14 December 1999

Al-Haq views with grave concern this campaign of arrests and the house arrest orders, which are in effect illegal, as they are not based upon any judicial warrants. At around 2 A.M., November 28th, 1999 the Palestinian Security Apparatus arrested Dr. Abdulsattar Qasim, History Professor at An-Najah University, in Nablus from his home. On the same day, they also arrested two physicians, Dr. AbdulRahim Kitani and Dr. Yasser Abu Safiyeh, who is a member of the Board of the Union of Health Work Committees, from Nablus. During the afternoon of the same day, the Criminal Police Unit in Ramallah arrested Dr. Adel Samara, an economic researcher, and Ahmad Qatamish, Member of the Political Bureau of the PFLP, from al-Bireh, who had spent six years under administrative detention in Israeli jails. The Criminal Police Unit in Hebron also arrested yesterday, Ahmad Shaker Doodeen from Dura, Hebron, and, Adnan Odeh, a researcher in the Palestinian Parliamentary Research Unit from Nablus, was also arrested. Ismat Shakhshir was ordered to report for questioning by the Palestinian Intelligence Forces in Nablus. She was released on bail after questioning in order to report on a second day for further interrogation, today. Until this point she has not been released. Al-Haq also learned early November 29th, 1999 the Palestinian Intelligence Forces arrested Dr. Afif Sulaiman from Nablus and that members of the Palestinian Intelligence Forces raided Dr. Abdel Sitar Qasem 's house last evening and searched and confiscated documents and papers. Furthermore, Bassam Shaka'a, former mayor of Nablus, who survived an assassination attempt by Jewish extremists in 1980, who blew up his car which lead to the amputation of both of his feet, and Waheed Alhamdallah, former mayor of Anabta, were ordered under house arrest beginning November 28th, 1999, by PA Brig. General Ghazi al-Jabali.

The campaign of arrests of Palestinian citizens on the grounds of their political opinion, regardless of the content of such opinions, is a severe violation of their rights of freedom of opinion and expression. These rights are guaranteed by international conventions, especially article 19 of the Universal Declaration of Human Rights, and the Covenant of Civil and Political Rights, to which the PNA has formally acceded. Such violations contradict the PNA's stated commitment to adhere to human rights standard. Such adherence requires the translation of these commitments to practices compatible with human rights standards. These arrests contradict this principled position by the PNA, and reflect the absence of respect for human rights and freedoms and the lack of a legal framework, which guarantees the binding nature of these rights.

Until these rights are guaranteed by a constitution, al-Haq sees the necessity of the publication of a temporary document by the PNA incorporating these basic principles and regulating the contents of the human rights and freedoms of Palestinians as well as the lines of jurisdiction of the three authorities in the PA.

Al-Haq demands:

1. The Palestinian National Authority release the nine arrested persons immediately and lift the house arrest of Bassam Shaka'a and Waheed Alhamdallah.
2. The PNA work seriously to codify the proper framework, which guarantees basic freedom. 
3. A cessation of all measurOn December 13, 1999, at approximately 7:30 P.M. in the village of Beit Awa, (just south of Hebron) two Palestinians were executed in cold blood by special undercover Israeli units.  Al-Haq’s documentation of the incident revealed that the Israeli special unit intentionally and with premeditation killed Iyad al-Battat and Nader Al-Massalmah, 30.  Al-massalmah is a local furniture dealer while Iyad Al-Battat was from nearby Daharia. Witness stated that no attempt to arrest them was made before executing them. 

According to Suhaila Abdul-Kader Awad, her husband Ismail Al-Massalmah, was outside negotiating the sale of a car with a man from another village.  At around 7:30 that night, she heard gunfire outside her home. Nader Al-Massalmah and her nephew Nidel had just come back from prayer and wanted to investigate the shooting outside. Nader went on the roof to see what was going on and Nidel went to check on his uncle Ismail through the front door. At this time, rockets and heavy ammunition were fired at the house. Suhaila feared for her life and took her children and hid in the bathroom as bullets and rocket missiles entered the house.  The rounds of live ammunition fired at the house and its surrounding continued for almost an hour.  As soon as the gunfire stopped, the Israeli special unit leader ordered the rest of the family out of the house.  When Suhaila went outside she saw that her husband had sustained an injury to his eye and Nader was killed on the roof. Suhaila’s nephew, Nidal, was shot in the leg and was on the ground bleeding, handcuffed along with Ismeel.

The Israeli special unit members then made all of the children ages four to thirteen take off all of their clothes and stand outside. They remained standing naked outside until 6:00 in the morning.  Suhaila refused to take her clothes and scarf off, provoking a member to send gunfire directly over her head.  Suhaila finally lifted up her dress and they left her alone after forcing her to go to Ismail’s brother’s house next door. It was on her way there that Suhaila discovered the dead body of Iyad Al-Battat.  Suhaila also watched as the children stood outside without clothing in the cold wind and rain.  Upon her deteriorating condition, the medical doctor of the special unit allowed Suhaila and the children to return back into her home. She returned only to see that the house had been ransacked and everything turned upside down. 

Other homes in the area were hit with rockets and the special unit did not leave without entering nearby homes and beating some of the men.  They also left by taking 15 people into custody with them.

Official Israeli sources have issued a statement that these men were wanted men.  According to the Associated Press, Israeli Deputy Defense Minister Efrain Sneh described the deaths as the result of a ‘contract’ issued by the IDF due to an IDF border police officer being killed last year. 

This summary execution is typical of the work of Israeli special units, whose purpose is to assassinate ‘wanted’ or armed Palestinians without attempting to arrest them or bring them to justice in accordance with the law.  These killings used by the special units and the Israeli Defense Forces (IDF) against Protected Persons, are grave breaches of the Fourth Geneva Convention.  The use of lethal, excessive and intentional force without advanced warning, as occurred in Beit Awa, violates not only the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials but also the IDF’s own Open Fire Regulations.  This conduct amount to nothing less than deliberate, willful, premeditated murder.
Al-Haq calls on the Israeli authorities to immediately disband the so-called Special Units, and to prosecute to the full extent of the law all military and security personnel who commit willful killing. 
 Al-Haq notes here that Israel’s non-recognition of the de jure applicability of the Fourth Geneva Convention to he Occupied Palestinian territories is secondary to the fact that such extra-judicial execution is prohibited not only by customary law but by the dictates of public, international and humanitarian conscience. 

Al-Haq calls upon the Israeli occupying authorities and the international community to:

1. Appoint an independent commission of inquiry to investigate the circumstances of the al-Battat and al-Massalmah killings as well as the humiliating act of having children stand naked through the middle of the night.  The commission’s mandate should include the power to recommend prosecution of the individuals who committed these acts as well as those who ordered these acts.  Al-Haq emphasizes the importance of making these findings public.
2. Bring an immediate cessation to the willful killing of all Protected Persons.
3. Act in conformity with all rules concerning the use of lethal force.
4. Calls for an adjournment of the July 1999 meeting of the High Contracting Parties to continue their dialogue on human rights issues in the Occupied Territories.
5. Calls on all High Contracting Parties to the Geneva Conventions to signal to the Israeli authorities that it will not abide death squads. High Contracting Parties can actively communicate this by asking their judicial authorities to open prosecution briefs on willful killings in the Israeli-occupied territories. 
es taken against those who signed the declaration.