Human rights defenders – HRC fourth session – Report of the Special Rapporteur (Jilani)/Transmission to Governments/Replies (Addendum – excerpts)

IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251

OF 15 MARCH 2006 ENTITLED "HUMAN RIGHTS COUNCIL"

Report of the Special Representative of the Secretary-General

on the situation of human rights defenders, Hila Jilani

Addendum

Summary of cases transmitted to Governments and replies received*

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*The present report is being circulated as received, in the languages of submission only, as it greatly exceeds the word limitation currently used by the relevant General Assembly resolution.

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Introduction

1. The present document is submitted by the Special Representative of the Secretary-General on the situation of human rights defenders, Ms Hina Jilani, to the Human Rights Council pursuant to resolution 2003/64 of the Commission on Human Rights. The document provides summaries of the communications on specific cases addressed by the Special Representative to Governments, as well as summaries of the replies by Governments that she has received, and her observations thereon.

Israel

Communications sent

16. On 22 December 2005, the Special Representative sent an allegation letter to the Government of Israel concerning Qasem Qasem, a Finnish citizen and head of the Refugee League in Europe. According to the information received, on 14 December 2005, Mr Qasem arrived in Israel to participate in a ‘Right of Return’ conference from 16 and 18 December 2005 in Nazareth, in which he was to be honoured for his human rights work. At the airport in Israel, Mr Qasem was taken aside at customs and had his luggage inspected. Two hours later, he was informed that he was being refused entry into the country. He was not given any reason for this refusal. He was cautioned about gaining entry to Israel in the future and told that he must obtain a visa from the Israeli Embassy in Finland despite the fact that Finnish citizens are not legally required to do so. Mr Qasem was then escorted onto an SAS flight that was bound for Stockholm. Concern was expressed that the refusal to allow  Mr Qasem to enter Israel was an attempt to prevent him from attending a human rights event.

17. On 12 January 2006, the Special Representative sent an urgent appeal to the Government of Israel regarding Catherine Flora Richards, staff member of the Palestinian section of Defence for Children International (DCI/PS), an organization affiliated with the Geneva-based Defence for Children International (DCI). DCI has consultative status with the United Nations Economic and Social Council, UNICEF, UNESCO and the Council of Europe. DCI/PS works independently in Palestine to promote and defend children’s rights in the West Bank and the Gaza Strip. According to the information received, on 9 January 2006 at approximately 5.30 am, Ms Richards arrived in Ben Gurion Airport, Tel Aviv on a British Airways flight from London Heathrow. Upon her arrival, Ms Richards was taken aside by a member of the airport security force and waited for two hours for the Head of Airport Security to check her belongings. After her belongings had been checked, Ms Richards is reported to have been taken to a room where a male member of the Security force presenting himself as “Mr Bad”, asked to speak with her. Ms Richards asked to speak with the British Consulate in order to be informed about her rights. It is alleged that the member of the security force then stated that this request constituted a refusal to cooperate on the part of Ms Richards. Ms Richards refused to accept this construction saying she was fully prepared to cooperate, and the member of the security force left the room. Her belongings were searched again. Ms Richards then asked if the British consulate had been contacted and she was told no. It is reported that at approximately 11.30 am on the same day, Ms Richards was allowed to call her office. According to information received, despite an intervention on behalf of the British Embassy in Tel Aviv and the British consulate in Jerusalem, the Israeli authorities decided to deport her back to the United Kingdom on the next British Airways flight to Heathrow, which was due to depart at 16.50 on the same day. It is alleged that during the afternoon of 9 January 2006, Ms Richards began to feel weak and when she requested water and paracetamol, her request was refused. It is reported that at approximately 4 pm she was taken to the plane by security personnel. It is alleged that Ms Richards then started to hyperventilate and to have a panic attack, to which the security personnel responded with violence. Ms Richards was dragged away by her arms, one of the guards saying “I don’t care if you die”, while the other guard threatened to handcuff her. Eventually Ms Richards was examined by a doctor in the First Aid Section. Once it was confirmed she had suffered physical violence, the British Embassy was contacted again and embassy staff reportedly contacted the Israeli Minister for the Interior to ask for information on the whereabouts of Ms Richards. It is alleged that the British Embassy were informed by the Israeli Minister for the Interior that Ms Richards was already on the plane on the way back to the UK which was not the case. Embassy staff later discovered that this was untrue and that Ms Richards was still detained at Ben Gurion Airport detention centre, where she currently remains. It is reported that the Israeli authorities wish to deport Ms Richards on charges of non-cooperation, and that it is feared that Ms Richards will attempt to claim a residence permit in Israel if allowed to enter. On the evening of 9 January 2006, Ms Richards’ lawyer managed to temporarily stop the deportation by paying a guarantee of 5000 shekels. Catherine Richards is due to appear before Tel Aviv Magistrate Court, Tel Aviv on 12 January 2006 at 1 pm on these charges. Concern was expressed that the attempted deportation of Ms Richards was an attempt to prevent her from carrying out her legitimate work in the defence of the rights of children and to deter other internationals from volunteering to work with human rights organizations in the Occupied Territories.

18. On 20 January 2006, the Special Representative sent an urgent appeal to the Government of Israel, together with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, concerning Hassan Mustafa Hassan Zaka, a researcher with the non-governmental organisation The Public Committee Against Torture in Israel (PCATI). PCATI is an organization that investigates complaints of human rights abuses of Palestinians who claim to have been the victims of torture or other ill-treatments and infringements of their human rights by Israeli authorities. Mr Zaka is also employed by the NGO Ansar Asajeen, which provides legal aid to Palestinian detainees and prisoners. According to the information received, on 11 January 2006 Mr Zaka was arrested and detained while attempting to cross a military checkpoint between Nablus and Tul Karem. He is reported to be detained at the Hawarah Military Detention facility near Nablus. On 17 January 2006, according to information received, the Israeli Defence Force Regional Commander issued a six month order of administrative detention against Mr Zaka on the grounds of “endangering the security of the region”. Concern was expressed that the administrative detention of Mr Zaka was connected with his work in defence of human rights by interfering with his ability to conduct his legitimate activities as a human rights researcher.

19. On 14 March 2006, the Special Representative sent an urgent appeal to the Government of Israel, together with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, concerning Ziyad Muhammad Shehadeh Hmeidan, human rights defender and fieldworker for Al-Haq, a Palestinian NGO. Mr Hmeidan has already been the subject of an urgent appeal sent by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative on 29 November 2005, an urgent appeal sent by the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative on 1 July 2005 and an urgent appeal sent by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the question of torture and the Special Representative on 7 June 2005, to which the Government responded on 11 July 2005. According to the new information received, on 12 March 2006, Mr Hmeidan was informed that his administrative detention order is to be extended for a further four months. Mr Hmeidan was scheduled to have been released on 21 March 2006. It is also reported that during the 3 January 2006 appeal hearing against the first extension of Mr Hmeidan’s detention order, the military court acknowledged that the public evidence against Mr Hmeidan was insufficient to justify his ongoing detention.

20. On 11 April 2006, the Special Representative sent an allegation letter to the Government of Israel regarding Brian Morgan, an American human rights defender who volunteers with the Tel Rumeida project in Hebron. The Tel Rumeida project accompanies Palestinian families and their children to and from school in order to protect them from harassment by settler children. According to the information received, on 25 March 2006 Mr Morgan was attacked by a group of 20 settlers, both adults and children, outside the Beit Haddasah settlement. It is reported that he was kicked, punched and hit on the head with rocks. He was then taken to a hospital in Tel Aviv to receive stitches. It is further reported that Mr Morgan requested help from an Israeli soldier who was at his post outside the settlement but his request was ignored.

21. On 28 April 2006, the Special Representative sent an allegation letter to the Government of Israel concerning Sister Anne Montgomery, a 79 year old member of the Christian Peacemakers Team (CPT), Tore Ottesen (29) from Norway, and Karien Laier (46) from Germany and two members of the International Solidarity Movement (ISM), Brian Larsen from Denmark and Anna Svennson (20). According to the information received, on 20 April 2006, Sister Anne Montgomery, Tore Ottesen and Karien Laier were attacked and stoned by a group of settler supporters in Hebron. It is reported that the human rights defenders were waiting to accompany Palestinian children to school when a group of settler supporters aged between 15 and the early 20s threw stones at them and shouted “We are going to kill you”. It is alleged that when Brian Larsen, a Danish ISM cameraman started to film the unprovoked attack, he became a target for the settler supporters and ran away. Anna Svennson (21) a Swedish member of ISM, who witnessed the attack was wounded by a stone. It is further reported that Israelis soldiers witnessed the incident but did not intervene to prevent the attacks. It is reported that all the human rights defenders have bruises from kicks, punches, and stones. Grave concern was expressed that the above described events might be connected with the activities of the CPT and other volunteers in defence of human rights, in particular because of their work in accompanying and protecting Palestinian children and their families from harassment by settler supporters in Hebron.

22. On 19 May 2006, the Special Representative sent an urgent appeal to the Government of Israel, together with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers and the  Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, concerning Ziyad Muhammad Shehadeh Hmeidan, human rights defender and fieldworker for Al-Haq, a Palestinian NGO and affiliate organization of the International Commission of Jurists (ICJ) which conducts research and advocacy works on human rights. Mr Hmeidan has already been the subject of an urgent appeal sent by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative on 14 March 2006, an urgent appeal sent by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative on 29 November 2005, an urgent appeal sent by the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative on 1 July 2005 and an urgent appeal sent by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the question of torture and the Special Representative on 7 June 2005. The mandate holders noted the replies of the Government to their communications of 7 June 2005 and 1 July 2005, but noted there had been no reply to the communications of 29 November 2005 or 14 March 2006. According to the Government, administrative detention orders are limited to six-month periods and any extensions require re-evaluation of the relevant intelligence. Mr Hmeidan has been in administrative detention since 23 May 2005 and continues to be held at Kedziot prison. To date neither he nor his lawyer has been informed of the reasons for his arrest, however the Government’s advice that Mr Hmeidan was “arrested on suspicion of involvement in terrorist activities” has been noted.  The mandate holders noted that the Special Representative visited Mr Hmeidan in prison during her official mission to Israel and the Occupied Palestinian Territory in October 2005.

23. On 2 June 2006, the Special Representative sent an allegation letter to the Government of Israel, together with the Special Rapporteur on the independence of judges and lawyers, concerning Kate Maynard, a British human rights lawyer who works with London-based solicitor Hickman & Rose.  According to the information received, on 24 May 2006 Ms Maynard was detained on arrival at Ben Gurion Airport by Israeli security personnel, having travelled from the United Kingdom to speak at an international legal conference organised by Avocats Sans Frontières (ASF) in al Ram, near Jerusalem. It is reported that prior to her departure from Heathrow airport, she was questioned by Israeli officials. It is alleged that during her detention at Ben Gurion Airport, Ms Maynard was questioned about her involvement in collecting evidence against high-ranking Israeli military personnel and obtaining an arrest warrant for a senior Israeli military official in 2005. It is further alleged that after she had been questioned, Ms Maynard was denied entry to Israel and detained overnight pending deportation on 25 May 2006. Following these events, Ms Maynard instructed an Israeli lawyer to apply to the Tel Aviv district court to prevent her deportation and obtain her release from custody. On 25 May 2006, the judge of the Tel Aviv district court ordered the authorities to lift the deportation order but directed that Ms Maynard be admitted to the country for a limited period of time. It is reported that the Israeli immigration authorities declined to follow this ruling. It is further reported that Ms Maynard left Israel in the morning of 26 May 2006 as she had already missed her allotted time to speak at the conference. Concern was expressed that the above events were connected with the activities of Ms Kate Maynard in defence of human rights and might represent an attempt on the part of the authorities to prevent her from carrying out her legitimate work.

24. On 6 June 2006, the Special Representative sent an allegation letter to the Government of Israel, together with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, Special Rapporteur on the independence of judges and lawyers, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, regarding Hassan Mustafa Hassan Zaka, a researcher who works with the non-governmental organizations the Public Committee Against Torture in Israel (PCATI) and Ansar Asajeen. PCATI investigates complaints of torture or other ill-treatments and infringements of human rights by Israeli authorities and Ansar Asajeen provides legal aid to Palestinian detainees and prisoners. Mr Zaka was previously the subject of a letter of urgent appeal sent jointly by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative on 20 January 2006. The Special Rapporteurs and the Special Representative regret that no reply to this communication has been received to date. According to the new information received, on 22 May 2006, the decision to extend Mr Zaka's administrative detention order by four months was upheld by the Ketziot Military Court. It is reported that the reason given by the General Security Service is that Mr Zaka "endangers the security of the region" however Mr Zaka has not been given the opportunity to refute the charges brought against him and he is still being held in Ketziot Detention Center. Concern was expressed that the decision to extend Mr Zaka's administrative detention order may be connected with his activities in defence of human rights. In the previous communication to the Government concern was expressed regarding the arbitrary nature of the administrative detention of Mr Zaka. As his detention was reported to be based on evidence that was not disclosed to him, further concern was expressed that this undermined reliance on judicial review as a safeguard against arbitrary administrative detention.

25. On 17 October 2006, the Special Representative sent a letter of allegation to the Government of Israel, together with the Special Rapporteur on the independence of judges and lawyers, concerning the closing down of the offices of the organisation Ansar Al-Sajeen (Prisoners Friends’ Association) in Israel and in the West Bank, and the search of the house of Munir Mansour, Chairperson of Ansar Al-Sajeen. Ansar Al-Sajeen is registered under Israeli law, and is one of the largest providers of legal representation to Palestinian detainees in Israeli military courts. It pays legal visits to Palestinian prisoners incarcerated in Israel and advocates for their rights. It also works with prisoners’ families in need and has facilitated Palestinian family visits. According to the information received, on 8 September 2006 in the early morning, the offices of Ansar Al-Sajeen in Tirah, Majd El-Kurum and throughout the West Bank were raided and closed down by the police and the Israeli Shin Bet following the issuance by the Israeli Defense Minister of an administrative order, in accordance with Article 84-2B of the Defense (Emergency) Regulations (1945), declaring Ansar al Sajeen as illegal. The police reportedly confiscated the organization’s assets, including 14,000 shekels dedicated to prisoners and their families, hundreds of legal files and documents, telephones, photocopying machines and computers. It is reported that the closure occurred soon after the association launched a campaign to include the cases of 1948 Palestinian prisoners, citizens of Israel, in the current talks for the exchange of prisoners. The organization would have reportedly decided to appeal the order. On the same day, reports indicate that the house of Mr Mansour, Chairperson of Ansar Al-Sajeen, was searched by the police and members of the Shin Bet. Mr Mansour was reportedly questioned for one and half hours, and his mobile telephone was confiscated. Concerns were expressed that the closing down of the offices of Ansar Al-Sajeen in Israel and in the West Bank as well as the search of the house of its Chairperson might be in retaliation for the legitimate activities of the organization in defence of the rights of Palestinian prisoners detained in Israel.

26. On 25 October 2006, the Special Representative sent an urgent appeal to the Government of Israel, together with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the independence of judges and lawyers, concerning the detention of Ahmad Abu Haniya, a Palestinian human rights activist and Youth Project Coordinator in the Alternative Information Centre, a joint Palestinian-Israeli organisation based in Jerusalem which promotes human rights and advocates social change in the region. According to the information received on 22 May 2005, Mr Haniya was arrested at an Israeli military checkpoint on his way to work. He was subsequently detained under an administrative detention order and has been accused of membership of the Palestinian Front for the Liberation of Palestine (PLFP) and also membership of a group called Al-Islamia. He is reported to be detained at Ketziot detention centre in the Negev. The administrative detention order against him has been renewed twice since he was first detained. Under the terms of an administrative detention order, the authorities are neither required to file charges against the detainee nor to bring the case to trial. The order is usually for a determined period of time but is often renewed before it expires and it can be renewed indefinitely. Neither the defendant, nor his legal representative is entitled to view the "classified" evidence against the defendant. The current order is due to expire on 15 November 2006 but it is feared that it may be renewed. Concern was expressed that Mr Haniya might be detained in order to prevent him from carrying out peaceful activities in defence of human rights.

27. On 1 December 2006, the Special Representative sent a letter of allegation to the Government of Israel, together with the Special Rapporteur on the independence of judges and lawyers, concerning Ziyad Muhammad Shehadeh Hmeidan, human rights activist and fieldworker for Al-Haq, a Palestinian NGO and affiliate organization of the International Commission of Jurists (ICJ) which conducts research and advocacy works on human rights. Mr Hmeidan has already been the subject of an urgent appeal sent by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative on 19 May 2006; an urgent appeal sent by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative on 14 March 2006; an urgent appeal sent by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative on 29 November 2005; an urgent appeal sent by the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative 1 July 2005; and an urgent appeal sent by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the question of torture and the Special Representative on 7 June 2005. The Special Representative and the Special Rapporteurs note the Government’s replies to the communications of 7 June 2005, 1 July 2005 and 29 November 2005 but regret there has been no reply to the communications of 14 March 2006 and 19 May 2006. According to the Government, administrative detention orders are limited to six-month periods and any extensions require re-evaluation of the relevant intelligence. Mr Hmeidan has been in administrative detention since 23 May 2005 and he is currently held at Ketziot (Ansar III) prison in the Naqab (Negev) Desert. To date neither he nor his lawyer has been informed of the reasons for his arrest, however the Government’s advice that Mr Hmeidan was “arrested on suspicion of involvement in terrorist activities” has been noted. It has also been noted that the Special Representative visited Mr Hmeidan in prison during her official mission to Israel and the Occupied Palestinian Territory in October 2005. According to the new information received, on 14 November 2006, Mr Hmeidan was informed that a new administrative detention order would be issued which would extend his current detention for a further four months. The new order reportedly came into effect on 19 November 2006, the date scheduled for his release, and is now due to expire on 18 March 2007. It is also reported that a review hearing was held on 20 November 2006 in which the administrative detention order was upheld on the basis of the same “secret evidence” which was used to detain him in May 2005 “on suspicion of involvement in terrorist activities”. In previous communications to the Government, grave concern was expressed regarding the arbitrary nature of the administrative detention of Mr Hmeidan. In particular, the Special Representative and the Special Rapporteurs continued to be extremely concerned by the fact that he was being denied the exercise of his right to defence and to a fair trial, since he had been detained without any formal charges being brought against him since 23 May 2005. Furthermore, his detention was reported to be based on secret evidence that had never been disclosed to either him or his lawyer which undermines reliance on judicial review as a safeguard against arbitrary administrative detention. The 19 November 2006 military order represented the fourth extension of his original administrative detention issued on 30 May 2005 which was originally for 18 days. It was reported that each extension of the detention order was done almost at the last minute, which caused severe anxiety and anguish to the detainee and his family, amounting to psychological torture. The Special Representative and the Special Rapporteurs expressed their grave concern that Mr Hmeidan’s order might be subject to indefinite renewal and reiterated their concerns that his detention is connected with his work in defence of human rights and represents an attempt by the Israeli authorities to interfere with his ability to conduct his legitimate activities in defence of human rights.

28. On 1 December 2006, the Special Representative sent a letter of allegation to the Government of Israel concerning an attack on Tove Johansson, a Swedish volunteer who was based in Hebron with the International Solidarity Movement (ISM), an organization which aims to afford protection to Palestinian civilians in the area and to monitor and report on human rights violations committed in the region. Human rights workers and volunteers, including members of the ISM, have previously been the subject of communications sent to the Government by the Special Representative on 8 December 2003, 12 January 2006, 11 April 2006 and 28 April 2006. According to the information received, on 18 November 2006, Ms Johansson was part of a small group of human rights workers escorting Palestinian children from their school to their homes through an army checkpoint near the Tel Rumeida Israeli settlement. Reportedly they were confronted by a group of almost 100 Israeli demonstrators who had gathered near the checkpoint in support of Jewish settlers in the area and began to shout threats and chant in Hebrew “We killed Jesus, we’ll kill you too!” at the human rights workers. According to the sources so many demonstrators spat at the peace activists that it was described as being “like rain” and they proceeded to kick and push them while Israeli soldiers standing nearby failed to intervene. One of the settlers then reportedly hit Ms Johannsson in the face with a broken bottle, causing her to fall to the ground while also breaking her cheekbone and injuring her close to her eye. It is reported that this action was applauded by some of the Israeli witnesses and that some settlers tried to have their photograph taken beside the human rights worker as she lay injured on the ground. It is further alleged that three of the settlers were identified to the Israeli police as having been involved in the attack on the volunteers and children but were released shortly after being detained, however according to reports, the police threatened to arrest the human rights activists if they did not immediately leave the area. Grave concern was expressed for the physical safety of international volunteers present in the Occupied Palestinian territory who promote and protect the human rights of civilians in the region as there has been a history of similar incidents in Hebron. During the visit of the Special Representative of to Israel and the Occupied Palestinian territory in October 2005, she was assured by the authorities that any incident concerning settler violence would be investigated. Grave concern was expressed that when settler violence goes unimpeded by Israeli soldiers it may represent an attempt to deter volunteers from carrying out human rights work.

29. On 1 December 2006, the Special Representative sent a letter of allegation to the Government of Israel concerning threats against participants in the proposed Gay Pride Parade which was scheduled to take place in Jerusalem on 10 November 2006. According to the information received, the organisers of the Gay Pride Parade met with authorities in order to establish a less controversial route for the march which would avoid ultra-Orthodox Jewish neighbourhoods as the police had stated that they could not provide adequate security for the original route. However the march was later cancelled altogether due to the severe nature of the threats issued, as last year on 30 June 2005 an ultra-orthodox Jewish man reportedly stabbed three people during the fourth annual gay pride parade. Concern was expressed about the reported threats and harassment of human rights defenders campaigning for equality and against discrimination based on perceived sexual orientation. Further concern was expressed that such harassment might prevent peaceful demonstrators from carrying out their legitimate human rights activities.

Responses received to communications sent by the Special Representative in previous years

30. In a letter dated 26 May 2006, the Government of Israel responded to the urgent appeal sent jointly by the Special Representative, and the Special Rapporteur on the promotion and protection of the right to freedom of expression, on 26 July 2005 concerning Khalil Abu Shammala.  The Government stated that prior to 12 September 2005, whilst the State of Israel was in control of the border passages Mr Shammala’s exit from the Gaza Strip was prevented for security reasons following intelligence gathered by the Security forces which indicated that Mr Shammala posed a security threat if allowed to leave the country.  The Government indicated that in accordance with the declaration signed by the Commander of the IDF Southern Command Unit on 12 September 2006, which confirmed the end of Israel’s military rule in the Gaza Strip, Mr Shammala’s movements from the Gaza Strip to Egypt were no longer under Israeli military control.

31. In a letter dated 19 January 2006, the Government of Israel responded to the urgent appeal sent jointly by the Special Representative, and the Special Rapporteur on the promotion and protection of the right to freedom of expression, on 29 November 2005 concerning Ziyad Muhammad Shebedah Hmeidan.  The Government acknowledged receipt of the aforementioned communication sent on 29 November 2005 and indicated that it had been sent to the relevant authorities in Israel.  The Government also noted that relevant information would be forwarded to the Special Representative and the Special Rapporteur in due course.

32. In a letter dated 1 November 2006, the Government of Israel responded to the urgent appeal sent jointly by the Special Representative, and the Special Rapporteur on the promotion and protection of the right to freedom of expression, on 26 July 2005 concerning Nabil Al Mazzawi.  The Government stated that the aforementioned case was referred from the Military Investigative Police to the Department for the Investigation of Police Officers as it was concluded that the matter referred to border police officers as opposed to servicemen.  As such, the Government noted that a criminal investigation has been launched against the border police officers allegedly involved in the incident.

Communications received

33. On 13 January 2006, the Government responded to the urgent appeal sent on 30 September 2005 concerning Khalida Kanaan Jarrar. The Government reported that Mrs Jarrar is a high-ranking activist in the terrorist organization “Population Liberation Front Movement” (PFLP) and engaged in extensive activity in this movement. Further enquiry revealed that Mrs Jarrar had filed (either directly, or through non-governmental organizations) three petitions to the Supreme Court, sitting as the High Court of Justice, regarding the State of Israel’s refusal to grant her permission to leave Israel (entry/departure).  Two of those petitions were denied (Supreme Court 11003/04, 9930/03), and another was removed by the appellant (Supreme Court 5410/00).

34. On 28 December 2005, 20 January, 1 May, 5 May, 30 October, 4 December, 7 December, 14 December and 18 December 2006, the Permanent Mission of Israel to the United Nations in Geneva acknowledged receipt of the communications sent by the Special Representative, respectively on 10 November 2005, 12 January, 11 April, 28 April, 17 October, 25 October, 1 December 2006, ensuring that the requests of the Special Representative had been transferred to the appropriate authorities in Israel, and that it would forward any relevant information that it received on these matters.

Observations

35. The Special Representative thanks the Government for its interim replies, but she regrets that as of the date of the present report, the Government has not provided any clarification with regard to the reported allegations.  She considers response to her communications as an important part of the cooperation of Governments with her mandate.

36. She urges the Government to respond to her communications and the concerns raised by her in her:  allegation letter of 22 December 2005 concerning Qasem Qasem; the urgent appeal of 12 January 2006 concerning Catherine Richards; the joint urgent appeal  of 20 January 2006 concerning Hassan Mustafa Hassan Zaka; the joint urgent appeal of 14 March 2006 concerning Ziyad Muhammad Shehadeh Hmeidan; the allegation letter of 11 April 2006 regarding Brian Morgan; the allegation letter of 28 April 2006 concerning Sister Anne Montgomery, Tore Ottesen , Karien Laier, Brian Larsen and Anna Svennson; the urgent appeal of 19 May 2006 concerning Mr Ziyad Muhammad Shehadeh Hmeidan; the joint allegation letter of 2 June 2006 concerning Ms Kate Maynard; the joint allegation letter of 6 June 2006 concerning Hassan Mustafa Hassan Zaka; the joint letter of allegation of 17 October 2006 concerning the Ansar Al-Sajeen (Prisoners Friends’ Association) in Israel and in the West Bank and Mr Munir Mansour; the joint urgent appeal of 25 October 2006 concerning Ahmad Abu Haniya; joint letter of allegation of 1 December 2006 concerning Ziyad Muhammad Shehadeh Hmeidan; letter of allegation  of 1 December 2006 concerning Tove Johansson of the International Solidarity Movement; and letter of allegation  of 1 December 2006 concerning the Gay Pride Parade.

37. In particular the Special Representative expresses her grave concern about Ziyad Muhammad Shehadeh Hmeidan who has been the subject of six joint urgent appeals (7 June 2005, 1 July 2005, 29 November 2005, 14 March 2006, 19 May 2006, 1 December 2006) and whom the Special Representative visited in prison during her official mission to Israel and the Occupied Palestinian Territory in October 2005.

38. According to the Government, administrative detention orders are limited to six-month periods and any extensions require re-evaluation of the relevant intelligence. Mr Hmeidan has been in administrative detention since 23 May 2005 and a new administrative detention order was issued on 19 November 2006, the date which was scheduled for his release. It is now due to expire on 18 March 2007.  

39. The Special Representative is concerned that at the 19 November 2006 review hearing the administrative order was upheld on the basis of the same “secret evidence” which was used to detain him in May 2005 “on suspicion of involvement in terrorist activities”. She reiterates her previous concerns regarding the arbitrary nature of the administrative detention of Mr Hmeidan. In particular she is extremely concerned by the fact that he was being denied the exercise of his right to defence and to a fair trial, since he had been detained without any formal charges being brought against him since 23 May 2005. Furthermore, his detention was reported to be based on secret evidence that had never been disclosed to either him or his lawyer which undermines reliance on judicial review as a safeguard against arbitrary administrative detention.  

40. The Special Representative remains deeply concerned by continued reports of violence inflicted upon human rights defenders by Israeli settlers, particularly in Hebron, and the lack of response by Israeli soldiers in protecting human rights defenders and ensuring that the alleged perpetrators are brought to justice. While on mission to Israel and the OPT in October 2005, the State Attorney had advised the Special Representative that there was no impunity for settler violence. However, to date she has received no further information from the Government with respect to such investigations and or prosecutions and urges the Government and human rights defenders to send her more information in this regard.

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