1998 Annual Human Rights Report - Summary (Part Two)
LAW
On Sunday 11 January in an exceptional hearing with a panel of nine
judges, the Israeli High Court again postponed its decision to ban the
use of torture in Israeli prisons.
The Court heard the cases of Abdil Rahman Ismail Ghanimat, who has
been held and interrogated since 13 November 1997. Lawyers stated
that hooding, shackling in painful positions on a very small slanted
stool, sleep deprivation and constant blaring music for periods of up
to five days constituted torture, forbidden by international law.
These methods are used to extract confessions. In December, the
Israeli intelligence services admitted to routinely using these
methods during interrogation, saying that they were used for
administrative purposes. Hooding and blaring music, for example,
prevent detainees from speaking to each other.
The nine-judge panel, in a 5-4 vote, refused to give a temporary
injunction against the use of torture during the ongoing interrogation
of Ghanimat and Qur'an, and decided to rule later on the general use
of torture. Chief Justice Barak voted in the dissent to issue a
temporary injunction against the use of torture.
LAW believes that the court's ruling is a critical landmark case on
the use of torture in Israeli prisons. LAW has called upon the
international community to react immediately at this crucial junction,
condemn the use of torture, urge the Israeli government to desist from
this practice and cause the Israeli High Court to forbid its use at
any point and for any reason in the future.
Deterrent and Collective punishment
Israeli authorities continue to use exemplary punishment against
Palestinians, especially at checkpoints. Punishment has become
habitual for Israeli soldiers. LAW believes that Israeli soldiers and
settlers follow a premeditated policy of humiliating and punishing
Palestinian residents. LAW has documented many incidents in which
people have been treated to intolerable humiliation.
In its policy of collective punishment against Palestinians, Israeli
authorities imposed two super blockades this year, the first on 11
September 1998 and the second on 2 October 1998. They also imposed 13
partial closure on parts of the West Bank, especially on roads linking
West Bank cities to each other. During super blockades, the 50,000
Palestinian laborers employed in Israel are unable to go to work.
Violation of the right of freedom of expression and opinion
Many Palestinian journalists have been prevented from carrying out
their work while others have been prevented from moving freely. In
many cases, their equipment has been confiscated or broken. Some have
been shot. Israeli authorities have contravened most of the articles
related to the right of freedom of expression and opinion that have
been reaffirmed by international agreements and covenants.
LAW has documented 8 incidents in which Palestinian reporters were
subjected to assault by Israeli forces. At least 18 reporters have
been injured. The attacks took place over a period of four months. In
two separate incidents in March 1998, 12 reporters were injured in the
city of Hebron. In four separate incidents in Jerusalem, Ramallah and
Hebron on 14 May 1998, one Israeli reporter and three Palestinian
reporters were injured. Another Palestinian reporter, Hussam Abu
Allan, was also injured. In December, two more Palestinian reporters
were shot and injured.
PALESTINIAN HUMAN RIGHTS VIOLATIONS
Assault on the right to life
During 1998, 10 Palestinians died in PA-controlled areas, one more
than in the previous year. Of these, two were executed, three were
killed by their colleagues in the security services, one was killed in
a police station, one was killed in the Jericho detention centre in
suspicious conditions, one died in hospital after sustaining injuries
during beating sessions by Presidential security agents, one was
killed by the Military Intelligence agents and one was killed by a
policeman in the Betunia area of the district of Ramallah.
The murder of Mohammed Khaldi, 30, and his brother Majdi, 32, from the
Nusairat Refugee Camp, could have led to armed conflict between two
families in a society characterised by tribal and factional feuds. In
a court case set up with unprecedented haste, the PA issued death
sentences against the two brothers, Fares and Raed Abu Sultan. Two
days later, the President approved the sentence and the two brothers
were executed. On 30 August 1998, President Yasser Arafat approved and
signed a military court order for the execution of three brothers from
Gaza, Mohammad, Fares and Raed Abu Sultan. The three had been charged
with the first degree murder of the two Al Khaldi brothers. The
execution took place on the same day. Fares Abu Sultan's death
sentence was reduced to life imprisonment.
Political Detention
1998 ended with 1,100 Palestinian prisoners in PA prisons who are
being held without charge or trial, of whom 300 are political
prisoners. The PA has conducted several arbitrary arrest campaigns
against political opposition members. The first wave of arrests took
place after the discovery of an explosives factory in the city of
Nablus, north of the West Bank.
On March 29, following the assassination in Ramallah of Muhye Adin
Sharif, the PSS launched a mass-arrest campaign and detained a number
of people alleged to have taken part in the assassination. There is no
documentation of the exact number of detainees, but LAW believes it
could be as many as 58. Only 14 of those were later released. LAW
condemns the arrests as illegal and suspects that torture could be
involved in many cases. Among the detainees were prominent figures of
the Hamas movement such as Dr Rantissi, Ibrahim Maqadma and Abdallah
Ashami.
The Awadalla brothers, suspected of being members of the Hamas
military wing, were also arrested but they were later killed by
Israeli forces. LAW managed to obtain a release order from the High
Court, but the Preventative Security refused to comply with the
decision. Adassi remains incarcerated in the Jericho Detention Centre.
On 25 March 1998, political prisoners at the Juneid and Jericho
detention centres declared a hunger strike in a demand for their
release. Three of them were transferred to hospital due to a decline
in their general health. LAW's lawyers tried to visit the detainees
while they were on strike but were denied access. LAW warned that the
hunger strike may expose the welfare and lives of the detainees to
danger.
On 27 August 1998, Preventative Security agents raided the houses of
four Communist Party members in Gaza. These were Mohammad Abu Shamala,
Ahmad Abu Amra, Hisham Asatri and Ibrahim Farhat, all aged 17. Abu
Shamala was arrested, taken to a detention centre in Rafah and placed
under interrogation. He was charged with distributing a communiqui
criticising the Preventative Security apparatus for beating and
insulting LC members and peace activists. The communiqui called for
the adoption of specific and determined responsibilities for each of
the security service branches, and for the consolidation of an
independent judiciary to make the rule of law a reference-point in the
event of any dispute. Abu Shamala was tortured, insulted and
humiliated. The other three were summoned by the Preventative Security
agency and forced to sign a paper saying that they would refrain from
distributing communiquis in the future. They were then offered work
with the agency, but they all declined.
Since signing the Wye Plantation Agreement, the PSS have conducted an
arrest campaign against Islamic opposition activists in the West Bank.
In the Jenin area, three people, Sharif Muhyiaddin, Mahmoud Arran, and
Ziad Jaber were detained by the General Intelligence Agency.
In the district of Hebron, six people, Fahed Al Qasrawi, Dirar Abu
Munshar, Daoud al-Qawasmi, Mohammed Arafeh, Ghazi Arafe, Nasser Shahin
and Munir al-Hroub, have also been detained.
In another incident, the PSS arrested several members of the Popular
Front organisation following a public gathering in protest at the Wye
Agreement. On 6 November 1998, the police arrested some prominent
figures in the organisation - Fayez Abu Sharkh, Nasser Anasser, Ussama
Abu Ufeh, Ramez Ukasha, Shaker Al Hassanat and Zeidan Qamout.
Following a peaceful demonstration organised in Gaza on Friday
December 18 1998, the Palestinian police summoned four politicians, to
meet Talal Abu Zaid, manager of the penal investigation office. Jamil
Majdalawi and Kayed al-Ghoul are both members of the Palestinian
National Council, and Dr Rabah Muhanna and Walid al-Ghoul are
prominent figures in the Popular Front for the Liberation of
Palestine. Ostensibly they went to drink coffee with Abu Zaid, but the
matter took another turn and they were held incommunicado for several
hours.
On 13 September 1998, Yousef and Shaher Arai' declared a hunger strike
in protest against their detention. The Arai' cousins have been held
in the Jericho Detention Centre for the past three years, having been
sentenced on 3 September 1995 to seven years' imprisonment by the
State Security Court. In spite of repeated calls for their release,
the PA is adamant that they should remain in custody.
In 1998, as in previous years, LAW committed itself to a regular
prison-visit schedule. During the period covered by this report, LAW's
lawyers made about 90 visits to the following prisons: Central Nablus
Prison, Jenin Central prison, Jneid Prison, the General Intelligence
Prison, the Bethlehem police prison, the Bethlehem General
Intelligence Prison, Ramallah Central Prison, Jericho Civil Prison,
Jericho Military Prison, the National Security Prison in Qalailya and
the National Security Prison in Tulkarem. Our lawyers met with 790
prisoners.
Torture and ill treatment
With reference to interrogation procedures, LAW received many
complaints against the security apparatuses, especially the Police
Force and the Criminal Department, where victims have been exposed to
torture and maltreatment. LAW reported to the Police Commander and
other high-ranking officials in the West Bank and Gaza. It was noted
that the police apparatus was very prompt in responding to the
complaints.
However, many people have been tortured by Military Intelligence
agents. Among these was Hamad al-Ghaghoub, who was badly tortured at
the Jericho detention centre. In another incident, the Palestinian
General Intelligence Agency detained and tortured two citizens, Nathir
Msalma, 33, and Amin Masalma, 26, both believed to be employees of the
Ramallah Arab Bank. Amin was accused of embezzling 62,500 NIS and
giving the cash to a non-beneficiary.
One Jenin resident, name withheld, filed a complaint with LAW in which
he claimed to have been tortured during his detention by the General
Intelligence Agency. He was charged with throwing stones at his
uncle's house - a charge which he adamantly refused. When he did so,
he was assaulted by a number of agents and severely beaten.
On 19 May 1998, Mohammad Jawabra, 60, from Aseera Ashimalieh filed a
complaint with LAW against the Presidential Security, who he alleges
beat, insulted and humiliated him during his detention.
Hamdan Shahin, from Sawya village, filed a complaint against
Preventative Security agents in Nablus. Shahin faced 3 charges. He was
detained and interrogated but denied the charges. He said, "After
denying the charges, I was subjected to various forms of torture over
several hours. I was kept hooded all that time."
On 16 August 1998, two citizens, Abdallah al-Jabarine, 41, and Wassef
Ayayda, 31, were detained at the Hebron detention centre by
Preventative Security and Force 17 agents. During their interrogation,
they were made to suffer various forms of torture including skull-hair
removal, severe beating, sleep deprivation and hooding. A video tape
of al-Jabarine after his release showed bruising all over his body.
LAW was able to obtain two affidavits from the released detainees, in
which they gave details of their detention and the conditions of their
interrogation. LAW filed a complaint to the competent security
services, but has not yet received an answer.
Violation of the right of freedom of expression and opinion
The PA seems to have decided to withdraw the right to freedom of
expression and opinion. They have closed several private television
stations, detained reporters and assaulted others while they were
working. In an incident on 7 May 1998, a team from the Watan TV
station was on its way to investigate a shooting incident when 10
policemen brutally assaulted one of the cameramen and attempted to
smash his camera. One policeman managed to take the film from inside
the camera and destroy it in front of several bystanders, while other
policemen shot into the air.
On 23 October 1998, and in the wake of the signing of the Wye
Agreement, the anti-incitement decree # 3 of 1998 was issued. The
decree was viewed as another step by the PA to silence opposition and
restrict freedom of expression and opinion.
The relationship between the Executive and Legislative Authorities
1998 was also marked by the tension between the Executive and the
Legislative authorities. After a prolonged wait for a real change in
the performance of the Executive Authority, President Arafat declared
a reshuffle of his cabinet. In a speech given at the Legislative
Council office in Ramallah, he presented his 'new' cabinet.
Unfortunately, he kept all the ministers who had been involved in
administrative corruption and mismanagement. He also added 12 new
ministers, 10 from the LC and two others among his followers. In the
declaration, Arafat's cabinet totalled 32 ministers, 8 of whom became
state ministers and one minister without portfolio.
Meanwhile, members of the Legislative Council were assaulted by
security agents during a protest outside the Awadalla brothers' home.
Municipalities and Governmental institutions
Despite the LC's unanimous decision # (137/34/1) approved by President
Arafat of 15 January 1997, demanding the PA to refrain from
appointments in local municipal and village councils until municipal
elections are held, the Ministry of Local Governance sustained its
policy of arbitrary appointments, culminating in the appointment of
the Tulkarem Mayor. On 15 April, the Legislative Council convened a
meeting to discuss the recent appointment of the Tulkarem Municipal
Council. During the meeting, the Minister of Local Governance was
summoned and questioned over his actions.
On 11 April 1998, the Nablus municipality uprooted 84 olive trees from
the Agricultural Research Centre and Reserve to make space for the
construction of a 35-metre-wide motorway as part of the infrastructure
of the rehabilitation centre planned by the Ministry of Social
Affairs.
On 4 April 1998, LAW, on behalf of the residents of Deir Sharaf,
appealed to the Palestinian High Court against Ghassan Ashaka', the
head of the Municipal Committee . In the appeal, the Society demanded
the abrogation of decision # 73 of 1996 issued in the city of Gaza on
2 July 1996, to seize the private property of Deir Sharaf residents
for the construction of a purification station. The decision gave
authority to the Nablus municipality to seize 287 dunums of land,
later reduced to 112. LAW's lawyers argued that the land on which the
water purification station would be constructed is very fertile and
used by the village residents for agricultural purposes. The lawyers
contested the decision, arguing that the party who issued it was not
entitled to do so and that it is a blatant abuse of power and a
confusion of jurisdiction.
On 15 October 1998, the Ministry of Health decided to reduce health
services and the number of surgeries performed in the major hospitals.
The step was taken in order to combat the financial crisis of the
Palestinian Health Ministry. The Health Ministry blamed the Ministry
of Finance for having provided only 64 million of the requested 165
million shekels. Health officials said that there had been a shortage
of stocked drugs and health services. This news was cause for alarm
for the three million Palestinian residents of the West Bank and Gaza.
The problem has been growing since June 1998. The Health Ministry has
already started to use up its reserve stocks and in an effort to
preserve its resources, the Ministry has only been responding to
emergency cases.
On 5 November 1998, approximately 12,000 teachers from the West Bank
and Gaza went on strike for one day to protest the non-implementation
of the promises for a pay rise, improvement of their conditions, and
the application of the Law of Public Service which was passed in a
third reading on 1 September 1998.
The strike came about after a reduction in the value of the Israeli
Shekel caused teachers to have their pay reduced by 25%. The High
Coordinating Committee of teachers had given the PA until 22 October
1998 to implement the changes required by the Law of Public Service.
The teachers' strike coincided with the financial crises of the
Ministry of Finance and the Ministry of Health, whose employees have
also been requesting an improvement in their conditions and salaries.
The year 1998 also marked several violations of academic and union
freedoms. LAW has written to the competent parties and administrations
of the universities, especially the University of al-Azhar in Gaza,
but we have not received any response. Unfortunately, no steps have
been taken to reduce the number of violations taking place at these
universities.
Executive Interference in Judicial Independence
1998 saw flagrant violations of the independence of the Palestinian
Judiciary. These violations range from interventions in appointing and
removing judges, to a disregard for court rulings, including those of
the High Court, and the detention and suspension of lawyers. In 1998,
the Attorney General submitted his resignation. The Chief Justice was
also removed from office, but the year ended without them being
replaced. The position of Attorney General in Palestine underwent a
bitter experience that exposed the chasm between the executive and the
judicial branches of the Judiciary, as well as the weakness in the
public prosecution system that lacks a clear structure. Before the
resignation of the Attorney General, LAW declared its intervention to
allow its lawyers to visit political detainees held by the Palestinian
security services. LAW, through its monthly magazine People's Rights,
has published a number of pleas to the Attorney General to intervene
and bring an end to political detention. It has also requested that he
promptly charge the political detainees and have them taken to trial.
Unfortunately, there has been no response.
LAW - the Palestinian Society for the Protection of Human rights and the
Environment ia a non-governmental organisation dedicating to advancing
human rights through legal advocacy LAW is affiliate to the International
Commission of Jurists (ICJ) and the Federation Internationale des Ligues
de Droits de l'Homme
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