The Palestinian Human Rights Organizations Council (PHROC) calls on the Palestine Liberation Organization and the government to fulfill their legal and national commitments toward prisoners, the wounded, and the families of martyrs, and to revoke the president's decision regarding the mechanisms for disbursing their entitlements
The Palestinian Human Rights Organizations Council (PHROC) has been monitoring the decision issued by the Palestinian president regarding the transfer of the mechanisms for disbursing the entitlements and allowances of prisoners, the families of martyrs, and the wounded to the Palestinian National Economic Empowerment Institution. The Council views this decision as an infringement on a supreme national value enshrined in the Palestinian Declaration of Independence, as well as a violation of constitutional rights guaranteed by the Palestinian Basic Law and other legislation, which have established legal frameworks and vested rights over decades.
The Palestinian Human Rights Organizations Council expresses its deep concern over this decision, which absolves the Palestinian government of any commitments toward this segment of our people and shifts its obligations to the Palestinian National Economic Empowerment Institution. The Council views this decision as part of the ongoing political pressures imposed on the Palestinian Authority for years regarding the handling of Palestinian freedom fighters. This process began with the issuance of a presidential decree establishing the Commission of Detainees and Ex-Detainees Affairs and the dissolution of the Ministry of Prisoners’ Affairs, followed by further developments, including the cessation of payments through the Ministry of Finance and their transfer to the Palestinian postal system, ultimately leading to the cancellation of payments in accordance with existing laws.
The Palestinian Human Rights Organizations Council believes that yielding to imposed political pressures, particularly amid ongoing plans for displacement and ethnic cleansing, threatens the Palestinian people's inalienable and legitimate rights, foremost among them the right to self-determination and independence. At the same time, the Council emphasizes that the ongoing crimes of the occupation against the Palestinian people, including the genocide they are facing, require a unified and collective effort to pressure Third States to hold the occupation accountable for all its crimes, rather than succumbing to political pressures aimed at liquidating the Palestinian cause.
Over the years of occupation, the illegal Israeli occupation has consistently committed war crimes and crimes against humanity against Palestinian prisoners. These include subjecting them to severe physical and psychological torture and prosecuting them under illegal military orders in unlawful military courts that lack the guarantees of a fair trial. Additionally, the occupation systematically carries out the forcible transfer of Palestinian prisoners from the occupied territories to the territory of the occupying state, in clear violation of the Fourth Geneva Convention.
Furthermore, the occupying state exploits Palestinian prisoners economically through its military judicial system, which imposes exorbitant fines on them in military courts. It also violates its obligations and responsibilities toward prisoners by failing to provide their essential needs within prisons, forcing them to purchase necessities at inflated prices from the prison canteen.
All these blatant crimes, illegal policies, and practices committed by the occupying state stem from an unlawful occupation that undermines the Palestinian people's ability to exercise their right to self-determination. These actions constitute a clear violation of the occupying state's obligation to respect this fundamental right.
The Advisory Opinion of the International Court of Justice has affirmed that states are obligated not to recognize the situation resulting from Israel's illegal presence in the occupied Palestinian territories. Additionally, they must refrain from providing any assistance or support in maintaining the status quo created by this unlawful presence.
The illegal occupying state bears full responsibility to provide full reparation for the damage caused by its internationally unlawful actions, including all affected individuals and entities. This obligation extends to compensating Palestinian prisoners and detainees who have been arbitrarily arrested, prosecuted under illegal military orders, and tried before military courts that fail to meet the minimum standards of a fair trial.
The Palestinian Human Rights Organizations Council calls for the revocation of the decision regarding the entitlements of prisoners, the wounded, and the families of martyrs. It also urges the initiation of a dialogue with all relevant official and civil entities to address Israel’s piracy of Palestinian funds. Additionally, the Council stresses the need to establish nationally agreed-upon mechanisms, protected under the Basic Law and relevant legislation, while reaffirming the commitments of the Palestine Liberation Organization and the Palestinian government toward prisoners in Israeli detention, released prisoners, the wounded, and the families of martyrs.