2020-08-24

West Bank and Gaza Strip

Human Rights Defenders / West Bank / Gaza / position paper

MUSAWA Demands the Release of Nizar Banat and To Stop the Mockery of Arrest for Opinion

It seems that some officials in the security services and the executive authority have not yet realized the serious implications for upholding the approach of cover-ups, arrest, and prosecution based on expression of opinion, which is the most prominent right to be guaranteed by the Basic Law and the declaration of independence, as well as international treaties and conventions. They also appear to be operating outside the scope and limitations of the Basic Law, deliberately and willfully ignoring the provisions of article 5 of the Basic Law, which provides that “The governing system in Palestine shall be a democratic parliamentary system, based upon political and party pluralism. The President of the National Authority shall be directly elected by the people. The government shall be accountable to the President and the Palestinian Legislative Council”, and article 9, which provides that “Palestinians shall be equal before the law and the judiciary, without distinction based upon race, sex, color, religion, political views or disability”, and completely disrespecting paragraph 1 of the 10th article which provides that “Basic human rights and liberties shall be protected and respected”. Moreover, they appear to be neglecting the implications, consequences, and responsibilities that may arise from continuing the approach of arrest, detention, and prosecution to control, limit, and curb the freedom of expression, in clear violation of the provisions of article 26 of the Basic Law, which provides that “Palestinians shall have the right to participate in political life, both individually and in groups”, and article 32, which provides that “Any violation of any personal freedom, of the sanctity of the private life of human beings, or of any of the rights or liberties that have been guaranteed by law or by this Basic Law shall be considered a crime. Criminal and civil cases resulting from such violations may not be subject to any statute of limitations. The National Authority shall guarantee a fair remedy to those who suffer from such damage.”

In view of the clear principles, provisions and texts of the Basic Law, which complement and implement the Declaration of Independence, MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession believes that arresting the social activist, Nizar Banat, among other citizens, who expressed their distress and criticism of the performance of the political establishment and its authorities on all levers, constitutes a flagrant violation that cannot be justified under the Basic Law or by claiming to use this approach out of concern for the security and stability of the society.

Nizar Banat and all prisoners of conscience shall be released and the arrest for opinions shall be stopped once and forever.

Issued on 24/8/2020

MUSAWA