BETHLEHEM (Ma’an) -- A commission of inquiry established to investigate peaceful protests in the occupied West Bank earlier this month -- when Palestinian police assaulted protesters and smashed equipment belonging to journalists covering the event s -- found that security forces violated regulations and acted disproportionately at a Ramallah sit-in.
However, the same commission determined that security forces acted with “a high level of self control” at a protest near Bethlehem, when live fire was used on locals, and called for an investigation into protesters’ actions.
Demonstrators had first gathered in front of the Ramallah magistrate’s court on March 12 during a hearing into an ongoing case against Palestinian activists charged by the Palestinian Authority (PA) with weapons possession and planning an attack on Israel -- despite the fact that four of them are held in Israeli prison and one, Basel al-Araj, was shot dead by Israeli forces the previous week.
A similar protest held later the same day in Duheisha refugee camp in the southern occupied West Bank was also violently suppressed.
The case against the activists has been denounced by Palestinians for typifying the PA’s security coordination with Israel, which has been described by critics as a "revolving door policy" funneling Palestinians from PA jails into Israeli prisons.
Following outrage over the police brutality, Palestinian Prime Minister Rami Hamdallah in his capacity as Interior Minister ordered the establishment of a commission of inquiry into the events in both cities, which was appointed by Palestinian President Mahmoud Abbas.
In the wake of the the protests, PA security forces spokesman Adnan al-Dmeiri also accused “mercenaries” and “foreign agents” of sparking the clashes to cause internal Palestinian strife, and called the protests “cheap incitement.”
The findings and recommendations of the commission were released Monday evening.
Peaceful Ramallah sit-in dispersed against wishes of PA security chief
The decision to immediately and forcefully disperse the sit-in in front of the courthouse was ordered by head of the Ramallah district police Abed al-Latif al-Qaddum -- in defiance of head of the National Security Forces Nidal Abu Dukhan, who had negotiated to allow more time for protesters to continue demonstrating, according to the report.
Both al-Qaddumi and Abu Dukhan were present at the sit-in, but it remained unclear whether the two were in communication when they issued their opposing directives.
The commission also noted and condemned that al-Qaddumi personally confiscated a camera from a journalist.
They recommended “appropriate legal procedures” be taken by the Ministry of Interior against al-Qaddumi for his role in suppressing the protests, and also against the head of the Special Police Force in the Field, al-Qaddumi's subordinate.
Violations by PA forces at Ramallah sit-in
The report stressed that using force to disperse the sit-in violated Interior Ministry guidelines, which only allows for the use of weapons and force against non-violent gatherings when it is necessary to protect the lives of citizens.
The commission noted that use of force at the sit-in also violated each of the three principles of the security forces’ open fire regulations: necessity, gradual escalation of the use of force, and proportionality.
“There was excessive use of tear-gas bombs, with no consideration of the nature of the area (in which the sit-in took place), which is crowded with schools.
“The manner in which (the tear gas) was used -- in some cases being fired horizontally and directly at protesters -- was dangerous and violated principles of using tear-gas,” the report said.
The commission recommended that the Interior Ministry issue instructions regarding the appropriate use of tear-gas and taking the nature of the area and people into account.
However, the report said that the manner in which security forces were armed was legal and in accordance with rules and regulations -- with the exception of one policeman who used an electric baton, which was not an accepted weapon.
The investigation committee recommended that the officer be punished.
The commission stressed that the assault of journalists -- both photographers and reporters -- was not justified, necessary, or acceptable under any circumstances.
They highlighted that some of the security forces were dressed as civilians “to gather information,” who also attempted to confiscate cameras from journalists and protesters.
The commission recommended that the Ministry of Interior issue an immediate directive to all members of security services to respect journalists in the field, on how to deal with journalists when their reporting methods break the law, and recommended journalists be compensated “for the damages done to their equipment.”
One intelligence officer dressed in civilian clothes punched a demonstrator in the face, the commission highlighted, describing it as “an individual act,” as there were “not any field interventions by any other security members dressed in civilian clothes.”
The Interior Ministry was asked to take disciplinary measures against the security officer, and to issue a directive that undercover police not intervene in dispersing sit-ins or marches.
The commission also suggested that police patrols be provided with loudspeakers to call out to protesters, and further stressed that officers in the field be better trained on how to manage peaceful protests, “especially in the context of the continuous Israeli assassinations and assaults against Palestinians.”
‘Insensitivity’ in holding court session after al-Araj’s killing
The commission noted the poor discretion and timing in holding the court session, seemingly acknowledging the trial’s role in sparking the protests.
The Ramallah magistrate’s court did not take the sensitivity of the issue into consideration when it decided to carry on with the trial only days after al-Araj’s killing by Israeli forces, which had evoked a strong emotional response among Palestinians, the investigation found.
The commission denounced the insensitivity of the court's decision to notify al-Araj’s co-defendants -- Muhammad Harb, Haitham Siyaj, Muhammad al-Salamin, and Seif al-Idrissi -- to appear at the hearing, despite the court's knowledge that they were being held in Israeli prison.
According to local news reports at the time of the trial, the judge requested that documentation be presented to prove that the four were actually being detained by Israel. The judge also reportedly dropped charges against al-Araj only after his death certificate was presented.
After the defense lawyer presented a certificate as proof of their detention, the judge disregarded it, and decided to postpone the trial until April 30, reportedly saying that “the four might be out of Israeli prisons” by that date.
The commission noted that the court was expected to close the case at the hearing, not postpone it.
The report recommended that the Supreme Judicial Council open an investigation into the ongoing case.
Their report also said that the political nature of the sit-in was not taken into account, nor was the fact that al-Araj’s relatives were present at the rally -- his father, notably, was assaulted by police.
The commission also highlighted that al-Araj’s body was still being withheld by Israeli authorities at the time.
Security forces acted with ‘high levels of self control’ in Duheisha
In contrast to the commission’s findings regarding the sit-in in Ramallah, their investigation into protests in Duheisha refugee camp determined that security services “had a high level of self-control and proficiency, as they were not dragged into violence despite being attacked” by demonstrators.
According to the report, what started as a peaceful gathering and march “quickly devolved into an illegal gathering in which many participants used violence -- throwing rocks, empty bottles, and later Molotov cocktails targeting police headquarters, which caused damages and injuries among police and national security forces.”
The report made no mention of the use of live bullets, tear gas, and sound bombs by police, as was reported by witnesses at the time.
The commission recommended that the public prosecution launch an investigation into protesters responsible for throwing homemade bombs and Molotov cocktails at security forces.
Criticism of media, political factions
The commission notably called on official Palestinian media to cover events with “balance and more subjectivity in order to boost their credibility and lessen tensions among Palestinians.”
While the commission’s report acknowledged that the Ramallah sit-in, which was called for by multiple parties via social media, was indeed non-violent and that protesters did not vandalize or damage public or private property, they criticized factions for organizing the event “without informing the police or the district in accordance with law.”
The public meetings’ law mandates the right of citizens to hold meetings without a license, but requires that district police be notified 48 hours in advance.
Palestinian political parties were also called upon to “commit to a responsible united national speech, which does not point fingers, and call for unity, not division.”
The commission recommended that factions, when organizing demonstrations, agree not to close public streets, to “respect the directions and instructions of the police regarding where to stand,” and to “commit to (chanting) responsible national slogans.”
Factions were also called upon to reject the use of violence, the damaging of public and private property, and putting civilians’ lives at risk during political rallies.
The commission also demanded that the right of women to take part in peaceful protests be ensured, and “to show more sensitivity regarding their participation and not make them a target of attacks or skepticism.”
Recommendations issued to PA cabinet
Recommendations issued to the cabinet, or minister’s council, included a review of the public meetings law so that it may be compatible with international agreements and resolutions regarding human rights, especially the International Covenant on Civil and Political Rights.
The cabinet was also recommended to follow up issuing a law, compatible with international principles of human rights, that stresses the function of police as a service to civilians.
The commission further recommended that the cabinet expedite the issuance of a law regarding the right to information, which also organizes a relationship between official institutes and journalists.
Report welcomed by media freedoms watchdog
In the wake of the protests, Palestinian press freedoms watchdog MADA had expressed its “deep concern and strong condemnation” of unjustified and excessive use of force by police.
MADA has consistently reported that as a direct result of violations of freedom of expression by Palestinian authorities, Palestinian journalists and media workers routinely avoid reporting on certain topics and practice self censorship.
Violations against journalists documented by MADA have included “certain types of torture” and prosecuting journalists over reports in mainstream and social media channels.
Following the release of the commission’s findings on Monday, MADA welcomed the report and called the Palestinian government and all concerned parties to adopt work towards implementing its recommendations “as soon as possible.”
The NGO highlighted in particular the urgent need to pass the law on the right to access information.