The experts deplored reports that on 9 October 2023 the Israeli army bombed the building which housed the local headquarters of the Palestine Bar Association, resulting in the destruction of its official archives.
On 4 December 2023, the Israeli army released a video showing the complete blasting of the building of Gaza’s empty courthouse, seized in November 2023.
“The right to a fair trial and access to justice require adequate infrastructure and efficient protection for all actors in the administration of justice, as well as for case files and documentation.
We are alarmed by this unnecessary destruction of the judicial infrastructure in Gaza,” the experts said.
The experts noted that since early October 2023, Israeli lawyers, including Palestinians with Israeli citizenship, who opposed the ongoing Israeli attack in Gaza or who have spoken in defense of Palestinian rights, have encountered harassment from other members of the legal profession and were the subject of complaints to the Israeli Bar Association for their public speech.
“It is regrettable that judges have been attacked online after making decisions to release individuals that were arrested for speech or activism in support for Palestinian rights,” they said.
On October 12, the Israeli Bar Association emailed all registered lawyers stating that the National Ethics Committee would have “zero tolerance” for any lawyer publishing content on personal social media accounts perceived to be “incitement to violence”, and that the Committee would pursue legal action against such lawyers.
The letter did not specify what statements would amount to such “incitement to violence”, having a chilling effect on the freedom of expression of lawyers.“We are concerned that the Bar Association’s email was, in fact, a stifling of speech in support of Palestinian rights or opposition to the attacks in Gaza from those in the legal profession,” the experts said.
“Expressing solidarity with Palestinians should not be equated with support for terrorism,” they said. “The legal profession and its free exercise are an essential element of the rule of law, protection of human rights and functioning of an independent judiciary.”
The experts regretted that elected and appointed Israeli officials have released derogatory statements against Israeli judges following their decisions to release individuals unduly detained for their statements or activism in favour of Palestinians’ rights.
“It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary and the imperative of non-discrimination in accordance with international standards,” the experts said.