148
and not to be restricted of this right except through a court order in accordance
with the provisions of the Law.186
The Civil and Commercial Procedure Code no. (2) of 2001, particularly in Article
(111) thereof dealt with the legal procedures to be followed to restrict citizens’
right to movement and travel in civil disputes.187 Article (28) of the Law states the
inadmissibility of expelling any Palestinian from the homeland, or prohibiting him
from returning or preventing him from leaving or stripping him of citizenship or
extraditing him to any foreign entity.
II ‐ Violations of the Right to Movement and Travel
West Bank
With the continued political division, and as a direct result of the widespread
impact of its effects and consequences on citizens’ rights and freedoms,
violations of the right to movement and travel emerged during 2010. This is to be
added to the series of violations against the rights and freedoms of citizens
during the division period, and is a milestone in the use of citizens’ rights and
freedoms by the parties as tools of further entrenching the gap between them.
Violations of the right to movement and travel during that period formed a
phenomenon of colorful multiple images to form a whole new path for violations.
Citizens are still paying its direct price from their rights and freedoms guaranteed
by the law. In this context, ICHR received (73) complaints, including violations
related to citizens’ rights to movement and travel. Such violations have taken
different patterns, many of them concentrated as direct reactions based on the
political harassment between the division parties. These patterns have
manifested in several ways, discussed below.
A‐ Continued Refusal of the Interior Ministry to Provide Gaza Strip
Governates with Passports
186
“No one may be arrested, searched, detained or his freedom restricted in any way or prevented from
free movement except by judicial order in accordance with the provisions of law. The law shall specify the
period of remand, and may not be detained or imprisoned in places that are subject to the laws regulating
prisons.”
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