Yesterday, 14 January 2001, LAW learnt from the office of the Israeli Attorney General that an investigation into allegations of torture brought forward by Rami Iz'oul, an 18-year-old Palestinian detainee, would not be carried out. The reason given for the refusal to investigate the case was that it did not constitute a matter of "public interest". The letter by the office of the Israeli Attorney came in response to a complaint filed by LAW, through its attorney Labib Habib, with the Department for Investigation of Police Misconduct on 3 December 2000. LAW had demanded an investigation into the interrogation of Rami Iz'oul.
Rami Iz'oul was arrested by Israeli soldiers from his home in the West Bank village of Husan near Bethlehem on 30 October 2000 and has been kept in detention since. Iz'oul claims that he was beaten and had ice-cold water poured over his head during the interrogation by the Israeli police (see LAW's press releases of 30 November and 16 December 2000).
Due to the torture suffered during interrogation, Iz'oul had to be transferred to Hadassa hospital in Jerusalem and was hospitalized for one night. After his release from hospital, the 18-year-old reported that he was beaten again and threatened into signing a false confession.
On 6 September 1999, the Israeli High Court issued a judgment outlawing specific interrogation methods amounting to torture. The High Court further stated that a reasonable interrogation was necessarily one free of torture, cruel and inhuman treatment. The Court highlighted that "brutal and inhuman means" were prohibited during interrogation and that human dignity includes the dignity of the suspect being interrogated.
LAW believes that the practices used during the interrogation of Rami Iz'oul amount to "brutal and inhuman means" and are therefore in contradiction of the High Court ruling of 6 September 1999.
For this reason, LAW maintains that an investigation into the allegations of torture brought forward by Rami Iz'oul is of the utmost importance and will further pursue the issue with the Israeli State Prosecutor's Office. LAW is concerned that if a proper investigation into the case is not carried out, it will be seen by Israeli interrogators as a signal that acts of torture and ill treatment will go unpunished.
Under international law, interrogation methods which constitute torture or ill treatment are absolutely prohibited and subject to universal jurisdiction.
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Justice Abramovich rejected the argument that the goal of issuing the
order against Mr. Athamleh was to stop his political activity. He
found that there isn't and wasn't 'even the shadow of a shadow of any
political act' in the Defense Minister's issuance of the detention
order. Justice Abramovich also stated that the initiation of a
criminal prosecution was impossible due to the State's need to protect
its sources, as well as the methods used to obtain such information.
Justice Abramovich agreed that the State Prosecutor could not allege
facts sufficient to criminally charge and detain Mr. Athamleh, and
that alternative measures - such as house arrest or other restrictions
on movement - would be insufficient to ensure against Mr. Athamleh's
dangerous activities. Adalah will appeal this decision to the Supreme
Court.
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In one of the most recent attacks, perpetrated by Israeli forces and
settlers against Palestinians in the Occupied Palestinian Territories,
more than 150 settlers attacked the Al-Mawasi (agricultural) area West
of Khan Younis. The area is under Israeli military control. They set
fire to a number of houses and civilians buildings.
According to eyewitnesses, at about 12:30 this afternoon, 150 armed
settlers from the settlements of Kfar Yam, Netzer Hazani, and Neve
Dekalim under full protection from Israeli soldiers attacked and set
fire to six beach front coffee shops owned by Palestinians from Khan
Younis. Two houses, belonging to Ibrahim Yousef Al-Laham, and Said
Abdulla Al-Najar, were burned down. Settlers also burned a cattle
barn, and many green houses owned by Palestinian civilians. Much
agricultural land was also destroyed by settlers in the attack. The
settlers fired guns in the air intimidating local residents and
forcing them to remain in their homes. The attack lasted until 2:00
pm, when Israeli soldiers intervened and forced the settlers to leave.
Because the Israeli Occupation forces have closed the area PCHR has
not been able to gather further informaion about this attack.
Last night and early this morning Israeli occupation forces brought
more forces into the Al-Mawasi area. Palestinian houses were
searched. Sabri Said Al-Najar (the son of Said Al-Najar) was
arrested. Civilians were forced to stay in their homes due to an
unofficial curfew. The two main roads leading from Khan Younis and
Rafah to the Al-Mawasi area were closed by Israeli forces (the
crossings at Al-Tufah and Tel-Sultan). In additional all of the
smaller roads leading to the area were blocked by Israeli occupation
forces.
PCHR calls upon the international community to intervene immediately
to stop the grave human rights violations perpetrated by Israeli
forces and settlers against Palestinian civilians. PCHR reiterates
its demand that the High Contracting Parties to the Fourth Geneva
Convention of 1949 take effective measures to ensure the
implementation of the agreement by Israel in the Occupied Territories,
and to live up to their own obligations, by providing protection for
Palestinian civilians in the Occupied Territories.
Adalah: The Legal Center for Arab Minority Rights in Israel
Israeli Court Approves Administrative Detention of Palestinian Citizen
of Israel
The President of the District Court of Nazareth, Justice Yehuda
Abramovich, yesterday approved a six-month administrative detention
order against Mr. Ghassan Athamleh. The order, issued on 4 December
2000 by Prime Minister And Minister of Defense Ehud Barak, is the
first such administrative detention order to be issued against an Arab
Palestinian citizen of Israel since 1997. The Court's decision was
based on 'secret evidence,' presented to the Court by the State's
prosecuting attorney, Ms. Esther Gofer and the General Security
Services (GSS) ('Shin Beit'). Neither Mr. Athamleh nor his defense
team was allowed to see the secret evidence or respond to it.
Mr. Athamleh was detained on 21 November 2000 and subjected to GSS
investigation for ten days before the Defense Minister issued an
administrative detention order. During this period, Mr. Athamleh was
held in 'incommunicado detention,' not permitted to meet with his
lawyers or family members. The Emergency Powers (Detention) Law (1979)
authorizes the government to order the administrative detention of
individuals for up to a six-month period, which may then be renewed
repeatedly.
Mr. Athamleh lives in Reineh village in the Galilee (near Nazareth).
He is 38 years old, and is married with four children. He is a
political activist and a Central Committee member of the Balad party
(National Democratic Alliance). Mr. Athamleh was administratively
detained on two prior occasions, once in 1988 and once in 1995. He is
being held in the Kishon "Jalamee" prison in isolation, denied contact
with the other detainees and forced to remain in his cell 23 hours per
day.
Adalah lawyers, Mr. Hassan Jabareen (General Director) and Mr. Jamil
Dakwar, represent Mr. Athamleh. They argued that administrative
detention severely violates Mr. Athamleh's due process rights, in
clear contradiction with the Basic Law: Human Dignity and Freedom
(1992), which provides for the right To liberty and the right to
dignity. If the State believes that Mr. Athamleh committed offenses,
the State should initiate a criminal prosecution and submit an
indictment, which informs Mr. Athamleh and his lawyers of the charges
against him and allows them to challenge the State's allegations. They
also charged that Mr. Athamleh's detention was politically motivated.
Hassan Jabareen, General Director, Mobile +972-53-228-901
Jamil Dakwar, Advocate, Staff Attorney, Mobile +972-52-852-552
Telephone: +972-4-950-1610 (Adalah Office)
Fax: +972-4-950-3140 (Adalah Office)
E-mail: adalahorg@hotmail.com
Web: www.adalah.org
Palestinian Centre for Human Rights
Israeli Settlers Attack Palestinian Civilians and their Properties in
Khan Younis