2017-03-13

Ramallah

Human Rights Defenders / West Bank

His Excellency Prime Minister
Dr. Rami Hamdallah,

Subject: Excessive use of force to disperse a peaceful protest for human rights defenders

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession and the Palestinian Human Rights Defenders’ Network (PHRDs) extend their warmest greetings. In reference to the subject above, it was circulated in media channels that members of the Palestinian Security Forces and the Police assaulted the participants of a peaceful sit-in in front of Ramallah’s court house, and used force in an excessive manner, resulting in a lot of casualties among citizens, journalists and lawyers, as well as the father of the martyr Basil Al-A’raj. If true, this represents a grave compromise of the rights and freedoms one is entitled-to by the Constitution, including the right to peaceful assembly and the right to freedom of expression.

MUSAWA and the PHRDs’ Network demand once more that the Security Forces respect the human rights which Palestinian citizens are entitled-to by the Declaration of Independence (1988), the Basic Law, and the international treaties and conventions Palestine has acceded-to and hence is bound to implement, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Social Economic and Cultural Rights. MUSAWA hopes that, in your capacity as the Head of the Government of National Accord and the Ministry of Interior, the following decisions be taken on your part:

1-    Establishing an investigation committee that is professional and independent, consisting of persons known for their integrity and independence from any political party. This committee shall be granted full authority in its investigation. Any decisions taken by this committee shall be binding and enforceable, including prosecuting (criminal and administrative) those responsible for what happened in front of Ramallah’s court house, and holding them accountable even if this means that they be removed from office. A fair remedy should be sought for those who were affected by the events. The findings of the investigation committee must be announced to the public, and its decisions should be officially adopted and put into force immediately, without delay.

2-    Giving clear and direct orders to all members of the Security Forces and the Police not to use any form of violence against Palestinian citizens while they, whether individuals or groups, exercise their constitutional rights.

3-    Conforming to the provisions of the law by both rulers and the ruled. The rule of law should be enforced and upheld without equivocation or postponement, without any exception or for any considerations whatsoever.

4-    Establishing a clear governmental stance, stressing your commitment to the protection of the Palestinian people’s right to freedom of expression; to exercise the right to which they are entitled by the Constitution, including the right to peaceful assembly and the right to participate in political, economic and social affairs, pursuant to Article (26) of the Basic Law; to enable human rights defenders of delivering their message without any obstruction; and to hold accountable anyone who might compromise their rights or their national and social duty.

His Excellency Prime Minister,

We kindly hope that your esteemed government examine this memo clearly and with utmost seriousness. We hope that our demands would be met, and that all necessary measures would be taken for that purpose in order to enhance and protect the unity of our society. This unity constitutes the impregnable fortress which prevents encroachments of any of the citizens’ rights and guarantees that our society is protected from any serious disorder that would ruin its unity, stability and security.

With all due respect,

Issued on 13/03/2017

    MUSAWA

Copy to:

-    His Excellency Attorney General, Dr. Ahmad Barrak
     to take the necessary legal action, as appropriate.