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LAW

Palestinian military court issues another death sentence

In the evening of Sunday 11 February 2001, a Palestinian military court in Hebron sentenced 59 year-old Colonel Hassan Musalam, a member of the Palestinian National Security Forces, to death by firing squad after he was found guilty of collaborating with the Israeli Intelligence Services since 1994. The bill of indictment brought against Hassan, which was read in a closed session on Saturday 10 February, stated that he had confessed of collaborating with the Israeli Intelligence Services from whom he had twice received the sum of NIS 1,800. The bill of indictment also included testimony by a witness who was himself a collaborator and alleged that Musalam had voluntarily collaborated with the Israeli Intelligence.

The military court, presided over by Captain Fawzi Auda, based its sentence on Article 131 Paragraph A of the 1979 Palestinian Revolutionary Penal Code. However, the sentence is subject to appeal and requires the President of the PNA’s ratification before being carried out. Prosecutor Nasser Ishish and defence lawyers Samir Al Tamimi and Tariq Fakusi (appointed by the Court) also attended the hearing.

LAW condemns acts of collaboration with Israel as detrimental to the Palestinian struggle against Israeli occupation. However, LAW demands that individuals suspected of acts of collaboration be tried according to internationally recognised standards of fair trial and opposes the death penalty as the ultimate violation of the right to life.

* LAW urges President Arafat not to ratify any death sentences issued by Palestinian courts.

* LAW calls for the prohibition of the death penalty in the PNA.

* LAW calls on President Arafat to order a retrial for Musalam before a court operating in accordance with international fair trial standards.

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LAW

Israeli army bombs Palestinian residential areas

For three days running the Israeli army bombed residential areas in Palestinian towns, especially Al Bireh. They bombed the Jinan and Satah Marhaba areas, the offices of Al Hayat Al Jadida newspaper, the headquarters of the Palestinian Red Crescent Society and the Ministry of Local Governance.

According to LAW's documentation, at 10pm on 8 February 2001 Israeli soldiers stationed at Pisagot (a settlement built on Jabal Al Taweel east of Al Bireh) began bombing the Jinan and Satah Marhaba areas. The bombing went on until 3am the next day, causing the following damage:

* The home of 50 year-old Abdul Salam Al Adasi and his family of fifteen (including three children) was burnt down.

* The home of 28 year-old Mustafa Abdul Kadir and his family of six (including four children). The furniture, entrance, windows and electricity and water system were all destroyed.

* The home of 32 year-old Salah Daragmi and his family of five (including three children) was bombed, destroying the balcony, windows and doors and severely damaging the walls.

* The Al Wahidi building, which contains 15 separate apartments, was hit and the walls, roof and sewage system partially destroyed

* The offices of Al Hayat Al Jadida newspaper were also targeted, destroying three windows, two doors and a printing press. In the editorial suite, six windows, three PCs, a stone pillar, the newspaper sign and the lights were destroyed.

* The Palestinian Red Crescent headquarters and emergency room was also bombed, burning part of the top floor and destroying the furniture and equipment contained within. The PRC minibus, used for transporting the handicapped, was also destroyed, as were three water tanks and the telephone system.

Israeli forces had already bombed the same places on Wednesday 7 February. On 9 February, they bombed residential areas in Al Balo'a, northern Al Bireh, severely damaging the Ministry of Local Governance building, the Palestinian Central Bureau of Statistics, and the Fateh High Command offices.

According to LAW's documentation of the incident, Israeli forces used more than 15 artillery shells as well as machineguns in their attacks on the Ministry of Local Governance and Fateh offices. The 5th floor of the Ministry of Local Governance building was burnt down, its eastern façade partially destroyed and the water and electricity systems destroyed completely. The repairs have been estimated by the city engineer as more costly than rebuilding the building in its entirety. This was the 15th time that Israeli forces have bombed the Ministry of Local Governance building since 29 September 2000.

The 1949 IV Geneva Convention and its Additional Protocols prohibit attacking civilians and civilian properties, as well as acts of violence or threats aimed at terrorising civilians. Article 33 of the IV Geneva Convention stipulates:

"No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisal against protected persons and their property are prohibited." Article 53 prohibits destroying property, stating:

"Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations."

Article 51 of Protocol 1 (Protocols Additional to the Geneva Conventions) prohibits attacking civilians. Articles 18, 19, and 20 of the IV Geneva Convention prohibit attacking hospitals and medical centres.

LAW demands:

* The Israeli Government to immediately stop the use of excessive and indiscriminate force and collective punishments against Palestinian civilians.

* The establishment of an international investigation committee based on United Nations Security Council resolutions 1322 of Oct 7, 2000, to investigate the violations of international humanitarian law committed by the Israeli forces inside the occupied Palestinian territories.

* The international community must hold a conference for the High Contracting Parties of the Fourth Geneva Convention in order to take practical measures to ensure Israel's adherence to the convention.

* The international community must pressurise Israel to immediately to immediately put an end to the occupation of the Palestinian territories and effectively support the implementation of the Palestinian right to self-determination.

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Arab Human Rights Association

Reactions to the Arab Boycott

The Arab Minority in Israel affirmed its solidarity through the decision of boycotting the Israeli Prime Minister Elections, or casting a blank ballot. This decision was a reaction to “Black October” events. People from Upper Galilee to the unrecognized villages in the Negev felt so isolated from the Israeli community and therefore, a call for unity was heard.

Commentators and Columnists in the Arabic newspapers of this week, express their thanks in different ways to the Arab voters who either chose not voting or voting for none of the two candidates (blank ballot).

Azmi Bechara in Fasl Al-Maqal sees the Elections’ results as “an “Earthquake” which is an indication of the important turn in the Patriotic Awareness and the Awareness of the citizenship of Arab minority in Israel” (9 February). Bechara refuses as well the claim that the boycott will lead to National Isolation of the Arab community, but on the contrary it will lead to a new turn in self-esteem.

Al-Sabar’s editorial resembles this election to the one after the “Land Day clashes”, 25 years ago, when Arab people contributed in having the Labour party out of government. But the author wonders if this boycott will be a “passing protest step where its main aim is to punish Ehud Barak,” or is it “a beginning of new era away from the Labour party?” (February 7th).

The poet Samih Al-Qasem in the editorial of kull Al-Arab, is amazed at the Israeli attitude towards the Arab’s choice. His editorial’s title: “once more- Arab you are responsible”, where he refers to the Israeli Left such as Yossi Sarid who claimed in the Israeli television on the election day “that Arabs are the main reason of Barak’s fall and Sharon’s victory”, while Amos Oaz -an Israeli writer- do not hesitate in saying that “Sharon, is Arafat’s gift to the Israeli people and to the Palestinians as will”. But towards the end, Al-Qasem do not forget to thank his readers for their political awareness.

On the other hand, Al-Ein, Al-Ittihad and Al-Sinnara, refer to this subject in a different manner. Salem Jubran claims that “the Arab parties committed a crime by calling for boycotting or casting a blank ballot, firstly cause it helped the Likud party success, and secondly by asking people to give up their right of voting”. Al-Ittihad columns see “the boycott as a passive act and wish that the Arab voters will not get used to it”. However Al-Sinnara’s editorial thinks that Arab leaders who called for boycott, wish inside themselves that this act will be for once only.

The Parents committee of “Black October’s” Victims.

One of the important voices of boycotting the Israeli election was heard from the Parents Committee of “Black October’s” victims. Mahmod Yazbek, Uncle of the victim Wessam Yazbek from Nazareth stated in his interview in Al-Sabbar, “we asked for boycotting but not casting a blank ballot in order to punish Ehud Barak for his attitude towards our children in “Black October’s” events, and towards the Arab Minority through his rule”. The committee was established after determination the date of the Election Day. The Committee reacted to the boycott in a statement titled “a call for Dignity”. Where it thanks Arab Minority in “punishing the Executioners of their children”.

On the other hand, “Adalah”, the Legal Center for Arab Rights In Israel is calling for accepting a member of the Parents Committee in The Investigation Committee. Adalah’s advocates Mr. Hassan Jabarin and Mr. Riad Anis, came back from Ireland where a 13 persons where killed by the British Police in 1972. (Al-Ittihad, February 9th). The Advocates meet with the victim’s parents who struggle for years against the decisions of the Investigation Committee, which were taken in 1972, till having another committee on 1998. The important difference between the two committees that the second one contains representatives from the Parent’s committee. Mr. Jabarin stated that their main aim is learning from the similarity of the two events in order to achieve better results.

Kul Al-Arab published in its last issue that an IDF soldier changed his testimony regard Rami Garah who was killed in “Black October” in Jat village. The soldier admitted that Garah did not participate in the clashes and wasn’t a threat to Police that day, as he claimed in his first testimony.

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B'Tselem

DISCRIMINATION IN COURT

Tomorrow, 13 February, at 8:30 A.M., human rights supporters will hold a demonstration at the Jerusalem District Court in protest against the sentence imposed on Nahum Korman

Nahum Korman killed Hilmi Shusha, a twelve-year-old Palestinian, by kicking him in the head. District Court judge Ruth Orr found him innocent, despite eyewitness testimony and the results of the autopsy performed by Prof. Hiss at Israel’s forensic medicine center, in Abu-Kabir. The Supreme Court reversed the lower court decision, convicted Korman of manslaughter, and returned the case to the District Court for sentencing. The State Attorney’s Office surprisingly agreed to a plea bargain in which Korman would be sentenced to six months community service, fifteen months’ probation, and payment of NIS 70,000 compensation to the victim’s family.

Judge Orr’s decision to accept this outrageous plea bargain continues Israeli law enforcement policy, which extends from the police and army to the State Attorney’s office and courts and the President’s office. For many years, these authorities have ignored cases where Israeli have injured innocent Palestinians, and have even justified the perpetrators. This attitude stands in stark contradiction to the authorities’ response to cases where Palestinians harm Israelis. In these cases, the system suddenly operates forcefully and efficiently and employs all available means, including flagrant human rights violations.

Tomorrow, Tuesday, at 8:30 A.M., the District Court will convene a hearing on the community service imposed on Korman. At that time, members and supporters of the above-mentioned human rights organizations will demonstrate, in protest of the sentence, opposite the Jerusalem District Court building, located on Salah-a-Din Street.

For additional details, contact:

B’Tselem, Mauricio Lazala, 050-223084, 02-6735599

Public Committee Against Torture: Guy Tatze, 058-356030, 03-5290572

Rabbis for Human Rights: Rabbi Arik Asherman, 050-607034, 02-5637731

DCI (Israel): Dr. Philip Veerman, 02-5633003

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Al Haq

Al-Haq Condemns the Israeli Practices of Willful and Extra Judicial Killing and Calls Upon the UN Human Rights Commission to Stress the Need for Immediate UN Intervention to Protect Palestinian Civilians

Today, 12 February 2001, at 6:30 am the Israeli Occupying Forces killed Ziad Ali Mohammad Abu Sowai, age 24, from al-Khader near Bethlehem in cold blood. According to eyewitnesses, Israeli forces positioned at a checkpoint near the al-Khader schools asked the mini-bus in which Ziad was traveling to stop.

The driver obeyed this order at which time he was told to return to where he had come from. The driver turned the bus around, but when he was 30 meters from the checkpoint the soldiers opened fire upon the bus without giving prior warning, killing Ziad.

In a similar development, Atif Ahmed al-Nablusi, age 23, from Rafat near Ramallah was killed at approximately 8:00 am this morning when Israeli forces located at a roadblock set up near Rafat during the previous night opened fire upon his Ford Transit. No verbal warning was given and no warning shots were fired. Al-Nablusi was struck by numerous bullets. He was driving through an Israeli controlled area when he was shot. The soldiers prevented medical personnel who immediately arrived at the sight of the shooting from providing aid to al-Nablusi. The ambulance was forbidden from approaching the checkpoint for thirty minutes. When the ambulance was finally allowed to approach the checkpoint it was stopped again and searched by the soldiers, preventing the aid workers from providing assistance for another thirty minutes. The Israeli Forces also delayed the ambulance’s departure for approximately one-half hour at which time they ordered the driver to accompany them to the Ofer Settlement near Betunia. Al-Nablusi died as the ambulance and soldiers reached the entrance to the settlement. In total medical aid was delayed for one and a half hours, if al-Nablusi had been allowed to receive treatment during this time his life might have been saved. It should be noted that soldiers at the same location seriously injured three other individuals today. Two were shot and one was beaten until his back was broken. Al-Haq is currently investigating these cases. Al-Haq views with grave concern the continued willful killings committed by Israeli forces against Palestinian civilians. In light of the continued gross human rights violations committed by Israeli forces against Palestinian civilians al-Haq demands that:

1. The Israeli Military investigate the circumstances surrounding the unjustified firing of live ammunition without warning at Palestinian civilians. The events of today took place at times during which no clashes were reported. Al-Haq therefore calls for the trial of the perpetrators of these willful killing.

2. States Parties to the Fourth Geneva convention of 1949 immediately move to provide protection for Palestinian civilians living under Israeli Occupation and that they also place pressure upon Israel to stop its continued violations of the convention as is their duty under Article 1 that calls for them “to respect and ensure respect for the present Convention in all circumstances.”

3. The UN Human Rights Commission currently visiting the Occupied Territories stress in its report the need, in light of the recent increased aggression by Israeli forces, for intervention by the UN in the form of a protection force provided for the Palestinian people.

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Women's Affairs Technical Committee

Information about five Palestinian women political prisoners

Dear friends: The following are information about the five Palestinian women political prisoners received from the Women's Affairs Technical Committee in Ramallah, Palestine. For those who wre interested in more details, I encourage you to visit www.addameer.org Monzer

Dear Friends, Many of you requested more information about the five Palestinian women prisoners. Here it is, I hope it will be of help.

1. Nisreen Taha, born 1974, from the village of Yatta in the suburbs of Salfeet north of the West Bank. She was arrested in Jerusalem on 25,March,1988 while trying to stab an Israeli soldier. She did not succeed. She is divorced and has three children. She is currently suffering from a psychological trauma after being tortured and placed under solitary confinement for twenty days.

2. Suad Ghazal, born, 1983 from the village of Sabastia in the suburbs of Nablus, She was arrested near the SafiShomron settlement after she was accused of trying to stab a woman settler. She was subjected to torture although she was not yet fifteen years of age. She has been arrested since December,13,1998 and sentenced for six and the half years.

3. Souna Mahmoud Ar-Ra'i, born 1968, she was arrested while trying to return back to the homeland from Jordan across the Allenby bridge, she was charged with the attempt of stabbing an Israeli soldier and has been imprisoned since April 12,1997. She is married with one child.

4. Maha Ibrahim Al-Ik, born in 1977, from Bethlehem, she was arrested after being accused of attempting to stab an Israeli soldier, She is suffering from bad imprisonment conditions after her arrest on August 2,2000. She is single and this is her second arrest.

5. Amneh Munna, born in 1975 from Bir nabala in the suburbs of Jerusalem. She was arrested after being accused of luring a young Jewish boy from Askalan to come to Ramallah after few months of internet chats, where he was killed. She was arrested on January,19,2001. There were news reports that she is being tortured by the Israeli Intelligence, she has denied all charges that she had anything to do with the killing of the Israeli boy.

For more information about the prisoners, please see Ad-dameer website: http://www.addameer.org ADDAMEER Prisoners Support and Human Right Assoication: Jerusalem, P.O.Box 17338, Ramallah, Al-Irsal Street, Al-Irsal Bldg., 7th floor, tel:02-2960446; fax:02-2960447 e-mail:addameer@palnet.edu.

I hope you will find this information useful. Suheir Azzouni Director Women's Affairs Technical Committee Palestine

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LAW

Continuing Israeli attacks on Palestinian civilians Two killed and dozens wounded

Israeli attacks on Al Bireh and Bethlehem on Sunday and Monday 11 and 12 February 2001 left two dead and many wounded. 22 year-old Ziyad Abu Sawi from Artas near Bethlehem died on Monday 12 February after receiving a bullet in the heart when Israeli soldiers opened fire at a minibus at Al Khader junction. Two other Palestinian labourers from Bethlehem were wounded in the attack: Mohammed Al Barmeel, 47, was admitted to Al Makasid Hospital in a critical condition after being shot in the in the neck, and Haidar Ayish, 18, was wounded by shrapnel in the head.

According to LAW’s information, at 6:45 a minibus belonging to the Arkub company was taking Palestinian labourers to Israeli construction sites. Israeli soldiers stationed at Al Khader junction stopped it and opened fire at close range, killing Abu Sawi and wounding the other two.

The incident sparked protests in the area, during which Sami Barakat, 17, was shot in the pelvis, and Ahmad Al Barbari, 20, was shot in the left thigh.

35 year-old Atif Al Nabulsi a resident of east Jerusalem from Ramallah died today after Israeli soldiers opened fire at a Palestinian car at Rafat junction, west of Ramallah. Yihya Abu Saif, 17, and Hamdi Arafat, 27, were also wounded in the unprovoked attack.

In a separate incident, Israeli forces continued bombing residential areas in Al Aza and Ayda refugee camps, Al Khader, the northern entrance to Bethlehem and the northern entrance to Al Bireh and Um Al Sharayit. The bombing destroyed 11 houses and two cars, one of which was a Palestinian Red Crescent ambulance. The following were wounded during the bombing near Bethlehem:
1. Said Al Aza, 41, hit in the right shoulder
2. Hanna Asmari, 42, hit in the back
3. Samar Al Masaid, 18, hit in the right leg
4. Ibraheem Da’dara, 50, hit in several parts of the body
5. Toni Al Zu’bi, 23, hit in the head
6. Mustafa Abu Ghalyun, 35, hit in the head
7. Grace Al bandak, 23, hit in the legs
8. Munthir Katamish, shot in the back and the limbs
9. Fathi Abdul Rahman, shot in the back and the limbs
10. Jabir Al Amour, shot in the back and the limbs
11. Naseem Hamida , shot in the back and the limbs

The houses of Yasser Al Mashayikh and Mousa Al Masa’id in Ayda were destroyed by the bombing. Yusif Sbaih’s house in Al Khader was hit and partially destroyed. National Security Member Mohammad Abu Al Ataya, 17, from Gaza, was wounded in the bombing of Um Al Sharayit and Beitunya.

LAW Society reiterates the following:

1. Israeli forces are committing increased crimes and using the Israeli war arsenal against unarmed Palestinian civilians.

2. They continue to bomb and shell Palestinian residential areas.

3. They continue to use collective punishment against Palestinians and deprive them of their basic human rights.

4. Israeli forces use settlements as bases from which to bomb Palestinian areas

LAW demands:

1. The Israeli government to immediately stop its crimes and collective punishment against Palestinians.

2. An international investigation committee to be set up, working according to UN Resolution 1322.

3. The Contracting Parties to the 4th Geneva Convention to ensure Israel’s compliance with the Convention.

4. Placing Palestinians under international protection.

5. The international community to put an end to these crimes and the Israeli occupation.

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YMCA

WORLD ALLIANCE RESPONDS TO CRITICISMS OF REPORT OF INTERNATIONAL YMCA TEAM VISIT TO PALESTINE

The World Alliance of YMCAs has received some reactions from individuals and organizations calling into question the report of the International YMCA team's visit to Palestine in November 2000. In summary, these reactions have suggested that:

· The report is one-sided, biased, does not include issues as viewed from the perspective of the Israelis, and is based on views from Palestinians

· It fails to show concern and sympathy for the loss of Israeli lives

· It makes no mention whatsoever of Palestinian violence

· It is inflammatory in nature and has cast a shadow of hatred and is therefore detrimental to the cause of peace and non-violence

The World Alliance has written replies along the following lines: The YMCA has long held the view that if there is to be a settlement of the conflict in the Middle East, it can only happen when there is justice for the Palestinians and security for the people of Israel. We are also convinced that our mission as a Christian organisation compels us to work for reconciliation between people who are or have been in conflict. Yet we know that justice is the pre-condition of reconciliation. Our positions have been developed over many decades of involvement with the people of the region. The recent report was based on the visit of an international team who for reasons of time and circumstances did not also visit Israel.

In the past however our international groups have visited Israel and this is certainly foreseen for future visits to the region. None of the members of the recent team has any quarrel with the people of Israel. Perhaps they will disagree with the methods now being employed in the context of violence in the region by the Israeli government but the report was based on visits to villages, towns and cities, and on meetings with many people who have been victims of Israeli aggression. We have a long history of service to refugees and victims of war.It has always been non discriminatory in nature.

Anyone who suffers falls within the scope of YMCA work. It is in this context that our current involvement among the Palestinian people must be seen. Several international figures from YMCAs in Europe, USA, Canada, Asia, Africa and Latin America have visited the YMCAs in Palestine and Israel to study the situation and to examine ways of a global YMCA response to it. We are sure that you are familiar with the fact that United Nations representatives and parliamentarians from a wide range of religious and ideological beliefs have also visited the region. Other international NGOs have also sent study teams into the region. The World Alliance of YMCAs' standpoint on the question of Palestine is similar to the positions of many organisations. It also does not differ from what Peace Movements within Israel advocate and argue for.

The international community broadly takes the view that the Palestinians are the victims of the ongoing tensions and lack the basic and legitimate right to a homeland and to live in dignity as all other people and nations. Having said this, we also hasten to state that our position is not against the Israeli people. We condemn all violence, Palestinian or Israeli, as a means of resolving conflict. The death or injury of anyone in conflict is cause for sadness. The YMCA has always been inclusive. Around the world, it is a model of people from different religious, economic, ethnic, social and ideological backgrounds working together to make a better world. We pray and yearn for a just and lasting peace in the Middle East which will provide the grounds on which Jews, Muslims and Christians can all live together - with and for each other.

Allow us to share an excerpt from our mission statement: the YMCA "seeks to share the Christian ideal of building a human community of justice with love, peace and reconciliation for the fullness of life for all creation". Such a framework implies that our view of conflict resolution can, and will, only revolve around methods of dialogue and non violence.

The World Alliance reaffirms that it is unequivocally committed to the cause of a peaceful, just and lasting settlement of the conflict between the Israelis and Palestinians.

The World Alliance reiterates its understanding that Israelis and Palestinians must live in peaceful co-existence. It reaffirms its long held view that Israel has the right to exist within safe and secure borders. At the same time, the Palestinians have their right to a state and nationhood. The World Alliance believes that the peace that is required must be based on justice for the Palestinians and security for Israel and that both tasks must be undertaken in parallel.

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