118
justification or reason permitted by the Palestinian Basic Law amended in 2003,
but constituted an unprecedented violation and discrimination against them.
He called on ICHR to review those responsible because he has the full right to
belief, conscience and religion under the Palestinian Basic Law, International
Human Rights Law and that he underwent persecution because of his views and
beliefs. And accordingly he calls for the return of his wife and an investigation
into his complaint. On 15/06/2010, ICHR sent a letter to the Interior Minister, Dr.
Said Abu Ali, to investigate his complaint, because the infringement of a citizen’s
freedom of religious doctrine is contrary to the provisions of Article (18) of the
Palestinian Basic Law, which states "freedom of belief and worship and practice
of religious rights is guaranteed provided that it does not disturb public order or
public morals.” The complainant and his wife filed a lawsuit at the Supreme Court
as the Constitutional Court challenged the constitutionality of the Sharia Court’s
decision of their separation. The constitutional Court, however, turned down the
case under the pretext of non‐rivalry.
IV ‐ The Right to Freedom of Peaceful Assembly139
Paragraph (5) of Article (26) of the Palestinian Basic Law guarantees the right to
peaceful assembly and allows for "holding private meetings without the presence
of police members, and to conduct public meetings, gatherings and processions,
within the limits of the law" whereas Article (2) of the Public Assemblies Law No
(12) of 1998 states that "citizens have the right to freely hold public meetings,
seminars, and demonstrations, which should not be affected or restricted unless
in accordance with the controls stipulated by this law".
Article (4) of the Public Assembly Law provides for a number of foundations for
the exercise of this right, stating
"A written notification should be signed and submitted by the
organizers of the meeting, provided that they are no less than three
individuals, indicating the purpose of the meeting and the time and
place where the meeting shall be held but in the case a written
notice is submitted by a legal person, the signature of the
139
ICHR is satisfied with listing some examples of violations to the right to freedom of peaceful assembly.
For further information, refer to monthly reports published on the website: www.ichr.ps
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