Israel/OPT
09.07.02
Urgent Interventions

Israel: Marwan Barghouti's incommunicado detention extended by 12 days

Case ISR 230502.2
Follow-up to case ISR 230502
Incommunicado detention / Fair trial / Risk of torture / Release

Geneva, July 9th, 2002

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel.

New information

The International Secretariat of OMCT has been informed by the Palestinian Society for the Protection of Human Rights and the Environment (LAW), a member of the OMCT network, that the detention of Palestinian Parliamentarian Marwan Barghouti has been extended by a further 12 days and that he has yet again been denied access to legal counselling.

According to the information received, on July 8th 2002, the military court at the Petah Tikva Detention Centre extended Mr. Barghouti’s sentence for a further 12 days. Mr. Barghouti – who was arrested April 13th, 2002 - was then transferred back to the Russian Compound (Moscobiya) detention and interrogation centre. Since his arrest he has reportedly been detained in solitary confinement, deprived of sleep for long periods of time, and been subjected to form of ill treatment, notably “position abuse”, which together constitute torture.

This is reportedly not the first time that the Israeli authorities have denied Mr Barghouti his right to legal counsel, having previously kept him in total isolation for numerous days. Given that Mr Barghouti was subjected to forms of ill-treatment that amount to torture during this time, OMCT once again fears for his physical and psychological integrity.

According to the information received, Mr. Ramzi Kobar, a LAW field worker, was released on June 9th, 2002, after having been arrested earlier the same day. This arrest is thought to have been conducted as an attempt by the Israeli authorities at the Petah Tikva Detention Centre to intimidate Mr. Barghouti’s defence team, notably his lawyer, LAW Director Mr. Khader Shkirat, who Mr. Kobar was accompanying at the time.

The International Secretariat of OMCT is gravely concerned about Mr. Marwan Barghouti’s physical and psychological integrity, and calls on the Israeli authorities to guarantee that he is not subjected to any form of ill-treatment or torture during his detention. OMCT also calls on the authorities to guarantee his right to have access to legal counsel. In addition, OMCT deplores Israel’s violation of Mr. Marwan Barghouti’s parliamentary immunity and calls for him to be released in the absence of valid legal charges. Furthermore, OMCT fears that Mr. Barghouti will not be granted adequate reparation following the human rights violations to which he has been subjected, which have already led to a marked deterioration in his health, and also fears that the perpetrators of these human rights violations will continue to enjoy impunity. More generally, OMCT is gravely concerned about the use of arbitrary arrests by the Israeli authorities and their use of cruel, inhuman and degrading treatment and torture on Palestinian prisoners.

Brief reminder of the situation

According to the information received, Mr. Barghouti was arrested in Ramallah on April 13th, 2002, by Israeli occupation forces and subsequently taken to the interrogation and detention centre at the Russian Compound (Moscobiya), where he was reportedly subjected to torture. As a result Mr. Barghouti had to be admitted to the prison’s clinic on May 20th, 2002, and now reportedly suffers from severe pain in his back and hands, a result of prolonged hours of “position abuse.” In addition Mr. Barghouti has been subjected to sleep deprivation, and has been kept in a solitary confinement. The Shin Bet officials have also reportedly threatened Mr. Barghouti with the execution of his son, who they claim is being held in Ashkelon prison. They have also reportedly threatened to discredit Mr. Barghouti by alleging that he is a terrorist and threatened to kill him, both politically and physically.

According to the information received, on June 9th, 2002, the Israeli General Security Service at the Petah Tikva Detention Center did not allow Mr. Marwan Barghouti to meet with his lawyer, Mr. Khader Shkirat, even though a scheduled appointment had been fixed.

According to the information received, Mr. Ramzi Kobar who had accompanied Mr. Shkirat, was arrested while waiting in the car and was taken for interrogation, without any valid explanation having been given for his arrest.

Action requested

Please write to the authorities in Israel urging them to:

· take all necessary measures to guarantee Mr. Marwan Barghouti’s physical and psychological integrity;
· intervene with the appropriate authorities in order to secure that he be allowed to meet with his legal representation;
· order his immediate release in the absence of valid legal charges or, if such charges exist, bring him promptly before an impartial and competent tribunal and guarantee his procedural rights at all times;
· order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee that Marwan Barghouti receives adequate reparation;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

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: webmaster@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
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411 Email: sar@moin.gov.il
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 35 06, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 675 96 48
· Chief Military Attorney, Brigadier Menahem Finkelstein, Lishkat HaPatzar, HaKirya, Tel Aviv, Fax : (+972 3) 569 43 70

Please also write to the embassies of Israel in your respective country.

Geneva, July 9th, 2002

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