A/HRC/43/21
C.
Accountability for violations by the Palestinian authorities
37.
During the reporting period, few developments have been reported in relation to
actions undertaken by the Palestinian authorities in the West Bank and the Gaza Strip to
investigate and prosecute the authors of alleged violations linked to incidents of excessive
use of force by the Palestinian security forces.
38.
OHCHR sought information, in particular, on the steps taken by the Palestinian
Authority to investigate allegations of excessive use of force by Palestinian security forces
in the context of the civilian demonstrations held in Ramallah and Nablus on 13 June 2018
to protest against the imposition by the Palestinian Authority of restrictive measures on the
Gaza Strip. According to information provided by the Ministry of the Interior, an internal
investigation found that the Palestinian security forces had acted according to the law, except
for some minor violations, for which disciplinary measures had reportedly been taken.
However, as previously reported by the High Commissioner and several independent human
rights organizations, 71 first-hand monitoring and verification activities suggest that
demonstrators were physically assaulted, that at least 56 people were violently and arbitrarily
arrested and that some were subjected to ill-treatment in detention. The Palestinian Authority
also informed OHCHR that, during the reporting period, three incidents involving possible
excessive use of force by police personnel were referred to the military courts. The status of
those proceedings remains unknown. The High Commissioner urges the State of Palestine to
ensure that incidents involving possible excessive use of force are promptly, impartially and
independently investigated in line with international standards, and that those responsible are
held accountable.
39.
In the context of Gaza, OHCHR did not receive information indicating any measures
taken by the de facto authorities to investigate and prosecute those allegedly involved in
incidents of possible excessive use of force by the Gaza security forces during the civilian
demonstrations that took place between 14 and 16 March 2019. A considerable number of
participants, including women and children, were beaten by Gaza security forces in uniform
and by others in plainclothes, and consequently hospitalized. Up to 1,000 demonstrators were
arrested and detained, and some of them were subjected to ill-treatment while in detention.72
Staff members of the Palestinian Independent Commission for Human Rights who were
physically assaulted by Gaza security forces during the March 2019 protests reported having
been informally approached by representatives of the comptroller mechanism of the Ministry
of the Interior in Gaza, which offered them apologies and a verbal commitment to opening a
probe into the incidents. However, as at the end of the reporting period, no information has
been published about any concrete steps taken to that effect.
IV. Third-State responsibility
40.
In its resolution 40/13, the Human Rights Council called upon all States to ensure
respect for international humanitarian law in the Occupied Palestinian Territory, in
accordance with article 1 common to the Geneva Conventions. It also called upon all States
to fulfil their obligations with regard to penal sanctions, grave breaches and the
71
72
12
appeal was filed by Al Mezan Center for Human Rights and Adalah to the Supreme Court of Israel
against the decision of the District Court of Beersheva of 4 November 2018 upholding the
constitutionality of the law prohibiting Palestinians living in Gaza from seeking compensation from
Israel. The constitutionality of the exclusionary clause was challenged in a tort lawsuit brought by two
human rights organizations on behalf of Ateyeh Nabaheen, who was shot and seriously wounded on
11 November 2014 in Gaza, while on his family’s property, outside any area of military activity, and
who was left quadriplegic and confined to a wheelchair as a result of his wounds. See
www.nevo.co.il/psika_html/mechozi/ME-10-12-40777-390.htm (in Hebrew only); A/HRC/37/41,
para. 16, and A/HRC/37/41, para. 26.
A/HRC/40/39, para. 61. See also www.alhaq.org/advocacy/6185.html and https://www.amnesty.org/
en/latest/news/2018/06/state-of-palestine-amnesty-staff-member-arbitrarily-detained-and-tortured-bypalestinian-security-officers/.
A/HRC/43/70, paras. 44–45.
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