ISR 001 / 0918 / OBS 110
Arbitrary detention / Harassment /

Physicalassault /

Restrictionsto freedom of expression

Israel
September 6, 2018

The Observatory for the Protection of Human Rights Defenders, a jointpartnership of FIDH and the World Organisation Against Torture (OMCT), requestsyour urgent intervention in the following situation in Israel.

Description of the situation:

TheObservatory has been informed by reliable sources about several recentincidents targeting anti occupation groups, including the arbitrary detentionof Mr. Avner Gvaryahu, Executive Director of the Israeli anti-occupationorganisation Breaking the Silence[1],and Mr. Achiya Schatz, Communications Director of the organisation, aswell as Mr. Michael Sfard, human rights lawyer and legal advisor ofBreaking the Silence; the assault of six members of Ta’ayush[2];and the restrictions to freedom of expression against the non-profit BarburGallery.

Accordingto the information received, on August 31, 2018, Israeli Border Police arrestedMessrs. Avner Gvaryahu, Achiya Schatz and Michael Sfard near the illegaloutpost of Mitzpe Yair in the West Bank, and took them to Hebron policestation.

Theirdetention took place while the three human rights defenders were leading aneducational tour of South Hebron Hills to see the reality of the occupation andshow their support to the six Ta’ayush activists that were violently attacked afew days before in the outpost of Mitzpe Yair. The delegation of about 120 people,coming from all over Israel, was cut short when security forces blocked themfrom their regular lookout point near Mitzpe Yair outpost.

Messrs.Avner Gvaryahu, Achiya Schatz and Michael Sfard were released from detentionlater the same day, after spending three hours in detention. They were summonedfor questioning on October 14, 2018. The three were detained for entering aclosed military area. The order closing the area was issued the morning oftheir arrest for the purpose of preventing the tour, and was shown to thedelegation only after their arrival. The participants were not given theopportunity to leave the area before the arrest began. The order was notenforced against the settlers living in the Mitzpe Yair outpost. In the WestBank, under the current military regime, arbitrary or false arrest by theIsraeli military forces targeting Palestinian civilians is common and routine.

Furthermore,on August 25, 2018, six members of Ta’ayush were documenting illegalconstruction in the unauthorized Jewish settlement of Mitzpe Yair in the SouthHebron Hills when 10 settlers attacked them and broke their cameras. Four wereevacuated to Soroka Medical Center in Be'er Sheva, suffering from bruised ribs,arms and ankles, and have since been released from the hospital.

Finally, on August 30, Jerusalem’sMagistrate Court ruled that the non-profit Barbur Gallery will have to vacateits premises by February 2019, after the gallery hosted a lecture by Breakingthe Silence in February 2017. Since then, the municipality of Jerusalem, ownerof the premises, was pushing to move out its legitimate occupants.

The Observatory emphasises that attacks and campaignsagainst human rights organisations have been ongoing for some time in Israeland the OPT and that the above incidents are just recent illustrations of theclosing civil society space.

The Observatory urges the Israeli authorities to endany act of harassment against all human rights defenders in Israel and the OPTand to carry out an immediate, thorough, impartial, and transparentinvestigation into all attacks targeting human rights defenders, includingthose described in this Urgent Appeal.

Actions requested:

Pleasewrite to the authorities of Israel asking them to:

i. Guaranteein all circumstances the physical and psychological integrity of all humanrights defenders in Israel and the Occupied Palestinian Territory;

ii. Put anend to all forms of harassment, including at the judicial level, against Messrs. Avner Gvaryahu, Achiya Schatz and Michael Sfard, aswell as against all human rights defenders in Israel and the OccupiedPalestinian Territory, and ensure in all circumstances that they are able tocarry out their legitimate activities without any hindrance and fear ofreprisals;

iii. Carry outa transparent, impartial, immediate and thorough investigation into thephysical attack against the six members of Ta’ayush in order to identify allthose responsible, bring them before an independent tribunal, and sanction themas provided by the law;

iv.Guarantee in all circumstances the freedom of expression of all humanrights defenders and human rights organisations in Israel and take action toensure that no organisation faces reprisals for their legitimate human rightsactivities;

v. Comply withthe provisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly on December 9, 1998, in particular Articles 1, 5(b), 6, 12.1and 12.2 ;

vi. Moregenerally, ensure in all circumstances the respect for human rights and fundamentalfreedoms throughout Israel and the Occupied Palestinian Territory in accordancewith international human rights instruments.

Addresses:

· Mr. Benjamin Netanyahu, PrimeMinister of Israel – Minister of Foreign Affairs; Fax: + 972 267 05555 / 972-2-5303367; Email: b.netanyahu@pmo.gov.il, pm_eng@pmo.gov.il

· Mr. Avigdor Liberman, Ministerof Defense; Fax: +972 369 169 40; Email: aliberman@knesset.gov.il

· Ms. Ayelet Shaked; Minister ofJustice; Fax: +972 262 886 18; E-mail: sar@justice.gov.il

· Mr. Shai Nitzan, StateAttorney; Email: state-attorney@justice.gov.il

· H.E. Ambassador Ms. Aviva RazShechter, Permanent Mission of Israel to the United Nations in Geneva,Switzerland. Fax: +41 22 716 05 55. Emil: mission-israel@geneva.mfa.gov.il

· H.E. Ambassador Simona Frankel;Embassy of Israel in Belgium and Luxembourg, Fax: +32 2 373.56.17; Email:web@brussels.mfa.gov.il

Please alsowrite to the diplomatic representations of Israel in your respective countries.

***

Paris-Geneva, September 6, 2018

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

The Observatory for the Protection of HumanRights Defenders (the Observatory) was created in 1997 by FIDH and the WorldOrganisation Against Torture (OMCT). The objective of this programme is toprevent or remedy situations of repression against human rights defenders. FIDHand OMCT are both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

To contact the Observatory, call the emergency line:

· E-mail:Appeals@fidh-omct.org

· Teland fax FIDH +33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

· Teland fax OMCT +41 (0) 22 809 49 39 / +41 22 809 49 29

[1] Breaking the Silence was established in2004 by veterans of the Israel Defense Forces and intends to give serving anddischarged Israeli personnel means to confidentially report on theirexperiences in the Occupied Territories, as well as educate the Israelipopulation on the living conditions in this area.

[2] Ta’ayush is an Israeli-Palestiniananti-occupation group. For more than 15 years,Ta’ayush activists have accompanied Palestinian farmers and shepherds in theSouth Hebron Hills when they go out to farm or herd their flocks, especially onSaturdays because of harassment and violence by settlers. @font-face { font-family: Arial;}@font-face { font-family: "Cambria Math";}@font-face { font-family: "MS Mincho";}p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }h1 { margin: 0cm 0cm 0.0001pt; text-indent: 0cm; page-break-after: avoid; font-size: 10pt; font-family: "Times New Roman"; font-weight: normal; }p.MsoFootnoteText, li.MsoFootnoteText, div.MsoFootnoteText { margin: 0cm 0cm 0.0001pt 16.95pt; text-indent: -16.95pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoHeader, li.MsoHeader, div.MsoHeader { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoFooter, li.MsoFooter, div.MsoFooter { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }a:visited, span.MsoHyperlinkFollowed { color: purple; text-decoration: underline; }span.Titre1Car { }span.Caractresdenotedebasdepage { vertical-align: super; }span.Appelnotedebasdep { vertical-align: super; }span.Marquenotebasdepage1 { vertical-align: super; }span.PieddepageCar { }span.En-tteCar { }p.ListParagraph1, li.ListParagraph1, div.ListParagraph1 { margin: 0cm 0cm 0.0001pt 36pt; font-size: 10pt; font-family: "Times New Roman"; }span.NotedebasdepageCar { }.MsoChpDefault { font-size: 10pt; }div.WordSection1 { }ol { margin-bottom: 0cm; }ul { margin-bottom: 0cm; }