Statement Issued by the Palestinian Human Rights Organizations Council

The Palestinian Human Rights Organizations Council Calls on the Public Prosecution to Reconsider its Position in the Case of Citizen Mezyed Saqf Al-Hait and to Cease Prosecutions Related to Freedom of Opinion and Expressio.

The Palestinian Human Rights Organizations Council has followed with grave concern the judgment issued by the Nablus Magistrate Court on 17 May 2026, convicting citizen Mezyed Samir Saqf Al-Hait and sentencing him to one year of imprisonment on charges of "insulting higher authorities" based on political writings and opinions he had published on social media platforms, which included criticism of public figures and political officials

The Council notes that Mr. Saqf Al-Hait had previously been held in pretrial detention for several weeks in connection with the same case before being released while his trial continued. This further exacerbates the serious implications of prosecuting individuals for the peaceful expression of their opinions, particularly when such expression concerns matters of public interest and criticism of the performance of public officials and public figures.

The Council expresses its deep concern regarding the conviction being based on the application of Article (195/1) of the Jordanian Penal Code No. (16) of 1960, which remains applicable in the West Bank and pertains to the offense of "daring to insult His Majesty the King." By way of analogy, this has been interpreted in the present case as extending to insulting the President.

The Council considers this approach to be inconsistent with the principle of legality in criminal law, which requires that no act shall be criminalized and no penalty imposed except pursuant to a clear and specific legal provision, and prohibits expansive interpretation or analogy in matters of criminalization and punishment.

The Council further emphasizes that the continuation of judicial proceedings based on the peaceful expression of opinions, including charges such as "insulting higher authorities," "defaming and insulting public authorities," or "inciting racial and sectarian hatred," constitutes a serious infringement on the right to freedom of opinion and expression guaranteed under the Palestinian Basic Law and the international human rights treaties to which the State of Palestine has acceded

The Council stresses that international human rights standards afford broad and special protection to expression related to public affairs, criticism of public policies, and scrutiny of the performance of public officials and public figures, as these are essential prerequisites for accountability and public oversight.

Criminal law must not be transformed into a tool for restricting political criticism or silencing dissenting voices.

In this context, the Council commends the communication addressed by the Independent Commission for Human Rights(ICHR) to the Attorney General on 7 June 2026, urging a review of the Public Prosecution's legal position in this case before the competent Court of Appeal, in light of the principle of legality in criminal law and the guarantees of freedom of opinion and expression. The Council also underscores the necessity of halting prosecutions based on peaceful expression and dropping any charges related to the exercise of the right to freedom of opinion and expression.

The Palestinian Human Rights Organizations Council calls upon the Public Prosecution and the competent judicial authorities to:

- Review the legal position in the case of citizen Mazeed Saqf Al-Hait before the Court of Appeal in a manner consistent with the principle of legality in criminal law, guarantees of a fair trial, and freedom of expression.

- Refrain from relying on vague criminal provisions or analogical interpretation in cases related to the expression of opinions, particularly those involving political criticism and matters of public interest.

-  Cease criminal prosecutions against citizens, journalists, activists, and human rights defenders based on the peaceful expression of their opinions.

- Review legislation and practices that restrict freedom of opinion and expression and ensure their conformity with the Palestinian Basic Law and the international obligations of the State of Palestine.

The Council reiterates that the protection of freedom of opinio and expression constitutes a fundamental pillar of a democratic system and the rule of law. Any allegation of harm resulting from expression should be addressed only within the narrow limits permitted by law, in a manner that achieves a legitimate balance between protecting reputation and privacy on the one hand and safeguarding public freedoms and the right to oversight and accountability on the other.

Palestinian Human Rights Organizations Council.

 

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