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Palestinian Human Rights Organisations Council Stands in Solidarity with Al-Haq

The Palestinian Human Rights Organisations Council (PHROC) is gravely concerned with ongoing attacks against Al-Haq, in particular the death threats targeting its employees, including its General Director, Mr. ShawanJabarin, by external and organised sources. PHROC stands in solidarity with Al-Haq along with other Palestinian human rights organisations confronting the Israeli occupation by promoting the rule of law as a means to attain freedom and the right to self-determination for the Palestinian people.

Recent attacks against Al-Haq and Al-Mezan Centre for Human Rights are reminiscent and constitute part of malicious defamation campaigns targeting Palestinian human rights organisations. PHROC calls on the Palestinian people to take note and precautions and defy suspects grabbing on to these campaigns, given the rising role of human rights organisations in exposing crimes of the occupation.

PHROC affirms that such campaigns will not hamper Palestinian human rights organisations from carrying out their role of continued defence of human rights. PHROC continues to support human rights organisations seeking to hold accountable – by various means including the International Criminal Court – the Israeli occupying authorities in all ranks for crimes that have been committed against Palestinian civilians in the Occupied Palestinian Territory. PHROC strongly believes that the prominent role of Palestinian human rights organisations, including Al-Haq, in documenting crimes committed by the Israeli occupation and prosecuting perpetrators for such crimes is the reason behind these campaigns.




PHROC and ICHR Call on Authorities to Respect the Parliamentarian Immunity of PLC Member Dr. Najat Abu Baker and Put an End to Infringements on Rights & Freedoms

A statement was issued by the office of the Public Prosecutor on Wednesday, 24 February 2016 stating that Dr. Najat Abu Baker, member of the Palestinian Legislative Council (PLC), is to be brought before the Public Prosecutor for “criminal offenses under the penal code”. This was followed by an arrest warrant issued against Dr. Abu Baker, as well as an attempt to arrest her from in front of the PLC headquarters in Ramallah on 25 February. Dr. Abu Baker has started a sit-in in the PLC building in Ramallah since 25 February and plans to remain there until the arrest warrant against her is revoked by the Public Prosecutor.

The Palestinian Human Rights Organizations Council (PHROC) and the Independent Commission for Human Rights (ICHR) affirm that parliamentarian constitutional immunity must be respected in accordance with the Palestinian Basic Law and the PLC law on duties and rights of PLC members, which constitute one of the main constitutional principles and guarantees for PLC members to carry out their tasks of monitoring the executive authority’s actions, seeking and ensuring accountability, as well as promoting public rights and freedoms.

PHROC and ICHR condemn the Public Prosecutor’s actions of issuing an arrest warrant against Dr. Abu Baker, in contravention of the Basic Law and the Criminal Procedures Code. The arrest warrant also constitutes a blatant violation of parliamentarian constitutional immunity enjoyed by PLC members.

The case of Dr. Abu Baker comes within a context of deteriorating public freedoms in Palestine as the executive authority’s approach has disregarded the rule of law. This is exemplified in the teachers’ strike, cases related to freedom of media and expression, instances of arbitrary arrests, as well as restrictions imposed on civil society and non-profit organizations. If these are not tackled wisely by the executive authority, i.e. ensuring the implementation of law, institutions will be weakened and the rule of law will be eroded.

In light of this, PHROC and ICHR demand the following:

  1. The Deputy Public Prosecutor should review its recent decisions and end the implementation of procedures that infringe upon parliamentarian constitutional immunity enjoyed by members of the PLC.
  2. The political sphere, represented by the President of the State of Palestine, Mahmoud Abbas, should put an end to the current deteriorating human rights and freedoms situation; find solutions for the current crisis through dialogue and observing the rule of law.
  3. Call on the PLC to convene and carry out its constitutional tasks of legislation and monitoring the executive authority and its apparatuses, which will contribute to restoring unity amongst institutions, until public presidential and parliamentary elections take place, as soon as possible.

 

  

 




Hurryyat Statement about Teachers Strike of Public Sector

The Center for the Defense of Liberties and Civil Rights “Hurryyat” followed up the strike of the Palestinian public sector teachers to demand their legitimate rights agreed upon by the government since years but never applied. Hurryyat affirmed that the demands of the teachers are legitimate and fair and that abiding by these demands will reflect positively upon the teachers, the students and the Palestinian society in general.

The mobility of the Palestinian public sector teachers claiming their rights through democratic methods consistent with the basic rights of the Palestinian citizen, the Palestinian Basic Law and all international legislation, is a legitimate act and a right that no Palestinian commission or citizen should be deprived from. The attempts to adumbrate the fair demands of the teachers calling it a political movement is a blatant attempt to do away with the benefits of such a vital Palestinian society.

Hurryyat Center is outraged due to the detention of some teachers as a result to exercising their democratic right and it calls for releasing them immediately and calls this act a violation of a fundamental right of the Palestinian citizens.




Urgent Action: Phroc Condemns High Court Decision Regarding Hunger-Striking Administrative Detainee Mohammad Al-Qeiq And Calls For Immediate Action

The Palestinian Human Rights Organizations Council (PHROC) expresses its severe condemnation of the Israeli High Court decision of 16 February 2016 rejecting the demands of hunger-striking administrative detainee Mohammad Al-Qeiq of being released and transferred to a hospital in Ramallah. This decision is especially troublesome given Al-Qeiq’s dire and deteriorating health condition, and PHROC considers it to be tantamount to imposing the death penalty on Al-Qeiq.  Al-Qeiq’s health has worsened over the past two weeks, and Al-Qeiq has lost consciousness numerous times due to the continuation of his hunger strike, which has lasted for 86 days. PHROC is therefore deeply concerned that Al-Qeiq may suffer a heart attack due to his deteriorating medical condition. PHROC also condemns the High Court’s decision not to release and transfer Al-Qeiq given that he is being held without trial or charge, and his health condition negates the possibility that his release would pose any viable security risk. Mohammad Al-Qeiq, a 33-year-old Palestinian journalist from Ramallah, was arrested by the Israeli Occupation Forces (IOF) from his home without an arrest warrant on the 21st of November 2015 and has been held since then without charge or trial. Al-Qeiq began a hunger strike on the 25th of November 2015, in protest of his administrative detention.  As with all other administrative detainees, Al-Qeiq’s detention is based on secret information to which he and his attorney do not have access. The military court judge has claimed that the secret file includes information indicating that Al-Qeiq encouraged incitement through his journalism.

PHROC also strongly condemns the forced treatment of Mr. Al-Qeiq, who has been given medical treatment against his will. Mr. Al-Qeiq has been hand-cuffed to the hospital bed despite his critical condition and has been subjected to degrading and ill-treatment at the hands of Israeli prison guards and the Israeli Prison Service. We express our grave concern that such practices violate the human dignity and personal autonomy of detainees, and may amount to torture. We are further concerned that if Al-Qeiq continues his hunger strike, he may be forcibly-fed by the Israeli government, as it refuses his release. Israel’s force-feeding law has been condemned by both the UN Special Rapporteur on Torture and the UN Special Rapportuer on the right to health.

PHROC holds that the use of administrative detention as a policy practiced by the occupying state is systematic and arbitrary, and in contravention of international law. The use of administrative detention has attracted widespread condemnation from local and international organizations as a violation of fundamental human rights as stated by the European Union on the 27 January 2016, which expressed “their longstanding concern about the extensive use by Israel of administrative detention without formal charge.”

Therefore, PHROC calls on all international organizations, including the United Nations, the International Committee of the Red Cross, the European Union, and all High Contracting Parties to the Fourth Geneva Convention to fulfill their obligations towards protecting human rights and enforcing the implementation of international humanitarian law, especially when grave breaches are being perpetrated in times of war and occupation. We call on the aforementioned actors to push the Israeli government to immediately release Al-Qeiq and pressure Israel to end the use of administrative detention as practiced by the Israeli Occupation Authorities.

 




Palestinian Human Rights Organizations Council (PHROC) statement on BDS movement

For decades, Israel has failed to uphold its duties as Occupying Power and has instead deepened its occupation and regime of colonialism and apartheid. Human rights violations rising to the level of international crimes, including unlawful killings, torture, forced transfer, and other forms of collective punishment have become the norm. Rather than uphold their responsibilities under international law and take measures to hold Israel accountable, third states have largely turned a blind eye.

Although world governments and international and regional bodies, like the United Nations and the European Union, still lack the political will to hold Israel accountable, the Boycott, Divestment, and Sanctions (BDS) movement has grown to provide an important nonviolent counter-narrative and alternative for achieving the enjoyment and exercise of freedom, dignity, and justice for Palestinians.

The 2005 BDS call, issued by Palestinian civil society, and the Palestinian BDS National Committee (BNC), which leads the global movement, both affirm that BDS is inclusive, rejects all forms of racism and discrimination, and does not target any person or entity based on their respective identity. Rather, the movement targets Israel’s occupation and oppression of Palestinians. Corporations and institutions that aid, abet, or profit from Israel’s denial of Palestinian rights also fall within the purview of the movement. 

As the impact of BDS grows, so too do efforts by Israel,  its lobby groups, and supporters to vilify, smear, and attempt to criminalize the movement. Many attempt to falsely associate the nonviolent  movement with discrimination or anti-Semitism; such claims are not only baseless, but also unjustly trample on the rights to freedom of expression and protest, amongst others. 

Accordingly, it has become imperative for the Palestinian Human Rights Organizations Council (PHROC) to reiterate the universality of these human rights. PHROC affirms the right of all individuals to participate in and advocate for boycott, divestment, and sanction actions, and calls on states and businesses to uphold their related legal responsibilities.

Click here to download the full paper of the ” Palestinian Human Rights Organizations Council (PHROC) statement on BDS movement “:http://demo.hurryyat.net/wp-content/uploads/2019/01/Phroc-BDS-8-2-2016.pdf




PHROC’s Commentary on the Higher Media Council

The Palestinian Human Rights Organisations Council (PHROC) is dismayed with the executive authority’s decision not to publish the Decision by Law 2015 regarding the Higher Media Council in the public newspaper. The law was ratified on 15 December 2015 by the Council of Ministers and was then issued by the President on 29 December 2015. PHROC affirms that the law remains ineffective until it is published and that it is essential that the President retreats from signing the Decision by Law. PHROC calls for a system that is consistent with international standards and ensures legislative harmony through which legislation concerning media and opinion can be addressed. PHROC also calls on the elimination of the Ministry of Information’s role in this regard and  the establishment of an independent and active Higher Media Council.

PHROC would like to that this opportunity to present its commentary on the process of the preparation and issuance of the aforementioned Decision by Law as well as its implications:

  1. The draft Decision by Law on the Higher Media Council tackles a basic human right; the right to freedom of expression and opinion, namely freedom of the press. However, it was ratified and issued without prior discussion with civil society. This disregard for civil society, given the absence of a legislative authority, has become an approach and a public policy used by the executive authorities when issuing special legislation. Consequently, transparency and the principle of integration as a basis for good governance are threatened.
  2. PHROC underlines that it was unaware and uninvolved in the preparation and issuance process of the Decision by Law on Higher Media Council. PHROC was not informed about the committee that drafted the Decision by Law nor who it represented. PHROC confirms that substantive and fundamental observations provided by human rights and media institutions on the Higher Media Council draft law of 2011 were completely disregarded and not taken into consideration in the provisions of the Decision by Law of 2015. This form of neglect for civil society and relevant stakeholders is unjustified and unacceptable as it seeks to alienate them from effective participation and partnership, the need for which was discussed during the National Development Plan 2014 – 2016 but has clearly been ignored.
  3. The State of Palestine has acceded, without reservations, to many international covenants and treaties, entailing international obligations to enforce these rights within the State’s legislation, public policies and practices. However, the mentioned Decision by Law violates international standards and provisions of the Palestinian Basic Law relevant to the freedom of opinion and press. According to PHROC’s documentation, there has been a sharp rise in human rights violations, particularly the freedoms of opinion and press, following Palestine’s accession. This raises serious questions about the importance and implications of Palestine’s accession, and especially the political will, to implement the rights and freedoms guaranteed in the covenants and
  4. PHROC believes that the committee that drafted the Decision by Law on the Higher Media Council did not observe provisions of the following international standards: Article 19 of the International Covenant on Civil and Political Rights (ICCPR); General Comment No 10 on Article 19 of the Human Rights Committee; the annual reports issued by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; as well as the resolutions of the General Assembly and the Human Rights Council in this regard. This reflects negatively on the State’s official report on the ICCPR. PHROC retains its right to highlight these violations in its ICCPR parallel report submitted to the United Nations human rights committee.
  5. The Board of Directors of the Higher Media Council comprises a chairman and 15 members. The Secretariat of the Council is also appointed by the President and the Council of Ministers. Therefore, a tight control over the Higher Media Council is secured by the government and the President. Clearly, the basis for selection lacks any professional, objective and transparent principles. The Decision by Law also included that the Ministry of Awqaf and Religious Affairs a member of the Council, which was not originally approved by the Council of Ministers. In addition, the Decision by Law ignores the role of the Legislative Council. It also ignores requirements of publishing periodic reports on the work and activities of the Council which ensures transparency and informs citizens. Instead the reports are limited to the President and Prime Minister only.
  6. As it proved to be useful and constructive, it might be worth considering the United Nations’ experience in the selection of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, which is based on a competitive process, and apply it to the selection process for the members of the board of directors for the Higher Media Council. From there, the board of directors will administer the rules and procedures for selecting a President, Vice President and a Secretary General, as well as its staff. Keeping in mind, the Decision by Law states that staff members from the Ministry of Information will be transferred to the Higher Media Council “as needed”, each retaining his/her title and benefits, and remain subject to the Civil Service Law and the law on retirement in the public sector. If anything, this shows that it is merely a shift in names from the Ministry of Information to the Higher Media Council without any change in substance. Moreover, the budget of the Higher Media Council will be included in the State’s general budget which jeopardizes its independence. It is necessary that the activities of the Council are funded by a clear mechanism through media institutions, supervised by UN experiences in facilitating grants and aid to the Council, and are exempted from taxes. This should be done in order to preserve the Council’s independence from the executive branch, and to affirm its role in defending the freedom of opinion and press and the promotion of rights and freedoms. By doing so, a competitive, free, pluralist media environment is created.
  7. Some of the objectives of the Higher Media Council as prescribed in the Decision by Law are vague. For example, the provisions on “adhering” to the highest national interest; and “harness the media” for the service of the Palestinian cause; and the “commitment” to national causes; the “optimal use” of the means of communication and concepts related to media institutions and sector, amongst others, are vague. This contradicts international standards, exemplified in the three-part-test to judge the integrity of any term used in the field of freedom of opinion and press at the legislative level. This test is stringent in order to guarantee public freedoms and ensure that all of the terms are consistent with the spirit of the right. Some of the objectives of the Council resemble a guardianship; reinstating laws rather than creating a free pluralistic media environment. In addition, the relationship between the Higher Media Council and State media is unclear. It is important to note that the legislative drafting of the Decision by Law is weak, includes unneeded repetition in the legal texts, and references to unknown laws.
  8. PHROC rejects the “licenses” system incorporated by non-democratic regimes for creating visual and audio-visual media outlets, and calls for an immediate review of the system which is in violation of international standards. Instead, a notification system could be used, as in democratic systems, where official authorities use the constitutional right of establishing media outlets as used on the legislative level according to the Public Meeting Law of 1998. This should be applied especially after Palestine joined the various international covenants. Particularly, Article 19 of the ICCPR; what has been confirmed in the Committee’s general comment; and the Special Rapporteur on freedom of opinion and the press. Noting that, the provisions of the Decision by Law grant the Higher Media Council the power to withdraw licenses, through a decision by the board of directors, without any set standards, in violation of Article 27(3) of the Basic Law, which prohibits the control of or halting the work of the press without a judicial order. The Decision by Law also grants the Council of Ministers the power to issue a special license system. The draft resolution of 2011 concerning audio-visual media includes temporary licenses that would be renewed after fulfilling the conditions and procedures of the Higher Media Council. In a nutshell, the status of media and press institutions remains threatened by either renewing or withdrawing the license which is controlled by the Council without any criteria.
  9. PHROC affirms its rejection of the license procedure used in non-democratic systems. Such a procedure requires prior approval by the security services to in violation of the Basic Law and international standards as well as the Council of Ministers’ decision 133 of 24 April 2012 during which it called to abolish such approval. This Council of Minister decision has yet to be implemented. In light of this, PHROC condemns and rejects this securityas it jeopardizes the rights and freedoms and moves us into a police-state. PHROC calls on the executive authorities to issue an explicit statement to permanently suspend this requirement as it amounts to a constitutional crime as per Article 32 of the Basic Law – with compensations to those who have already suffered damage.
  10. The committee that drafted the Decision by Law intended to drop judicial protection underscored in the Basic Law for media – which cannot be limited, voided, cancelled or restrained unless through judicial order – by replacing “in accordance with the law and under a court ruling” as prescribed in Article 27(3) of the Basic Law with “under the provisions of law or by a court ruling” as per Article 2 of the Decision by Law. Such amendment violates principles of the rule of law and the Basic Law. Article 27 of the Basic Law will continue to be a protector of the constitutional framework for all media that cannot be breached by regular or exceptional

Finally, PHROC is willing to embark on an advocacy campaign through various means in order to counter the systematic ignorance in the legislation and policies relating to freedoms of opinion and media whether on the Higher Media Council or the regulation of the audio-visual and electronic media and the right to information. PHROC is also prepared to counter the continuous violations against journalists and activists and media outlets through different means, whether within the framework of human rights law or international humanitarian law, while maintaining a judicial option to challenge any legislation that affect the Basic Law. PHROC insists that the role of the Ministry of Information must be eliminated and there must be a shift to the Higher Media Council, in  accordance with international standards. PHROC renews its call on the executive authority for an immediate cease of its deliberate disregard for existing legislation and public policies. PHROC urges the government and President of Palestine to take formal action to reverse the signing of the Decision by Law on the Higher Media Council, which was not published or reviewed by the civil society, to ensure its compliance with international standards. This should be done in order to achieve the set goals of defending freedom of opinion and media, as well as the promotion of rights and freedoms, and the creation of a pluralistic and competitive Palestinian media.

 




PHROC Calls for the Immediate Release of Hunger Striking Administrative Detainee Mohammad Al-Qeiq

The Palestinian Human Rights Organizations Council (PHROC) calls for the immediate release of hunger striking administrative detainee Mr. Mohammad Al-Qeiq, who is in a life-threatening condition and has been forcibly treated. We have been informed by attorneys, that Al-Qeiq has been unable to hear, see, speak or breath normally due to his unstable and critical medical condition. Al-Qeiq has lost consciousness numerous times due to his health condition, the deterioration of which may result in his death. PHROC condemns the High Court’s decision on 27th of January 2016 not to intervene for his release, especially considering the dire situation of his health, as he is being held without trial or charges, and his health condition negates the possibility that his release would pose any viable security risk.

Journalist Mohammad Al-Qeiq, a 33 year old Palestinian journalist from Ramallah in the West Bank, was arrested by the Israeli Occupation Forces (IOF) from his home without an arrest warrant on the 21stof November 2015 and has been held since then without charge or trial. Mr. Mohammad Al-Qeiq has been on hunger strike since the 25th of November 2015.  As with all other administrative detainees, Mohammad’s detention is based on secret information to which he and his attorney do not have access. The military court judge has claimed that the secret file include information indicating that Mohammad carried out incitement within his work as a journalist.

The Israeli occupation policy of administrative detention is used in a widespread and systematic manner, which violates international human rights and humanitarian law. Administrative detention may be only used in emergency situations, but requires that the authorities follow basic rules for detention, including a fair hearing at which the detainee can challenge the reasons for his or her detention. These minimum standards of due process have been clearly violated in Mr. Mohammad’s case, leaving him without any legitimate legal means to defend himself. The military court’s confirmation of his administrative detention order without demonstrating the presence of any clear evidence or conducting a serious investigation about the credibility of the information used against the journalist is arbitrary and contrary to international norms and conventions especially Article 78 of the Fourth Geneva Convention.

PHROC strongly condemns the forced medical treatment of Mr. Al-Qeiq, despite his refusal. Mr. Al-Qeiq has been cuffed to the bed in the hospital despite his critical condition and has been subjected to degrading and ill-treatment in the hands of Israeli prison guards and the Israeli Prison Service. We express our grave concern that such practices may amount to torture and severely violate the human dignity and personal autonomy of detainees. We also underline that the ill-treatment and torture following his arrest is what he reported to Addameer attorney Samer Sama’an pushed him to go on hunger strike. Mr. Al Qeiq continues to be on hunger strike in protest of his continued detention without charge or trial, despite his deteriorating health condition.

PHROC holds that the use of administrative detention as a policy practiced by the occupying state is systemic and arbitrary, in contravention with international law. The use of administrative detention has attracted widespread condemnation from local and international organizations as a violation of fundamental human rights. PHROC is concerned that the potential implementation of force-feeding on Al-Qeiq could amount to torture, and may result in his death. The practice severely threatens the human dignity of prisoners and detainees on hunger strike.

 




Hurryyat: the Decision of the Israeli Supreme Court Concerning Mohammad al-Qiq Equals Death Sentence

The Center for the Defense of Liberties and Civil Rights “Hurryyat” is gravely concerned about the decision of the Israeli Supreme Court to delay issuing a decision in the case of administrative detainee Muhammad al-Qiq who is on a hunger strike since 65 days which led to the deterioration in his health conditions putting his life at risk. The center considers this decision as on outrageous collaboration with the occupation authorities refusing to release him and exposing him to slow-death.

Al-Qiq’s strike against administrative detention is an extension of the individual and collective struggles against this policy. Despite these struggles and strikes, the occupation authorities have escalated the practice of administrative detention since the beginning of the popular outburst last October where the number of administrative detainees has exceeded 550 detainees including 4 minors. This reflects the occupation’s disregard for international law and the international organizations and committees who emphasized the illegality of arbitrary detention. Most recently, the European Union delegation to Palestine expressed their concern about the persistence of the administrative detention policy and about Muhammad al-Qiq’s life.

As Hurryyat welcomes this position, it looks forward to turn it into concrete lobbying practices against the Israeli government to stop this policy and release the administrative detainees.

Hurryyat also calls for a national Palestinian campaign against the administrative detention policy practiced violently against the Palestinian citizens of different ages, and to take this campaign to different levels until the Israeli authorities are forced to cancel this policy and release the administrative detainees.




PHROC supports the Statement of the Judges Association and Judges Club and Refuses the Suggestion to Amend the Law of the Judiciary Authority  

 

The Palestinian Human Rights Organizations Council (PHROC) follows up with a great interest the statement issued by the Palestinian Judges Club and the Palestinian Judges Association on Monday 11\1\2016 regarding the suggestion to amend the Judicial Authority law No. 1 issued in 2000. The Council values the role that the Judges Association and the Judges Club play in reinforcing the rule of law and the separation of powers, and in defending the need for judiciary independence and independent judges. Following the discussions and follow ups by the PHROC to discuss the latest updates since the issuance of the above mentioned statement, the Council asserts the following:

First: PHROC completely supports the statement issued by the Palestinian Judges Club and the Palestinian Judges Association considering them a civil institutional frame representing the Palestinian judges and expressing their aspirations and message.

 

Second: The Council affirms the necessity to respect and abide by the Basic Principles on the Independence of the Judiciary issued in 1985, and the International Guidelines on the Role of Prosecutors issued in 1990 for all matters related to the judiciary affairs and the guard of justice especially after the accession of the State of Palestine to many international conventions and their dues.

 

Third: The Council asserts its initial position rejecting any exceptional legislation that dismisses the role of the Palestinian civil organizations and that is not open for discussion by the social bodies to be revised and discussed sharing opinions about its different aspects and details before its adoption. The priority is given to the fundamental law concerned with the independence of the judiciary especially in the absence of the legislative council which owns the original constitutional authority in legislation and monitoring the performance of the executive authority.

 

Fourth:  the Council is largely concerned with the timing of the suggestion to amend the judiciary law and its denotations which might affect the fundamental concept of the Rule of Law principle that may strip the legal rule of its generality and particularity; characteristics that guarantee its acceptance and longevity, fulfilling the public interest and reaching its aim in achieving equality through providing equal opportunities far from any personal interests.

Fifth: The Council regards the constitutional constraint in article (43) of the Amended Basic Law stating the necessity “that cannot be delayed” as an excuse to issue a decree to amend the judiciary law number (1) of year 2002 published in the Palestinian government gazette on 18\5\2002, nonexistent. The Council asks President Mahmoud Abbas not to issue the decree to ensure the status and the independence of the judiciary and to maintain the separation of powers principle.

 

Sixth: The Council affirms its support to the statement issued by the Palestinian Judges Club and the Palestinian Judges Association on 7\12\2015 regarding the vacancy in the position of the head of the Supreme Court. The Council recommends that the head of the Supreme Judicial Council be chosen for their integrity, competence, neutrality and independence in accordance with the law provisions which support the institutional formation and active performance in the judiciary, and guarantee valuing the Rule of Law and the independence of the judiciary.

 

Seventh: The Council calls for an urgent session for the general body of the Palestinian Legislative Council in Gaza and the West Bank in accordance with the assets mentioned in the amended Basic Law and the internal framework of the Legislative Council. Moreover, it asks to immediately end the disaster of the absence of the Legislative Council for more than eight years and to assume its constitutional duties in legislation and observing the performance of the Executive Authority which contributes to the restoration of the institutions unity and to restore the Palestinian political system until conducting the general elections as soon as possible and reviving the legislations.

 

-The End-




A Recommendation to Activate the Media against the Occupation Policy Banning the Travel of the Prisoners and the Sick

Jenin – WAFA| The participants in a workshop held by the Center for the Defense of Liberties and Civil Rights “Hurryyat” in Jenin municipality hall titled “The Right to Travel and Movement” called for resisting the Israeli travel ban policy, the necessity and significance of activating the role of Media and coordinating between governmental and non-governmental organizations in order to raise the causes of the prisoners to the international courts.

They emphasized the necessity of activating the Arab role in this regard and strengthening the coordination between the organizations in order to expose the occupation practices and work on any ban imposed by the fellow countries.

The speakers also asserted the importance of activating and involving the Media and law to create variable programs serving the cause of prisoners and ailing detainees. They indicated as well the importance of the role that the Palestinian Embassies abroad could take through conducting seminars and conferences concerned with the cause of sick prisoners, especially the children.

The participants agreed on initiating their activities at the bridge area in Jericho to shed light on the travel ban policy in the nearest place to al-Karameh Bridge Crossing.

The executive director of the Center pointed to the remarkable increase in the arrests especially since the beginning of the popular outburst where the detainees are subjected to different kinds of torture, specifically the Jerusalemite detainees, in addition to detaining the bodies of martyrs without any intervention from the international community. He added that the Israeli Occupation crimes peaked through the security prohibition where the number of the banned from travelling has reached more than 50 thousand citizens in Hebron, 22 thousand citizens in Jenin and 22 thousand citizens in Tulkarm and Qalqilya.

The director of Hurryyat Center, Helmi Araj, mentioned the efforts of the Center in cooperation with different human rights organizations after forming a committee involving participants and those affected by the travel ban policy to resist the Israeli practices including depriving the Palestinians from their right to free travel and movement and to organize different activities.

He also stated that banning any citizen from travelling is a great crime and a major violation of the International Humanitarian Law and all international conventions which should be exposed and resisted in all possible ways.

The workshop was attended by representatives of public and private institutions, national parties, social activists, and local bodies.




The Resignation of the Special Rapporteur on the human rights situation inside the occupied Palestinian territory highlights the necessity of ending Israel’s impunity for grievous rights abuses

In light of the resignation of  the United Nations Special Rapporteur on the situation of human rights in the occupied Palestinian territory – Makarim Wibisono – on account of his “efforts to help improve the lives of Palestinian victims of violations under the Israeli occupation [being] frustrated every step of the way” by the Israeli occupying power, the Palestinian Human Rights Organizations Council (PHROC) takes this opportunity to thank Mr Wibisono for his valuable contribution to the promotion of human rights inside the occupied Palestinian territory (oPt).

This contribution includes – inter alia – Mr Wibisono’s drawing of attention to the brutal impact of Israel’s 2014 military assault on the Gaza Strip upon the resident Palestinian civilian population, and particularly the devastating consequences of this assault for Palestinian children; the identification of Israel’s closure of the Gaza Strip as constituting collective punishment of the civilian population; his noting of the causal link between official policies of the Israeli government and abhorrent settler attacks on Palestinians, and his highlighting of the parallel legal systems applied by Israel to Jewish Israeli settlers and Palestinians inside the oPt, with the implementation of such legal parallels being entirely consistent with recognized definitions of apartheid.

The role of the Special Rapporteur on the situation of human rights in the occupied Palestinian territory is of great importance. That this mandate exists is recognition of the special responsibility of the UN towards the Palestinian cause, the unique nature of a military occupation rapidly approaching its 50thyear, and of the extreme, resulting vulnerability of the rights of the occupied Palestinian populace. It is a mandate which provides a vital conduit through which awareness of the human rights situation in the occupied Palestinian territory can be raised. This subsequently serves to promote transparency, the protection of at-risk communities and accountability for perpetrators of rights abuses. Despite the extreme importance of the mandate, however, Israel has intentionally and relentlessly undermined the ability of the mandate to perform its essential function.

Since 2008, Israel has prevented the mandate from accessing the oPt. This refusal is far from an isolated incident, and represents merely the latest event in what has become a pattern of Israeli non-compliance with UN mechanisms. In January last year, Israel refused to grant a visa for former UN Special Rapporteur on Violence against Women, its Causes and Consequences, Ms. Rashida Manjoo, who had been invited by the Palestinian Authority to “obtain first-hand understanding of issues related to violence against women”. The Israeli occupying power has further refused to cooperate with independent UN-established investigations into grave human rights abuses within the oPt. Prominent examples of this non-compliance include the denial of entry to the West Bank in 2009 of the United Nations Fact Finding Mission on the Gaza Conflict following Operation Cast Lead, the denial of entry to all areas of the oPt in 2012 of the UN Fact-finding Mission on Israeli Settlements and the denial of entry to all areas of Israel and the oPt of the United Nations Independent Commission on Inquiry on Gaza 2014.

Mr Wibisono’s resignation is a damning indictment of Israel’s human rights credibility, and highlights a frustrating and dangerous pattern adopted by Israel towards the undermining and weakening of international human rights and justice mechanisms. The fact that such obstructive behavior goes largely unchallenged gives the impression that Israel is being given preferential treatment. Accordingly, third party states, regional bodies and organs of the United Nations must no longer accept this Israeli policy, demonstrably designed to frustrate external investigative processes and to prevent scrutiny of the catalogue of rights abuses, war crimes and crimes against humanity which originate from Israel’s ongoing occupation.

Addressing this completely unacceptable and unsustainable state of affairs therefore represents a matter of great urgency if the mandate – and UN investigatory processes generally – are to retain legitimacy and the ability to deliver tangible change. Establishing access to the oPt for independent, investigative bodies can only be realized through the application of concerted pressure by the international community through all available channels, including the implementation of sanctions, until such a time as Israeli actions are shown to adhere to international law.

 




Hurryyat: 270 Children in Ofer Prison, 10 of whom are 13

Ramallah – Hurryyat |Hurryyat Center issued a detailed report on the children conditions in Ofer prison who are exposed to harsh detaining conditions and continuous violations by the prison administration according to the visit of the center’s lawyer Ibtisam Anati to Ofer prison who inspected the conditions of children. She met prisoner Akram Amin Hamid from Silwad, sentenced to 17 years in prison, prisoner Abdul Fatah Doleh in charge of the children in Ofer prison, prisoner Shadi Shalaldeh national speaker of Ofer prison, and Mohammad Ariqat from Abu Dis.

Prisoner Akram Hammad said that Ofer prison has not witnessed any stability due to transfers between prisons and the daily arrests at the beginning of the popular outburst which caused pressure in prison, but the current situation is much better than before.

Prisoner Abdul Fattah said that the number of children prisoners has currently reached 270 children dispersed over three sections in prison (13, 18, 20), two of which were recently opened by the end of November and early December due to the increased numbers of children detainees, the crowded sections of Megiddo and HaSharon prisons, and the closure of Giv’on section in al Ramla prison due to its bad living conditions.

Doleh also clarified that:

  1. Since the beginning of 2015, 605 children have been arrested, detained, and exposed to trials

In January (34), February (29), March (29), April (35), May (30), June (21), July (21), August (42), September (32), October (151), November (114), December (67).

Since the beginning of January until September, the rate of children detainees remained one child a day, but in October – the beginning of the popular outburst – the rate increased from one child a day to 5 children and decreased in November to 3 children a day.

The number of children detainees in September, October, and November exceeded the total of the past 9 months. Hence, the number of children prisoners the past nine months reached 276 while the total number of the last three months totaled 332 children prisoners.

  1. The detention of children was not limited to Children aged between 16 and 18, but often dropped to 15, and at times even 13.

The following data shows the number of children detainees aged 15 and below during 2015:

In January (1), February (1), March (2), April (10), May (5), June (2), July (7), August (13), September (6), October (51), November (37), December (19).

The children who did not exceed the age of 13 are:

Ahmad Luay, Tawfeeq Amro, Ahmad Mohammad Al-Sa’da, Ghassan Issa Shawaheen, Abdel Muhsen Hammal, Osama Abu Khalifa, Malek Ayech Abu Mariya, Yousif Nazmi Atta, Yazan Mohammad Yassin, Mohammad Eyad Al-Sweiti, Mohammad Abdel Hafiz Murrar.

  1. The detention of children was not confined to arrests from the streets, in clashes, checkpoints or the apartheid wall, but reached the state of organized house arrests of children with military Units, Intelligence, and the so-called Elite IDF unit, for being suspected of throwing stones at soldiers and settlers.
  2. during the detention and interrogation, children are exposed to various aggressions and violations that disregard their childhood exposing them to insults and curses concerned with the mother and sister, physical pushing, beatings with hands and bludgeon and rifles, and leg kicking. Numbers show the following: July (3), August (9), September (10), November (26), December (3), and 99 in total.

October, witnessing the popular outburst, had the largest share of attacks whether in detention or interrogation centers in settlements and other places. Regarding interrogation, the children were not exempt from physical and psychological interrogation for long days and some were even taken into “Asafeer “sections (sections with undercover informants). Also, the interrogation would last longer than two days reaching more than 30 days.

  1. 2015 recorded large numbers of sick children whose health condition did not exempt them from arrest or trial where they were treated as healthy adults, and children who were arrested while injured by live ammunition or after recovering from their injuries.

Ordinary sick cases:

12 11 10 9 8 7 6 5 4 3 2 1 month
       5 19 4 1 6 3 5 7 8 7 1 7 number

Ammunition injury cases:

12 11 10 9 8 7 6 5 4 3 2 1 month
8 10 8 3 none 1 1 2 2 1     none none number

  1. The sentences of the children prisoners vary from 3 to 10 or 18 months and it could decrease after paying a fine or bail. Some cases have exceeded 26 months and 3 years and they are all accompanied with fines with an average of 2,000 NIS, the least is 1000 NIS, and the highest is 5000 NIS without any consideration for their childhood and the lack of recognition for those who are exposed to these unfair trials which are incompatible with the humanitarian norms and laws.
  2. We believe it is important to study the reasons and consequences of children prisoners forced to leave their education since it is unreasonable to deprive children of their right to education due to detention and trials.
  3. The occupation continues to arrest children once, twice, and three times. The total of children arrested twice is 57, those who have been arrested three times are 17 in number, and those who have been arrested 4 times are 3.

21 11 10 9 8 7 6 5 4 3 2 1 month
4 7 20 2 3 1 6 6 4 6 5 12 number

Hurryyat Center condemns targeting Palestinian children, torturing them and imposing unfair sentences and heavy fines on them. It also condemns the Israeli racist legislation allowing Shabak security services, the occupation army and military courts to arrest the children and expose them to trials, including those under the age of fourteen or twelve, bringing them to unjust military trials, and imposing deterrent measures on the children and their families.

Moreover, Hurryyat urges the international organizations especially UNICEF to condemn this policy and to inform the international community and its human rights organizations about these facts which are blatantly violating the Convention on the Rights of the Child and the Convention against Torture and thus force the occupation state to stop this policy which violates the rights of children and humans in general.