A/HRC/40/39
torture. Detainees described the use of shackling; the holding of detainees in stress
positions for prolonged periods of time to extract confessions; beatings and other forms of
physical violence; prolonged use of solitary confinement; insults; threats; humiliating
questioning or threats related to sexuality; sleep deprivation; and insufficient health care for
severe mental health problems. Most reports concerned the interrogation period and were
documented in particular at the facilities used by the joint operations committee in
Jericho.68 For example, several detainees reported a practice of assault and severe beating
upon arrival at the facilities used by the joint operations committee, and several reported
having been repeatedly forced to stand handcuffed and blindfolded, with their legs apart,
for up to 10 hours at a time.
59.
In Gaza, practices of the civil police and internal security agency involving illtreatment and torture of detainees continued to be reported. In May 2018, two brothers
arrested by the internal security agency over accusations of collaboration with authorities of
the State of Palestine were subjected to ill-treatment, including beatings and shabah, which
involves being forced to sit with one’s hands tied to the back of a chair. One of them was
released in September 2018 while the other remained in detention as at the end of the
reporting period, awaiting his sentence by the military court.
Restrictions on the rights to freedom of expression, association and peaceful assembly
60.
Restrictions on the rights to freedom of expression, association and peaceful
assembly were imposed by authorities of the State of Palestine in the West Bank. Several
journalists were arrested on the basis of provisions of the law of 2017 on cybercrime. 69 For
instance, on 3 April 2018, Palestinian journalist Rami Samara was arrested and charged
with defamation and slander, on the basis of the law. The charges were based on social
media posts criticizing the head of the Media Center at An-Najah National University for
the dismissal of 17 journalists who had refused to express support for the Prime Minister on
their social media accounts. Although the law was amended and significantly improved in
May 2018,70 following strong criticism and concerns raised by civil society organizations
and the international community, the proceedings against Mr. Samara and other journalists,
which started before the amendment of the law, continued. The amended law still contains
loosely defined provisions, which pose a risk of undue interference with the exercise of
freedom of expression.
61.
Amid a deep division between Fatah and Hamas, protests against punitive measures
imposed by authorities of the State of Palestine on Gaza broke out in the West Bank. On 13
June 2018, the adviser to the Palestinian President on provincial affairs temporarily banned
demonstrations in the West Bank in order to prevent a demonstration set to take place that
day in Ramallah. Despite the ban, approximately 200 demonstrators gathered peacefully in
the city centre, but were violently assaulted and dispersed by Palestinian security forces and
individuals in plain clothes.71 Fifty-six people were violently arrested and released the next
day without charges. A staff member of Amnesty International monitoring the
demonstration was among those arrested and reported having been subjected to illtreatment and having witnessed at least 18 other detainees face similar treatment. At least
12 journalists were threatened or impeded from covering the demonstration, and some were
physically assaulted.72
62.
In Tulkarm and Nablus, on 27 and 30 June 2018 respectively, two demonstrations
took place during which two women journalists were physically assaulted by Fatah
supporters and prevented from filming the protest. In one instance, the attack occurred in
68
69
70
71
72
This coordinating body is comprised of several Palestinian security agencies. It conducts joint
operations and uses the Preventive Security Service headquarters in Jericho as its main detention and
interrogation centre.
See also A/HRC/37/42, para. 42.
Presidential Decree No. 10; see also A/HRC/40/43, para. 46.
Violent means included the use of flash grenades, pepper spray and tear gas, in addition to brutal
arrests and beatings of protestors by large groups of plain-clothed individuals wearing identical caps
and acting in a coordinated manner, including with uniformed officers.
See www.madacenter.org/report.php?lang=2&id=1799&category_id=13&year= (in Arabic).
13
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