The Palestinian Centre for Human Rights (PCHR) is concerned by the recent Internal Security Service (ISS) decision to prevent two civilians from travelling through Rafah International Crossing Point. PCHR calls upon the Attorney General to put an end to the use of such measures and ensure respect for the right to freedom of movement, which is guaranteed under the Palestinian Basic Law, as well as the relevant international human rights standards.
According to investigations conducted by PCHR, on Monday, 15 April 2013, ISS staff stationed at Rafah International Crossing Point prevented Abdul Ra’ouf Shreiqi Barbakh (40) and Khaled Ahmed Mousa (43), both from Rafah, in the south of the Gaza Strip, from travelling to Egypt. Abdul Ra’ouf Shreiqi Barbakh informed a PCHR fieldworker that he had submitted his passport to border police at the crossing earlier that morning; however, the police handed the passport over to ISS. Barbakh was questioned for approximately one hour about his activities with the Fatah movement and his reasons for travelling to Egypt. He was eventually informed of the decision that he was being prevented from travelling. His passport was returned to him, along with a notice instructing him to refer to the ISS office on 22 April 2013. In a similar incident, Khaled Ahmed Mousa informed a PCHR fieldworker that he was also prevented from travelling through Rafah International Crossing Point on the same day; he was attempting to travel to Egypt in order to resume his postgraduate studies.
It should be noted that, in recent months, ISS has prevented a number of individuals from travelling via Rafah International Crossing Point or Beit Hanoun (“Erez”) crossing under various pretexts. Moreover, the Ministry of Interior has issued a number of recent decisions which impose restrictions on the right to freedom of movement. The latest such decision was issued on 27 February 2013, when the Ministry declared that persons wishing to travel via Beit Hanoun crossing must obtain a permit prior to travelling.
In light of the above, PCHR stresses that:
- A decision to prevent travel and restrict the right to freedom of movement can only be made by judicial order, in accordance with Article 11-2 of the Palestinian Basic Law, which stipulates that “it is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order […]”, and Article 20 of the Law, which stipulates that “Freedom of residence and movement shall be guaranteed […]”; and
- The imposition of a ban on travel by the ISS or any other executive body is illegal, according to the above Article 11-2, as well as Article 28 of the Law, which stipulates that “No Palestinian may be deported from the homeland, prevented or prohibited from returning to or leaving it […]”.
In view of the above, PCHR:
1. Calls upon the Attorney General in Gaza to seriously investigate arbitrary measures taken by security services in Gaza, which threaten people’s rights and freedoms, especially the right to freedom of movement, which are ensured under the Palestinian Basic Law; and
2. Calls upon the government and security services in Gaza to issue clear instructions to executive bodies to put an end to the use of such measures, and to respect international human rights standards, the Palestinian Basic Law, and all other applicable laws.
