A/HRC/34/36
September, General Intelligence Service officials held him for another day, apparently
while they awaited clearance from their Ramallah headquarters. On 8 September, he was
released, but continued to face harassment for a further 10 days.
58.
OHCHR continued to monitor cases in which Palestinians were arrested on the
orders of Governors for charges relating to public order or national security, and where
there is no intent to charge or prosecute. 66 During the reporting period, the Independent
Commission for Human Rights documented 88 such cases, a slight increase compared with
the previous year.67 The High Commissioner previously highlighted the issue of Palestinian
administrative detention, which can last for six months without any review by a judge. He
is concerned that the practice is becoming a routine, targeting opposition activists. 68
Freedom of expression and peaceful assembly
59.
The Palestinian Basic Law of 2003 recognizes the rights to freedom of expression
and peaceful assembly. Nonetheless, OHCHR continued to receive regular reports of media
professionals, human rights defenders and political opponents in the West Bank being
arrested, threatened, harassed and intimidated for questioning or challenging the Palestinian
Authority. The Palestinian Centre for Development and Media Freedoms documented 90
such complaints by media professionals against Palestinian security forces during the
reporting period, including raids of homes and confiscation of equipment, detention and
summoning for interrogation. 69
60.
In one instance, on 23 August 2016, Advocate Wa’el al-Hazzam was invited for an
interview by a television channel to discuss political tensions and the apparent extrajudicial
execution of Ahmed Halawa, who had allegedly been killed by Palestinian security forces
in Nablus. He told OHCHR that three officers of the Preventive Security Service had
approached him at the television studio and threatened him with arrest if he conducted the
interview. Later that day, two armed men fired more than 10 bullets at his house. On 1
September, OHCHR wrote to the Minister of the Interior expressing concerns about the
incident. The Minister’s reply indicated that an investigation was ongoing. As at midNovember 2016, no further information was available.
61.
The Jordanian Penal Code that prevails in the State of Palestine provides overly
broad provisions for defamation, humiliation or abasement of or insult to public officials
and figures and has been used by the authorities to impose restrictions on freedom of
expression. On 3 October 2016, a Palestinian who had been arrested in 2014 and
subsequently released on bail for a comment posted to Facebook that allegedly mocked the
Palestinian leadership was convicted of “defamation against public authority” by the
Ramallah Magistrates’ Court and sentenced to three months of imprisonment under article
191 of the Jordanian Penal Code.
62.
The reaction of the Palestinian Authority to a teachers’ strike in February 2016
illustrates the shrinking space to exercise the rights to freedom of expression and to
peaceful assembly. On two occasions, on 23 February and 7 March 2016, not only were
some teachers and their representatives arrested and held for interrogation overnight, but
bus drivers and transportation companies were also prevented from transporting teachers to
Ramallah in order to stymie their peaceful demonstration outside the Cabinet offices.
OHCHR also documented instances in which Palestinian security forces had confiscated the
identity cards of teachers and forced them off public transport to prevent their participation
66
67
68
69
The Jordanian Crime Prevention Law 1954 is still applicable in the West Bank.
Figures provided by ICHR.
See A/HRC/31/40, paras. 56-59.
See www.madacenter.org/reports.php?id=13&lang=1.
13
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