2021-06-29

West Bank

West Bank / Announcement / Core Program / position paper

The World Shall Judge You and You Will Lose Your People As You Forfeit Their Right to Self-determination

The systematic and structural campaign of abuse that violates human dignity and physical integrity, which targeted dozens of peaceful citizens who took to the streets speaking up in the face of the assassination of person of conscience, only because he expressed an opinion about public matters, which is a mere right guaranteed to all citizens under the social contract represented by the Declaration of Independence and The Basic Law, which is preserved in the International Bill of Human Rights, starting with the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the protocols issued pursuant thereto, has incited dire consequences for stability and civil peace and diminished a notable shift in international public opinion in support of the right of our people in self-determination and national independence.

The demonstrators took out in defense of their rights and the right of their children to live, after the assassination made them lose their sense of personal and collective security. They came out denouncing the systematic torture, yet their taking out to the streets was met with abuse and infringement of the sanctity of their bodies by beatings with batons, legs and stones, all under the watchful eye of many policemen charged in accordance with the regulatory laws with the protection of the people, and in the shadow of the complete silence of state institutions and decision-makers, despite the continued infringement in this way for several days in different areas. The demonstrators came out in adherence to their right to citizenship, express their opinion, and demand accountability for the corrupt, the perpetrators, the preachers and the planners of torture violations. They faced repression accompanied by support and endorsement by public figures, official departments and public officials for the concurrent repression with incitement, threats and intimidation.

What is noteworthy about the decision-makers’ insistence on adopting the security approach in resolving the deep crises that the government is witnessing and the public is scourged by, is that it is in accordance with a clear and explicit contradiction to the provisions of the Rome Statute of the International Criminal Court “ICC”, which clearly includes the court’s mandate, authority and power to prosecute perpetrators of systematic torture and murder as crimes against humanity that does not fall due to a statute of limitations while accountability is not confined to the perpetrator of the crime of torture, and any citizen can resort to the court to seek justice as a victim of torture.

Despite the desperate attempts to hide the incidents of assaulting and harassing the demonstrators protesting against the torture and killing of the community activist Nizar Banat, these facts have been documented, recorded with audio and video and widely disseminated locally and internationally, which would constitute a reason for the court itself to open the door to investigating systematic torture and holding its perpetrators accountable.

The recklessness and brutality of the repression, physical assault and harassment of women demonstrators directly affected the dignity of an entire people who had lost confidence in the regime to the extent that the demonstrators demanded the overthrow of the regime.

Adopting the security approach, concealing information, and taking measures affecting the constitutional rights of citizens, including their right to life, health and participation, did not succeed in stopping the demonstrations and the expansion of participation, while it succeeded in diverting the compass of popular interest in issues affecting its existence and its national project.

Based on all this, we, in MUSAWA - The Palestinian Center for the Independence of the Judiciary and the Legal Profession , warn of the deterioration of the general situation into a collapse that leads to infighting and chaos which increases the gap between decision-makers and citizens, threatens civil peace and opens the door wide to the absence of the principle of the rule of law and the loss of confidence in the justice system as a whole, which represents a serious threat to the right of the Palestinian people in self-determination and the achievement of their national independence as a result of the loss of security and safety. The decision makers themselves bear full responsibility for this matter.

To avoid all of this, the following must be done:

1. Hold the perpetrators of the torture and murder of activist Nizar Banat accountable criminally, administratively and civilly, so that the perpetrators, participants and mentors are brought to justice with their dismissal from their jobs and the guarantee of the civil rights of the victim’s family.
2. Release all prisoners of conscience.
3. Criminalizing summons, detention, arrest, investigation and referral to trial on the basis of expressing an opinion.
4. Abolishing what is stated in the Penal Code or in any other legislation criminalizing the so-called prolongation of the tongue, slandering high positions, stirring up strife, illegal gathering, slandering the authority, and similar terms that have been used and still are as a pretext for political arrest, silencing of mouths, and abuse of opponents.
5. Criminalization of political detention in all its forms.
6. Adoption of the law on the right to access information.
7. Arrest and prosecution of the aggressors against the demonstrators.
8. Issuing legislation, policies and procedures that guarantee the serious protection of women and the cessation of all forms of discrimination against women.
9. Conduct periodic general elections and enable unions and civil bodies to elect their representatives periodically.

Issued on 29/6/2021

MUSAWA