A/HRC/19/20
in violation of Palestinian Basic Law (art. 106). In August 2011, ICHR
documented 17 complaints regarding the non-implementation of decisions issued
by both the Palestinian High Court of Justice and the Court of First Instance in
the West Bank.43 In some cases, although Palestinian Authority security agencies
implement the High Court‟s decisions on the release of detainees, they frequently
nullify the practical effects by detaining released persons under the pretext of
other charges. Therefore, release orders are implemented, but affected persons
are summoned and detained again. Although arbitrary detention in the West
Bank is outlawed by the Palestinian Basic Law and the Law of Penal Procedure
No. 3 of 2001,44 the situation on the ground is different. Executive authorities
need to take effective measures against arbitrary detention.
2.
Civil rights, including freedoms of expression, association and assembly
43.
Freedom of opinion and expression is guaranteed by the Palestinian Basic
Law. However, during the reporting period some Palestinian actors took action
in some cases to curtail this right. Palestinian security services in the West Bank
curtailed the freedom of journalists and media professionals. Announcements in
April 2011 on possible Fatah and Hamas reconciliation had a positive impact on
journalists‟ freedom to exercise their profession. This also allowed for the return
of journalists and other personnel of Palestine TV to the Gaza Strip, and of AlAqsa TV to the West Bank.
44.
During the protests calling for national unity that were organized in
March 2011 in different cities and towns in the West Bank, violations by PSS
and the General Intelligence Agency against journalists in the West Bank were
reported. On 15 March, a group of unidentified persons attacked journalists in
plain sight of security services personnel stationed near the protest tent at AlManara Square in Ramallah. Based on the complaints received by ICHR from
two journalists (one foreign and one Palestinian), the Palestinian Authority
policemen did not try to protect them. The Palestinian Centre for Development
and Media Freedoms (MADA), with which OHCHR met, reported that attacks
on journalists “continued to hinder their work and endanger their lives”.
45.
In August 2011, the Prosecutor-General of the Palestinian Authority
decided to stop airing a Palestine TV show called Watan ala Watar (Homeland
on a String). Palestine TV was ordered to stop airing the satirical programme as
it allegedly offended and humiliated a large number of Palestinians. In the same
month, Professor Abdel Sattar Qassem was arrested and held in custody
following the publishing of an article. He was later released following a personal
appeal to the President of the Palestinian Authority.
46.
The Islamic Liberation Party (Hizb al-Tahrir) annually commemorates the
fall of the Islamic Caliphate. The commemoration usually takes the form of a
series of lectures ending with a central conference and a march in Ramallah. The
intervention of Palestinian Authority security forces this year resulted in clashes
with members of the party. In June 2011 the party received confirmation by
relevant authorities of the Palestinian Authority that they had no objection to the
demonstration planned for 2 July 2011. On the appointed day, members of the
43
44
16
ICHR August Monthly Report: http://home.ichr.ps/en/2/5/612/August-Report-onviolations-of-HR-August-Report-on-violations-of-HR.htm.
Penal Procedure Law No. 3 of 2001:
www.courts.gov.ps/pdf/Law%203%202001%20Penal%20Procedures.pdf.
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