Ref: 65/2013
Date: 20 June 2013
Time: 10:00 GMT

The Palestinian Centre for Human Rights (PCHR) denounces the Anti-Drug Police’s raids on a number of cafés, arbitrary and degrading search campaigns against café customers and the attack of a civilian. PCHR calls upon the government in Gaza to issue firm decisions in order put an end to the illegal and degrading measures that violate the safety and tranquility of civilians. In addition, PCHR calls upon the Attorney General to investigate these incidents, including the attack on a civilian.

According to investigations conducted by PCHR and testimonies of a number of café owners and eyewitnesses, on Monday and Tuesday evening, 17 and 18 June 2013, the Anti-Drug Police raided a number of cafés: al-Karawan café and Ranoush café in Omar al-Mukhtar Street in the west of Gaza City; al-Sawafiri and Arafat café and Istanbul café in the Sheikh Ejleen neighborhood on Gaza beach; and Tal al-Qamar café near the al-Maqousi neighborhood, north of Gaza City. The Anti-drug officers, who were in uniform, pointed their guns inside the cafés. They also ordered the workers and customers to stand up to be searched and also searched the cafés’ contents. The Anti-drug officers justified their practices by looking for Tramadol drug.

An eyewitness stated that at approximately 19:30 on Monday, 17 June 2013, the Anti-drug police raided al-Karawan café. They immediately ordered all persons, including workers and customers, to stand up and raise their hands to be searched. An eyewitness added that an officer slapped the café owner on the face as the latter requested a search warrant from the public prosecution. He highlighted that an elderly person sitting in the café, was also publicly humiliated for staying in such a place.

In light of the above, PCHR underscores the following:

1. Even if the police have the right to search premises by a warrant from the public prosecution, this right should not be abused in a way that may degrade human dignity or violate civilians’ privacy;
2. Raiding public places, pointing guns and inhumane treatment against customers constitutes a violation of the right to safety and tranquility and a form of degrading treatment;
3. Legally, a civilian is innocent until proven guilty according to legal procedures and a fair trial, and not all civilians are suspects before law enforcement officers until proven innocent. The Anti-drug police’s intervention and searching of cafés is unacceptable and unjustified;
4. PCHR condemns the attack on a civilian merely asserting his right to request that officers provide a search warrant from the public prosecution. It also highlights the right for civilians to see search warrants issued by the prosecution held by the searching law enforcement officers before a search takes place; and
5. A search warrant is issued against a person accused of committing or being involved in a felony or an offence. A warrant should be reasoned and be issued in accordance with the Code of Criminal Procedure 3/2001.

Therefore, PCHR:

1. Calls upon the government in Gaza to issue firm decisions to put an end to the illegal and degrading measures that violate the safety and tranquility of civilians. It also urges the government to take necessary measures to maintain and respect public freedoms of civilians that are constitutionally guaranteed and under the relevant international standards;
2. Calls upon the Attorney General to investigate the incidents, including the attack on a civilian, and to reveal the results of investigations;
3. Calls upon the Palestinian security services to respect international human rights standards, Palestinian Basic Law and relevant laws; and
4. Emphasizes the victims’ right to resort to judiciary to claim for compensation for the psychological impact of such attacks.