Israel/OPT
06.11.02
Urgent Interventions

'Israel: Mr. Ramzi Kobar has been arbitrarily arrested and Mr. Marwan Barghouti has again been denied legal counselling

Case ISR 230502.1
Follow-up to case ISR 230502
Arbitrary arrest / Incommunicado detention / Risk of torture

Geneva, June 11th, 2002

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Palestine Occupied Territories.

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 Mr. Ramzi Kobar was arbitrarily arrested and that Palestinian Parliamentarian, Mr. Marwan Barghouti, has again been denied legal counselling.

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, a member of the Palestinian Legislative Council who was arrested on April 13th, 2002, to meet with his lawyer, Mr. Khader Shkirat, who is General Director of LAW. Mr. Shkirat had been scheduled to meet with Mr. Barghouti on June 9th, 2002 at 3:30 p.m., and this had reportedly been confirmed with the Petah Tikva Detention Center that same day at 10 am. However, when Mr. Shkirat arrived at the prison, he was told to wait because Mr. Barghouti was being interrogated. At 4:15p.m. Mr. Shkirat was informed that he would not be allowed to meet Mr. Barghouti since they considered that he was late for the appointment, despite the fact that he had been present at the scheduled time.

According to the report, Mr. Shkirat was in the process of filing a pre-petition to see Mr. Barghouti, when he saw members of the General Security Service searching his car. Mr. Shkirat returned to his vehicle, at which point the officers asked him for his keys and identity card. Mr. Shkirat noticed that Mr. Ramzi Kobar, a LAW field researcher who had accompanied him and had been waiting in the vehicle, was no longer there. Several minutes later, the officers reportedly told him that Mr. Ramzi Kobar had been arrested for interrogation and was being held in the Petah Tikva Detention Center.

According to the information received, this is 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 once again.

The International Secretariat of OMCT is gravely concerned about the arbitrary arrest of Ramzi Kobar and for his and Mr. Marwan Barghouti’s physical and psychological integrity, and calls on the Israeli authorities to guarantee that they are not subjected to any form of ill-treatment or torture during their detention. OMCT also calls on the authorities to guarantee their right to legal counsel. In addition, OMCT deplores Israel’s violation of Mr. Marwan Barghouti’s parliamentary immunity and calls for both detainees to be released in the absence of valid legal charges against them. 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.

Action requested

Please write to the authorities in Israel urging them to:

· take all necessary measures to guarantee Mr. Ramzi Kobar and Mr. Marwan Barghouti’s physical and psychological integrity;
· intervene with the appropriate authorities in order to secure that they be allowed to meet with their relatives and lawyers;
· order their immediate release in the absence of valid legal charges or, if such charges exist, bring them promptly before an impartial and competent tribunal and guarantee their 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) 651 2631/566 48 38
· 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 + 972 2 628 8618
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411
· 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
· Chief Military Attorney, Brigadier Menahem Finkelstein, Lishkat HaPatzar, HaKirya, Tel Aviv, Fax: (+972 3) 569 20 94

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

Geneva, June 11th, 2002

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