Statements and Positions
ICHR demands the immediate release of citizens detained on grounds of protests against conveyance of Tamim al-Dari Waqf land and calls for a

6 February 2017

07/2017

The Independent Commission for Human Rights (ICHR) monitored the case and peaceful demonstrations associated with the transfer of title of the Abraham’s Oak Holy Trinity Monastery (Al-Muscobiya) to the Russian Mission in Hebron. The ICHR monitored how security agencies dealt with citizens’ protests, particularly on Saturday, 4 February 2017, in the Murabba’at Sibtah area near to Monastery in the Hebron city. The ICHR documented assaults by security personnel on some participants in a sit-in protest against the transfer of the property title.

According to ICHR documentation and monitoring, security personnel set up military checkpoints at entrances to the Hebron city, declared the area of the Abraham’s Oak Holy Trinity Monastery a closed military zone and blocked the sit-in protest. Security personnel prevented participants from taking part in the protest, used force to disperse protestors and fired tear gas grenades. In addition to seizing ID cards, security personnel detained almost 50 protestors. After the ICHR staff intervened, security agencies cooperated and allowed participants to deliver a speech on the event.

The sit-in protest was organised at the call of the Committee on Follow up with the Waqf of Tamim al-Dari at the Al-Tamimi Family Council. The land on which the Abraham’s Oak Holy Trinity Monastery was constructed is a property of the Waqf of Tamim al-Dari. Members of the Hizb al-Tahrir (Liberation Party) embraced and disseminated the call for the sit-in protest. On 1 February 2017, a delegation of the protest organisers visited and brought the event to the Hebron Governor’s attention. However, the Governor categorically rejected the protest. The delegation did not submit a written notice in accordance with the provisions of the Palestinian Law on Public Gatherings.

On 9 January 2017, the President’s Office issued instructions to the Director General of Palestinian Land Authority to transfer title of the land on which the Abraham’s Oak Holy Trinity Monastery lies to the Russian Mission. However, on 23 June 2016, a provisional decision had been rendered by the High Court of Justice, ruling that transfer of the land title to the Russian Mission be suspended until the case, which was still being examined before the court, is disposed. Against this background, the ICHR calls on:

  1. The security agencies to respect the right to freedom of peaceful assembly, release detained citizens and restore ID cards to respective holders.
  2. The Executive Authority to comply with the decision of the High Court of Justice, suspend registration of the land in dispute until the case is adjudicated and maintain access to legal recourse.
  3. Citizens to abide by the procedures prescribed by the Law on Peaceful Gatherings, keep the land dispute within a legal framework and avoid using the this dispute to fuel religious or sectarian sentiments.