Birzeit—The president of Birzeit University’s Student Council is currently in his 25th day of interrogation by the Israeli military authorities in the Russian Compound in Jerusalem, where he has been denied access to his lawyer for over three weeks. Birzeit University fears for the safety and well-being of student Iyad Habib Mohammad, as he has not been allowed visits by either his lawyer or family members to determine his well-being during his interrogation.
On 26 January 1999, Iyad Habib Mohammad, a fifth year Electrical Engineering student at Birzeit University from Bethlehem, was arrested by the Israeli military authorities at a checkpoint erected on the Birzeit-Ramallah road and is being held incommunicado since his detention. Iyad was on his way home from university in a private car with two other students, when the car was stopped by Israeli military authorities and the occupants were told to get out of the car and stand at the side of the road. All three occupants were detained and taken to the nearby Bet El detention centre, and the car was impounded. The two students were released a week later. However, Iyad was transferred on 31 January 1999 from Bet El detention centre to the Russian Compound in Jerusalem for interrogation, where he remains until today.
On 31 January 1999, the Israeli General Security Services requested a 30 day interrogation period for Iyad Habib. The military court granted a 20 day interrogation period, and set 18 February 1999 for an extension hearing concerning the interrogation period. On 31 January, the Human Rights Action Project lawyer (HRAP), Advocate Elia Theodory, attempted to visit Mr. Habib, but was informed that an order denying lawyer access to his client was issued until midnight on 3 February. On 4 February, Adv. Theodory again attempted to visit his client, but was informed that the prevention order was extended for another four days until midnight 9 February.
The HRAP lawyer submitted a petition to the Israeli High Court of Justice concerning the prevention of legal counsel for Iyad Habib, stating that the prevention of legal counsel led to fears for Mr. Habib’s well-being and the possibility that methods of torture were being used during the interrogation process. Israel has effectively ‘legalised’ torture by allowing the use of ‘intensified physical pressure’ during its interrogation of detainees, which constitute torture by international conventions and treaties. The response of the Israeli General Security Services to the High Court was that methods of ‘intensified physical pressure’ were not being implemented in the interrogation of Mr. Habib, and that the prevention of legal counsel was necessary for reasons of ‘state security’.
On 10 February 1999, Adv. Theodory again attempted to visit his client, but was again told that the prevention order was extended for a further four days until midnight 14 February, and again on a further attempted visit on 15 February, with the prevention order extended until 18 February.
Today, the HRAP lawyer was informed that Mr. Habib’s interrogation was extended for a further 15 days, until 1 March 1999. The continued denial of legal counsel to Iyad Habib raises fears as to his well-being and is in contravention of international laws stipulating the basic rights of all detainees. Access to a lawyer for all detainees is a fundamental component of due process and the rule of law, and respect for this basic right is a cornerstone of all judicial systems.
Throughout the history of Birzeit University, student representatives have continuously been harassed and detained by the Israeli authorities as a result of their political activities. There are currently 46 Birzeit University students in detention in Israeli prisons, including past and present members of the student council, as well as a previous student council president. In an institution which prides itself on democratic values and freedom of expression, the continued harassment and arrest of these individuals places a heavy toll on the university community as a whole.
HRAP asks the international community to add their voices in protest to the continued prevention of legal counsel and demand that legal process for Iyad Habib Mohammad be conducted according to international norms.
Letters of appeal may be sent to the following:
Mr Binyamin Netanyahu
Prime Minister
Office of the Prime Minister
3 Kaplan Street
Jerusalem 91919, Israel
Faxes: + 972-2-566-4838
E-mail: rohm@pmo.gov.il
Mr Tzahi Hanegbi
Minister of Justice
Ministry of Justice
29 Salah al-Din Street
Jerusalem 91029, Israel
Faxes: + 972-2-6285-438
E-mail: sar@justice.gov.il
Mr Avigdor Kahalani
Minister of Internal Security
Ministry of Internal Security
PO Box 18182, 3 Sheikh Jarrah
Kiryat Hamemshala
Jerusalem 91181, Israel
Faxes: + 972-2-582-6769
E-mail: sar@mops.gov.il
For more information, please contact the Human Rights Action Project.
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Human Rights Action Project homepage - http://www.birzeit.edu/hrap/