2022-06-26

WESTBANK

Human Rights Defenders / Core Program

One cannot cover the sun with a sieve, and the denial of human rights violations, including direct harm to physical safety and human dignity, restriction of freedom, and torture, does not contribute at all to the performance review. It also hinders any step of institutional reform and leads to a lack of accountability and failure to protect the victims’ rights and compensate them. Denial is a title for a speech that contributes to the impunity of human rights violators, covers up and promotes the practice of the security approach in dealing with citizens, and provides protection for the violators, as it is like a broken record that continuously contradicts reality, truth, and law.

The basic principle is that one is free and innocent until proven guilty, and should be able to enjoy his constitutional rights as a citizen and be guaranteed active participation in shaping the present and future of the country, not to mention that the accused shall be free during trial proceedings. This is what the criminal philosophy was founded on in the original Palestinian legislations, such as The Declaration of Independence, The Basic Law, and The Penal Code, which were tampered with and modified in a way that undermines its philosophy. Also, the minutes of the sessions extending the detention of the accused in general, and those arrested on the basis of expressing an opinion, clearly show that the original legislations have been breached and overridden, and political considerations have become the criterion for arrest, as this continues to be described and marketed as protection of rights And freedoms! Torture continues to be described as individual cases that do not deserve nor require safeguarding the rights, compensating the victims, and holding the perpetrators accountable!

Victims of torture are still absent and their stories are not heard as they are not given the opportunity and space to reveal the truth about the torture they were subjected to, and the means and tools used by the perpetrators, not to mention the complete disregard to the occurrence of torture, and failure to punish the perpetrators and hold all those involved accountable.

Torture is a crime against humanity, a crime that does not fall under the statute of limitations, and a crime that requires accountability and punishment for its perpetrators and their protectors. Torture is prohibited and a crime even if one person was subjected to it. In order to successfully prevent torture, one has to begin by acknowledging its occurrence, conducting a fair and transparent investigation, and bringing all those involved, whoever they are, to justice, in addition to punishing them and dismissing them from their jobs, obligating them to give a public apology to the victim and society alike, and to provide redress to the victims. This is what international covenants have agreed upon, including those that Palestine has signed and abided by its provisions, such as the Convention against Torture and the protocols issued pursuant to it.

As we commemorate with the whole world the International Day in Support of Victims of Torture, which comes with the passage of one year since the killing of the community activist and candidate for the canceled legislative elections, Nizar Banat; we request taking all the measures to prevent torture and support its victims. Those measures described above must be implemented as a single, indivisible unit, that are non-negotiable, and fulfilling some of them is not enough, as it may lead to adverse effects that obscure the truth. Thus, commemorating this occasion with a festival to claim that the situation is perfect and that torture is only individual cases does not fulfill its objectives nor does it achieve its purpose in implementing these measures faithfully, transparently, and with community participation. In this context, we recall the unified position of civil society institutions demanding the immediate annulment of the Decree-Law on the National Mechanism for the Prevention of Torture No. (25) of 2022. In addition to the official commitment to the draft legislation governing the establishment of a national mechanism for the prevention of torture, in line with the protocol issued under the UN Convention against Torture and the guidelines issued pursuant thereto regarding national mechanisms for the prevention of torture. This is done in a manner that guarantees its impartiality and its financial and institutional independence from the executive authority, as well as the personal independence of its members and the government’s commitment to providing financial resources to perform its tasks according to what was agreed upon at both the civil and official levels.

MUSAWA refers to the statement issued by 25 human rights and civil society institutions, which considered the aforementioned decree-law to be against the most important principles that were agreed upon during the dialogue between the institutions and the governmental team in charge of preparing the draft of the national mechanism for the prevention of torture. The decree-law also violated Palestine's obligations under the protocol issued pursuant to the Un Convention Against Torture and the guidelines issued in accordance with it regarding the establishment of national mechanisms. The decree-law expressed the continuation of the executive authority in the same approach in seizing and controlling national bodies, which makes it unable to perform the tasks entrusted to it independently and impartially.

Preventing torture and putting an end to it is a noble national and societal mission that expresses the values of the rule of law, and it deserves to be at the forefront of society’s agenda, and the need for solidarity and synergy to achieve it, as it is the way for a safe life for citizens and society alike.

26/6/2022

MUSAWA