Israel/OPT
05.12.01
Urgent Interventions
Israel: children victims of Israeli policy in the Palestinian Occupied Territories
Case ISR 051201.CC
CHILD CONCERN
Violation of the rights to life, to survival and to development
Cruel, inhuman and degrading treatment
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel.
Brief description of the situation
The International Secretariat of OMCT has been informed by Defence for Children International, Palestine section (DCI/PS), a member of the network of OMCT, that, on 4 December 2001, one Palestinian child was killed and tens were wounded as a result of an Israeli Air Force attack in the Gaza Strip. Another Palestinian child died after being denied access to medical treatment.
According to information provided to DCI/PS by physicians treating wounded children in Gaza and Khan Younis hospitals, 12-year-old Mohammed Ahmed Mahmud Abu Mursa, died after being struck by shrapnel in Gaza City. In addition, around 35-40 children from Gaza city and two from Khan Younis were hospitalized after being struck by shrapnel and flying debris when Israeli warplanes fired missiles into the Palestinian Authority's Force 17 and Preventive Security facilities in the Gaza Strip. The Israeli air attack took place in a populated area, at a time when the streets were filled with children returning home from school. These events are representative of the pattern of Israeli military practice since the outset of Intifada in September 2000. Several children have been killed or wounded as a result of Israeli attacks in the West Bank and Gaza Strip.
According to the information received, seven-month-old Tamer Quzmar from the village of Isbat Suleiman, near Qalqilya, also died when his parents were prohibited from passing through at least two Israeli army checkpoints while attempting to seek medical treatment for him. According to DCI/PS attorney Khaled Quzmar, Tamer's family tried for more than one hour to travel through the checkpoints that restrict access to Qalqilya. In spite of the fact that two of the adults travelling with the child possess Israeli identity cards, Israeli soldiers refused to allow their passage.
The International Secretariat of OMCT expresses its deep concern about the physical and psychological integrity of Palestinian children and considers that the use of lethal force by Israeli Defence Forces, by its excessive, disproportionate and indiscriminate nature, violated international law enforcement standards set up notably by the 1979 United Nations Code of Conduct of Law Enforcement Officials and the 1990 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. For the same reasons, the International Secretariat of OMCT deems that such practice is contrary to article 6 and 37 of the Convention on the Rights of the Child (CRC), which enshrine the rights to life and to protection from torture and other cruel, inhuman or degrading treatment.
Moreover, the International Secretariat of OMCT expresses its deep concern about Israel’s policy of closure which deprives individuals, including children, of their means of subsistence and livelihood, in particular of their access to health services. In the case of Tamer, this policy not only violated his right to health (art. 24 CRC), but also constituted, due to the severity of the situation, a breach of his rights to survival and development (art. 6 CRC) and to protection from torture and other cruel, inhuman or degrading treatment (art. 37 CRC). As recalled by the UN Committee against Torture in its Conclusions and Recommendations on the third periodic report of Israel (CAT/C/XVII/Concl.5, 23 November 2001), Israel’s policy of closure “may, in certain instances, amount to cruel, inhuman or degrading treatment or punishment”.
Action requested
Please write to the Israeli authorities urging them to:
i. ensure respect of the right to life and physical integrity to all Palestinian children by effectively prohibiting excessive, disproportionate or indiscriminate use of force;
ii. enforce the regulation on ensuring passage to those in need of medical attention;
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee adequate reparation to all victims and their families;
v. guarantee the respect of human rights and fundamental freedoms in accordance with national laws and international human rights standards, including the Convention on the Rights of the Child.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2)566 48 38 / 691 79 15 E-mail: pm@pmo.gov.il or feedback@pmo.gov.il
· Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax:(+ 972 2) 62 8 54 38 or Fax: ++ 972 2 628 8618 Email: sar@justice.gov.il
· Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax:(+972-3)691 69 40, e-mail: sar@mod.gov.il
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411 Email: sar@moin.gov.il
· Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax:(+ 972 2)582 67 69
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704 E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
· Uzi Landau, Minister of Internal Security, Ministry of Internal Security P.O Box 18182, 3 Sheirkh Jarrah, Kiryat Hamemshala jerusalem, 91181, Israel. Fax: (+ 972 2) 582 67 69, E-mail : sar@mops.gov.il
Please also write to the embassies of Israel in your respective country.
Geneva, 5 December 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
CHILD CONCERN
Violation of the rights to life, to survival and to development
Cruel, inhuman and degrading treatment
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel.
Brief description of the situation
The International Secretariat of OMCT has been informed by Defence for Children International, Palestine section (DCI/PS), a member of the network of OMCT, that, on 4 December 2001, one Palestinian child was killed and tens were wounded as a result of an Israeli Air Force attack in the Gaza Strip. Another Palestinian child died after being denied access to medical treatment.
According to information provided to DCI/PS by physicians treating wounded children in Gaza and Khan Younis hospitals, 12-year-old Mohammed Ahmed Mahmud Abu Mursa, died after being struck by shrapnel in Gaza City. In addition, around 35-40 children from Gaza city and two from Khan Younis were hospitalized after being struck by shrapnel and flying debris when Israeli warplanes fired missiles into the Palestinian Authority's Force 17 and Preventive Security facilities in the Gaza Strip. The Israeli air attack took place in a populated area, at a time when the streets were filled with children returning home from school. These events are representative of the pattern of Israeli military practice since the outset of Intifada in September 2000. Several children have been killed or wounded as a result of Israeli attacks in the West Bank and Gaza Strip.
According to the information received, seven-month-old Tamer Quzmar from the village of Isbat Suleiman, near Qalqilya, also died when his parents were prohibited from passing through at least two Israeli army checkpoints while attempting to seek medical treatment for him. According to DCI/PS attorney Khaled Quzmar, Tamer's family tried for more than one hour to travel through the checkpoints that restrict access to Qalqilya. In spite of the fact that two of the adults travelling with the child possess Israeli identity cards, Israeli soldiers refused to allow their passage.
The International Secretariat of OMCT expresses its deep concern about the physical and psychological integrity of Palestinian children and considers that the use of lethal force by Israeli Defence Forces, by its excessive, disproportionate and indiscriminate nature, violated international law enforcement standards set up notably by the 1979 United Nations Code of Conduct of Law Enforcement Officials and the 1990 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. For the same reasons, the International Secretariat of OMCT deems that such practice is contrary to article 6 and 37 of the Convention on the Rights of the Child (CRC), which enshrine the rights to life and to protection from torture and other cruel, inhuman or degrading treatment.
Moreover, the International Secretariat of OMCT expresses its deep concern about Israel’s policy of closure which deprives individuals, including children, of their means of subsistence and livelihood, in particular of their access to health services. In the case of Tamer, this policy not only violated his right to health (art. 24 CRC), but also constituted, due to the severity of the situation, a breach of his rights to survival and development (art. 6 CRC) and to protection from torture and other cruel, inhuman or degrading treatment (art. 37 CRC). As recalled by the UN Committee against Torture in its Conclusions and Recommendations on the third periodic report of Israel (CAT/C/XVII/Concl.5, 23 November 2001), Israel’s policy of closure “may, in certain instances, amount to cruel, inhuman or degrading treatment or punishment”.
Action requested
Please write to the Israeli authorities urging them to:
i. ensure respect of the right to life and physical integrity to all Palestinian children by effectively prohibiting excessive, disproportionate or indiscriminate use of force;
ii. enforce the regulation on ensuring passage to those in need of medical attention;
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee adequate reparation to all victims and their families;
v. guarantee the respect of human rights and fundamental freedoms in accordance with national laws and international human rights standards, including the Convention on the Rights of the Child.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2)566 48 38 / 691 79 15 E-mail: pm@pmo.gov.il or feedback@pmo.gov.il
· Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax:(+ 972 2) 62 8 54 38 or Fax: ++ 972 2 628 8618 Email: sar@justice.gov.il
· Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax:(+972-3)691 69 40, e-mail: sar@mod.gov.il
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411 Email: sar@moin.gov.il
· Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax:(+ 972 2)582 67 69
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704 E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
· Uzi Landau, Minister of Internal Security, Ministry of Internal Security P.O Box 18182, 3 Sheirkh Jarrah, Kiryat Hamemshala jerusalem, 91181, Israel. Fax: (+ 972 2) 582 67 69, E-mail : sar@mops.gov.il
Please also write to the embassies of Israel in your respective country.
Geneva, 5 December 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.