Israel/OPT
28.09.01
Urgent Interventions

Press release: One Year After the Beginning of the Al-Aqsa Intifada, OMCT Expresses its Deep Concern Regarding the Deteriorating Human Rights Situation in Israel and the Occupied Palestinian Territories

Geneva, 28 September 2001



PRESS RELEASE
THE WORLD ORGANISATION AGAINST TORTURE (OMCT)




One Year After the Beginning of the Al-Aqsa Intifada, OMCT Expresses its Deep Concern Regarding the Deteriorating Human Rights Situation in Israel and the Occupied Palestinian Territories


Since September 2000, the beginning of the so called Al-Aqsa intifada, human rights violations have been on the increase and have attained unprecedented severity in Israel and the Occupied Palestinian Territories. For twelve months now, OMCT has regularly been denouncing human rights violations perpetrated by both sides involved in the confrontation, in the international forum, within the framework of the Barcelona Process, as well as through urgent interventions.

Torture has been used by both sides throughout the year, most notably by the Israeli General Security Services (GSS) during the interrogation of Palestinian detainees and by the Palestinian Authorities during the interrogation of Palestinians suspected of collaborating with Israel.

Concerning Israel, the most prevalent forms of torture, which are usually used in combination, and this despite the High Court of Justice’s ruling of September 1999 making the use of torture illegal, include: sleep deprivation; shackling to a chair in painful positions; beating, slapping and kicking; threats, curses and insults - and more rarely – contorting the body into extremely painful positions; intentional tightening of handcuffs; treading on shackles; forcing the detainee to squat for lengthy periods of time (known as «qambaz»); suffocation; exposure to extreme heat and cold; prolonged and continuous exposure to artificial light and detention in inhumane conditions. Hundreds of Palestinians have been arbitrarily arrested and detained incommunicado for lengthy periods, with dozens of persons having been subjected to interrogation and torture every month, during the last year. It is worth noting that no GSS interrogator has thus far been criminally charged and brought to justice, and that the High Court ruling has failed to eradicate the use of torture in Israel.

Concerning the Palestinian National Authority, many Palestinians have been arrested under the suspicion of being collaborators with Israel. Some of these persons have been tried in State Security Courts, often leading to death sentences, with two resultant executions already having taken place in January 2001. The evidence presented during the trials is reportedly based mainly on statements extracted during interrogation. It is thought that the Palestinian National Authority uses torture to extract confessions, as there have been deaths reported during the interrogation process.

About 600 Palestinian children, mostly 14-17 years old, from the West Bank, Jerusalem and the Gaza Strip, have been arrested by the Israeli Security Forces. As a matter of routine, children have been arrested, inter alia, by officers wearing balaclavas or with their faces blackened, in the middle of the night and taken directly from their beds to the interrogation room. The majority of them were accused of stone throwing. Of those arrested, dozens have been subject to torture or ill-treatment during arrest, interrogation, detention and imprisonment. Humiliation, insults, curses and threats (death threats, threats of the use of electric shocks, threats of a sexual nature and threats related to family members) have been used to put children under psychological pressure. They have also been forced to hear the screams of other children being beaten. About 160 Palestinian children are currently being held in detention centres and prisons throughout Israel and the Occupied Palestinian Territories. Conditions of detention are harsh and children are at risk of severe abuse. Children from Jerusalem are detained with adult criminals, resulting in a number of situations where the children’s physical and mental integrity has been threatened. There have been reports of attempted rape, sexual and other forms of harassment, theft of personal belongings, threats and constant physical and psychological violence. Children complained about beatings, being injured with razors, having their food and clothes stolen or being scalded with boiling water. The use of isolation against Palestinian children remains common in prisons under administrative control of the Israel Prison Authority. Children have reported about being held in solitary confinement in tiny, dark, dirty, foul-smelling cells with open toilets.

The situation of the Palestinian political female prisoners in Israeli prisons is also a factor of concern. No more than 4 days ago, OMCT received information about Palestinian women in the Tirtza prison who have been severely beaten by the police and wardens and put in isolation cells. OMCT fears that since the beginning of the Al-Aqsa Intifada, the situation of women in the female prison of Tirtza has seriously deteriorated.

Excessive, disproportionate, and indiscriminate lethal force has been used by Israel, and violence has been perpetrated by settlers, whose illegal presence in the occupied territories has been repeatedly condemned by the international community. According to reports, around 680 Palestinians have been killed since last September, with most of them being civilians. In addition, according to the Palestinian Red Crescent Society, more than 15’000 Palestinians have been injured during this time.

A total of 30 Palestinians, including two police officers, and a further 16 bystanders have been extra-judicially killed in Israeli state-sanctioned assassinations since the beginning of the intifada, typically through the use of Israeli sniper fire, missiles fired from helicopter gunships, tank-fire and bombs planted in cars and telephone booths. Moreover, the Palestinian National Authority has failed to address the extra-judicial killing of about 20 Palestinians suspected of being collaborators through a lack of investigation of persons responsible for the killing.

Restrictions on the freedom of movement imposed on the Palestinian population of the Palestinian Occupied Territories, as well as destructions of Palestinian property constitute the principal factors leading to violations of the economic, social and cultural rights of the Palestinian population. The discriminatory nature of these policies, as well as their failure to respect both principles of proportionality and necessity, highlight their illegality. The nature of these actions, their timing and indiscriminate nature, as well as their destructive consequences raise serious and well-founded doubts about whether they are strictly required, as Israel pretends, by the security situation. It rather indicates that they constitute a form of collective punishment against the whole Palestinian population of the Palestinian Occupied Territories, prohibited by article 33 of the Fourth Geneva Convention.

Because of the nature of their work, the current situation is having an important impact on the activities of human rights defenders in Israel and the Palestinian Occupied Territories. Restrictions on the freedom of movement have severely affected several Palestinian organizations working in the Palestinian Occupied Territories. For instance, representatives of the Palestinian Society for the Protection of Human Rights and the Environment (LAW), the Al-Mezan Center for Human Rights and of the Palestinian Centre for Human Rights (PCHR) were prevented by Israel from flying abroad to attend international conferences. Researchers travelling in and out of the Palestinian Occupied Territories have been detained by the Palestinian National Authority and by the Israeli Security Forces, in what seems to be an attempt to control the flow of information, in violation of the freedom of expression.

Whereas the Palestinian citizens of Israel – a minority of over 1,000,000 – were already discriminated against by Israel in areas such as land, health, access to basic services, education, employment planning and budget allocations, there is a high risk that their precarious situation may deteriorate further. Concerns for State security have always constituted an important rationale underpinning Israel’s treatment of and discrimination against its Palestinian citizens, be it in the allocation of land, the issue of unrecognised villages, funding and budget allocation. While it remains difficult to evaluate the impact of the last twelve months on the situation of the Palestinians inside Israel, a rise in the security concerns, given the roots of Israeli discriminatory policies, does not augur well for any positive development.

Since last September, there is also an increasing number of indiscriminate bombing attacks within the territory of Israel. The victims of such attacks have mostly been civilians, in violations of basic principles of human rights and humanitarian law. In the light of the increasing number of desperate Palestinian individuals who are determined to give up their lives in such actions, OMCT is afraid that the Palestinian National Authority is failing to exercise due diligence, in accordance with human rights standards, to prevent such attacks from taking place. While OMCT strongly condemns these attacks, these acts cannot, under any circumstance, be a justification of the policy pursued by Israel. In this regard, OMCT recalls that the security argument has been soundly rejected throughout the UN human rights system as a justification for human rights violation.

Beyond the human rights tragedy, the current situation and the failure of the international community to held Israel accountable for its human rights violations poses a serious threat to the whole human rights system.

Human rights concerns have remained marginal to the Oslo Peace Process. Their exclusion from the negotiations, as well as the ongoing violations of the human rights of the Palestinians, including the right to self-determination, lie at the origin of the upsurge of the Al-Aqsa Intifada. Israel retains control of over 60% of land in the Occupied Palestinian Territory. Palestinians are deprived control and access to their own land, water and other resources through land seizure, house demolition and restrictions on social and economic development. Since last September, human rights concerns have once again been ignored in the different attempts to resolve the crisis.

The lack of political will of the international community regarding the past and current situation that involves gross and repeated human rights violations by both parties is unacceptable. Whereas the situation of human rights in the Palestinian Occupied Territories and in Israel has been regularly condemned by international and regional human rights mechanisms, no concrete steps have been taken to put an end the violations and the impunity surrounding them.

Both International Covenants, which form part of the International Bill of Rights, recognise that the full enjoyment of civil, political, economic, social and cultural rights remains illusory as long as the right to self-determination is not guaranteed. Israel, as a member of the international community and as a State party to major human rights and humanitarian law instruments, cannot be exempted from being held accountable for its actions and policies.

However, Israel has acted with impunity throughout its occupation. Rather than seeking to contain its actions, Israel refuses to recognise the de jure applicability of human rights and humanitarian standards, defying established laws and precedents. Impunity from liability arising from grave breaches of international law lies at the heart of Israel’s policies of abuse against Palestinians on both sides of the Green Line. While impunity encourages Israel in its attitude of disregard for international standards, it also poses a direct threat to the credibility of the whole human rights system, as it clearly shows that human rights law is not applied in an impartial manner and that a State responsible for widespread and ongoing human rights violations can be exempted from responsibilities under this set of rules.

The resolution of the current crisis, as well as further peace negotiations requires the full integration of human rights concerns, including civil and political rights, but also economic, social and cultural rights, the right to self-determination and the right of return. The past and present denial of human rights in the region only fuels the cycle of violence and tarnishes future hopes of finding a peaceful solution to the crisis.

A year after the beginning of the Al-Aqsa Intifada, it is the time for Israel, the International Community, including the European Union and its commitments undertaken within the Barcelona Process, and the Palestinian National Authority to fully recognise the value of human rights for the resolution of the current situation, and act in accordance with their international and regional human rights and humanitarian law obligations.


For further information, please contact:

Michael Anthony and Nathalie Mivelaz
The World Organisation Against Torture (OMCT)
Tel.: ++41 22 809 49 39
Fax: ++41 22 809 49 29
E-mail: omct@omct.org


OMCT publications and Urgent Appeals on Israel and the Palestinian National Authority since September 28th 2000 (can be consulted on OMCT’s website: www.omct.org)

Publications:
- OMCT, Human Rights in the Euro-Mediterranean Region and the Barcelona Process, 2000
- OMCT, Israel and the Occupied Territories: Restrictions of Movement and Violations of Economic, Social and Cultural Rights, 2001
- OMCT, Position Paper for the 2001 Commission on Human Rights, 2001

Urgent Appeals:
- OMCT, Israel: Torture ans Ill-Treatment of Women Detainees, Case ISR 240901.VAW/CC
- OMCT, Palestine: Death in Detention of 38 year-old Mr. Suleiman Qweidh Mohammed Abu Arma, Case PAL 230801
- OMCT, Israel: Torture and Excessive Sentence Imposed on a Child, Urgent Appeal, Case ISR 230701.CC
- OMCT, Israel: Rejection of the Appeal Against the Administrative Detention of Mr. Abel al-Ahmar, Urgent Appeal, Case ISR 180701.1
- OMCT, Israel: Six Months of Administrative Detention for Mr. Al-Ahmar, Urgent Appeal, Case ISR 180701
- OMCT, Israel: Release of Mr. Al-Rahman, Urgent Appeal Case ISR 120701
- OMCT, Israel: Arbitrary Arrest, Incommunicado Detention and Torture of Mr. Al-Rahman, Case ISR 060701
- OMCT, Israel: Destruction of Houses and Property by Israeli Defence Forces, Case ISR 060701.ESCRC
- OMCT, Israel: Palestinian Children Still Being Tortured in Israeli Prisons, Case ISR 030701.CC
- OMCT, Israel: Arbitrary Arrest and Incommunicado Detention of Mr. Daasi Ibrahim Abed Elashi, Case ISR 290501
- OMCT, Israel: Arrest and Incommunicado Detention of Mr. Tarek Awad, Case ISR 080501
- OMCT, Israel: Solitary Confinement of a 17-Year Old Girl, Case ISR 270401.CC
- OMCT, Israel: Fear for the Integrity of Political Prisoner Mr. Nasser Abu Khder, Case ISR 060401
- OMCT, Israel: Illegal Arrest, Detention and Torture of over 300 Palestinian Children, Case 050401.CC
- OMCT, Palestine: Lawyer Arrested and Held Incommunicado, Case PAL 050401
- OMCT, Israel: Possible Use of Illegal Interrogation Methods by the General Security Services, Case ISR 270301
- OMCT, Israel: Illegal Methods of Interrogation, Case ISR 190301
- OMCT, Israel: Use of Illegal Methods of Interrogation by General Security Services (GSS) interrogators, Case ISR 190301
- OMCT, Israel: Intensified Closure of the Occupied Territories and Increased Violations of the Economic, Social and Cultural Rights of the Palestinian Population, Case ISR 130301.ESCRC
- OMCT, Israel: Palestinian Occupied Territories: Civilian Killed and Injured, Case ISR 070301
- OMCT, Palestine: Palestine Autonomous Areas: Death in Detention, Case PAL 020301
- OMCT, Israel: 17 Year-Old Girl Sentenced to six and a half years in prison, Case ISR 230101.CC
- OMCT, Israel: Torture of three Palestinian Detainees, Case ISR 230101
- OMCT, Israel: Allegations of Torture In Israel Prisons, Case ISR 011200
- OMCT, Israel/Palestinian Autonomous Areas: Over 20 Palestinian Children Have Been Killed, Case ISR 101000
- OMCT, Israel: Further Killing of Palestinian Including Children, Case ISR 101000
- OMCT, Israel: Detailed List of Deaths and Injuries Caused to Palestinians, including Children, by Israeli Forces, Case ISR 061000
- OMCT, Israel: Israeli Forces have Continued to Use Live Ammunition for a Fourth Day to Disperse Demonstrators, Case ISR 031000
- OMCT, Israel: OMCT’s Grave Concern over Use of Excessive Force by Israeli Soldiers, Case ISR 02100