Palestine
11.10.01
Urgent Interventions
Palestine: killing of three Palestinians, including one child, by the Palestinian Security Forces
Case PAL 111001/PAL 111001.CC
URGENT APPEAL/CHILD CONCERN
Extrajudicial killing/Freedom of assembly
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Autonomous Palestinian Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of the killing of three Palestinians, including one child, by the Palestinian Security Forces during a demonstration in the Gaza Strip, in the Autonomous Palestine Territories.
According to the information received, the Palestinian Security Forces opened fire upon demonstrators on October 9th, 2001, killing three persons, including one 14 year-old child, and injuring an estimated 44 others, in Gaza. Around 5,000 Palestinians had assembled to demonstrate against the US-led attacks in Afghanistan.
According to the information received, the demonstration began at the Islamic University in Gaza City and had moved around 300 metres, reaching the ath-Thlathini Crossin, when the Palestinian Security Forces barred the demonstrators from proceeding, and reportedly began firing at the assembled crowd. Reports indicate that there had not been any shots fired from the demonstrators' side. 14 year old Abdullah Mahammed Al Franji (a preparatory school student, from the as-Sabra neighbourhood, Gaza) and 21 year-old Yusef Aqel (a student at the Islamic University, from the Nussariat Refugee Camp) were killed by live bullet wounds to the head and chest respectively, with one other demonstrator, Haitham Tawfiq Abu Shamala, having been declared clinically dead upon arrival at the hospital, due to a bullet wound to the head.
This use of excessive force by the Palestinian Security Forces on a peaceful demonstration is a violation of international law. The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by consensus by the Eighth UN Congress on the Prevention of Crime and Treatment of offenders on 7 September 1990 sets out clear conditions when the use of force and firearms is permitted. Principle 9 states, "Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against imminent threat of death or serious injury…intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life". Principle 8 further states that, "Exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any departure from these basic principles."
According to the information received, the Palestinian Authority has ordered the closure of all universities in Gaza for one week and schools for one day. OMCT condemns this move and reminds the Palestinian Authority that Palestinian children have the right to an unobstructed education, particularly in light of the severe disruptions to the educational system in the wake of Israeli actions over the last 12 months.
OMCT deplores the excessive use of force by the Palestinian Security Forces on peaceful demonstrators. Furthermore, OMCT calls on the Palestinian Authorities to lift the ban currently imposed on demonstrations and to ensure that the educational institutions in the Gaza Strip remain open.
OMCT recalls that on April 5th 1995, the Palestinian Authority indicated its commitment to the promotion and protection of children’s rights by indicating its support for the Convention on the Rights of the Child. According to the Convention, every child has the inherent right to life (Article 6) and should enjoy the right to freedom of peaceful assembly (Article 15) and the right to education (Article 28).
Action requested
Please write to the authorities in the Autonomous Palestinian Territories urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee adequate compensation to the families of those killed and reparation to those that were injured;
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
· President Yasser Arafat, Palestinian Authority, Al-Muntada, Gaza, Palestinian Authority, Telegrams: President Arafat, Palestinian Authority, Gaza, Faxes:+ 972 8 282 2366 (when voice answers, please ask for fax tone)
· Mr Freih Abu Meddein, Minister of Justice, Ministry of Justice, Abu Khadra Building, Omar al-Mukhtar Street, Gaza, Palestinian Authority, Telegrams: Justice Minister, Palestinian Authority, Gaza, Faxes:+ 972 8 286 7109
· Mr Khaled al-Qidreh, Attorney General for the State Security Courts, Police Headquarters, Gaza, Palestinian Authority, Telegrams: Khaled al-Qidreh, Police Headquarters, Gaza, Palestinian Authority, Faxes: + 972 8 282 4253 (when voice answers, please ask for fax tone)
Please also write to the embassies of the Autonomous Palestinian Territories in your respective country.
Geneva, October 11, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
URGENT APPEAL/CHILD CONCERN
Extrajudicial killing/Freedom of assembly
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Autonomous Palestinian Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source of the killing of three Palestinians, including one child, by the Palestinian Security Forces during a demonstration in the Gaza Strip, in the Autonomous Palestine Territories.
According to the information received, the Palestinian Security Forces opened fire upon demonstrators on October 9th, 2001, killing three persons, including one 14 year-old child, and injuring an estimated 44 others, in Gaza. Around 5,000 Palestinians had assembled to demonstrate against the US-led attacks in Afghanistan.
According to the information received, the demonstration began at the Islamic University in Gaza City and had moved around 300 metres, reaching the ath-Thlathini Crossin, when the Palestinian Security Forces barred the demonstrators from proceeding, and reportedly began firing at the assembled crowd. Reports indicate that there had not been any shots fired from the demonstrators' side. 14 year old Abdullah Mahammed Al Franji (a preparatory school student, from the as-Sabra neighbourhood, Gaza) and 21 year-old Yusef Aqel (a student at the Islamic University, from the Nussariat Refugee Camp) were killed by live bullet wounds to the head and chest respectively, with one other demonstrator, Haitham Tawfiq Abu Shamala, having been declared clinically dead upon arrival at the hospital, due to a bullet wound to the head.
This use of excessive force by the Palestinian Security Forces on a peaceful demonstration is a violation of international law. The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by consensus by the Eighth UN Congress on the Prevention of Crime and Treatment of offenders on 7 September 1990 sets out clear conditions when the use of force and firearms is permitted. Principle 9 states, "Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against imminent threat of death or serious injury…intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life". Principle 8 further states that, "Exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any departure from these basic principles."
According to the information received, the Palestinian Authority has ordered the closure of all universities in Gaza for one week and schools for one day. OMCT condemns this move and reminds the Palestinian Authority that Palestinian children have the right to an unobstructed education, particularly in light of the severe disruptions to the educational system in the wake of Israeli actions over the last 12 months.
OMCT deplores the excessive use of force by the Palestinian Security Forces on peaceful demonstrators. Furthermore, OMCT calls on the Palestinian Authorities to lift the ban currently imposed on demonstrations and to ensure that the educational institutions in the Gaza Strip remain open.
OMCT recalls that on April 5th 1995, the Palestinian Authority indicated its commitment to the promotion and protection of children’s rights by indicating its support for the Convention on the Rights of the Child. According to the Convention, every child has the inherent right to life (Article 6) and should enjoy the right to freedom of peaceful assembly (Article 15) and the right to education (Article 28).
Action requested
Please write to the authorities in the Autonomous Palestinian Territories urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee adequate compensation to the families of those killed and reparation to those that were injured;
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
· President Yasser Arafat, Palestinian Authority, Al-Muntada, Gaza, Palestinian Authority, Telegrams: President Arafat, Palestinian Authority, Gaza, Faxes:+ 972 8 282 2366 (when voice answers, please ask for fax tone)
· Mr Freih Abu Meddein, Minister of Justice, Ministry of Justice, Abu Khadra Building, Omar al-Mukhtar Street, Gaza, Palestinian Authority, Telegrams: Justice Minister, Palestinian Authority, Gaza, Faxes:+ 972 8 286 7109
· Mr Khaled al-Qidreh, Attorney General for the State Security Courts, Police Headquarters, Gaza, Palestinian Authority, Telegrams: Khaled al-Qidreh, Police Headquarters, Gaza, Palestinian Authority, Faxes: + 972 8 282 4253 (when voice answers, please ask for fax tone)
Please also write to the embassies of the Autonomous Palestinian Territories in your respective country.
Geneva, October 11, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.