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Communiqué du PCHR

Mardi, 19 juillet 2011 - 15h41

mardi 19 juillet 2011

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PCHR
Palestinian Centre for Human Rights

Ref : 67/2011

PCHR Calls for the Annulment of Gaza Interior Minister’s Decision to Dissolve Sharek Youth Forum in Gaza

The Palestinian center for Human Rights (PCHR) is gravely concerned over the Gaza government Interior and National Security Minister’s decision to dissolve Sharek Youth Forum in violation of the Palestinian Basic Law and the Charitable Associations and Community Organizations Law No. 1/2000.

On 12 July 2011, Fathi Hammad, the Gaza government Interior and National Security Minister, issued Decision No. 31/2011 Concerning the Dissolution of Sharek Youth Forum. Hammad reasoned this Decision in Article 1 stating that : « 1. The Gaza Branch was not licensed by the Ministry of Interior in Gaza, and 2. The Forum violated public order and morals as concluded by investigations conducted by the Attorney General. » It should be noted that this Decision was taken by the Interior and National Security Ministry before pronouncing the final decision of the High Court of Justice in this regard. In its session dated 27 June 2011, the High Court of Justice accepted the appeal filed by Sharek and demanded « the respondents to explain the reasons preventing the appellant from resuming its activities within 15 days starting from that date. »

This decision is part of a series of arbitrary measures taken against Sharek Youth Forum over the past few months. These measures include summoning members of Sharek Youth Forum, searching Sharek’s offices and confiscation of contents of these offices. The culmination of these measures was a decision taken by the Attorney General in Gaza, Mohammed Abed, on 29 November 2010 to close Sharek’s offices in Gaza until the conclusion of investigations. The security services also closed Sharek offices in Jabalya and Rafah although no decisions were taken to close these offices.
Following the publication of this Decision, PCHR sent a letter to the Prime Minister in Gaza, Mr. Ismail Haneyehon, on 16 December 2010 calling for the reopening of Sharek’s offices in the Gaza Strip, noting that the decision to close Sharek clearly violates the provisions of the Palestinian law.

PCHR expresses reservations over the Gaza government Interior and National Security Minister’s decision as it violates the Charitable Associations and Community Organizations Law No. 1/2000.

1.The introduction of the Decision reads that following consideration of applicable laws and powers legally granted to the Minister and « with the purpose to maintain the Palestinian social structure and in accordance with the requirements of the public interest, it has been decided …. » Maintaining the social structure which is mentioned in the Minster’s Decision was not mentioned in the law ; however, this structure can be maintained by respecting the law and the rule of law, not by violating the law. The legal rule explicitly states that : « No jurisprudence may be presented as long as there are legal provisions. » In this case, the provisions of the law are explicit as regard to the dissolution of Sharek. The measures that have been taken taken have nothing to do with the law.

2.The first reason for taking this Decision as expressed by the Minister, « the Gaza Branch was not licensed by the Ministry of Interior in Gaza, » is surprising especially as Sharek and its main office in Jerusalem was registered at the Palestinian Authority Ministry of Interior in 2004 and at the Ministry of Youth and Sports in 2005. According to Article 15 (2) of the Charitable Associations and Community Organizations Law No. 1/2000, an Association has the right to open branches within Palestine, thus opening new branches for Sharek in the Gaza Strip does not require new registrations.

3.The second reason for taking this Decision as expressed by the Minister is that « the Forum violated public order and morals as concluded by investigations conducted by the Attorney General. » Basing the Minister’s Decision on investigations conducted by the Attorney General does not have any legal basis as these investigations were conducted in violation of Article 120 (4) of the Penal Code No. 3/2001 which states : « Detention duration may not, in any case, be in excess of 6 months, otherwise the accused person shall be released unless he/she is referred to a competent court for trial. » Thus, the allegation regarding the investigations conducted by the Attorney General as mentioned in the Minister’s Decision are in violation of the law and cannot be considered, especially as six months have passed since the Attorney General announced opening investigations into violations that took place in Sharek. The investigations of the Attorney General cannot constitute a basis on which one can depend as long as no indictments were presented to a competent court to take a decision. None of the persons who were placed under investigations were required to appear before a judge in accordance with the requirements of the law.

4.Article 3 of the Minister’s Decision is in violation of Article 38 (2) of the Charitable Associations and Community Organizations Law No. 1/2000 which states that : « If the decision to dissolve an association or organization is appealed before a competent court, the concerned association or organization may resume its activities until a permanent or final court decision is taken to suspend the activities of this association/organization or to dissolve it. » Sharek Youth Forum had filed two applications at the High Court of Justice against the Attorney General’s decision and filed a third application with the Magistrates Court in presence of one party concerning the imposition of precautionary seizure on Sharek’s property. It should be noted that Sharek Youth Forum is a major partner of the Ministry of Youth and Sports and UNDP, and it provides services to hundreds of Palestinian families in the Gaza Strip in line with Article 10 of the Charitable Associations and Community Organizations Law No. 1/2000 which states that : « The relationship between associations and organizations with competent ministries shall be based on coordination, cooperation and integration for the purpose of serving public interests. »

In view of the above, PCHR calls upon the government in Gaza to :

1. Cancel the decision to dissolve Sharek Youth Forum in Gaza as it violates the Palestinian Basic Law and the Charitable Associations and Community Organizations Law No. 1/2000, reopen its offices and allow it to resume its activities.

2. Respect the right to form associations in accordance with the Palestinian Basic Law and the Charitable Associations and Community Organizations Law No. 1/2000.

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