Upon MUSAWA's Interventions: Issuing A Passport for A Citizen and Allowing the Affected People to Have Access to The Investigation File on The Nuseirat Fire Incident
The right to a nationality is a constitutional right that cannot be violated. Thereof, depriving any citizen of their right to obtain a Palestinian passport violates the provisions of the social contract (the Basic Law), the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which the State of Palestine is a party. On the other hand, those affected by serious accidents have the right to be informed of the investigation procedures and results, the right to compensation, and the guarantee of accountability for the perpetrators.
The Beginning of The Problem
On 23/09/2019, MUSAWAH Center received a written complaint from journalist Aladdin Shamali, after the legal staff at the MUSAWA's Gaza office approached him to ask him about his appeals through social media about the Ministry of Interior refusing to issue him a passport instead of his passport that was destroyed in the bombing of his house in 2014 for security reasons, which the ministry did not clarify. This costed the complainant to miss opportunities to further pursuit his postgraduate studies, as well as training opportunities abroad related to his work as a journalist.
On the other hand, the center received, in August 2020, a complaint from the citizen Amer Abu Youssef through his lawyer, Fyez al-Naqlah about the Deir al-Balah Prosecution's refusal of the citizen's request to review the investigation file of the Nuseirat Market fire incident that occurred in March 2020 in which his father and older brother were killed while a whole family-owned concrete factory was reduced to ashes.
In light of the first complaint, MUSAWAH Center sent a legal memo on 10/10/2019 to the Minister of Interior, Dr. Muhammad Shtayyeh, in which the center requested that the journalist Aladdin Shamali be provided with a replacement passport, as it is a sacred right that cannot be compromised, with a statement that with regard to the right to travel; the judiciary and the judiciary only have the power to prevent him from traveling temporarily if the reasons for this denial are available, in accordance with the law.
In light of the second complaint, MUSAWAH addressed, on 2/9/2020, a legal memo to the General Prosecutor in Gaza, Mr. Diaa Al-Madhoun, in which the center demanded that the findings of the investigation subject of the complaint be announced and that the complainant and all those affected by the fire incident be given their right to see the investigation procedures and findings in a manner that guarantees all their legal rights, foremost of which is the right to compensation and ensure accountability for the perpetrators.
The Complaining Journalist Obtained A Passport, And the Person Affected by The Nuseirat Fire Incident Obtained A Copy of The Investigation File
During March 2021, MUSAWAH Center received two letters of thanks, one of them from the journalist Aladdin Shamali, stating that a passport was issued to him after years of being denied travel, while the second letter was from the lawyer Fayez al-Naqla, the attorney of the affected citizen, Amer Abu Youssef, in which they stated they were given access to a copy of the Nuseirat fire investigation file.