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Gaza court decision preventing the distribution of Al-Ayyam newspaper, political one and based on threadbare laws, which haven’t cope with freedom of opinion and expression evolution

Palestinian Center for Development and Media Freedoms (Mada) regards the Gaza Magistrate Court decision which prevent issuance and distribution of Al-Ayyam daily newspaper as dangerous and political decision, and it doesn’t present a good example of independence,  regarding freedom of opinion and expression, especially the complaint is the Legislative Council, which is an official body and its work must be subjected to all forms of censorship, including popular and media control, criticizing it is not considered defamation and libel as interpreted by the court.
Mada also expressed its concern over the fact that the court issued a decision based on threadbare legislation, which goes back to more than seventy years ago, and did not cope at all developments in the humanitarian community and international covenants of human rights, which guarantee freedom of opinion and expression.
The Legislative Council is supposed to issue legislation, which enhance freedom of opinion and expression, rather than prosecution of local newspapers on the basis of outdated legislation, which lacks the minimum respect for public freedoms and human rights.
Gaza Magistrate Court had issued a decision on the sixth of this month preventing the issuance, printing and distribution of Al-Ayyam newspaper in Gaza Strip, in the pretext of involvement in many legal violations, defamation and slander against Legislative Council members.
The decision came after the Legislative Council make a complain to the court contains defamatory to its members on caricature published by Baha Al-Bukhari on the last page of Al-Ayyam newspaper in November 7,2007, about deputizes legality of (imprisoned) members of the Legislative Council, it has been published with the words( illegality), The court of first instance incarcerate chief editor Akram Haniya and Baha Al-Bukhari for six months, with a suspension of imprisonment for a term of three years, and fine each of them thousand shekels, or imprisonment for two months, reclining on Article 203 and 204 of the Penal Law No. 74 of 1936.
Mada renew its complete refusal to the continued prevention of Felesteen and Al-Resalah distribution, in West Bank and considered it violation of the freedom of opinion and expression, and calls for:
1. the necessity to review the Gaza Court decision, which prevents issuance and distribution of Al-Ayyam newspaper.
2. The need to ensure the free issuance and distribution of Al-Ayyam, Al-Resalah and Feleesteen newspapers, in West Bank and Gaza Strip.
3. The Need to revise the legislation of freedom of opinion and expression, to ensure its harmony with international standards of human rights and the developments in this field.
Note: Al-Ayyam daily newspaper was established on 1996, and its headquarters located in Ramallah city.

Ramallah
February 12, 2008