A/HRC/31/40
Enforcement Officials, it is required that arbitrary or abusive use of force should be
punishable as a criminal offence.
64.
On 18 September 2015, near the Azza refugee camp, Bethlehem, the Palestinian
National Security Forces used live ammunition, tear gas and stun grenades against
demonstrators throwing stones. They reportedly assaulted some of the young men in their
custody with batons.43 The use of live ammunition in the absence of imminent threat to life
or serious injury, and the violence against detainees are inconsistent with the international
obligations of the State of Palestine, notably under the International Covenant on Civil and
Political Rights. Although the Prime Minister and the Commander of the Palestinian
National Security Forces promptly announced the establishment of two committees to
investigate the Bethlehem incident, accountability for instances of excessive use of force
generally remains rare.
65.
On 23 May 2015, GIS officials in Jenin shot a man in the leg after having restrained
him. His brother was severely beaten to the extent that his genitals were crushed and
required partial surgical removal. The brothers filed a complaint with Military Intelligence,
but OHCHR was informed that the victims were repeatedly pressured to withdraw their
complaint because the main GIS official they accused is a senior Fatah leader. OHCHR is
not aware of any investigation into the incident.
4.
Freedom of expression
66.
OHCHR has received reports of violations of the right to freedom of expression,
particularly regarding people critical of the Palestinian Authority leadership. The case of
Lama Khater, a writer known for supporting Hamas, is emblematic. She and her family
have been subjected to repeated threats and harassment by the security forces for her
writing and her organization of peaceful demonstrations. One instance monitored by
OHCHR took place late at night on 22 March, when Ms. Khater’s house in Hebron was
raided by GIS. They did not show any arrest or search warrant. They allegedly used force
against Ms. Khater’s husband and detained him for one night.
67.
Information received by OHCHR indicates that Palestinian security agencies appear
to be monitoring Palestinians’ social media activity. OHCHR documented some cases
where journalists and civil society activists were threatened or arrested for comments made
online criticizing the Palestinian leadership. Such harassment and unlawful restrictions have
a general chilling effect on freedom of expression.
5.
Death penalty
68.
No executions were reported between 1 November 2014 and 31 October 2015, in
accordance with the President’s policy. However State prosecutors continued to seek death
sentences and courts issued them in two cases. On 11 January 2015, the Permanent Military
Court in southern West Bank condemned to death for treason a 27-year-old man from
Jenin. On 16 September 2015, the Ramallah Court of Appeal sentenced a man to death for
murdering his sister-in-law and her two children, after a successful appeal by the
prosecution. As of November 2015, both cases were under appeal.
43
14
See video published by Middle East Eye. Available at www.youtube.com/watch?v=uOpsGV6isc&feature=youtu.be.
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