In photos: On hunger strike in Gaza

by Mya Guarnieri

10 February 2012 | Alternative Information Center

A number of Gazans have joined Khader Adnan’s hunger strike to protest the inhumane conditions that Palestinian political prisoners face in Israeli jails. Israel often holds Palestinians in administrative detention without charges, depriving detainees of their right to due process.

Adnan has been on hunger strike for 55 days and is currently hospitalized in Israel. While Adnan and his lawyers is contesting his administrative detention, the Israeli judge who heard the case yesterday declined to issue an immediate decision. Addameer Prisoner Support and Human Rights Association said that the delay “may prove fatal.”

Here, Gazans fast at a protest tent in support of Adnan. Some lie in beds, with shackles, to simulate Adnan’s current condition.

Photos courtesy of Joe Catron

Palestinians demand justice: 52 days and Khader Adnan is dying to live

by Aaron

7 February 2012 | International Solidarity Movement, West Bank

Click to stand in solidarity and take action!

On Monday and Tuesday Palestinians rallied for Khader Adnan and all political prisoners before regional offices of the Red Cross, demanding that the organization takes a solid stand for the rights of more than 5000 Palestinian prisoners and detainees held in Israeli prisons.

TAKE ACTION NOW TO SUPPORT KHADER ADNAN

Al Khalil:

The mood was at once festive and somber Monday, February 6th, when a determined group of family, friends, and solidarity activists rallied in front of the Al Khalil (Hebron) office of the International Committee of the Red Cross, demanding that the organization take a stand for the rights of more than 5000 Palestinian prisoners and detainees held in Israeli prisons, many without ever having been formally charged or offered legal defense. Organized by the Palestinian Prisoner Society, Monday’s demonstration comes two weeks after Israeli soldiers stormed the Al Quds (Jerusalem) ICRC office to arrest two Hamas government officials taking shelter there and three weeks after another three Palestinian elected officials were arrested.

For the last three months, the Palestinian Prisoner Society has organized a weekly protest to highlight the miserable plight of specific detainees—this week’s political prisoners are Khader Adnan and Razeq Al- Rjoob.

Khader Adnan is protesting his administrative detention in a hunger strike that has extended 52 days, with his health debilitating rapidly. Razeq Al- Rjoob  is another political prisoner who has been kept in solitary confinement over eight months.

These men’s stories are not all that bring out protesters, many of whom have lost fathers, sons, brothers, husbands, and friends as well as mothers, daughters, or sisters  to Israeli prisons. Badran Jaber had his son, Rasan Badran Jaber, taken from him three months ago when soldiers entered the house, locked him and his wife in one room, and then “demolished all their furniture” and arrested their son.

Palestinians demand a firmer stance for its prisoners - Click here for more images

Like the men recognized this week, Jaber said his son was detained because he is active in the prisoner rights movement, agitating from inside during an eight year sentence and continuing after his release. Jaber was taken into custody once again without charge or legal recourse. Serving more than one multi-year prison sentence or period of detention without charge is common for Palestinian young men of Hebron, and the West Bank generally, especially for those engaged in civil resistance.

Incredibly in such a public conflict, Jaber maintains that most people internationally “do not know about the administrative detentions” and stated that the Red Cross needs “to [spread] knowledge of what is happening to the Palestinian people.”

With a mandate from the Geneva Conventions (1949) and additional Protocols I & II (1977), the ICRC is charged with holding military, occupying, and national forces to international humanitarian and human rights standards, which include prohibitions of torture, abuse, collective punishment, and forced relocation, and require that detainees be granted (among other rights) adequate food, water, medical care, legal representation, and visitations by family and aid workers.

Barbara Lecq, head of the ICRC’s Sub-delegation for the Southern West Bank was present for the protest and spoke to her organization’s position. Questioned about the protests, she expressed doubts about the feasibility of the crowd’s expectations, but also stated that review of “material conditions” in the lives of prisoners and detainees, especially access to food, water, outside time, and social interaction, is in order. While detentions, she added, are permitted under the Geneva conventions and are “nothing new” to the Occupied Palestinian Territories (oPt), they “may turn out not to be nice or moral.”

According to Amjad Najjar, media spokesperson for the Palestinian Prisoners Society and head of the Hebron branch, the most recent wave of prisoner civil resistance was inspired in part by similar resistance movements to British authority in Ireland. “We all watched the Bobby Sands documentary,” he said.

At its height the strike has included as many as 2000 prisoners from all political parties and has brought systemic abuse of Palestinian inmates into limelight of international media.

Organized resistance among Palestinian resisters is no new phenomenon. Previous generations of prisoners have fought and won the ability to self-organize and educate, the very same rights taken away by the Netanyahu government.

The PPS itself is the continuation of organizing that took place inside prison, says Najjar, when prisoners recognized the need for prisoners to self-represent as much as possible to outside media. Along with advocacy for prisoner rights, they facilitate visitations and provide legal, educational, and other services for inmates and their families.

While Najjar said, “Our problem is not with the people of the ICRC…we think they are in solidarity,” the PPS campaign to end prisoner abuse is expected to escalate in coming months leading up to Palestinian Prisoner’s Day on April 17th.

Individuals in Hebron carry the pictures of loved ones, stolen from their families by Israeli administrative detention.

Until the ICRC denounces the treatment of prisoners and formally recognizes their status as prisoners of war, the Palestinian Prisoners Society will continue to hold weekly demonstrations.

This coming week a demonstration will take place near the town of Ad Dhahiriya at the Meitar Checkpoint, a main route for Palestinians to visit incarcerated family members. Soldiers have begun conducting frequent strip searches, including of women, in dual harassment of would-be visitors by violating their modesty and cultural and religious prohibitions.

 Ramallah:

On Monday the father of Khader Adnan, Musa Adnan, announced that he too would join his 33 year old son in solidarity by partaking in the hunger strike, meeting with Salaam Fayyad in Ramallah.

Amnesty International also commented on Israel’s lack of compliance to international law, denouncing the potential fatal results of Israel’s lack of concern for prisoner rights. In a statement by Amnesty International’s Anne Harrison, Deputy Director of North Africa and the Middle East, she stated:

The Israeli authorities must release Khader Adnan and other Palestinians held in administrative detention unless they are promptly charged with internationally recognizable criminal offences and tried in accordance with international fair trial standards.

Supporters in Ramallah gather at the Red Cross Office in Ramallah in solidarity with Khader Adnan and political prisoners | Photos by Fadi Arouri

According to a statement released by the Palestinian Authority’s Ministry of Detainees and Ex-Detainee Affairs, the Ofer prisoner administration  has collectively punished 8 prisoners who have joined Khader Adnan’s hunger strike, transferring them to solitary confinement. The prisoners names are Raed al-Sayegh, Muhtaseb al-Assa, Ayman al-Za’qeq, Hassan lafi, Mohammad Shaheen, Ahmad al-Iweiwi, Na’il and Firas al-Barghouthi.

Qadura Fares, the president of the Palestinian Society Prisoner’s Club, announced on Monday that demonstrations and acts of solidarity would continue. Prisoner advocates requested a statement from Ofer military court on Monday regarding the extension of Adnan’s administrative detention, only to receive a confirmation from Israel that Adnan still faces at least 4 months of imprisonment, enacted since the order was arbitrarily placed on January 8th.

Ramallah joins the march for prisoner rights - Click for more images

On Monday night supporters gathered in Ramallah’s clock square in light of Adnan’s diminishing health, violated rights, and Israel’s lack of regard or concern. According to local organizer Sabreen Al Dwak, she urged the community on Monday night to say “No to killing our people” in a meeting in Clock Square that evening. The action continued into today as hundreds of Palestinians and supporters gathered in front of the International Red Cross Office in Ramallah and in Clock Square, demanding a firmer stance against Israel’s manipulative and abusive measures of against Palestinian political prisoners.

22 year old Sabreen Al Dwak, local organizer, collapsed during today's demonstration in Clock Square, Ramallah. She is resuming her hunger strike. | Photo via raya.fm

Al Dwak collapsed during the demonstration as she endured her fourth day on hunger strike in solidarity with the prisoners. Doctors gave her salt, which is commonly employed to sustain such hunger strikes.

She refused further medical care in order continue her hunger strike. Solidarity activists will continue to camp in Clock Square, on hunger strike, while according to WAFA News, the campers will remain under medical surveillance.

According to the prisoner support and human rights organization Addameer (‘Conscience’), since 1967 Israeli authorities have arrested 2 in 5 Palestinian men and 1 in 5 Palestinians in generally (700,000), including 10,000 women and many thousands of children. Currently there are more than 200.

These numbers do not include those incarcerated by proxy, through the Palestinian Authority, which has on many occasions been obligated to cooperate with Israeli forces. The steadily worsening conditions for 4500-6000 Palestinian in Israeli prisons at any given time received a severe shock in June 2011, after Prime Minister Benjamin Netanyahu promised collective punishment—including punitive isolation and curtailed access to education, television, books, medical care, family visits, and more—while the single Israeli soldier Gilad Shalit remained in Hamas custody.

Later that year, in September 2011, Palestinian prisoners from multiple factions and prisons announced a “Campaign of Disobedience,” involving a hunger strike, refusal to prison uniforms, and noncompliance with role calls. Even though Shalit was released in October, conditions have not improved and in many cases have worsened, according to an Amnesty International report. Since 1948, over 200 Palestinians have died in prison, from inadequate medical care and food, severe beatings and torture, and other abuse.

For more updates or to take action, people can monitor the ISM website (callouts for action will be posted), respond to Adameer’s call to action, or write an email to the ICRC Jerusalem Office (JER_jerusalem@icrc.org) and demand they take a stand for prisoner rights.

Aaron is a volunteer with International Solidarity Movement (name has been changed).

A detainee at risk: Ongoing hunger strike since December 17

by Shahd Abusalama

21 January 2012 | The Electronic Intifada

My lastest drawing of the Palestinians’ determination to find a way to fight injustices by the Israeli Occupation. (Shahd Abusalama)

If you have the power, you can abuse it and no one will say a word in protest. At least this is the case for Israel, which openly violates international law and human rights feeling secure that one will stop it.

But Khader Adnan, a detainee from Jenin, has decided not to stay silent and accept injustices against him and his fellow prisoners. He is battling armed jailers with his only weapon: his empty stomach. Khader started hunger striking the day of his arrest, December 18, to protest the unjust administrative detention he is serving and the indescribable cruelty he has experienced since then.

My father’s experience of being an administrative detainee

It’s worth mentioning that administrative detention is a procedure the Israeli military uses to hold detainees indefinitely on secret evidence without charging them or allowing them to stand trial. Over 300 Palestinian political prisoners are serving this term now, and tens of thousands of Palestinians have experienced administrative detention since 1967.

My father served this term three times. Previously, he had been sentenced to seven lifetimes plus ten years, but released in the 1985 prisoner exchange after serving thirteen. As I read about Khader’s story in a report by Addameer Prisoner Support and Human Rights Association, stories about Dad’s experiences in Israeli prisons came back to me.

The last time it happened, a month after I was born in 1991, was the hardest. My mother told me how I came into this life where safety, peace, and justice are not guaranteed. ”In the middle of the night, a huge force of armed Israeli soldiers suddenly broke into our home, damaging everything before them. They attacked your father, bound him with chains, and dragged him to the prison, beating him the whole way.” The happiness of a new baby – me – didn’t continue for the whole family. My traumatized mother was able to breastfeed me for a month, but then she couldn’t anymore; her sorrow ended her lactation.

Every Palestinian is convicted to a life of uncertainty without having to commit a crime. Being a Palestinian is our only offense. For Khader, this detention is not his first time in Israeli prisons. It’s actually his eighth, for a total of six years of imprisonment, all under administrative detention. Each one had a different taste, ranging from bitter to bitterer.

Story of Khader’s Adnan’s arrest

This time, the Israeli Occupation Forces (IOF) raided Khader’s house at 3:00 am using a human shield, Mohammad Mustafa. Mohammad is a taxi driver who always takes Khader’s father to the vegetable market. He was kidnapped by the IOF and forced to knock on Khader’s door while blindfolded. Then the IOF raided Khader’s house, trashing it as they did. Shouting, they aggressively grabbed his father, with no consideration for Khader’s two little daughters, his wife, who could have miscarried her five-month fetus, or his sick mother. But when did IOF have any respect for human values?

Khader was immediately blindfolded, and his hands were tied behind his back with plastic shackles. Afterwards, the soldiers pushed him into a military jeep with non-stop physical torment that continued for the ten-minute drive it took for the jeep to reach Dutan settlement. You can imagine how a short period seemed like forever to Khader, who was unable to move or see while every part of his body was continuously and brutally beaten. To make things even worse, Khader’s face was injured when he smashed in a wall he couldn’t see due to the blindfold wrapping his eyes after he was pushed out of the jeep.

Addamear reported that after Khader’s arrest, he was transferred to different interrogation centers and ended up in Al-jalameh. Upon arriving there, Khader was given a medical exam, where he informed prison doctors of his injuries and told them that he suffered from a gastric illness and disc problems in his back. However, instead of being treated, he was taken to interrogation immediately.

Silence and hunger strike in response to interrogators’ humiliation

The interrogation period, which lasted for ten days, took the form of psychological torture with continuous humiliation using very abusive language about his wife, sister, children, and mother. Throughout the interrogation sessions, his hands were tied behind him on a crooked chair, causing extreme pain to his back. Believing in the power of silence, Khader’s only response was to object to the interrogator’s use of increasingly insulting speech.

Because of Khader’s hunger strike against violations of his rights and the terrible treatment used against him, Addameer reported that he was sentenced to a week in isolation by the Israeli Prison Service (IPS) on the fourth day of interrogation. Moreover, in order to further punish him without being required to go to court, the IPS also banned him from family visits for three months.

In addition, during the second week of interrogation, Khader experienced further humiliations. One interrogator pulled his beard so hard that it ripped hair out. The same interrogator also took dirt from the bottom of his shoe and rubbed it on Khader’s mustache. But they couldn’t break his dignity, and even after the interrogation ended, Khader continued his hunger strike.

According to Addameer report, on the evening of Friday, 30 December 2011, Khader was transferred to Ramleh prison hospital because of his health deteriorating from the hunger strike. But even there, he lacked medical care. He was placed in isolation in the hospital, where he was subject to cold conditions and cockroaches filled his cell. He refused any medical examinations after 25 December, which was one week after he stopped eating and speaking. The prison director came to speak to Khader, or rather threaten him, commenting that they would “break him” eventually.

I know I mentioned before that there are no trials for Palestinian detainees under administrative detention. But actually, they do get a trial. It’s not for them to challenge the reasons for their detention though. It’s for a military judge to decide the period they are going to serve according to the “secret evidence” that IPS holds against him, none of it shared with the detainee or his lawyer. This is an obvious violation of human rights, leaving Khader and detainees like him with no legitimate means to defend themselves.

On 8 January 2012, at Ofer military court, Khader received a four- month administrative detention order. There, he was threatened by members of the Nahshon, a special intervention unit of the IPS known for particularly brutality in their treatment of prisoners, who told Khader that his head should be exploded.

The need to act

Khader’s health is deteriorating rapidly. He is refusing treatment until he is released, but a prison doctor has threatened to force-feed him if he continues. Cameras in his cell watch him at all times, and if he does not move at night, soldiers knock loudly on his door. This prisoner is at risk, so SUPPORT Addamear campaign to call for his release.

People in Gaza set up a tent in front of the Red Cross last Thursday to join Khader’s protest against his administrative detention and violations of Palestinian detainees’ simplest rights, and demand justice and freedom for them. Something must be done against this unjust system and its conditions of imprisonment. International solidarity is greatly needed. Join Addameer’s campaign to Stop Administrative Detention. ACT NOW!

Shahd Abusalama, 20, is a Palestinian artist, a blogger and an English literature student living in Gaza City. She is interested in conveying the images, experience and emotions of the Palestinian people as well as their strength, determination, struggle and suffering. She blogs at Palestine From my Eyes, and she can always be followed at @shahdabusalama.

Israel releases Palestinian boycott activists

Benjamin Joffe-Walt | The Media Line

14 January 2010

A prominent West Bank activist said by Palestinian groups to be the first Palestinian imprisoned for promoting an international boycott of Israel has been released after being detained by Israel for over 100 days without charge.

Mohammad Othman, a 34 year old resident of the West Bank village of Jayyous, was released Wednesday after 113 days in Israeli custody.

Palestinian advocacy groups believe Othman to be the first Palestinian imprisoned solely for advocacy of the international boycott movement against Israel.

“I was interrogated every single day for 75 days from 8am until 6.30pm and sometimes until midnight,” Othman told The Media Line. “The entire time I was held in isolation. Physically they did not touch me, but it really damages a person to be in isolation. They also played all kinds of games, telling me they will arrest my brother, my friends and the journalists writing about me.”

Othman was first taken into Israeli custody by the Israel Security Agency, commonly known as the Shin Bet, on September 22 at an Israeli border crossing terminal. Othman was attempting to return to the West Bank following a trip to Norway, where he had met with senior government officials including Finance Minister Kristen Halvorsen to try and convince the country to boycott companies involved in Jewish settlement in the West Bank. Othman took Norwegian officials on a tour of the West Bank, traveled to Norway and played a major role in convincing a Norwegian state pension fund to divest the $5.4 million it had invested in Elbit, one of Israel’s largest defense firms. Minister Halvorsen announced the decision early last month.

“They are trying to put a lot of pressure on the boycott movement,” Othman said. “They realized how much pressure it is putting on them.”

“I was interrogated by ten different commanders, nine from the Shin Bet and one from the Mossad,” he said, referring to the Israel Security Agency and Israel’s national intelligence agency, respectively. “They asked me about the boycott, divestment and sanctions movement, my work, why I’m traveling around the world and why I have the contacts of ministers, prime ministers and embassies.”

Othman was held for interrogation for two months, after which he was put into administrative detention.

“After about 50 days they came up with this charge that I’m in contact with Hezbollah,” Othman said. “It’s crazy. I told them I am involved in a peaceful fight and dealing with international human rights organizations.”

“They had nothing against me but I was really worried when I was put into administrative detention,” he said. “It can be a few months or up to seven years.”

“I was often put in court without a lawyer and had to represent myself,” Othman said. “Two days ago I was sent to court again and I got the papers that I was going to be freed.”

“I couldn’t believe it,” he continued. “The judge said ‘Why aren’t you reacting?’ I said ‘Because it’s administrative detention so you can arrest me two minutes after releasing me’.”

While he was released without charge, Othman was required to pay 10,000 shekels ($2,716) bail for his release, an administrative technicality related to his initial detention for interrogation prior to his placement in administrative detention.

Officially, Israel has made no comment on the two cases and a spokesperson for the Israel Security Agency told The Media Line they were looking into the matter.

Magda Mughrabi, the Advocacy Officer at Addameer Prisoners Support and Human Rights Association, which represented Othman at some of his court hearings, argued Othman’s case exemplifies Israel’s use of administrative detention as a tactic to punish non-violent activism.

“Israeli is using detention as an arbitrary policy as opposed to something founded on strong evidence,” Magda Mughrabi, Advocacy Officer with Addameer Prisoners Support and Human Rights Association, told The Media Line. “Mohammad Othman wasn’t charged with anything.”

“Representatives of the British, Norwegian and German governments all attended the hearings and there was no substantiated evidence,” she claimed. “They issued an administrative detention order against him saying he posed a security threat to the area and his detention was necessary to neutralize the threat. Then later the judge said Mr Othman still poses a security threat but that there is no progress in his interrogation.”

“This is contradictory,” Mughrabi maintained. “Legally administrative detention can only be used for preventative purposes when there is information that there is an imminent threat to the security of the state. So if they say that his administrative detention should be shortened because there is no progress in the investigation that means they are not holding him for preventative purposes but as a substitute for prosecution because they don’t have evidence against him.”

“This is a war between the campaign and the Israeli authorities,” she added. “The human rights community has written a lot about the arbitrary use of administrative detention. It’s not used as a preventive measure but as a punitive measure when they don’t have enough evidence to prosecute someone.”

There are over 7,000 Palestinians currently held by Israel as ‘security prisoners’, around 290 of them administrative detainees and many of whom, Palestinians claim, have been arrested solely for political reasons.

Palestinian groups claim that Israel has arrested a number of non-violent activists in reprisal for their international advocacy efforts or involvement in demonstrations. Most notable has been the detention of dozens of Palestinian activists arrested in nighttime raids in the West Bank villages of Ni’ilin and Bil’in, the sites of weekly demonstrations against Israel’s separation barrier. Many of those arrested have been accused by Israel of incitement and put in administrative detention based on secret evidence. Very few have been charged.

Othman’s release came one day after Israel’s release of another prominent Palestinian activist, Jamal Juma.

The director of Stop the Wall, a Palestinian campaign opposed to Israel’s construction of a barrier around the West Bank, Juma was released Tuesday after being detained by the Israel Security Agency for 27 days without charge. Juma was arrested on December 16 less than 48 hours after being interviewed by The Media Line regarding the continued detention of Mohammad Othman.

Despite being a legal resident of Jerusalem entitled to legal rights similar to those afforded to Israeli citizens, Juma was processed in Israel’s military court system in the same legal procedures used by Israel for West Bank Palestinians like Mohammad Othman.

“This experience made it much clearer to me how much the non-violent Palestinian movement freaks them out,” Juma told The Media Line. “They see how our movement is opening the eyes of the world to the oppression of the Palestinians and they are determined to stop it but they don’t know what to do. They can’t call us terrorists so they bring people like me into jail without any real legal way to charge us.”

“They accused me of incitement and contact with terrorist organizations,” he said. “It’s so silly they even accused me of contact with the Zapatistas [laughing]. I told them ‘Do you think that when I meet 60,000 people at conferences I ask everyone there ‘Do you have a problem with Israel? Are you part of a terrorist organization?’ In the end they dropped it of course and didn’t charge me with anything at all because none of it made any sense.”

“I am only out of prison today because of international pressure, both official pressure from consulates and official bodies, as well as organizations around the world that don’t understand why Israel would arrest someone like me,” Juma said of the massive campaign launched by Palestinian activists for his release. “I really appreciate this level of solidarity.”

“You can’t imagine how much dehumanization there is in these jails,” he said of his detention. “I was interrogated constantly, put into isolation, put in a cell in which my head was in the door and my feet in the toilet. I was handcuffed for many hours, the cells are lit up 24 hours a day and the food is so bad you wouldn’t even give it to dogs.”

“They didn’t beat me or anyone I saw,” Juma added. “But this is a form of torture and the worst face of the occupation. Many prisoners almost lose their minds and all of this is done in shadow and nobody knows about it.”

Juma and other Palestinian advocates who have worked intimately with Othman say he was spurred to activism by the effect of the West Bank separation barrier on his family.

“Mohammad comes from a big and poor family in Jayyous village in the West Bank,” Juma said. “Lots of their land has been isolated behind the wall and he started his activism because of that, to show the threat the occupation presents to his family and his village.”

“He continued his activism both locally and internationally, calling on people and organizations and governments to boycott Israel for its crimes against the Palestinian people,” he said. “That’s why he became a target of the Israelis.”

The international boycott, divestment and sanctions movement against Israel is viewed as a serious national threat by most Israelis, many of whom see boycott advocacy as paramount to sedition, and a number of Israeli analysts argue that the threat posed to Israel justifies the arrest of its leaders.

“The demonization of Israel is a form of warfare and Israel is treating it as such,”

Dr Gerald Steinberg, Chair of Political Studies at Bar Ilan University told The Media Line. “Whether it’s through this so called boycott and sanctions campaign, or attempts to have Israeli leaders like Former Foreign Minister Tsipi Livni arrested in Britain, or International Criminal Court related activites, this kind of incitement is political warfare on par with military warfare in that the goal is to destroy the state of Israel.”

“As Prime Minister Netanyahu recently stated, demonization is as dangerous to the State of Israel as the Iranian nuclear threat,” he added. “That’s the broad view of the majority of Israelis.”

Dr Ron Breiman, the former chairman of Professors for a Strong Israel one of the founders of the secular Hatikva faction of the National Union, a right wing nationalist political party in Israel, echoed Dr Steinberg’s remarks.

“Israel needs to defend itself and should arrest people like this,” he told The Media Line at the time of Othman’s arrest. “In any normal country when someone is doing harm to his own state he would be punished for that. I don’t think a European country would allow such activities within her borders and we are too forgiving of it.”

“I want democracy and I want free speech,” Dr Breiman said. “But there are limits to free speech and even in a democratic country you cannot say anything that you want, especially in a state of war.”

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.