Israel/OPT
02.04.04
Urgent Interventions

Israel: ongoing ill treatment of two political detainees, Mr. Mohammed Kannaneh and Mr. Majed Kannaneh

Case ISR 020404
Ill treatment

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

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source of the detention in conditions that constitute ill treatment of two political detainees, Mr. Mohammed Kannaneh and Mr. Majed Kannaneh, who have now begun a hunger strike.

According to the information received, on 31 March 2004, the Haifa District Court denied motions filed on behalf of two political detainees against the warden of the Kishon Detention Center (also known as "Jalameh"), the Israeli Police, and the General Security Service (GSS) requesting their immediate transfer to another Prison Service facility, as well as the improvement of detention conditions in the GSS cell block, enabling it to meet domestic law and international standards for the treatment of prisoners.

The two detainees - Mr. Mohammed Kannaneh, aged 38, the General Secretary of Abna al-Balad (an extra-parliamentary political movement) and Mr. Majed Kannaneh, aged 33, both Arab citizens of Israel from Arrabeh in the Galilee - have been detained under cruel, inhuman, and degrading conditions in GSS cell blocks for 54 days. They were arrested on 7 February 2004. They were detained without charge; prevented from meeting with their attorneys for 21 days; and subjected to intensive interrogation by the GSS, which included sleep deprivation, painful handcuffing to a chair, and other illegal methods of investigation. They were indicted on 4 March 2004 for alleged security offences.

Since they were indicted, they have been held at the GSS cell block of the Kishon Detention Center in crowded holding cells (3m x 3m for 6 people), without windows, for 24 hours a day. They are denied their rights as protected by law to: leave the cell for any daily exercise; receive any visits from family members; send or receive letters; contact their family or their attorneys by telephone; receive or to hold any books and newspapers; possess a radio, pens and paper; receive basic hygienic supplies such as toothbrushes and toothpaste; have a daily shower; and sleep on a bed. They are forced to sleep on mattresses on the floor of their holding cell using dirty blankets supplied by the Detention Center. Toilet facilities are inside of the cell without any separation, providing no privacy to users or to the others held in the cell. After the Detention Center ignored previous court judgments ordering it to implement the minimum rights and conditions as provided by law, Mr. Mohammed Kannaneh and Mr. Majed Kannaneh, began a hunger strike in protest on 28 March, 2004.

It must be emphasized that the Haifa District Court refused to issue a temporary transfer order or to schedule an urgent hearing, although (1) the State Attorney admitted to some of the facts as presented in a petition presented by their legal representation and did not deny the rest; (2) none of the respondents committed to a specific date for the transfer of the detainees; and (3) none of the respondents committed to changing any of the detainees' conditions of detention in the GSS cell block. As a result, Mr. Mohammed Kannaneh and Mr. Majed Kannaneh remain in the GSS cell block under the same cruel, inhuman, and degrading conditions, possibly for the next two weeks, with no immediate legal remedy.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Mohammed Kannaneh and Mr. Majed Kannaneh as they continue to be detained in conditions that constitute ill treatment, and have now gone on hunger strike in protest. OMCT calls on the authorities to: take all measures necessary to guarantee their physical and psychological integrity, including transferring them immediately from the GSS block to another facility with conditions that meet international standards; bring them before an impartial and competent tribunal and guarantee their procedural rights at all times; guarantee that the detainees are granted access to family visits; order a thorough and impartial investigation into the circumstances of these arrests and subsequent ill treatment, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law; and guarantee that adequate reparation is provided to the victims.

Action requested

Please write to the authorities in Israel urging them to:

i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Mohammed Kannaneh and Mr. Majed Kannaneh, including transferring them immediately from the GSS block to another facility with conditions that meet international standards;
ii. guarantee that the detainees are granted access to family visits;
iii. bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of these arrests and subsequent ill treatment, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee that adequate reparation is provided to the victims of these abuses;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· Prime Minister, Ariel Sharon, Office of the Prime Minister, 3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel, Fax: +972 2 6512631/6705475, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il
· Minister of Justice, Yosef Lapid, 29 Salah al-Din Street, Jerusalem 91010, Israel, Fax : +972-2-675-3764 / 628 5438, E-mail: sar@justice.gov.il
· Minister of Internal Security, Tzachi Hanegbi, Fax: +972-2-581-1832
· Attorney General, Menachem Mazuz, Fax: +972-2-627-4481
· State Attorney for the Haifa District, Shunit Segal, Advocate, Fax: +972-4-863-3918
· Deputy Warden of the Kishon Detention Center, Oded Sa'ar, Fax: +972-4-903-9403
· Ambassador Yaakov Levy, Av. de la Paix 1-3, CH-1202, Genève, Suisse, E-mail: mission-israel@geneva.mfa.gov.il, Fax: +4122 716 05 55

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

Geneva, April 2nd, 2004

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