Israel / Occupied Palestinian Territory / The Netherlands: Attacks against Al-Haq's representative in Europe, Ms. Nada Kiswanson

URGENT APPEAL - THE OBSERVATORY

ISR 001 / 0816 / OBS 071

Threats/ Defamation

Israel / Occupied Palestinian Territory

/ TheNetherlands

August 11, 2016

The Observatory for the Protection of HumanRights Defenders, a partnership of FIDH and the World Organisation AgainstTorture (OMCT) requestsyour urgent intervention in thefollowing situation in Israel and theOccupied Palestinian Territory / The Netherlands.

Descriptionof the situation:

The Observatory has been informed by reliable sourcesabout ongoing, well-organised and serious attacks, including death threats,interference in communications, intimidation, harassment and defamation againstMs. Nada Kiswanson, a human rightslawyer based in the Hague, in the Netherlands, who represents Al-Haq in Europeand before the International Criminal Court (ICC). Al-Haq is a Palestiniannon-governmental organisation established in 1979 and dedicated to thepromotion and protection of human rights and the rule of law in the OccupiedPalestinian Territory.

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According to the information received, Ms.Kiswanson has been the subject of a sophisticated pattern of attacks sinceFebruary 2016. Ms. Kiswanson and her family have received frequent phone calls,emails and messages through other means that explicitly and indirectly threatenher life and security. In most instances, those delivering the threats haveidentified themselves by a single false name. However, in some instances Ms.Kiswanson and persons around her have been contacted by individuals impersonatingrepresentatives of intergovernmental and international organisations and aDutch ministry.

In the latest incident, in August 2016, Ms.Kiswanson received a message over an encryption program linked to a prepaidnumber stating that she was “not safe at all and hopefully this would remain”.This threatening message follows a serious incident in February 2016 when aclose family member of Ms. Kiswanson was told by a person who identifiedhimself by a false name that Ms.Kiswanson would be ‘’eliminated’’ should she not stop working. On otheroccasions in March 2016, Ms. Kiswanson was told that there was a great dangerover her and Al-Haq Director and FIDH Vice President Mr. Shawan Jabarin.And in July 2016 Ms. Kiswanson was contacted by the known source of the threatover the phone of a close family member in Jordan. In that threatening call shewas told that her whereabouts as well as her possible plans to travel toPalestine were known. She was also told that the source of the threat was readyto meet with her in Palestine.

In another attempt to undermine the credibilityof Al-Haq and Ms. Kiswanson, estimated thousands of fabricated flyers stamped with Al-Haq’s logo and stating Ms.Kiswanson’s personal details were handed out in her extended neighbourhood. Theflyers falsely described Al-Haq as an organisation associated with religiousendeavours in the Netherlands. The flyers also called for donations to beplaced at the home of Ms. Kiswanson.

The attacks against Ms.Kiswanson demonstrate a high level of technological sophistication coupled withglobal reach. Ms. Kiswanson has been contacted through channels in variousEuropean countries, in particular the Netherlands. The source of the threat hasalso managed to retrieve several prepaid numbers that should be untraceable.The attacks have also required financial backing.

Ms. Kiswanson has informedthe appropriate authorities in the Netherlands of the attacks against her and apolice investigation is ongoing.

The Observatory strongly condemns the coordinatedattacks against Ms. Kiswanson. These attacks aim at intimidating theorganisation that pressured the Palestinian Authority (PA) to join the ICC andthat submitted together with Al-Mezan Center for Human Rights, Aldameer and thePalestinian Center for Human Rights (PCHR) communications to the ICCProsecutor’s Office urging it to open an investigation.

In light of the continued attacks endured by Ms.Kiswanson, her family and members of Al-Haq, theObservatory urges all competent authorities in Israelto investigate the situation and to comply with the relevant internationalnorms and standards, including the UN Declaration on Human Rights Defenders, inorder to create an environment where human rights defenders can operate freely.The authorities in Israel should in particular refrain from making anydepreciating comments on human rights defenders and publicly support theimportant role played by human rights defenders, including those critical ofthe country’s human rights record.

The Observatory also urges the Dutch authoritiesto continue their investigation and to ensure that appropriate measures are putin place to protect human rights defenders in the Netherlands, in particular byissuing a public statement condemning these specific threats and all thoseagainst human rights defenders in the Netherlands (including those working onthe ICC) and by creating and putting in place a mechanism to protect NGOrepresentatives working in The Netherlands (including on the ICC).

Backgroundinformation[1]:

Since 2015,Al-Haq has been the target of an intense smear campaign and threats. Inparticular, a smear campaign based on the allegation that there was fraud andcorruption within Al-Haq was launched in September 2015. It was claimed thatthis allegation stemmed from within the consulting firm Ernst & Young andthe Palestinian Authority. Since then, the State of Palestine and Ernst &Young have confirmed that this allegation is false and unfounded.

On November23, 2015 and on February 10, 2016, Al Haq submitted together with Al-MezanCenter for Human Rights, Aldameer and the Palestinian Center for Human Rights(PCHR) communications to the ICC Prosecutor’s Office urging it to open aninvestigation.

At thebeginning of 2016, many of Al-Haq’s staff membersnoted unidentified interferences in their e-mails and mobile phones, and foundtheir accounts hacked. Al-Haq was also subjected to a series of cyber-attacksvia emails containing Trojan horse viruses. On several occasions, confidentialinformation was also circulated to staff, donors and partners.

In February2016, the level of attacks escalated, directly targeting Ms. Kiswanson andMr. Shawan Jabarin.

Theincreased attacks against Al-Haq coincide with progress achieved at the levelof the ICC and decisions at the EU level regarding the labelling of settlementproducts. As a result of such advances, several Israeli newspapers,organisations and institutions have attacked Al-Haq and sought to discredit theorganisation. Notably, the Israeli Minister of Justice has taken deliberatesteps towards ensuring that donors do not fund Al-Haq and defamed theorganisation[2].

Actions requested:

Please write to the authorities of Israel urging themto:

i. Guarantee in all circumstances the physical andpsychological integrity of Ms. Nada Kiswanson and Mr. Shawan Jabarin, as wellas all human rights defenders in Israel and the Occupied Palestinian Territory;

ii. Carry out an immediate,thorough, independent and impartial investigation into the above-mentionedevents, the result of which must be made public, in order to bring all thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law and in order toput an end to the harassment faced by Al-Haq members ;

iii. Comply with the provisions of the UN Declarationon Human Rights Defenders, adopted by the General Assembly on December 9, 1998,in particular Articles 1, 5(c), 6, 8.2, 9.3(a) and 12.2;

iv. More generally, ensure in all circumstances the respectfor human rights and fundamental freedoms throughout the OPT in accordance withinternational human rights instruments.

Addresses:

· Mr. Benjamin Netanyahu, Prime Minister ofIsrael, Office of the Prime Minister, 3 Kaplan St., PO Box 187, Kiryat Ben-Gurion,Jerusalem 91950, Israel. Fax: + 972 2 651 2631 /02-670-5475. Email: b.netanyahu@pmo.gov.il, pm_eng@pmo.gov.il

· Ms. Ayelet Shaked; Minister of Justice; Fax:02-6285438 E-mail: sar@justice.gov.il

· Mr. Benjamin Netanyahu, Minister of ForeignAffairs; Tel: 972-2-5303111; Fax: 972-2-5303367

· H.E. Ambassador Mr. EviatarManor, Permanent Mission of Israel to the United Nations inGeneva, Avenue de la Paix 1-3, 1202 Geneva, Switzerland. Fax: +41 22716 05 55. Email: mission-israel@geneva.mfa.gov.il

· H.E. Ambassador Simona Frankel; Embassy ofIsrael in Belgium and Luxembourg, Avenue de l'Observatoire 40, 1180 Brussels,Belgium; Fax: +32 2 373.56.17; Email: web@brussels.mfa.gov.il

Please also write to thediplomatic mission or embassy of Israel in your respective country.

***

Paris-Geneva, August 11, 2016

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

The Observatory, an FIDHand OMCT partnership, is dedicated to the protection of human rights defendersand aims to offer them concrete support in their time of need. FIDH and OMCTare both members of ProtectDefenders.eu, the European UnionHuman Rights Defenders Mechanism implemented by international civil society.

To contact the Observatory,call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 143 55 18 80

• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] See the Observatory Press release of March 4, 2016, and see unofficialtranslation by the Coalition for the ICC CICC) of an article published in theNRC Handelsblad, August 16, 2016:http://coalitionfortheicc.org/documents/Al-Haq_human_rights_activist_seriously_threatened_in_The_Netherlands_NRC2016.pdf

[2] See article in the Jerusalem Post, Shaked urges Europeans she meetsto quit funding pro-BDS groups, October 14, 2015: http://www.jpost.com/Israel-News/Politics-And-Diplomacy/Exclusive-Shaked-gives-European-ministers-lists-of-anti-Israel-NGOs-they-fund-424942