Al Mezan Center for Human Rights expresses concern over the procedures taken by the security apparatus in Gaza against telecommunications companies Jawwal and Al Wataniya within the context of investigating the attempted assassination of Prime Minister Rami Hamdalla on 13 March 2018. The procedures included repetitive summons orders and detention of employees. These actions, amounting to abuse of power and lacking due process protections set out by Palestinian law, must stop. The allegations of non-compliance against the companies should be addressed within the confines of the rule of law and through a trusted investigative mechanism that can be overseen jointly by the Palestinian security forces in the Gaza Strip and the West Bank.

According to field monitoring, on Tuesday, 13 March 2018, the security apparatus in Gaza summoned four Jawwal employees to its office in Gaza City. Security officers informed the employees of the summons order via phone, and the men were kept in detention upon arrival at the security apparatus office. The individuals have been identified as: Omar Mohammed Shamali, general director of the Gaza Strip region, Abdul-Fattah Harbi Al Shurafa, director of commerce, Bassam Fraih Al Edeni, head of the technical directorate, and Mustafa Bassam Al Kayyali, director of the customer service unit. The four employees were released at 2am on Wednesday, 14 March 2018, but they were told to return later that morning. The individuals were being detained despite the fact that there is no available evidence pointing to them being in possession of the information that the security apparatus is requesting; they may also be unauthorized to legally share information from the company.

At 2pm on Thursday, 15 March 2018, Diaa-Eddein Al Madhoun, the attorney general in Gaza, issued an order to close the headquarters of Al Wataniya in Gaza City.

Al Mezan stresses that the summoning of high-profile employees from Jawwal and the order to shutter Al Wataniya are actions taken outside of the confines of Palestinian law. The actions of Gaza’s investigators, acting without the authorities in the West Bank, indicate how costly the internal Palestinian division is—both politically and in terms of security. This division, manifested in differences of legislation, separate judicial systems, and two sitting attorney generals, impacts Palestinians and causes material and immaterial damages to them. The political divide seriously hampers access to justice and undermines confidence in the rule of law.

Al Mezan calls for the instatement of a joint investigative mechanism that would allow for information to be obtained with judicial oversight under existing laws in the West Bank and with participation of Gaza investigators. It has been the case that the two telecommunication companies have responded positively to requests for information that originated from the public prosecution in the West Bank where judicial oversight allows for the respect of due process and fair trial rights in retrieving information from private corporations. An investigative mechanism that is grounded in the Palestinian Authority’s legal framework and involving the Gaza apparatus would comprise the components of an effective investigative mechanism that can operate within the bounds of Palestinian law and international human rights law.    

Al Mezan calls for the immediate cessation of all summons orders and detention of Jawwal employees and demands the immediate re-opening of Al Wataniya.

Al Mezan also stresses the dire need to bridge the internal Palestinian division, including by reunifying the judicial system. Legislative reforms under this division must cease. Al Mezan reaffirms its position that a return to judicial and legal unity is necessary to strengthen the rule of law and prevent increased burdens on Palestinian citizens.