Mr. President, The Rule of Law is a Binding Constitutional Principle, Not a "Slogan"

The Palestinian Human Rights Organisation Council extends its greetings to you. We address you in your capacity as the Commander-in-Chief of the Palestinian Security Forces, as per the Law of Service in the Palestinian Security Forces of 2005 and its amendments. This comes at a critical and perilous time for our people and our national cause, amidst ongoing Israeli crimes of genocide and the ongoing policies of ethnic cleansing, which have persisted since the Nakba against our people. These continuous policies of erasure aim at destroying the Palestinian people and their identity. These circumstances demand serious national responsibility to confront the challenges we collectively face.

As we honour the martyrs of our people, including citizens and members of the security forces, and as we condemn any actions in contradiction with the law, whether in the northern or southern governorates, we call on you to conduct a comprehensive review of the human rights situation and public freedoms in Palestine at the national level.

Mr. President, "Commander-in-Chief of the Security Forces,"

Recently, Palestinian and international human rights organisations have documented numerous violations committed by the Palestinian security forces against the public rights and freedoms guaranteed by the Palestinian Basic Law. These include actions amounting to torture, ill-treatment, violations of freedom of opinion and expression, arbitrary arrests and detentions as punitive measures, collective punishments, including holding citizens as hostages, the closure of newspapers, media outlets, and websites in violation of the constitution, discrimination based on political belief, issuance of administrative decisions aimed at intimidating citizens, and failure to respect and implement judicial decisions. Additionally, our organisations documented a noticeable failure by the official accountability bodies, represented by the civilian and military prosecutors and internal oversight bodies within the security forces, to fulfil their duties under the law. Consequently, this renders official statements regarding adherence to the rule of law mere rhetoric without meaningful implementation.

The right to physical integrity is a constitutional principle that must be respected and protected. It is among the public rights and freedoms enshrined in the Basic Law, which prohibits subjecting anyone to coercion or torture and mandates the humane treatment of detainees and others deprived of their liberty. Numerous cases have been documented where security forces committed acts of torture and inhumane treatment against citizens during arrests and detentions. Many complaints have been filed with accountability bodies regarding these violations. The lack of concrete and genuine measures to restrain and halt acts of torture by the Palestinian security forces risks making torture a systematic practice in Palestine, qualifying as crimes defined under the Basic Law and related legislation, and potentially elevating to crimes against humanity, necessitating both national and international accountability measures.

The right to freedom of opinion and expression is guaranteed by the Palestinian Basic Law. It is a fundamental constitutional right that must be protected and promoted. Human rights organisations in the Council have documented violations of this right by security forces through summoning and detaining citizens over their social media posts, as well as the arrest and detention of journalists for their professional work. Furthermore, we have documented the closure of media institutions and online media platforms. Human rights organisations conclude that violations of the right to freedom of opinion and expression have become a systematic policy of the Palestinian security forces, exacerbated by the lack of accountability mechanisms for these violations.

The imposition of collective punishments, which our people have suffered from, are prohibited under both the Palestinian and international laws, and must not become part of the culture of the Palestinian security forces. Human rights organisations have documented the imposition of a siege on the Jenin Refugee Camp during the recent security campaign carried out, which have dramatically affected the camp and its residents. We have witnessed the security forces storming into medical centres and hospitals, either to conduct arrests or use these spaces for security purposes, the imposition of restrictions on citizens’ movement and services, and the hindering of the population's access to essential services. These actions constitute a form of prohibited collective punishment.

Mr. President, "Commander-in-Chief of the Security Forces,"

The rule of law, as enshrined in the Basic Law as the foundation of governance in Palestine, states: "The rule of law is the basis of governance in Palestine. All authorities, agencies, institutions, and individuals are subject to the law." This is a constitutional principle that must be respected by everyone; citizens and officials alike. Enforcing the law against lawbreakers must be carried out within the framework of the law, ensuring that those responsible for enforcing the law do not become equivalent to those who break it.

The lack of accountability and impunity, along with the failure of oversight bodies to conduct mandatory investigations under relevant laws and regulations, foster a culture of disregard for the rule of law. This negatively impacts the discipline of security personnel, reinforcing a sense of being above accountability and the law. Such a culture poses a real threat to the structure of the Palestinian political system and its approach to addressing internal national issues. It widens the gap between citizens and security institutions, harms our national struggle for independence and state-building, and exposes security personnel and leaders to potential prosecution by international courts.

The Palestinian Human Rights Organisations Council urges you to take immediate action and issue strict instructions to the security forces to adhere to and enforce the law, thereby ensuring the safety of security personnel during law enforcement operations while respecting the constitutional guarantees of citizens’ rights and freedoms as stipulated in the Palestinian Basic Law. Furthermore, we urge you to direct oversight bodies to fulfil their duties, including conducting inspection visits to detention centres, initiating criminal investigations into all violations, and referring those found responsible to the competent judiciary.