A/HRC/28/45
Gaza.108 That has been one of the key features of the schism between Fatah and Hamas. At
times of political confrontation, detention of opposition activists is common on both sides.
62.
In the West Bank, both before and during the reporting period, 109 OHCHR
documented a number of cases of violations, particularly against perceived political
opponents and activists, including the use of vague and overly broad laws as a basis for
detention,110 non-compliance with court orders for release, the use of the executive powers
of the Governor to detain on an administrative basis, and non-compliance with time limits
for court appearances prescribed by law. 111
63.
OHCHR has similarly documented cases in Gaza in which detainees, particularly
political detainees, suspected collaborators, journalists and people alleged to have
committed moral crimes or misconduct, have been subjected to torture and ill-treatment.112
The overwhelming majority of those cases have not been investigated and the perpetrators
have not been held accountable.
Freedom of assembly and of expression
64.
Palestinian security forces in both the West Bank and Gaza have used arrest and
detention as a way of stifling the rights to freedom of assembly and of expression. That
only serves to breed mistrust amongst political groups, not only Fatah and Hamas but also
other smaller groups, many of which are already disenchanted by the lack of a functioning
Palestinian legislature and their difficulty having their political voice heard.
65.
In one case documented by OHCHR in the West Bank, on 29 March 2014, four
Palestinian security agencies arrested more than 130 people from the Jamal Abdelnaser
mosque in al-Bireh, near Ramallah. Most of those arrested were Hizb-at-Tahrir party
members gathering to hear a speech by a party leader. Other crackdowns on Hizb-at-Tahrir
have been documented by OHCHR.113
66.
In Gaza, the authorities have restricted freedom of expression during the reporting
period, including by prohibiting the daily publication of newspapers, including Al-Ayyam,
Al-Hayat Al-Jadida and Al-Quds, and closing media outlets, including Al-Arabiya, Ma’an
News Agency and Reuters. 114 An August 2007 directive banning any peaceful assembly
without prior authorization from the Ministry of the Interior remains in force.115 OHCHR
documented several incidents involving forcible dispersion of peaceful assemblies for
which the organizers had failed to obtain prior authorization.116
G.
Conclusion
67.
The human rights situation in the Occupied Palestinian Territory remains of
grave concern. The murders of the Israeli teenagers and the Palestinian boy in June
108
109
110
111
112
113
114
115
116
18
A/HRC/24/30, paras. 49–52; A/HRC/25/40, paras. 44–46.
A/HRC/24/30, paras. 49–52; A/HRC/25/40, paras. 44–46.
Such as article 150 of the Jordanian Penal Code, which includes the offence of “inciting sectarian
strife”.
A/HRC/28/80, sect. III.
Ibid.; A/HRC/25/40, paras. 47–49.
www.maannews.net/eng/ViewDetails.aspx?ID=672063.
A/HRC/25/40, paras. 63–67.
www.pchrgaza.org/portal/en/index.php?option=com_content&view=article&id=721:pchr-calls-uponthe-executive-force-to-cancel-the-decision-to-ban-demonstrations-without-official-permission-fromthe-force&catid=133:press-releases-from-other-years-05-08&Itemid=300.
A/HRC/25/40, paras. 63–67.
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