A/HRC/37/42
freedom of expression74 and civil society was not consulted regarding its drafting. 75 This
law served as the basis for the arrest and detention of journalists and human rights
defenders (see paras. 51–52 below). During the reporting period, 77 cases of arrests in
violation of guaranteed freedoms were referred to the Independent Commission for Human
Rights.
43.
In Gaza, OHCHR monitored cases of individuals arrested and detained for posting
opinions on social media that could be considered to be critical of the Gaza authorities. In
all these cases, the individuals were released without charge after a few days or weeks,
upon signing commitments to, notably, uphold the law and refrain from public criticism.
Most of these cases monitored by OHCHR included allegations of ill-treatment during
interrogation.
44.
On 30 May 2017, a teacher was arrested by the internal security agency for a post on
social media expressing disapproval of an official for stating that Gaza was a prosperous
place. He was released after four days. On 4 July 2017, another Palestinian man from Gaza
— well known for his critical stance against the authorities in Gaza — was arrested by the
internal security agency on accusations of incitement after having called on social media for
a protest against the electricity crisis. He was released after 12 days. OHCHR also
monitored the case of an individual detained for having allegedly participated in the popular
protests against the electricity crisis in January 2017. In another case, on 19 April 2017,
Mahmoud Sulieman Mohammad al Ziq, the Secretary-General of the National Work
Committee in Gaza, known for his critical position against the authorities in Gaza, was
assaulted and kidnapped by unidentified men. He was advised to refrain from talking about
politics, including in relation to the electricity crisis, before being released on the same day.
45.
On 27 April 2017, a social media activist and member of the Popular Front for the
Liberation of Palestine was arrested by the internal security agency, reportedly for having
posted an excerpt from a novel by a Palestinian writer about the plight of Palestinian
refugees. He was detained for two days. His access to a lawyer and contact with his family
were delayed and he was reportedly subjected to ill-treatment.
2.
Journalists and human rights defenders
46.
All duty bearers have been resorting to the arrest and detention of journalists and
human rights defenders. These cases may amount to arbitrary detention as the practice was
most likely motivated by the exercise of the individuals’ rights to freedom of expression
and assembly.
47.
Omar Nazzal, a Palestinian journalist and member of the Palestinian Journalists
Syndicate, was arrested by the Israeli Security Forces on 23 April 2016, as he was about to
cross the Al-Karameh/Allenby/King Hussein Bridge to represent the Syndicate at a meeting
in Sarajevo. 76 The initial administrative detention order was for four months and was
extended three times, up to a total of 10 months. Mr. Nazzal was eventually released on 20
February 2017. His detention was based on his alleged affiliation to the Popular Front for
the Liberation of Palestine as a threat to the security of Israel. However, he was not only
interrogated about his political affiliation, but also about his work as a journalist and his
membership of the Syndicate. In a decision issued on 24 May 2016, the military judge
approved the administrative detention, based on the fact that the detainee could not be tried
under criminal procedure because of the confidential nature of the evidence. This may
suggest that administrative detention is used as an alternative to criminal proceedings, in
contradiction of international law. 77
74
75
76
77
Twenty-seven websites — mainly linked to Hamas or opposition leader Mohammad Dahlan — were
closed by the Attorney General in June 2017 and remain offline at the time of writing (see
A/HRC/37/38).
Following strong criticism by civil society, the Palestinian Authority agreed to revise the law. This
process was ongoing at the time of writing.
See opinion No. 31/2017.
Fourth Geneva Convention, art. 68; and 1958 ICRC Commentary thereto.
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