A/HRC/40/39
the presence of the police, who did not intervene. One of the journalists submitted a
complaint to the public prosecution office which, according to available information, had
not been addressed by the authorities at the time of writing. Civil society members and
activists involved in organizing or monitoring the demonstrations were faced with a wave
of summons and harassment by Palestinian security forces.
63.
Similar violations were recorded in Gaza, where the security forces continued to
arbitrarily arrest and subject individuals to ill-treatment for expressing opinions that could
be considered critical of the authorities in Gaza. 73 In one incident, the internal security
agency reportedly detained a journalist for three days at an unknown location, where he was
interrogated about his political views and accused of incitement against the authorities in
Gaza by planning popular protests. During interrogation, he was reportedly subjected to illtreatment that may amount to torture, including beatings with batons and a plastic hose and
shabah. He was eventually released without charge.
64.
Between 13 and 15 September 2018, a journalist was summoned three times by the
Gaza authorities for posting comments on social media questioning the Ministry of
National Economy. On 15 September, after threats of arrest, he removed the post and made
a public apology to the Ministry on social media. After 27 October 2018, he was summoned
several times for questioning by the police and the public prosecution office following
accusations of defamation by the Ministry. The charges were later dropped after mediation
by the governmental media office.
65.
Gaza security forces also continued to restrict the right of civilians to peaceful
assembly, sometimes by forcibly dispersing demonstrations and gatherings. On 18 June
2018, they forcibly dispersed a demonstration calling for the lifting of punitive measures
imposed on Gaza by authorities of the State of Palestine, despite the fact that previous
authorization of the demonstration had been granted. Reportedly, about 50 plain-clothed
security personnel, some carrying batons, raided the sit-in and forcibly prevented
participants from filming or photographing the event. The phones of some participants were
briefly confiscated and then returned to them after footage of the demonstration had been
deleted by the security personnel. The Ministry of the Interior of Gaza denied this account
of the events, including that participants had been arrested. 74
III. Recommendations
66.
In the present report, the High Commissioner documents violations of
international humanitarian law and international human rights law in the Occupied
Palestinian Territory by Israel, the State of Palestine and the authorities in Gaza. The
report shows the persistence of patterns previously reported by the Secretary-General
and the High Commissioner, which have been the subject of extensive past
recommendations by various human rights mechanisms. 75 The persistent lack of
accountability and the shrinking space for civil society continue to be of particular
concern.
67.
The High Commissioner calls on all duty bearers to comply with their
international legal obligations and ensure that all alleged violations are promptly,
impartially and independently investigated, that those responsible are held
accountable, and that victims are provided with effective redress.
68.
The High Commissioner also makes the recommendations listed below.
69.
The High Commissioner recommends that the Government of Israel:
(a)
Ensure that the rules of engagement of Israeli security forces and their
application are fully in line with international standards, in particular, that firearms
73
74
75
14
See also A/HRC/37/42, paras. 43–45.
Public statement by the spokesperson for the Ministry of the Interior, 18 June 2018. Available at
https://moi.gov.ps/Home/Post/123353 (in Arabic).
A/HRC/35/19.
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