2022-01-24

Gaza

Gaza / Announcement / Core Program / position paper

His Excellency the Public Prosecutor in Gaza, Dr. Mohammad Al-Nahal,

Head of the Internal Security Service, Brigadier General Abdul Basset Al-Masri

His Excellency Director General of Police Major General Mahmoud Abu Salah

His Excellency Mayor of Gaza Dr. Yahya Al-Sarraj,

Subject: impairing the dignity of citizens and ceasing their livelihoods are serious violations of the law that require accountability

The Palestinian Center for the Independence of the Judiciary and the Legal Profession, "Musawa", expresses its greetings and acknowledges that it has received a written complaint from the citizen: ......., a resident of ....... and  owner of a kiosk on the seashore of Gaza, stating that he was surprised by police chief of ..... coming to his kiosk and taking him to the police station of ....., asking him to remove his kiosk without having previously informed him of the issuance of a decision of removal or the existence of any problem or legal dispute between him and the municipality or the government, and added that he was detained for two days in the police station without any charges being brought against him, and that he was subjected to pressure and coercion and was forced to sign a written pledge to remove the kiosk. The complainant added in his complaint that he contacted the municipality after he got out of detention and made a settlement with it suggesting to keep the kiosk where it is subject to him applying for a license but he was surprised nine days later, that the bulldozer of the municipality destroyed the kiosk and removed it so he went again to the municipality and met the engineer working there… who denied his knowledge of the demolition incident and told him that the investigation committee will be formed to find out the truth and details of what happened, after the complainant provided the engineer with a video showing a sheriff.... "Municipal Security" and a group of people destroying the kiosk. The complainant also added that the engineer asked him not to publish the video or write about his problem until the formation of the investigation committee and the completion of its work, adding that he was surprised a week later that the elements of the kiosk were entirely removed which made him explain his problem on social media. Instead of being notified of the results of the investigation that was supposed to be carried out by the municipality through the committee that the engineer indicated it was formed for this purpose, the complainant was summoned by the Internal Security Service, and when he did not respond to the summons, he was kidnapped from his home in front of his children by members of the Internal Security Service, and was kept in a cold and dirty cell for 6 hours, and was released on the condition that he stops writing, submits to the fait accompli and hand over his cellphone to his kidnappers, according to the written complaint submitted by the complainant to "Musawa" acknowledging that he bears all the consequences of the invalidity of his complaint, which was signed by him.

We at the Palestinian Center for the Independence of the Judiciary and the Legal Profession "Musawa", and on the basis of the complaint, if its facts are true, we see that there are several violations of the law, violations of the constitutional rights of the complainant and an impairment of his physical integrity and human dignity, which was firstly embodied in the decision of demolishing his kiosk in a secret form without being based on a serious investigation that includes hearing the complainant’s statements before its issuance, and secondly, deceiving the complainant by misleading him of the municipality’s commitment to settling the dispute and at the same time proceeding with the implementation of its exclusive and secret decision to demolish the kiosk in disregard for the settlement it made with the complainant, thirdly, the Jabalia Police detaining the complainant and forcing him to sign under pressure and coercion his consent to the removal of the kiosk and holding it at Jabalia Police Station for two days in order to make him sign, fourthly, continuing the process of removing the components of the kiosk at a time when the municipality pledged to investigate the incident of demolishing the kiosk and its denial of knowing of such, and handing over a license application for the kiosk to the complainant and pledging to inform him of the results of the investigation, fifthly neglecting the complainant’s complaint and not conducting any investigation and not informing the complainant of the results of the investigation that did not take place, Sixth, despite the complainant’s adherence to and his commitment not to submit any complaint or raise his complaint on social media. Seventh, the complainant was forced to explain his suffering and problem after his kiosk was removed and the municipality did not fulfill its commitments by writing it on his social media page, eighth, the complainant raised the facts he was exposed to, which was not responded to by the competent authorities in the municipality and the police, and on the contrary, he was summoned by the Internal Security and detained in a place where health conditions were not met for a period of 6 hours, and asked to immediately stop writing about it or to obtain his right to rebuild his kiosk and license it.

"Musawa" sees in these violations and abuses of the rule of law involved in the official authorities' treatment of the rights of the complainant as a serious impairment of his physical integrity, human dignity and constitutional rights, and constitutes a departure from the provisions of the Basic Law, an abuse of powers and authorities, a detention of freedom without reason, and silencing of the mouths which is inimical to the first and second sections of the Basic Law and its many texts and provisions, including those expressly stipulated in Articles 10 and 32 of the Basic Law, which requires a transparent professional investigation into the complainant’s complaint and taking the legal requirement to hold violators of the law accountable and to guarantee the complainant’s rights to decent work and dignified living.

We ask your Excellencies to take the legal requirement in our memorandum and the complaint of the complainant in a manner that is true to the law and protects the rights of citizens, and to provide us with the measures taken by you in this regard in accordance with the rules.

With respect

Issued on: 24/1/2022

MUSAWA