Israel/OPT
23.04.04
Urgent Interventions
Israel: Jonathan Ben Artzi sentenced to another 2 months in prison
PRESS RELEASE
Israel: Jonathan Ben Artzi sentenced to another 2 months in prison, after being recognized a « pacifist ».
Paris, Geneva – April 23, 2004
The Observatory for the Protection of Human Rights Defenders, a joint program of FIDH and OMCT, is deeply concern over the conviction of Jonathan Ben Artzi to another two months in prison after refusing to serve in the Israeli army.
Yesterday, more than a year after Mr. Artzi was first brought before the court martial, the military court in Jaffa rendered its final verdict in his trial.
The Observatory recalls that Jonathan Ben Artzi was considered a pacifist in the first verdict issued by the same court in November 2003, after he had already spent 18 months in detention. Nevertheless, the court held Mr. Artzi guilty for refusing to obey an order to enlist and asked the Military Conscience Committee to reconvene to examine his case once again. The Committee then decided, in February 2004, to discharge him from the army, on the basis that he was « unfit, due to lack of motivation » but did not acknowledge that Mr. Artzi was a« pacifist » .
On April 21, 2004, Mr. Artzi was sentenced to another two months in prison, and a fine of 2000 NIS. The verdict stipulated that if he did not pay the fine, he would spend another two months in prison. Jonathan Ben Artzi has already declared that he would not « buy his freedom from the army ». Mr. Artzi and his lawyer have decided to appeal both the conviction and the sentence to the High Military Court of Appeal.
The U.N. Working Group on Arbitrary Detention stated in its final Opinion n° 24/2003 (Israel) concerning cases submitted by the Observatory last May 2003, that although at present time the rejection by a state of the right to conscientious objection cannot be considered incompatible with international law, the repeated penalties imposed on Matan Kaminer, Adam Maor, Noam Bahat and Jonathan Ben Artzi were arbitrary. Referring to the fact that the four above mentioned individuals have served more than one disciplinary measure for refusing to obey military orders, the U.N. Working Group stated that “the repeated penalties for the disobedience to serve in the military are not compatible with the principle of non bis in idem, as born out by article 14-7 of the International Covenant on Civil and Political Rights (ICCPR), which states that no one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted.
The Observatory for the Protection of Human Rights Defenders calls on the Israeli military authorities to adjust to the opinion of the UN Working on Arbitrary Detention and to discharge Jonathan Ben Artzi.
The Observatory urges Israeli authorities to:
- release the conscientious objectors that are currently arbitrarily detained;
- recognize the right to conscientious objection as a legitimate exercise of the right to freedom of thought, conscience and religion as contained in article 18 of the International Covenant for Civil and Political Rights and to establish an independent and impartial committee in charge of examining the cases;
- conform with the provisions of the Universal Declaration on Human Rights and the UN Declaration on Human Rights Defenders (1998).
For more information, please contact :
FIDH: 00 33 1 43 55 25 18 - OMCT: 00 41 22 809 49 24
Israel: Jonathan Ben Artzi sentenced to another 2 months in prison, after being recognized a « pacifist ».
Paris, Geneva – April 23, 2004
The Observatory for the Protection of Human Rights Defenders, a joint program of FIDH and OMCT, is deeply concern over the conviction of Jonathan Ben Artzi to another two months in prison after refusing to serve in the Israeli army.
Yesterday, more than a year after Mr. Artzi was first brought before the court martial, the military court in Jaffa rendered its final verdict in his trial.
The Observatory recalls that Jonathan Ben Artzi was considered a pacifist in the first verdict issued by the same court in November 2003, after he had already spent 18 months in detention. Nevertheless, the court held Mr. Artzi guilty for refusing to obey an order to enlist and asked the Military Conscience Committee to reconvene to examine his case once again. The Committee then decided, in February 2004, to discharge him from the army, on the basis that he was « unfit, due to lack of motivation » but did not acknowledge that Mr. Artzi was a« pacifist » .
On April 21, 2004, Mr. Artzi was sentenced to another two months in prison, and a fine of 2000 NIS. The verdict stipulated that if he did not pay the fine, he would spend another two months in prison. Jonathan Ben Artzi has already declared that he would not « buy his freedom from the army ». Mr. Artzi and his lawyer have decided to appeal both the conviction and the sentence to the High Military Court of Appeal.
The U.N. Working Group on Arbitrary Detention stated in its final Opinion n° 24/2003 (Israel) concerning cases submitted by the Observatory last May 2003, that although at present time the rejection by a state of the right to conscientious objection cannot be considered incompatible with international law, the repeated penalties imposed on Matan Kaminer, Adam Maor, Noam Bahat and Jonathan Ben Artzi were arbitrary. Referring to the fact that the four above mentioned individuals have served more than one disciplinary measure for refusing to obey military orders, the U.N. Working Group stated that “the repeated penalties for the disobedience to serve in the military are not compatible with the principle of non bis in idem, as born out by article 14-7 of the International Covenant on Civil and Political Rights (ICCPR), which states that no one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted.
The Observatory for the Protection of Human Rights Defenders calls on the Israeli military authorities to adjust to the opinion of the UN Working on Arbitrary Detention and to discharge Jonathan Ben Artzi.
The Observatory urges Israeli authorities to:
- release the conscientious objectors that are currently arbitrarily detained;
- recognize the right to conscientious objection as a legitimate exercise of the right to freedom of thought, conscience and religion as contained in article 18 of the International Covenant for Civil and Political Rights and to establish an independent and impartial committee in charge of examining the cases;
- conform with the provisions of the Universal Declaration on Human Rights and the UN Declaration on Human Rights Defenders (1998).
For more information, please contact :
FIDH: 00 33 1 43 55 25 18 - OMCT: 00 41 22 809 49 24