giovedì 30 agosto 2007

PCHR Calls for Rescinding the Decision of the Nablus Police Chief for Licensing Peaceful Demonstrations

PCHR strongly condemns the announcement made by the Palestinian Police Commander in Nablus that states, “banning the organization of any assembly, demonstration, or march except after the obtainment of official permission issued by the legal specialized authority according to Palestinian Law.” The Centre affirms that this announcement is a flagrant violation of basic human rights and public freedoms, especially the rights of freedom of expression and holding general assemblies, which are rights, protected by Palestinian Law and international human rights standards. The Centre warns against the implications of this announcement, which undermines human rights; and calls for its annulment.

The Center’s preliminary investigation indicates that on Wednesday, 22 August 2007, the Public Relations Department in the Palestinian Police Nablus Directorate stated that the Commander of the Nablus Police Force, Colonel Ahmad El-Sharqawi, announced, “In accordance with the Law, it is not allowed to organize any assemblies, demonstrations, or marches except after obtaining official permission from the parties legally authorized by the Palestinian Law. (El-Sharqawi) urged citizens to respect the rule of law, and to deprive elements vying to disturb order, stability, and social peace from the opportunity to achieve their goal. (El-Sharqawi) stressed that the Police in Nablus works to preserve freedom of expression through demonstrations or marches conditional obtaining the necessary permits; and that the duty of the Police is to know the time, place, and party that organizes any assembly to protect against any disturbances in the street.”

PCHR is extremely concerned by the announcement and the repeated efforts by the Palestinian government in Ramallah to undermine basic freedoms and human rights, especially the right to freedom of expression and the right to peaceful assembly, which is a primary tool of expression, and:

- Affirms that the right to organize peaceful assemblies, including demonstrations, is protected by the Palestinian Basic Law and according to the General Assemblies Law No. 12 for the Year 1998, conditional upon the peaceful nature of the assembly.

- Article 4 of the General Assemblies Law states that at least 3 organizers of any assembly should submit a written notice indicating the place, time, and purpose of the planned assembly. In the event that the notice is submitted by a known party, its representative’s signature is sufficient. Without undermining the right to assemble, the Governor of Director of Police may place restrictions on the duration or route of the assembly for the purpose of organizing traffic. The organizers must be notified of these restrictions in written form in no more than 24 hours after submitting the initial notice. In the event that the organizers do not receive any written response, they are entitled to hold the assembly

as stated in the initial notice. Thus, the announcement of the Nablus Police Commander is a violation of the law.

- Renews the call to the PNA to annul the Executive Bill for the General Assemblies Law or to amend it to conform with the law, to ensure that the populace enjoys the right to peaceful assembly as stipulated by the Basic Law and General Assemblies Law, and in accordance with international human rights standards.

- Calls upon the Palestinian government in Ramallah, represented by the Minister of Interior and Director-General of the Police, to rescind the decision of the Nablus Police Commander immediately due to its illegality.

Public Document

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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 - 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org

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