Joint Press Release: Human Rights and Civil Society NGOs Condemn the Media Campaign against PICHR; Call Prime Minister in Gaza to Intervene

13 August 2009

13 August 2009 The Palestinian Independent Commission for Human Rights (PICHR) and its Gaza Program Director, lawyer Jamil Serhan, have been subject to a highly volatile media campaign during the past two days.
The Ministry of Interior in Gaza issued a statement accusing the Commission of being 'partisan and biased'.
The statement accused Mr.
Serhan, of having political motives.
In addition, the Ministry maintained that PICHR, by holding a workshop on political detention and the due process at this time, 'exercises political and security escalation that lacks legal grounds and serves entities hostile to the Palestinian Government in Gaza to attract attention away from, and cover, the crimes committed daily in the West Bank.
' The Ministry of Information in Gaza Government also released a statement in which it declared that it was considering boycotting the PICHR.
  The undersigned organizations strongly condemn the media campaign against the PICHR and lawyer Serhan, which peaked when a TV channel started an open live interactive program in which a participant said it was not against religion rulings to kill certain persons, and when the Ministry of Information threatened to boycott the Commission.
  The undersigned organizations assert that the content of the workshop that was held by the PICHR has been frequently raised by other human rights organizations in the Gaza Strip.
All of the human rights NGOs in Gaza had issued press releases and statements, held meetings with security and political officials in the Gaza Government; including the Minister of Interior, and called for allowing them access to visit persons in the custody of the internal security apparatus in Gaza.
The denial of access to detainees is a violation of human rights and Palestinian law.
  In the light of this, the undersigned organizations do not view the workshop of the PICHR as an attempt to promote any political agenda, or an illegal attempt against Gaza Government.
They also recall the fact that the PICHR had announced its intention to organize the workshop and distributed hundreds of invitations many days before the death of Fadi Hamadneh in a PNA prison in the West Bank.
Therefore, the attempt to place the workshop in such a politically motivated context lacks any reason.
  The undersigned organizations emphasize that the content of the workshop in fact goes in line with the stated attitudes that have been repeatedly declared by the Gaza Government itself.
Mr.
Ismael Haneya, the Prime Minister of the Gaza Government issued a decree that carried the number (128/2007) on 19 September 2007 in his capacity, then, as Prime Minister and Minister of Interior.
The decree was directed to the security forces in Gaza.
It instructed the police and security forces to respect human rights and law and emphasized the due respect for political and media freedoms, diversity, the right to organize peaceful demonstrations, the detainees right to be protected from torture, the prohibition of political detention without a judicial warrant, keeping detainees only in the officially determined detention facilities, the right of detainees to obtain information about the reasons of their detention, and the detainees right of having a lawyer visits.
The decree declared that its violators would be held accountable in accord with the law.
  The undersigned organizations also point out to the fact that, in March 2009, Mr.
Haneya approved the recommendation of an investigation committee that was formed by the Ministry of Interior to investigate the death of Zaid Jaradat while he was in the police custody.
The committee recommended the discharge of eleven policemen.
    The undersigned organizations also point out to the statement by Al Mezan Center for Human Rights in 2005, in which it called for trying the governor of the Palestinian Monetary Authority, who had refused to execute a ruling by the Palestinian High Court of Justice that ordered lifting a freeze of Islamic charitable societies in Gaza.
  It was Mr.
Serhan, then in charge of the Legal Assistance Unit at Al Mezan Center, who pleaded in that case and saved no efforts to ensure the respect of the law and the punishment of any persons who breach it.
  In the light of this, the undersigned organizations find the reactions of Gaza Government questionable and irrational.
They expect that the Government would act more responsibly by investigating the claims that were raised by the PICHR's workshop and the many statements of human rights organizations with regard to the serious breaches of law and violations of human rights by the law enforcement officers in Gaza.
The undersigned organizations also emphasize the significance of promoting the freedom of expression, which includes criticizing publicly the performance of the authorities in Gaza, and encouraging the monitoring and accountability of the security forces in line with the Palestinian Basic Law, the relevant human rights standards, and also the instructions decreed by the Prime Minister of Gaza Government.
The current campaign will only bring about the opposite effect: encouraging violations of the law and sensor those who criticize its violators.
  The undersigned organizations therefore call on the Prime Minister of Gaza Government to intervene to bring to an end this campaign and act to ensure the respect of law at all times.
They warn about the sequences of the incitement on inflicting harm upon Palestinians on media lets.
This kind of actions represents a serious violation to the law.
The de facto authorities in Gaza bear the responsibility to deter it and to bring its perpetrators to justice.
  Ends   Signing organizations: Democracy and Workers Rights Center Gaza Community Mental Health Program Palestinian Agricultural Relief Committees The Union of  Agricultural Work Committees Ad-Dameer Association for Human Rights The Women's Affairs Center Al Mezan Center for Human Rights