Israel continues to violate rights of human rights defenders and peaceful activists

30 December 2009

Addameer * Al-Haq * Al Mezan Centre for Human Rights * Al Dameer Association for Human Rights * BADIL Resource Center for Palestinian Residency and Refugee Rights * DCI – Palestine Section * ENSAN Center * Jerusalem Legal Aid Center * Women’s Centre for Legal Aid and Counselling

Israel has for too long been allowed to violate the rights of human rights defenders and activists. As an occupying power and State Party to the International Covenant on Civil and Political Rights (ICCPR), Israel is obliged to respect the rights of Palestinians in the Occupied Palestinian Territory (OPT) as guaranteed under the ICCPR. Palestinian human rights defenders must be guaranteed their right to
freedom of expression and peaceful assembly, and their right to liberty and security of person.

Since September 2009, Israel has intensified a repression campaign against Palestinian human rights defenders, activists and demonstrators protesting against the Annexation Wall. As part of their repression campaign, which coincided with the release of the Goldstone Report, the Israeli forces have re-launched daily dawn raids in villages affected by the Wall, arresting youths and children, for the purpose of extracting confessions about prominent community leaders advocating against the Wall, and continued to intimidate activists by destroying their private property and threatening them with detention. Finally, Israel has directly targeted the Grassroots “Stop the Wall” Campaign by arresting and intimidating its leaders.

With the recent arrests of Jamal Juma’, a prominent Palestinian human rights defender and coordinator of the “Stop the Wall” Campaign, Abdallah Abu Rahma, the Head of the Popular Committee against the Wall and Settlements in Bil’in and the administrative detention of Mohammad Othman, a youth coordinator with “Stop the Wall”, it became increasingly clear that Israel is seeking to hinder human rights defenders from carrying out their peaceful work, exercised within the framework of international humanitarian and human rights law.

Additionally, in the villages of Bil’in, Ni’ilin, Beit Duqqu, Jayyous and Al-Ma’sara, Israeli soldiers have been reported to throw stones at activists’ houses, storm their homes in the middle of the night, fire tear gas at them and destroy their personal belongings. Seemingly, these measures are implemented to deter Palestinian activists from attending weekly demonstrations against the Annexation Wall. The Israeli authorities have also summoned for interrogation a number of youth activists engaged in organizing peaceful demonstrations and solidarity events involving international supporters. Similarly, they launched an intimidation campaign against witnesses of human rights violations. On 17 December, for example, the Israeli soldiers raided the family house of eighteen-year old Salam Kanaan in Ni’lin, who became famous after she filmed an Israeli soldier shooting blindfolded and handcuffed Ashraf Abu Rahma in the foot and released it through the Israeli NGO’s, B’Tselem’s “Shooting Back” project. The soldiers came looking for the tape and when they did not find it, they left a notice, in which they summoned Salam’s family members for interrogation. In Al-Ma’sara, members of the Popular Committee Against the Wall, including Mohammad Birjiyah, Hassan Birjiyah and Mahmoud Zawahreh, who were arrested in May 2009 for their participation in demonstrations and subsequently released on bail, now face not only restrictions on their community work, but are also subject to constant delays and humiliation at Israeli checkpoints in the West Bank.

It is common Israeli practice to interrogate and detain Palestinians without charge and prevent lawyers from visiting their clients. Arbitrary detention violates the rights of human rights defenders and Israel must stop these illegal practices. Israel’s history of subjecting detained Palestinians to torture, inhumane and cruel treatment must also be noted. As Palestinian human rights organizations we demand that such practices are not used against any detained Palestinian, including Jamal Juma’, Mohammad Othman and Abdallah Abu Rahma. Importantly, the arrest of Jamal Juma’, Mohammad Othman and Abdallah Abu Rahma constitutes a violation of various international human rights instruments, in particular the International Covenant on Civil and Political Rights and the UN Declaration on Human Rights Defenders. The Declaration provides for the right of everyone to meet or assemble peacefully, which includes the right to form, join and communicate with non-governmental organizations, associations or groups. The Declaration further emphasizes the right of an individual to the lawful exercise of his or her profession, to participate in peaceful activities against violations of human rights and to solicit, receive and utilize resources for the purpose of protecting human rights. Additionally, the Declaration declares that people have the right to express concern about the policies and actions of individual officials and governmental bodies with regard to violations of human rights.

Although not legally binding, the UN Declaration on Human Rights Defenders served as a basis for the drafting of the EU and Norwegian Guidelines on Human Rights Defenders, which follow the Declaration in recognizing everyone’s right to promote and strive for the protections and realization of human rights, both individually and collectively. protection of human rights defenders has thus been recognized not only a moral obligation, but also as a social, individual and collective right and responsibility and became an important element of the European Union’s human rights external policy.

As Palestinian human rights organizations, we call upon the international community, including diplomatic missions in the occupied Palestinian territory and the International Committee of the Red Cross (ICRC) to intervene with Israel for:

• the immediate release of Jamal Juma’, Mohammad Othman and Abdallah Abu Rahma, and all other local activists;
• an end to the Israeli practice of arbitrary detention;
• full adherence to the ICCPR as applied to the Palestinian population in the OPT; and
• full respect of the UN Declaration on Human Rights Defenders.

In addition, we call upon members of the European Union and Norway to fully comply with the EU Guidelines on Human Rights Defenders and the Norwegian Guidelines on Human Rights Defenders; develop and adopt an effective strategy aiming to provide protection to Palestinian human rights defenders working in the OPT and Israel, by:

• Regularly attending trials of Palestinian Human Rights Defenders (HRD) who are held in detention. Exert pressure on the Israeli Military Court of Administrative Detainees to attend closed hearings of HRD held in administrative detention. Additionally, establish rotation routines for trial observation on behalf of the local Presidency.
• Regularly visit HRD in custody prior to trial.
• Ensure a permanent and institutionalized presence of EU monitors in areas where human rights are violated on a regular basis to prevent the arbitrary arrest of Palestinian HRD. These areas include:
villages affected by the Annexation Wall; parts of East Jerusalem, where houses are at risk of demolition and families are at risk of eviction; and, Palestinian villages located near settlements. Additionally, ensure EU presence at all house demolitions or evictions in East Jerusalem.
• Issue public statements condemning the arbitrary arrest and detention of HRD.
• Raise specific cases of HRD in detention with the Israeli authorities under the EU-Israel political dialogue.

BACKGROUND ON THE ARREST OF “STOP THE WALL” ACTIVISTS

1. Mohammad Othman, who is a youth coordinator with the “Stop the Wall Campaign”, was arrested by the Israeli soldiers on 22 September 2009 at the Allenby Border Crossing as he returned home to the West Bank from an advocacy tour in Norway where he attended several advocacy meetings and spoke about the Wall, and its associated unlawful regime. Since then, he has been held for 61 days in interrogation, and barred from access to his attorney for two weeks. After his two months of interrogation proved nothing, no external evidence was brought to the attention of the court and the military prosecution was unable to formulate substantiated allegations or charges against him, he was placed under administrative detention a day after the Military Court of Appeals decided to release him on bail. On 22 December, Mohammad’s administrative detention order was renewed for another month, ending on 22 January 2010.

2. On 15 December 2009, Jamal Juma’, a prominent Palestinian human rights defender, coordinator of the “Stop the Wall” campaign and a founding member of several Palestinian civil society networks and non-governmental organizations, was summoned for interrogation by the Israeli Police. He was asked to go to the Qalandia checkpoint, where he was subsequently handcuffed and taken to his home. His home was searched for two hours in the presence of his wife and three young children where his cell phone and computer were confiscated. Jamal was then brought to Moskobiyyeh Interrogation Center in West Jerusalem, where he was subjected to interrogation. Two subsequent court hearings, on 21 December and 24 December extended Jamal’s detention period for the purpose of interrogation based on “secret information” that was made available to the military judge by representatives from the Israeli Security Agency (ISA). The content of the “secret information” was not however disclosed to Jamal’s attorney. Although a resident of occupied East Jerusalem, Jamal is currently being interrogated under the Israeli military orders, with no access to the outside world, and until 27 December, without any access to his attorney due to a court’s decision to implement a ban on lawyers’ visits. Practice shows that the military court always allows the interrogation of East Jerusalemites under the military orders in order to extend the interrogation period to the maximum, allow the outmost flexibility for Israeli Security Agency (ISA) officers in their conduct of the interrogation and reduce legal safeguards to the minimum. Prior to his arrest, Jamal has been actively campaigning for the protection of Palestinian human rights defenders and activists protesting against the Annexation Wall, including his colleague, Mohammad Othman.

3. On 10 December 2009, the Israeli forces arrested Abdallah Abu Rahma, a high school teacher and the Head of the Popular Committee against the Wall and Settlements, in the village of Bil’in, where the Israeli authorities have annexed close to 55 percent of the village’s land for the construction of the Wall and the expansion of Israeli settlements. Abdallah is currently tried on three charges, namely incitement, stone throwing and the possession of arms. It is clear from Abdallah’s indictment that he was arrested for his leading role in mobilizing a non-violent resistance movement against the Annexation Wall and its associated, unlawful regime. Among the accusations under the banner of “incitement”, the military prosecution listed Abdallah’s instrumental role in organizing and leading demonstrations against the Wall and distributing Palestinian flags to participants of the demonstrations, which sixteen years after the signing of the Oslo Accords is still considered a “security offence” under Israeli military regulations. In relation to the last charge, the Israeli army accuses Abdallah of collecting empty sound and gas grenades, as well as M16 bullets used by the soldiers to disperse the crowds at demonstrations and showing them as an exhibit in the village’s museum to raise awareness of Israeli practices against unarmed civilians. However, documenting human rights violations, collecting evidence, providing support and assistance to victims seeking remedies, combating cultures of impunity and mainstreaming human rights culture and information on an international and domestic level have been recognized by the United Nations Declaration on Human Rights Defenders as legitimate activities that need to be not only protected but also promoted. Further, the non-violent character of the demonstrations has been, amongst others, recognized by the Elders organization, including Archbishop Desmond Tutu, former president Jimmy Carter and former Irish President, Mary Robinson, who visited Bil’in and met with Abdallah Abu Rahma during their mission to the OPT in August 2009.

Israeli occupation authorities deny Gaza Christians permission to travel to Bethlehem at Christmas

Palestinian Centre for Human Rights

27 December 2009

Israeli occupation forces prevented young Christians from the Gaza Strip from travelling to the West Bank to celebrate Christmas and the New Year. This restrictions were imposed in the context of Israel’s illegal closure of the Gaza Strip, which has now been in place for 928 consecutive days. The Palestinian Center for Human Rights (PCHR) condemns this form of collective punishment, and calls upon the international community to exert pressure on Israeli occupation authorities to cancel their decision and immediately allow all Christians to move freely, to grant access to the Church of the Nativity and Church of the Resurrection, and to respect the right to freedom of religion.

According to Palestinian sources, Israeli occupation authorities prevented Christians from the Gaza Strip aged 16-35 from traveling from the Gaza Strip to the West Bank to participate in the celebration of Christmas and the New Year in Bethlehem and Jerusalem. They refused to consider any application for permits for those aged between 16 and 35 from both sexes for no apparent reason. This policy contradicts Israeli claims that it allowed all Gazan Christians to participate in the celebrations of Christmas in the West Bank.

According to investigations conducted by PCHR, at least 550 Christians applied for permits to travel to the West Bank, and Israeli occupation authorities refused to accept applications from 450 others aged 16-35. Israeli occupation forces allowed only 450 applicants, 70% of whom were children, to travel to the West Bank. PCHR note that most rejected applications were of parents, which in effect deprived children who obtained permits of traveling as their parents were not able to accompany them.

Such measures have been in place for the last number of years. Last year, the Palestinian Civil Affairs Commission submitted at least 1,000 applications to obtain permits for Christians to travel from the Gaza Strip to the West Bank, but Israeli occupation authorities approved only 271, mostly of children and the eldery. Those who were allowed to travel were subjected to humiliating prolonged checking at Beit Hanoun (Erez) crossing before being allowed to pass through the crossing.

PCHR is deeply concerned over the policy of collective punishment adopted by Israeli occupation authorities, which constitutes a serious violation of international human rights and humanitarian law, particularly the Fourth Geneva Convention of 1949. PCHR calls upon the international community to immediately act to allow Palestinian civilians to enjoy their rights to freedom of movement and worship. PCHR stresses that everyone has the right to freedom of faith and religion, including the right to conduct religious rituals, and the right to freedom of movement and/or having access to sacred religious sites, which are fundamental rights that must be respected, protected and upheld.

Demonstrators to protest closure of Beituniya military checkpoint in solidarity with families of Palestinian political prisoners and in support of lawyers’ strike

29 December 2009

The Popular Struggle Coordination Committee and the Palestinian Society Prisoners’ Club called for a demonstration on Tuesday, 29 December 2009, to protest the closure of the Beituniya checkpoint, the only access route for many families and lawyers of prisoners held at Ofer military prison. All visitors must now go through the Qalandiya checkpoint, which however requires a permit to enter Israel. These permits are frequently denied to family members of political prisoners as well as their lawyers.

Jad Qudamani, director of the legal department of the Palestinian Society Prisoners’ Club, said: “Our lawyers, for many of whom the Beituniya checkpoint provides the only access route to their clients, were informed by Israeli military about its closure for ‘security reasons’ this Sunday. To protest this unlawful act, the lawyers and families of Palestinians held at Ofer military prison called for a strike until the checkpoint is re-opened. The closure has serious implications on prisoners’ basic rights as it makes it extremely difficult for lawyers to represent them and prevents their families from visiting them.

Almost 8,000 Palestinians are currently held in Israeli prisons, both inside of the West Bank and in Israel. Among them are grassroots activists Jamal Juma’ and Mohammad Othman from the Stop the Wall Campaign, Adeeb Abu Rahmah and Abdallah Abu Rahmah from the Bil’in Popular Committee Against the Wall and Settlements and Wa’el Al Faqeeh from the Tanweer Cultural Centre in Nablus, imprisoned during a recent wave of arrests conducted by the Israeli military targeting leaders of non-violent popular resistance against the occupation.

Demonstrators will also protest the arrest of Abdallah Abu Rahmah, a school teacher and well-known grassroots organizer of non-violent protests against the Wall and settlements in the village of Bil’in, who is currently detained at the Ofer prison, and the charges brought against him by the Israeli military prosecution.

The afternoon before his arrest on 10 December 2009, Abdallah prepared a speech to be delivered on his behalf at the World Association for Human Rights awards ceremony in Berlin. In his speech, Abdallah wrote:

“Unlike Israel, we have no nuclear weapons, and no army, but we do not want or need those things, because of the justice of our cause, we have your support and with it we know that ultimately we will bring down Israel’s Apartheid Wall.”

Despite his commitment to the non-violent struggle against the occupation, Abdallah was charged with arms possession by the military prosecution, for collecting spent munitions fired at peaceful protesters by the Israeli army, and displaying them at his home to demonstrate the disproportionate violence used to disperse demonstrations in Bil’in. Other charges include incitement and stone throwing. On receiving the indictment Adv. Gaby Lasky, Abu Rahmah’s lawyer said: “The army shoots at unarmed demonstrators, and when they try to show the world the violence used against them by collecting and presenting the remnants – they are persecuted and prosecuted. What’s next? Charging protesters money for the bullets shot at them?”

Gaza Freedom March: 85 year old Holocaust survivor Hedy Epstein begins hunger strike to open Gaza border

Gaza Freedom March

28 December 2009

Hedy Epstein, the 85 year old Holocaust survivor and peace activist, announced that she will begin a hunger strike today as a response to the Egyptian government’s refusal to allow the Gaza Freedom March participants into Gaza.

Ms. Epstein was part of a delegation with participants from 43 countries that were to join Palestinians in a non-violent march from Northern Gaza towards the Erez border with Israel calling for the end of the illegal siege. Egypt is preventing the marchers from leaving Cairo, forcing them to search for alternative ways to make their voices heard.

Ms. Epstein will remain outside the UN building at the World Trade Center (Cairo) – 1191 Cornish al-Nil, throughout today, accompanied by other hunger strikers. “It is important to let the besieged Gazan people know they are not alone. I want to tell the people I meet in Gaza that I am a representative of many people in my city and in other places in the US who are outraged at what the US, Israeli and European governments are doing to the Palestinians and that our numbers are growing,” Epstein said.

In 1939, when Epstein was just 14, her parents found a way for her to escape the persecution, sending her on the Kindertransport to England. Epstein never saw her parents again; they perished in Auschwitz in 1942. After World War II, Epstein worked as a research analyst at the Nuremberg Trials of Nazi doctors who performed medical experiments on concentration camp inmates.

After moving to the US, Epstein became an activist for peace and social justice causes. Unlike most Holocaust survivors, one of the causes she has taken up is that of the Palestinian people. She has travelled to the West Bank, collected material aid and now she hopes to enter Gaza.

Demonstration demanding the release of Palestinian political prisoners to be held in Nablus on Tuesday, 29 December

28 December 2009

For immediate release:

A demonstration will be held in Nablus on Tuesday 29 December 2009 to demand the release of all Palestinian prisoners. Almost 8,000 Palestinians are currently held in Israeli prisons. Among them are grassroots activists Jamal Juma’ and Mohammad Othman from the Stop the Wall Campaign, Adeeb Abu Rahmah and Abdallah Abu Rahmah from the Bil’in Popular Committee Against the Wall and Settlements and Wa’el Al Faqeeh from the Tanweer Cultural Centre in Nablus, imprisoned during a recent wave of arrests conducted by the Israeli military targeting the non-violent popular resistance leaders.

Demonstrators will gather outside of the Red Crescent Building at 11am and demand the release of Wa’el al Faqeeh, renowned throughout the Nablus region for his tireless campaigning and non-violent action against the Israeli occupation. He was taken from his home at 1am on 8 December when 50 Israeli soldiers entered his house in the north of Nablus, aiming their weapons at Al Faqeeh and his family. Al Faqeeh is now being held at Jelemeh Prison in Haifa, Israel. The prison is notorious for its imprisonment and ill-treatment of Palestinian political prisoners in particular.

Al Faqeeh, 45 years old, worked with various groups in the Nablus region such as the Nablus Youth Union, the Palestinian Cultural Enlightenment Forum and many international groups, supporting Palestinian non-violent struggle. He championed the struggle of Palestinian farmers and villagers, as well as working closely with youth groups in the fields of education, culture and the arts. His co-ordination work of the yearly olive harvest, as well as year-round organisation of demonstrations, fund-raising, community-building and educational events has played an instrumental role in the communities of the region. Favouring grassroots, cross-spectrum peaceful activism to politics, Al Faqeeh has always strived to bridge political divides between Palestinians.