A/HRC/34/36
Rights to freedoms of expression, association and peaceful assembly
75.
The Palestinian Centre for Development and Media Freedoms reported some
improvement in 2016 with respect to freedom of expression compared with 2015. 74 It
nonetheless documented at least 30 violations in Gaza from November 2015 to August
2016, mostly related to the summoning, arrest, detention, torture and ill-treatment of
journalists. OHCHR monitored the case of a 29-year-old journalist who had been arrested
by the Israel Security Agency on 1 September 2016 and detained for one day after the
authorities claimed he had published confidential documents on social media. His laptop
computer, mobile telephone and other personal belongings were reportedly confiscated
during the arrest. He was eventually released without being charged with any criminal
offence. He alleged that he had been subjected to ill-treatment in detention, including
shabeh and beatings.
76.
Palestinians in Gaza continued to be harassed for their political opinion and
affiliation. On 29 August 2016, the coordinator of Fatah’s electoral campaign in Bani
Suhaila, east of Khan Younis, was abducted and subsequently assaulted by masked men
reportedly affiliated with Hamas. On the same day, a female Fatah candidate for Bani
Suhailia received several threatening telephone calls and text messages from a man also
reportedly affiliated with Hamas. On 17 October 2016, senior officials at the Ministry of
the Interior and the Israel Security Agency reportedly threatened a senior Fatah leader in
connection with his perceived incitement against the authorities.
77.
Moreover, Gaza security forces banned and forcibly dispersed several peaceful
assemblies. In a case monitored by OHCHR, on 16 August 2016, the security forces
dispersed a sit-in of Fatah-affiliated employees at Al-Aqsa University, inside the university
campus. Several participants were assaulted by police and the university security guards.
IV. Conclusions and recommendations
78.
Over the past seven years, OHCHR has documented and reported repeated
serious human rights violations by all duty bearers in the Occupied Palestinian
Territory, particularly by Israeli authorities. OHCHR has consistently provided
detailed information as to how impunity has driven human rights violations and how
lack of accountability on both sides fuels new cycles of violence and conflict between
Israelis and Palestinians.75 Few efforts have been employed by the parties to establish
accountability and provide redress to past and present violations of international
humanitarian law and international human rights law, with the exception of one
Israeli soldier charged with manslaughter in the West Bank. Even in that instance,
senior officials and politicians in Israel have called for the trial to be ended or for the
soldier to be pardoned if found guilty. 76 The Israeli authorities launched some
investigations into the 2014 Gaza hostilities, but justice remains elusive with the
exception of an indictment on looting. OHCHR has observed a deterioration of the
human rights situation in the Occupied Palestinian Territory over the past few years.
79.
Although the scale of violations is lower, impunity is also a major concern with
regard to actions by Palestinian authorities both in Gaza and the West Bank. As the
cases outlined in the present report indicate, there is little information about the
outcome of investigations often announced by the Palestinian Authority. In Gaza,
74
75
76
16
See www.madacenter.org/reports.php?id=13&lang=1.
See A/70/421, paras. 49-51.
See www.timesofisrael.com/terrorists-must-be-killed-ex-deputy-idf-head-tells-hebron-shooter-trial/.
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