MUSAWA Asserts Opposition to Political Arrests


West Bank and Gaza

West Bank / Gaza / Core Program / position paper


MUSAWA Asserts Opposition to Political Arrests


MUSAWA - The Palestinian Center for the Independence of the Judiciary and the Legal Profession affirms that all citizens enjoy their constitutional rights, including the right to express opinion, as an integral part of the right to political participation in public life, which is constitutionally guaranteed under the provisions of Article (26) of the Basic Law and the Palestinian Declaration of Independence, which considered Palestine to belong to all Palestinians without discrimination. While referring to the provisions of Article (9) of the Basic Law prohibiting discrimination among Palestinians in all its forms, including discrimination on the basis of political opinion, MUSAWA considers that the time has come to stop the execution or enforcement of arrest, locking, or detention on the basis of expressing political opinion and by claiming what is called stirring up strife or slander of the highest ranks, which is no more than a cover for the practice of the policy of silencing, despotism and tyranny that contradicts the constitutional principles mentioned above and negatively affects the requirements for strengthening societal unity that the Palestinian people expressed in all their places in a historic strike that has not been witnessed in the history of the region. MUSAWA also calls on the Public Prosecution and the judiciary in the northern and southern governorates to refrain from applying or executing what is stated in the applicable Jordanian or English penal laws that contradict what is stated in the Basic Law and the Declaration of Independence and to stop all forms of arrest or detention on the basis of expressing an opinion, especially if it is about the performance of the public employee whereas the citizen has the right to criticize the performance, whatever terminology or opinions expressed by the citizen in his/her criticism of the official performance. Noting that the space for freedom of opinion is absolute in this regard, and that the claim of violating the privacy or personal dignity of the person who was criticized is dealt with according to civil and human rights procedures, away from all forms of deprivation of freedom.  


Therefore, we at the MUSAWA demand the release of all those arrested or detained based on opinion and an immediate halt to any arrest for the same reason and not to return to it. 


Issued on 25/5/2021




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