The Independent Commission for Human Rights - ICHR
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2.1.5.8 Replies of relevant agencies
Based on the complaints filed to it in the West Bank, the ICHR sent letters to the agencies claimed to
have committed violations. The ICHR received replies to all letters, denying that Police or security
personnel had assaulted or ill-treated persons detained on grounds of peaceful assembly. Replies
made clear that some detained persons were released without having been charged. Others were
charged in connection to unlawful gathering, provoking division and strife, disparaging and insulting official authorities, and undermining dignity of the President of the State.
Replies also indicated that peaceful assemblies were dispersed after demonstrators had not listened
to the instructions of security personnel, obstructed traffic, created chaos, resisted and incited violence against security personnel. Replies confirmed that surveillance camera records were examined
to verify claims of assaults on protestors by security officers. However, these did no show security
personnel attacking demonstrators.
Based on a review of replies from relevant bodies, it can be said that all these reflected the same
content and can, therefore, be considered to be stereotypical. Still, some details were given on how
security personnel dealt with the peaceful assemblies and how participants approached their right to
freedom of peaceful assembly.
In the Gaza Strip, Police replies to complaints were stereotypical and lacked any detailed data. In
this context, replies to all ICHR letters were a verbatim reproduction of: “A competent committee
has been mandated by the Office of the Police Inspector General to examine and investigate the
complaints in due form, review all actions taken, …” Recommendations included such sentences as
“The complaints was dismissed in view of sound standards of due process” or “The complaint was
dismissed for invalid claims.”
2.1.5.9 Policies, measures and actions taken to protect the right to peaceful assembly
The purpose of the declaration and extension of the state of emergency is to “counter the threat and
prevent the outbreak of COVID-19.” Nonetheless, ICHR monitoring demonstrates measures and
actions prescribed by ministerial decisions in relation to the state of emergency placed restrictions
on the right to peaceful assembly. In particular, the Council of Ministers’ Decision No. 1 of 2020
“Emergency” forbade “[a]ny manifestations of crowding, gathering, celebrations, demonstrations
and strikes shall be banned throughout the territory of the State of Palestine,” constituting a violation of the right to peaceful assembly. Government bodies addressed by the law governing this rights
are already committed to the MoH health protocols.
2.1.5.10 Accountability for violations of the right to peaceful assembly
The ICHR sent letters to relevant government bodies in the West Bank to identity the accountability
mechanisms they implemented against personnel who violated the right to peaceful assembly. According to a reply from the MoI Human Rights Unit, no Police officers or security personnel were
held to account for any abuses of the right to peaceful assembly.
The ICHR was also in contact with relevant criminal accountability institutions in the West Bank. It
received a reply from the Public Prosecution, stating that it dealt with 16 cases of illegal gathering.
Of these, the Public Prosecution remitted 14 cases to the court and dismissed one case. Another case
was still under investigation. On the other end, the ICHR received no replies from the Military Justice Authority on the number of security personnel, who were held to account for committing abuses
Twenty Seventh Annual Report 2021