Israel/OPT
31.10.01
Urgent Interventions
Israel: upcoming hearing concerning the administrative detention of Mr. Abed al-Ahmar
Case ISR 180701.2
Follow-up of Case ISR 180701
Arbitrary detention/Fair trial/Risk of torture/Torture
Geneva, October 31st, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Israel.
New information
The International Secretariat of OMCT has been informed by the Palestinian Human Rights Monitoring Group (PHRMG) and the Public Committee Against Torture in Israel (PCATI), both members of the OMCT network, of the upcoming hearing concerning the administrative detention of Mr. Abed al-Ahmar in Israel.
According to the information received, a hearing at the Military Court in Megiddo is scheduled to take place on November 5th, 2001 concerning the extension of Mr. Abed al-Ahmar’s sixth month administrative detention. Mr. al-Ahmar, a PHRMG field researcher, was initially arrested on May 24th, 2001. On July 15th, 2001, an Israeli Military Judge, Adrian Agasi, issued a six-month administrative detention order against Abed al-Ahmar, on the basis of secret evidence submitted by the Israeli General Security Services (GSS). At the hearing, held at the Megiddo detention center, the evidence presented by Mr. al-Ahmar’s lawyers was reportedly not considered by the Judge.
According to the information received, during an intitial detention prior to the announcement of his six month administrative detention, Mr. al-Ahmar was reportedly subjected to torture, in particular to the “shabeh” torture method, which consists of being shackled in tight handcuffs to a slanting chair for the entire day (outlawed by the Israeli Supreme Court on September 6th, 1999). A petition against this use of torture, filed by Attorney Pacheco, acting for PHRMG and PCATI, was rejected in a hearing on June 12th, 2001, reportedly for lack of evidence.
According to the information received, Mr. al-Ahmar had already been held in administrative detention for two and a half years, prior to his release in 1998, and a procedure on allegations of torture that he initiated at that time is still pending against the GSS.
The International Secretariet of OMCT is gravely concerned for Mr. al-Ahmar’s physical and psychological integrity, due to reported use of torture during his detention, and OMCT fears that he will again be subjected to ill treatment and torture. Furthermore, OMCT objects against the potential ruling of the Military Court to prolong Mr. al-Ahmar’s administrative detention based on arbitrary and secret evidence submitted by the GSS, while also dismissing evidence used in his own defense. OMCT is also gravely concerned about Israel’s continuing use of torture, despite the ban imposed by the Israeli Supreme Court on September 6th, 1999, and the impunity enjoyed by the perpetrators of these acts.
Brief reminder of the situation
According to the information received, an appeal issued by Mr. Abed al-Ahmar’s lawyer against his six month administrative detention was rejected by Military Judge Yahav during a hearing held at the Megiddo detention center on August 22nd, 2001. It is there that Mr. al-Ahmar has been detained since July 2nd, 2001, having been arbitrarily arrested on May 24th, 2001. A previous appeal made by Mr. al-Ahmar’s lawyers concerning a previous extension to his detention period was rejected on June 22nd, 2001, under similar circumstances.
According to the information received, the rejection is solely based on evidence submitted by the GSS, the content of which has not been made public. Furthermore, Judge Yahav dismissed all the evidence presented by Mr. al-Ahmar’s lawyers. Judge Yahav also reportedly personally attacked Mr. Abed al-Ahmar during the proceedings, describing him as a "charlatan”.
Following Mr. al-Ahmar’s initial arrest on May 24th, his detention has been extended on numerous occasions despite multiple appeals on behalf of Mr. al-Ahmar’s lawyers, all of which were rejected. Following the last of these short term detentions, a six month administrative detention was ordered by a Military Comander on July 2nd, 2001, saving the GSS from having to present new evidence against him.
Action requested :
Please write to the authorities in Israel urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. 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: pm@pmo.gov.il or feedback@pmo.gov.il or rohm@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 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, October 31st, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case ISR 180701
Arbitrary detention/Fair trial/Risk of torture/Torture
Geneva, October 31st, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Israel.
New information
The International Secretariat of OMCT has been informed by the Palestinian Human Rights Monitoring Group (PHRMG) and the Public Committee Against Torture in Israel (PCATI), both members of the OMCT network, of the upcoming hearing concerning the administrative detention of Mr. Abed al-Ahmar in Israel.
According to the information received, a hearing at the Military Court in Megiddo is scheduled to take place on November 5th, 2001 concerning the extension of Mr. Abed al-Ahmar’s sixth month administrative detention. Mr. al-Ahmar, a PHRMG field researcher, was initially arrested on May 24th, 2001. On July 15th, 2001, an Israeli Military Judge, Adrian Agasi, issued a six-month administrative detention order against Abed al-Ahmar, on the basis of secret evidence submitted by the Israeli General Security Services (GSS). At the hearing, held at the Megiddo detention center, the evidence presented by Mr. al-Ahmar’s lawyers was reportedly not considered by the Judge.
According to the information received, during an intitial detention prior to the announcement of his six month administrative detention, Mr. al-Ahmar was reportedly subjected to torture, in particular to the “shabeh” torture method, which consists of being shackled in tight handcuffs to a slanting chair for the entire day (outlawed by the Israeli Supreme Court on September 6th, 1999). A petition against this use of torture, filed by Attorney Pacheco, acting for PHRMG and PCATI, was rejected in a hearing on June 12th, 2001, reportedly for lack of evidence.
According to the information received, Mr. al-Ahmar had already been held in administrative detention for two and a half years, prior to his release in 1998, and a procedure on allegations of torture that he initiated at that time is still pending against the GSS.
The International Secretariet of OMCT is gravely concerned for Mr. al-Ahmar’s physical and psychological integrity, due to reported use of torture during his detention, and OMCT fears that he will again be subjected to ill treatment and torture. Furthermore, OMCT objects against the potential ruling of the Military Court to prolong Mr. al-Ahmar’s administrative detention based on arbitrary and secret evidence submitted by the GSS, while also dismissing evidence used in his own defense. OMCT is also gravely concerned about Israel’s continuing use of torture, despite the ban imposed by the Israeli Supreme Court on September 6th, 1999, and the impunity enjoyed by the perpetrators of these acts.
Brief reminder of the situation
According to the information received, an appeal issued by Mr. Abed al-Ahmar’s lawyer against his six month administrative detention was rejected by Military Judge Yahav during a hearing held at the Megiddo detention center on August 22nd, 2001. It is there that Mr. al-Ahmar has been detained since July 2nd, 2001, having been arbitrarily arrested on May 24th, 2001. A previous appeal made by Mr. al-Ahmar’s lawyers concerning a previous extension to his detention period was rejected on June 22nd, 2001, under similar circumstances.
According to the information received, the rejection is solely based on evidence submitted by the GSS, the content of which has not been made public. Furthermore, Judge Yahav dismissed all the evidence presented by Mr. al-Ahmar’s lawyers. Judge Yahav also reportedly personally attacked Mr. Abed al-Ahmar during the proceedings, describing him as a "charlatan”.
Following Mr. al-Ahmar’s initial arrest on May 24th, his detention has been extended on numerous occasions despite multiple appeals on behalf of Mr. al-Ahmar’s lawyers, all of which were rejected. Following the last of these short term detentions, a six month administrative detention was ordered by a Military Comander on July 2nd, 2001, saving the GSS from having to present new evidence against him.
Action requested :
Please write to the authorities in Israel urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. 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: pm@pmo.gov.il or feedback@pmo.gov.il or rohm@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 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, October 31st, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.