Ramallah – (11th October 2018) – The Palestinian Center for Development & Media Freedoms “MADA” regards the passport withholding and non-renewal of the Editor-in-Chief of MAAN Agency, the journalist, Nasser Al-Laham, about a month ago, by the Ministry of Interior, as reported by Al-Laham, as an illegal procedure which expressly infringes his personal freedom, journalistic work and job position as the editor-in-chief of one of the most preeminent Palestinian news agencies. He is demanding the Ministry of Interior to reverse its decision, which is not justified by the statement it recently issued in which it indicates that he is in debts to Jerusalem District Electricity Company (JDECO) based on the following:
First: There is a constitutional rule that provides for a principle that no person’s liberty may be restricted or prevented from traveling except by a judicial decision. Article 11 of the Palestinian Basic Law states that (1- Personal freedom is a natural right, shall be guaranteed and may not be violated. 2- It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order in accordance with the provisions of the law…).
Second: Article (28) of the Palestinian Basic Law has also stated that “No Palestinian may be deported from the homeland, prevented or prohibited from returning to or leaving it, deprived of his citizenship, or handed over to any foreign entity”.
We, in the Legal Department at the Palestinian Center for Development & Media Freedoms “MADA”, believe that the abovementioned articles are considered altogether a conclusive evidence that no entity may prevent any person from travelling, and this is consistent with the case of the journalist, Nasser Al-Laham. It should be noted that the statement of the Ministry of Interior in regard to the travel ban of the journalist, Nasser Al-Laham, is legally inaccurate, and contains legal controversies, especially that renewing the passport shall not be prohibited, no matter how much is the value of the debt, or the party to whom the person is in debts.
Third: suspending or prohibiting any person’s liberty has to be based on an exclusive judicial judgment. This was absent in the statement of the Ministry of Interior. Furthermore, no person may be prevented from travelling if he/she is in civil debts as the means of executing the civil judgments is provided for in the applicable Execution Law.
Even if a judgment ruling the amount of debt of the journalist Nasser Al-Laham is issued in favor of the electricity company JDECO, it is not permissible in any case not to renew his passport, because (not renewing his passport) means, in other words, preventing him from traveling and this is not permissible unless under a judicial judgment issued according to the law.
Fourth: in addition to the above mentioned, the Ministry of Interior has depended basically, as stated in its statement, on the instructions of the Council of Ministers, which is a non-constitutional procedure, as these instructions are non-constitutional and contradict mainly with the Basic Law, especially that the law that has to be applied in this case is the Basic Law.
Therefore, the travel ban of the journalist, Nasser Al-Lham, is illegal, even if it is based on the Council of Ministers Decision concerning the clearance of the electricity sector No. (17/24/10) of 2014, containing a list of the names of citizens who failed to pay the electricity fees, including the journalist, Nasser Allaham.
The response of the Ministry of Interior's to the declaration of Al-Laham and the manner in which it responded is considered a breach of his freedom of expression. The Press and Publication Law in its Article 25 goes on to state the manner of response in such cases, given that some countries prohibit responding to the citizens' criticism to preserve the freedom of expression guaranteed by the national laws and international standards (including international treaties).
