Israel: Arbitrary detention of Mr. Hassan Mustafa Hassan Zaka

ISR 001 / 0106 / OBS 007

Arbitrary detention / Fear of torture
Israel
January 19, 2006


The Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Israel.

Brief description of the situation :

The Observatory has been informed by the Public Committee Against Torture in Israel (PCATI) of the arbitrary arrest and detention of one of its field researcher, Mr. Hassan Mustafa Hassan Zaka.

According to the information received, on January 11, 2006, Mr. Hassan Zaka was arrested by the Israeli Defence Force (IDF) at a military checkpoint between Nablus and Tul Karem, in the Occupied Palestinian Territories. Immediately after his arrest, Mr. Zaka was taken to the Hawarah military detention centre, near Nablus. During a meeting with his lawyer, Mr. Zaka stated that he had been beaten by IDF agents at the time of his arrest.

On January 17, 2006, a six-month detention order was issued against Mr. Hassan Zaka by the IDF Regional Commander, for « endangering the security of the region ».

The Observatory expresses its deepest concern regarding Mr. Zaka’s detention, since, according to the Israeli law, the status of administrative detention denies all civil and political rights to detainees. Therefore, the authorities would not have to charge the prisoner, nor to bring him to trial. Moreover, an administrative detention is indefinitely renewable.

As a field researcher, Mr. Zaka collected medical information for PCATI and investigated into complaints of human rights violations perpetrated by Israeli security forces against Palestinians. In this regard, Mr. Zaka was also employed by Ansar Asajeen, a Palestinian organisation that provides legal aid to Palestinian prisoners.

The Observatory fears that Mr. Zaka may be arbitrarily detained because of his human rights activities.

The Observatory considers that Mr. Zaka’s detention is in flagrant violation of article 9 of the International Covenant on Civil and Political Rights, to which Israel is party, which states that “anyone who is arrested shall be informed, at the time of arrest, of the reasons of his arrest and shall be promptly informed of any charges against him” . They also contravene the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly on December 9, 1998, which guarantees every person’s right “to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” (article 1).

Action requested :

Please write to the authorities in Israel, urging them to :
i. guarantee in all circumstances the physical and psychological integrity of Mr. Hassan Mustafa Hassan Zaka, and in particular ensure that Mr. Zaka be not subjected to torture or other cruel, inhuman or degrading treatment or punishment during his detention;

ii. order the immediate and unconditional release of Mr. Hassan Mustafa Hassan Zaka, since his detention is arbitrary;

iii. comply with the provisions of the UN Declaration on Human Rights Defenders, in particular its above-mentioned article 1, and article 12(2), which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration” and article 1 mentioned above;

iv. more generally, ensure in all circumstances the respect for human rights and fundamental freedoms throughout the country and the Occupied Palestinian Territories in accordance with international human rights instruments ratified by Israel, including the International Covenant on Civil and Political Rights and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Addresses:

• Mr. Ehud Olmert, Acting Prime Minister, Office of the Prime Minister, 3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax: + 972 2 651 2631, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il
  
  
• Mr. Tzipi Livni, Minister of Justice, Fax: + 972 2 628 7757; + 972 2 628 8618
  
  
• Mr. Yair Lotstein, Legal Advisor to the Israeli Army in the West Bank, Fax: 972 2 997 7326
  
  
• Mr. Menahem Mazuz, Attorney General, Fax: + 972 2 627 4481; + 972 2 628 5438; + 972 2 530 3367
  
  
• Ambassador Itzhak Levanon, Permanent Mission of Israel to the United Nations in Geneva, Avenue de la Paix 1-3, CH-1202, Geneva, Switzerland, E-mail: mission-israel@geneva.mfa.gov.il, Fax: +41 22 716 05 55

Please also write to the diplomatic mission or embassy of Israel in your respective country.

***
Geneva - Paris, January 19, 2006

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29