GENEVA (31 July 2019) – Two UN human rights experts have called on Israel to halt its efforts to deport the Palestinian
photojournalist Mustafa Al-Nadir Iyad Al-Kharouf, and to regularize his status in Jerusalem.
During the night between 21 and 22 July, the Israeli authorities attempted to deport Mr. Al-Kharouf to Jordan, a country
where he does not have residency rights. Jordan did not accept the deportation, and Mr. Al-Kharouf was returned to
Israel.
“The effort by Israeli authorities to deport Mr. Al-Kharouf to Jordan, where he has never lived and does not have any
legal residency rights, raises serious concerns under both international humanitarian law and international human rights
law,” said Michael Lynk, Special Rapporteur on the situation of human rights in the Palestinian territory occupied since
1967.
The Fourth Geneva Convention prohibits forcible transfer and deportation of protected persons from occupied territory to
the territory of any other country. “Forcible transfer is considered a grave breach of the Geneva Convention, and is
defined as a war crime and a crime against humanity by the Rome Statute,” he said.
Mr. Al-Kharouf has previously been questioned about the nature of his work as a photojournalist. His application for
family unification, which would allow him to continue to live in East Jerusalem with his wife and child, was denied on
the basis of secret evidence in December 2018. The Israeli authorities arrested him in January, alleging that he has
been illegally residing in Israel. Since his arrest, he has been imprisoned, without charges, in Givon Prison, within
Israel.
He was born in Algeria to a Palestinian father and an Algerian mother, and he has lived in East Jerusalem since the age
of 12. His family's attempts over the years to regularize his status were unsuccessful due to the bureaucratic and legal
obstacles related to the legal status of Palestinian Jerusalemites. In 2014 he was granted a visa on humanitarian
grounds which was not renewed in 2015 for unspecified and undisclosed “security considerations”.
“The detention and deportation of Mr. Al-Kharouf directly interfere with Al-Kharouf’s legitimate exercise of rights to
freedom of opinion and expression as a photojournalist,” said David Kaye, Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression.
Both rapporteurs urged the Government of Israel not to deprive Mr. Al-Kharouf of his liberty arbitrarily, and to ensure
that his rights to freedom of opinion and expression were protected.
Palestinians living in East Jerusalem face serious challenges to their residency in the city, with family unification
and other types of permits becoming increasingly precarious. “The precedent which could be set by this case, should we
see a Palestinian deported to a country where he has no ties and no legal status, on the basis of secret evidence, is
highly problematic. We take this opportunity to remind the Government of Israel of its solemn obligations under
international law,” the experts said.