The following article (in the original Arabic) was submitted by attorney Khader Shkirat (director of the Land and Water Establishment for Studies and Legal Services) to the Palestinian press on 22 May 1996. The Palestinian press refused to publish such a statement on the legal and human rights situation in the Autonomous areas under the Palestinian Authority's control. This is not the first time that the Palestinian press has declined to publish comments critical of the Palestinian Authority, nor do we assume that it will be the last. We are therefore distributing it now as a statement on the current situation in areas under the control of the Palestinian Authority.

State of Human Rights in Palestinian Autonomous Areas are Cause for Alarm

Attorney Khader Shkirat

22 May 1996, Jerusalem

It is not surprising that the subject of Palestinian human rights should arouse interest, since the Palestinian nation is one which has long been subject to imprisonment and distress, and which has for many decades looked forward to a world in which equality between human beings is achieved, and human rights are honored.

The world is by now more or less aware of Israeli's violations of Palestinian human rights. But breaches of civil rights by the Palestinian Authority are less known, and it is indeed lamentable that the Palestinian government dedicates its efforts, like so many other Arab governments to the subjugation of its people

It is also sad and extremely distressing to reflect that the Palestinian individual's main task has now become how to express his or her point of view, how to attain his or her rights, and how to best handle the Palestinian Authority.

Statements issued by the PA and its head Yassir Arafat concerning the Authority's respect of human rights alone do not form a guarantee one can depend on for the protection of these rights. Such statements must be translated into laws and regulations. The executive authority must create bodies to uphold these laws, while an independent and effective juridical apparatus is needed, through which the nation's civil institutions can secure the individuals' rights.

The unsound and unjust structure of the Authority's institutions, which operate without international observation or participation, has had a most grave and harmful effect on the state of human rights in the Palestinian territories.

The Palestinians are now caught between the Palestinian Authority and the Islamic groups, which are trying to impose the political views on the Palestinian community through actions of violence, and the state of Palestinian human rights seems to be progressing from bad to worse. Systematic violations by PA security apparatuses of all forums of civil rights - of the right to life, freedom and personal security - have recently been recorded.

Palestinians kept in PA intelligence and police jails have complained of maltreatment and torture. Hundreds have been imprisoned for extended periods of time, without being officially indicted, without access to an attorney and without being put on trial.

The recent PA police arrests of Palestinian- territory residents violated legislation, especially by forcibly detaining the individual for questioning for a period of time exceeding that allowed by law. Many cases of extracting information from detainees by force were reported.

Although special government committees have been formed for the purpose, the PA does not sufficiently investigate reports of torture in its prisons, especially torture of political prisoners.

Dangers facing freedoms of expression, belief and creed have also increased, and arrests on such bases are on the rise. The most recent such instance is the arrest of Dr. Eyad Sarraj, head of the Palestinian Independent Commission for Citizens Rights, for criticizing the PA in a media interview. PA apparatuses have also repeatedly confiscated printed materials, and have arrested and questioned Palestinian journalists for material they have published . Several publishing companies have also been either shut down, or prevented from printing material critical of the Authority.

The right of congregation and peaceful opposition is also under threat. Security forces have frequently forcibly dispersed peaceful gatherings and meetings. Such was the case when in March, police forces raided an Najah University in Nablus, and randomly fired into the air to disperse a rally of opposition students. Several students were also detained.

The Higher Court of State Security, formed by Presidential decree early last year, has been a source of extreme worry to Palestinians since its formation. Those who are tried by this military court have no chance of appealing its verdict, since no higher court operates in self-rule areas. The PA executive authority and leadership appoints the court's judges. The PA's interference also prevents the impartiality of the court's proceedings, and the speed with which the verdicts are reached prevent the defendant fro properly preparing his or her defense.

____________________________________________________________________

Khader Shkirat is the director of the Land and Water Establishment, a Palestinian non-governmental organization which focuses on defending human rights through legal advocacy. LAWE is also affiliated with the Paris-based International Federation of Human rights.