCHR applied to the Israeli authorities for obtaining travel permits to travel to the West Bank. Although those applications were rejected several times, after legal follow-up and interventions they received permission, so that they would be able to travel on Sunday.

PCHR is shocked by the ISS officers’ behavior towards its staff, and stresses that:

• A decision to prevent travel and restrict the right to freedom of movement can only be made by judicial order, in accordance with Article 11-2 of the Palestinian Basic Law, which stipulates that “it is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order […]”, and Article 20 of the Law, which stipulates that “Freedom of residence and movement shall be guaranteed […]”; and

• The imposition of a ban on travel by the ISS or any other executive body is illegal, according to the above Article 11-2, as well as Article 28 of the Law, which stipulates that “No Palestinian may be deported from the homeland, prevented or prohibited from returning to or leaving it […]”.
• Its staff was on their way to an work related mission related to following up legal cases of victims of the Israeli offensive on the Gaza Strip; prisoners held in Israeli jails; medical referrals of patients from the Gaza Strip for treatment abroad; and other humanitarian cases.
In light of above, PCHR:

1. Calls upon the government in Gaza to intervene in order to put an end to these illegal measures and unjustified decisions which restrict the constitutionally guaranteed right of civilians to freedom of movement, and to ensure respect for the right to freedom of movement in light of the restrictions imposed on Palestinian civilians by the Israeli forces.
2. Stresses that it reject, in its entirety, the decision issued on 27 February 2013, by the Ministry of Interior, which states that civilians who wish to travel via Beit Hanoun crossing must obtain a prior permit from the Ministry. This decision violates the Palestinian Basic Law. PCHR highlights that it will not acknowledge this decision as it constitutes further restriction of the right to freedom of movement, in addition to Israeli restrictions imposed on the Palestinian civilians