Law by Decree No. 7 of 2020 Concerning the State of Emergency

Law by Decree No. 7 of 2020

Concerning the State of Emergency

The President of the State of Palestine

The Chairman of the Executive Committee of the Palestine Liberation Organisation

In reference of the Bylaw of the Palestine Liberation Organisation,

The Amended Basic Law of 2003, as amended,

Having reviewed the Penal Law No. 16 of 1960, as amended, in force in the Northern Governorates,

The Penal Law No. 74 of 1936, as amended, in force in the Southern Governorates,

The Revolutionary Penal Law of the Palestinian Liberation Organisation of 1979,

The Public Health Law No. 20 of 2004, as amended,

The Law by Decree No. 10 of 2018 Concerning Cybercrime,

The Consumer Protection Law No. 21 of 2005, as amended,

Presidential Decree No. 1 of 2020 Concerning the Declaration of the State of Emergency,

Based upon the powers vested in me, and

In pursuance of the public interest,

I hereby promulgate the following Law by Decree:

Article 1

When the state of emergency is declared by a presidential decree in accordance with the Basic Law, the President of the State, or the person whom he authorises, shall assume the powers of enforcing the provisions of such a decree as well as the laws, decisions and instructions arising therefrom. In particular, he shall be entitled to:

1. Close the borders and external crossing points of the State and restrict movement and gathering within and outside cities only to the extent permitted and declared.

2. Take the decisions, procedures and measures necessary to achieve the purposes of the declaration of the state of emergency.

3. Suspend work at public and private institutions, either wholly or partly.

4. Borrow and defer the payment of public and private debt.

5. Seize necessary real estate, means of transportation and equipment to be used to enforce the measures taken.

6. Suspend necessary provisions of laws, within the necessary limits in order to fulfil the purposes of the declaration of the state of emergency.

7. Establish official and nonofficial committees to assist the competent authorities to achieve the goals of the declaration of the state of emergency.

Article 2

When the state of emergency is declared in the Palestinian territory for any reason of those determined by the Basic Law, the decisions and instructions issued forth by the competent authorities and the measures taken in such regard shall be binding on all and enforceable on criminal and civil penalty.

Article 3

Notwithstanding any other legal provision, and without prejudice to any heavier penalty prescribed by another law:

1. Each person who violates the decisions, instructions, measures and procedures taken by the competent authorities with a view to achieving the purposes of the declaration of the state of emergency shall be punished by confinement for a term of not more than a year and a fine of not more than two thousand Jordanian dinars or its equivalent in the legal currency of circulation.

2. Each person who obstructs the operations of law enforcement agencies, maintenance of the public order, or competent staff during the state of emergency shall be punished by confinement for a term of not more than a year and a fine of not less than one thousand Jordanian dinars and not more than three thousand Jordanian dinars or its equivalent in the legal currency of circulation.

3. Any bodies other than those legally authorised shall be prohibited from making any announcements or statements in relation to the state of emergency, disseminating news associated therewith, while not referring to an official source, in any form whatsoever, or by means of all print, audio and visual social medical platforms. Each person who violates this shall be punished by confinement for a term of not more than a year and a fine of not less than two thousand and not more than five thousand Jordanian dinars or its equivalent in the legal currency of circulation.

4. Everybody shall be prohibited, during the period of the declaration of [the state] of emergency, from monopolising, concealing or adulterating goods, and violating the pricing declared by the official authorities, or exploiting the same to make grievous or illicit gains. Each person who violates this shall be punished by confinement for a term of not more than a year and a fine of not less than three thousand and not more than twenty thousand Jordanian dinars or its equivalent in the legal currency of circulation. The judge shall be entitled to aggravate the penalty up to the double in the event the monopolised or manipulated item is a basic commodity.

5. Each person who abuses his powers, including by law enforcement agencies, in order to make illicit gains shall be punished by confinement for a term not more than a year and by dismissal from service.

6. Each person who is reluctant to perform the duties assigned to him, including by vital public service teams, shall be punished by confinement for a term not more than a year and by dismissal from service.

7. Each person who commits any crime against public order and community safety and stability during the state of emergency shall be punished by the maximum penalty prescribed by the law.

Article 4

1. The Public Prosecution, Military Prosecution and law enforcement agencies vested with the capacity of the Judicial Police, each within the sphere of its jurisdiction, shall be competent of following up on the enforcement of the provisions of this Law as well as the decisions, instructions and measures arising therefrom.

2. The regular and military courts, each with the sphere of its jurisdiction, shall be deemed to be a court that has the jurisdiction to hear the penal and civil cases arising from the violation of the provisions of this Law as well as the decisions, instructions and measures arising therefrom.

Article 5

All the competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this Law by Decree, which shall enter into force as of the date of its promulgation, its enforcement shall be limited to the period of the declaration of [the state] of emergency, and shall be published in the Official Gazette.

Promulgated in the city of Ramallah on March 22^nd, 2020 Anno Domini,

Corresponding to Rajab 27^th, 1441 Anno Hegira.

Mahmoud Abbas

President of the State of Palestine

Chairman of the Executive Committee of the Palestine Liberation Organisation