Israel/OPT
23.01.01
Urgent Interventions
'Israel: Concern: Case ISR 251199 and four follow-up appeals.
Concern: Case ISR 251199 and four follow-up appeals.
In November 1999, the International Secretariat was informed by a reliable source of the arrest of Su’ad Hilmi Ghazal, aged 15, by Israeli soldiers on December 13 1998.
According to information from a reliable source, it appeared that she was arrested following a claim by a female settler from Shavei Shomron that Su’ad had tried to stab her. She was taken to Ramle prison where she was held incommunicado for 27 days, 17 of which were reportedly in solitary confinement.
After the first appeal circulated by OMCT there were several developments that were reported in the follow-up cases 1, 2, and 3, in which the same description was mentioned with the new elements added.
In the last follow-up we mentioned that Su’ad was finally sentenced to 6 ½ years in prison with 8 years of probation for the charge of stabbing an illegal settler. This sentence was disproportionate compared to other sentences passed on similar cases. Furthermore, it seemed that there were some important elements which seem not to have been considered by the court, particularly the young age of the perpetrator, her detention in solitary confinement and detention without trial for 2 years.
The use, for the first time, of the term ‘illegal’, provoked a reaction: “Your description of the stabbing victim as an "illegal settler" seems to me to be an attempt to delegitimize him as a human being and to depict him as someone in effect "deserving" of the crime perpetrated against him.”
Considering that in the first four versions, we did not use the term illegal, we issued a corrigendum recalling that the brief reminder of the situation should be read as it was written in the former version.
This provoked another reaction which pointed out that, by this corrigendum, OMCT was hiding an important element of the context of the situation, or even worse, considering that the settler could be ‘legal’.
In view of the conflict situation of Palestinians in the occupied territories, we felt it necessary to clarify our position.
i. the settlers in occupied territories are illegal under international law. The Fourth Geneva Convention, as recalled in several resolutions of the UN, prohibits the settlement by occupying forces in occupied territories, particularly when the settlements are part of a plan of annexation. The Palestinian occupied territories are not part of the Israeli territory and settlements are illegal. The fact that we mention it or not every time does not change the situation.
ii. The attempt to stab a settler is an attempt against a life, which can not be justified by the illegal situation of the victim. Only cases of legitimate defence could be invoked which it is not the case here. Subsequently, the perpetrator of such an act should be judged in accordance with the law.
iii. Any person charged of any crime should enjoy a fair trial. A juvenile perpetrator should be treated in conformity with international instruments, particularly the Convention on the Rights of the Child.
iv. The sentence should take all the elements into account, such as the age of the victim and the context in which the crime occurred. The fact that the victim’s attitude could have provoked directly or indirectly the violence does not justify the violence itself but should be considered when fixing the sentence.
v. Finally, the sentence should be proportionate to those passed on similar cases.
In conclusion, OMCT reiterates its protest against the excessive condemnation of Su’ad, against the fact that she was held in solitary confinement and not tried for two years, and against the fact that the court did not seem to take any measure with regards to these aspects of her detention.
The illegal situation of the victim, is an element of the context, but cannot be presented as a justification for the crime. The fact that OMCT, in order to avoid a misinterpretation, abstained from using this element in its first communications should not be considered as a recognition of Israeli settlement as legal.
In November 1999, the International Secretariat was informed by a reliable source of the arrest of Su’ad Hilmi Ghazal, aged 15, by Israeli soldiers on December 13 1998.
According to information from a reliable source, it appeared that she was arrested following a claim by a female settler from Shavei Shomron that Su’ad had tried to stab her. She was taken to Ramle prison where she was held incommunicado for 27 days, 17 of which were reportedly in solitary confinement.
After the first appeal circulated by OMCT there were several developments that were reported in the follow-up cases 1, 2, and 3, in which the same description was mentioned with the new elements added.
In the last follow-up we mentioned that Su’ad was finally sentenced to 6 ½ years in prison with 8 years of probation for the charge of stabbing an illegal settler. This sentence was disproportionate compared to other sentences passed on similar cases. Furthermore, it seemed that there were some important elements which seem not to have been considered by the court, particularly the young age of the perpetrator, her detention in solitary confinement and detention without trial for 2 years.
The use, for the first time, of the term ‘illegal’, provoked a reaction: “Your description of the stabbing victim as an "illegal settler" seems to me to be an attempt to delegitimize him as a human being and to depict him as someone in effect "deserving" of the crime perpetrated against him.”
Considering that in the first four versions, we did not use the term illegal, we issued a corrigendum recalling that the brief reminder of the situation should be read as it was written in the former version.
This provoked another reaction which pointed out that, by this corrigendum, OMCT was hiding an important element of the context of the situation, or even worse, considering that the settler could be ‘legal’.
In view of the conflict situation of Palestinians in the occupied territories, we felt it necessary to clarify our position.
i. the settlers in occupied territories are illegal under international law. The Fourth Geneva Convention, as recalled in several resolutions of the UN, prohibits the settlement by occupying forces in occupied territories, particularly when the settlements are part of a plan of annexation. The Palestinian occupied territories are not part of the Israeli territory and settlements are illegal. The fact that we mention it or not every time does not change the situation.
ii. The attempt to stab a settler is an attempt against a life, which can not be justified by the illegal situation of the victim. Only cases of legitimate defence could be invoked which it is not the case here. Subsequently, the perpetrator of such an act should be judged in accordance with the law.
iii. Any person charged of any crime should enjoy a fair trial. A juvenile perpetrator should be treated in conformity with international instruments, particularly the Convention on the Rights of the Child.
iv. The sentence should take all the elements into account, such as the age of the victim and the context in which the crime occurred. The fact that the victim’s attitude could have provoked directly or indirectly the violence does not justify the violence itself but should be considered when fixing the sentence.
v. Finally, the sentence should be proportionate to those passed on similar cases.
In conclusion, OMCT reiterates its protest against the excessive condemnation of Su’ad, against the fact that she was held in solitary confinement and not tried for two years, and against the fact that the court did not seem to take any measure with regards to these aspects of her detention.
The illegal situation of the victim, is an element of the context, but cannot be presented as a justification for the crime. The fact that OMCT, in order to avoid a misinterpretation, abstained from using this element in its first communications should not be considered as a recognition of Israeli settlement as legal.