Israeli practices – SpCttee annual report

Thirty-second session

Agenda item 57

 

REPORT OF THE SPECIAL COMMITTEE TO INVESTIGATE ISRAELI

PRACTICES AFFECTING THE HUMAN RIGHTS OF THE POPULATION

OF THE OCCUPIED TERRITORIES

 

Note by the Secretary-General 

 

The Secretary-General has the honour to transmit to the members of the General Assembly the attached report, which was submitted to him by the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories in accordance with resolutions 31/106 C and D of 16 December 1976.

 

 CONTENTS

 

                                                               Paragraphs    Page 

 

LETTER OF TRANSMITTAL .  . . . . . . . . . . . . . . . . . . . . . . . .       3

 

  I.  INTRODUCTION  . . . . . . . . . . . . . . . . . . . . .    1 – 11        5

 

 II.  ORGANIZATION OF WORK  . . . . . . . . . . . . . . . . .   12 – 20        8

 

III.  MANDATE . . . . . . . . . . . . . . . . . . . . . . . .   21 – 25       11

 

 IV.  ANALYSIS OF EVIDENCE  . . . . . . . . . . . . . . . . .   26 – 241      13

 

      A.  Policy of annexation and settlement . . . . . . . .   32 – 86       14

 

          1.  Information relative to the existence of a

              policy of annexation and settlement in the

              occupied territories  . . . . . . . . . . . . .   32 – 54       14

 

          2.  Information relative to the adoption of

              measures in implementation of the policy

              of annexation and settlement  . . . . . . . . .   55 – 86       17

 

      B.  Information descriptive of the situation of

          civilians in the occupied territories . . . . . . .   87 – 226      19

 

      C.  Information on treatment of civilians in detention   227 – 241      28

 

          1.  Information on treatment of civilian detainees

              during and immediately after arrest and during

              interrogation . . . . . . . . . . . . . . . . .  228 – 232      28

 

          2.  Information on treatment of detainees during

              trial . . . . . . . . . . . . . . . . . . . . .  233 – 234      31

 

          3.  Information on treatment of civilians during

              imprisonment  . . . . . . . . . . . . . . . . .  235 – 241      32

 

  V.  QUNEITRA  . . . . . . . . . . . . . . . . . . . . . . .  242 – 244      35

 

 VI.  CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . .  245 – 258      37

 

VII.  ADOPTION OF THE REPORT  . . . . . . . . . . . . . . . .     259         44

 

                                      ANNEXES

 

  I.  Map showing Israeli settlements in the occupied territories

 

 II.  Report on damage at Quneitra

 

III.  Telegram dated 5 March 1977 from the Chairman of the Special

      Committee to the Secretary-General

                                                                     

 

LETTER OF TRANSMITTAL

 

17 October 1977

 

Sir,

 

The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories has the honour to transmit to you the attached report, its ninth, formulated in accordance with the terms of General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV), 2851 (XXVI), 3005 (XXVII), 3092 B (XXVIII), 3240 A and C (XXIX), 3525 A and C (XXX) and 31/106 C and D.

 

The Special Committee regrets to have to report to you that violations of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, have continued throughout 1977 and that the day-to-day situation in these territories continues to be tense, marked with constant occurrences of incidents, often leading to injury and loss of life.  These incidents are the direct result of the military occupation under which the civilian inhabitants have been finding themselves for nearly 11 years.  Their plight is the focus of the Special Committee's attention; these civilians are not only going through the longest military occupation of this century, but they are also being deprived of the protection afforded them by the aforementioned Convention, which applies to the territories occupied as a result of the hostilities of June 1967.

 

The first part of the report describes the procedures followed and the action taken in conducting the investigation.  The lack of co-operation of the Government of Israel continues to constitute a serious hardship in the work of the Special Committee; however, it has been possible to follow the situation of the civilians in the occupied territories very closely by monitoring the situation in these territories.  The Special Committee met regularly and made adequate arrangements to keep itself informed during the periods between meetings.  Thus the Special Committee is able to pronounce itself on the situation in these territories and on the policies and practices followed by the occupying Power in these territories. This report makes ample reference to reports appearing in the Israeli press.  To avoid the criticism that the Special Committee relies on sources hostile to the

Government of Israel, the Special Committee has cited principally that section of the daily press that is commonly accepted as being sympathetic to the Government. The Special Committee is aware of the limitations imposed by following such a system.  This, and the fact that reports that would be relevant to the work of the Special Committee are censored, makes this report reflect only a part of the reality that exists in the occupied territories.  The Special Committee considers, however, that in the present circumstances, even this part, however small, serves to give an accurate impression of the situation.

In section IV of the report, the Special Committee gives an example of the information received by it during the period since the adoption of its last report. This information has been classified into three subsections for easier examination. The first subsection contains information relating to policies and practices governing territory as, for example, the existence of a policy of annexation and settlement, the establishment of settlements and expropriation of property.  The second subsection contains information relating to persons, such as that reflecting the manner in which the daily life of the civilians in the occupied territories is affected by the occupation.  The third subsection contains information on the treatment of persons in detention.

 

In section V, the Special Committee gives its observations on the request of the General Assembly in resolution 31/106 D for a supplementary survey of the damage suffered in Quneitra.  The report of Mr. Eduard Gruner, the expert engaged by it for the purpose, is reproduced in annex II to this report.  The Special Committee wishes to express its satisfaction at the thoroughness and precision of the survey.

 

In the final section the Special Committee formulates its conclusions.  You will note, Sir, that the Government of Israel has not changed those policies and practices which were found to exist in previous years.  The Special Committee this year finds itself in a position to express its conviction that interrogation procedures have to be subjected to adequate scrutiny; the Special Committee can now state unequivocally that these procedures have been abused over the years and no sign has become apparent that they have come to an end.  The Special Committee underlines the futility of the existing arrangements for safeguarding detainees' rights.  It refers to the reports which show that the procedures of the International Committee of the Red Cross need to be strengthened; to this end, the Special Committee endorses the proposal of the International Committee of the Red Cross for the establishment of commissions of inquiry to inquire into alleged violations and the regular attendance of the International Committee of the Red Cross at military courts.  The Special Committee earnestly hopes that the recommendation that it has made repeatedly over the years be given favourable consideration by the General Assembly.

 

May we take this opportunity of placing on record our high appreciation of the unfailing co-operation of the assistance rendered to it by the Secretariat of the United Nations and especially by those of its members who have been more closely associated with the Special Committee these last several years.  Theirs was a sensitive assignment but they discharged it in a manner that merits the unqualified approbation of the Special Committee.  

Accept, Sir, the assurances of our highest consideration.

 

(Signed) O. GOUNDIAM (Senegal)

I. B. FONSEKA (Sri Lanka)

B. BOHTE (Yugoslavia)

 

His Excellency

Mr. Kurt Waldheim

Secretary-General of the United Nations

New York

                                                                      

                                         

I.  INTRODUCTION

 

1. The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories was established by the General Assembly in resolution 2443 (XXIII) of 19 December 1968.  By that resolution, the General Assembly decided to establish the Special Committee, composed of three Member States; requested the President of the General Assembly to appoint the members of the Special Committee; requested the Government of Israel to receive the Special Committee, to co-operate with it and to facilitate its work; requested the Special Committee to report to the Secretary-General as soon as possible and whenever the need arose thereafter; and requested the Secretary-General to provide the Special Committee with all the necessary facilities for the performance of its task.

 

2. The following Member States were appointed on 12 September 1969 to serve on the Special Committee:  Somalia, Sri Lanka and Yugoslavia.  The Government of Sri Lanka appointed Mr. H. S. Amerasinghe, Permanent Representative to the United Nations, as its representative on the Special Committee.  The Government of Yugoslavia appointed Mr. Borut Bohte, Associate Professor of the Faculty of Law of Ljubljana University and Member of the Federal Assembly of Yugoslavia, as its representative on the Special Committee.  The Government of Somalia appointed Mr. A. A. Farah and subsequently Mr. H. Nur-Elmi, Permanent Representative to the United Nations, as its representative on the Special Committee.  On 26 April 1974, the President of the General Assembly at its twenty-eighth session informed the Secretary-General that Somalia had decided to withdraw from the Special Committee and that, in conformity with paragraph 2 of Assembly resolution 2443 (XXIII), he had appointed Senegal a member of the Special Committee.  On 30 April 1974, the Permanent Representative of Senegal to the United Nations informed the Secretary-General that his Government had appointed Mr. Keba M'Baye, Chief Justice of Senegal (Premier Président de la Cour suprême

du Sénégal), as its representative on the Special Committee.  On 21 September 1976, the Permanent Representative of Sri Lanka to the United Nations informed the Secretary-General that Ambassador H. S. Amerasinghe had resigned from the Special Committee upon his election as President of the Assembly at its thirty-first session.  On 18 February 1977, the Government of Sri Lanka informed the Secretary-General that Ambassador V. L. B. Mendis, Sri Lanka High Commissioner to the United Kingdom of Great Britain and Northern Ireland, would serve on the Special Committee at the meetings in Geneva from 22 February to 1 March 1977.

 

3. On 26 April 1977, the Government of Sri Lanka again informed the Secretary-General that it had appointed Ambassador I. B. Fonseka, Deputy Permanent Representative of Sri Lanka to the United Nations, as its representative on the Special Committee.  On 8 July 1977 the Government of Senegal informed the Special Committee that Mr. Keba M'Baye had resigned from the Special Committee and nominated in his stead Mr. Ousmane Goundiam, Procureur général près la Cour suprême, as its representative on the Special Committee.

 

4. On 5 October 1970, the Special Committee submitted its first report 1/ in accordance with General Assembly resolutions 2443 (XXIII) of 19 December 1968 and 2546 (XXIV) of 11 December 1969.  The report was discussed in the Special Political Committee at its 744th to 751st meetings, from 7 to 11 December 1970. On 15 December 1970, the Assembly examined the report of the Special Political Committee 2/ and adopted resolution 2727 (XXV).

 

5. On 17 September 1971, the Special Committee submitted its second report (A/8389 and Corr.1 and 2), prepared in accordance with the terms of General Assembly resolutions 2443 (XXIII), 2546 (XXIV) and 2727 (XXV).  On 10 December 197 the Special Committee submitted a third report (A/8389/Add.1 and Add.1/Corr.1 and containing information which had become available after the completion of its second report.  These reports were discussed in the Special Political Committee at its 798th to 803rd meetings, from 13 to 16 December 1971.  On 20 December 1971 the General Assembly considered the report of the Special Political Committee 3/ and adopted resolution 2851 (XXVI).

 

6. On 25 September 1972, the Special Committee submitted its fourth report (A/8828) in accordance with General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV) and 2851 (XXVI).  The report was discussed in the Special Political Committee at its 849th to 855th meetings, from 30 November to 7 December 1972.  On 15 December 1972, the Assembly examined the report of the Special Political Committee 4/ and adopted resolution 3005 (XXVII).

 

7.   On 15 October 1973, the Special Committee submitted its fifth report (A/9148 in accordance with General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV), 2851 (XXVI) and 3005 (XXVII).  On 20 November 1973, the Special Committee submitted a supplement to its fifth report (A/9148/Add.1).  The report and its supplement were discussed in the Special Political Committee at its 890th and 892nd to 897th meetings, from 19 to 26 November 1973.  In addition, the Special Political Committee considered the report of the Secretary-General (A/9237) submitted pursuant to Assembly resolution 3005 (XXVII).  On

7 December 1973, the Assembly examined the report of the Special Political Committee 5/ and adopted resolutions 3092 A and B (XXVIII).

 

8. On 25 October 1974, the Special Committee submitted its sixth report (A/9817 in accordance with General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV), 2851 (XXVI), 3005 (XXVII) and 3092 B (XXVIII).  The report was discussed in the Special Political Committee at its 927th to 932nd meetings, from 6 to 12 November 1974.  In addition, the Special Committee considered the report of the Secretary-General (A/9843) submitted pursuant to Assembly resolution 3092 B (XXVIII).  On 29 November 1974, the Assembly examined the report of the Special Political Committee 6/ and adopted resolutions 3240 A to C (XXIX).

9. On 13 October 1975, the Special Committee submitted its seventh report (A/10272) in accordance with General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV), 2851 (XXVI), 3005 (XXVII), 3092 B (XXVIII) and 3240 A and C (XXIX). The report was discussed in the Special Political Committee at its 985th to 991st meetings, from 26 November to 5 December 1975.  In addition, the Special Political Committee considered the report of the Secretary-General (A/10370) submitted pursuant to General Assembly resolutions 3240 A and C (XXIX).  On 15 December 1975, the Assembly examined the report of the Special Political

Committee 7/ and adopted resolutions 3525 A to D (XXX).

 

10. On 17 September 1976, the Special Committee submitted its eighth report (A/31/218) in accordance with General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV), 2851 (XXVI), 3005 (XXVII), 3092 B (XXVIII), 3240 A and C (XXIX), 3525 A and C (XXX) and 31/106 C and D.  The report was discussed in the Special Political Committee at the 17th to 19th, 22nd to 26th and 28th to 32nd meetings of the thirty-first session, from 10 November to

6 December 1976.  In addition, the Special Political Committee considered the reports of the Secretary-General (A/31/235 and Add.1 and 2 and A/31/302), submitted pursuant to General Assembly resolutions 3525 A, C and D (XXX).  On 16 December 1976, the General Assembly examined the report of the Special Political Committee and adopted resolutions 31/106 A to D.8/

11. The present report has been prepared in accordance with General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV), 2851 (XXVI), 3005 (XXVII), 3092 B (XXVIII), 3240 A and C (XXIX), 3525 A and C (XXX) and 31/106 C and D.

 

                            II.  ORGANIZATION OF WORK

 

12. The Special Committee continued its work under the rules of procedure contained in its first report to the Secretary-General.9/

 

13. The Special Committee held meetings from 22 February to 1 March 1977 at Geneva. At these meetings the Special Committee reviewed its mandate consequent upon the adoption by the General Assembly of resolutions 31/106 C and D.  It decided on the organization of its work for the year.  The Special Committee decided to continue its system of monitoring information on the occupied territories and to hold periodical meetings to analyse the information to keep track of the occupying Power's policies and practices in the occupied territories.  At these meetings the Special Committee reviewed information on the occupied territories which had become available since 17 September 1976, the date of the adoption of its eighth report (A/31/218).  The Special Committee examined communications received from

Governments and individuals containing information on the situation in the occupied

territories.  It held consultations with the expert engaged for the purpose of carrying out the survey requested by the General Assembly in resolution 31/106 D. The Special Committee decided to continue its consultations with the International Committee of the Red Cross on the same basis as in previous years as requested by the Assembly in paragraph 9 of resolution 31/106 C.  In deciding to continue it system of monitoring information, the Special Committee agreed to pay particular attention, given the nature of the reports before it, to policies and measures adopted by the occupying Power and to do so in the context of the occupying Power's obligations under the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,10/ which required the occupying Power to refrain from any measure other than those required for the day-to-day

administration and preservation of good order, pending a final peace settlement. The Special Committee also decided to address itself to the parties concerned. The Special Committee examined numerous allegations received from Governments and from non-governmental bodies and individuals.  Several of these allegations reflected a deterioration in the situation of detainees, including a marked increase in reports on further deterioration in prison conditions and reports of hunger strikes and other manifestations in certain prisons.  The Special Committee agreed to give special attention to the situation of detainees and gave the Chairman a mandate to make a special report should this be warranted by information received subsequent to its meetings.  The Special Committee decided to request an affidavit from Mrs. Felicia Langer, lawyer for one of the reported leaders of the hunger strike.  It decided to invite Mrs. Lea Tsemel and Mr. Eytan Grosfeld, authors of reports received from the Israel League for Human and Civil Rights, to testify before it with regard to the reports received from them.  Other decisions were taken regarding the follow-up required for certain allegations that the Special Committee was still investigating, and to improve the system for monitoring the Israeli press and the organization of information derived therefrom.  With regard to the implementation of General Assembly resolution 31/106 D, the Special Committee decided on the terms of reference of the expert engaged by it for the purpose of undertaking the supplementary survey requested by the Assembly in that resolution.

 

14. On 1 March 1977, a letter was sent to the Secretary-General stating, inter alia, the following:

 

"The Special Committee has considered the information which it has received since 17 September 1976, the date of the adoption of its previous report, and in particular the information emanating from the occupied territories during recent weeks.

"The Special Committee fears that the situation of civilians in the occupied territories, especially the situation of the detainees which has been shown during recent months to be a matter of particular concern, may deteriorate still further in the near future.  The international community must assume its responsibilities to ensure the protection of the fundamental rights of civilians in the occupied territories.  In that connexion, the Special Committee believes that it would be desirable, despite the statements made by the representatives of Israel at the previous session, to try once again to obtain the co-operation of the Government of Israel which would enable the Special Committee to visit the occupied territories in order to carry out the task entrusted to it by the General Assembly."

 

15. On 5 March 1977, the Chairman of the Special Committee, in accordance with the Special Committee's decision, sent a telegram (see annex III) to the Secretary-General drawing his attention to the latest reports on the serious plight of detainees in the occupied territories and requesting him to undertake appropriate action.

 

16. On 8 March 1977, letters were sent to the Governments of Egypt, Jordan and the Syrian Arab Republic and to the Palestine Liberation Organization referring to Assembly resolution 31/106 C and requesting information relevant to the mandate of the Special Committee.  Reports were received from the Governments and from the Palestine Liberation Organization transmitting information on the situation in the occupied territories.

 

17. On 11 April 1977, the Secretary-General informed the Special Committee that the matter of co-operation by Israel had been raised with the Government of Israel, in accordance with the wishes of the Special Committee, and that that Government had informed him that its position remained unchanged.

 

18. The Special Committee held a second series of meetings at Geneva from 16 to 26 May 1977.  At these meetings the Special Committee reviewed information that had become available since its February meetings and examined a number of communications sent by Governments and by private sources that it had received directly or that had been referred to it by the Secretary-General.  The Special Committee heard the testimony of Mrs. Lea Tsemel and Mr. Eytan Grosfeld, who were invited by the Special Committee to appear before it.  The Special Committee also heard a report on the progress of the supplementary survey of the destruction in Quneitra, requested by the General Assembly in resolution 31/106 D.  At these meetings, the Special Committee confirmed decisions it had taken at its February

meetings to pay special attention to the situation of detainees and to the treatment of youths; it inquired of the Secretary-General as to what action had been taken consequent to the telegram (see annex III) sent to him on 5 March 1977 by the Chairman of the Special Committee.

 

19. The Special Committee held a third series of meetings from 5 to 7 September 1977 at Geneva.  At these meetings, the Special Committee examined information on the occupied territories that had become available since its May meetings and heard the testimony of Mr. Peter Gillman and Mr. Paul Eddy from the Sunday Times of London.  They were invited by the Special Committee to appear before it in connexion with a report published in the Sunday

Times of London on 19 June 1977 entitled "Israel and torture:  an Insight inquiry" (see

A/32/132-S/12356, annex).  The Special Committee decided to extend invitations to

Mr. David Krivine, author of a report appearing in the Jerusalem Post Magazine of 5 August 1977 entitled "Flawed Insight on torture", purporting to rebut the Sunday Times report, and to Mr. Bernard Edinger, a correspondent of Reuters World News Service, author of two articles appearing in the Jerusalem Post on 8 and 10 July 1977 on a visit to Gaza prison.  It also decided to invite Professor John Quigley of Ohio State University, who participated in a delegation of the National Lawyers Guild of the United States of America when it visited the occupied territories during July 1977.  It examined a number of reports received from the Governments of Egypt and Jordan containing information on the situation

in the occupied territories.  The Special Committee received the report of the expert

engaged by it to undertake the supplementary survey requested in resolution 31/106 D.  In addition, it discussed and agreed on the general outline of its report.  It considered what further action, if any, should be given to the request made in its telegram to the Secretary-General of 5 March 1977.

 

20. The Special Committee met again at United Nations Headquarters from 10 to 14 October 1977.  At these meetings the Special Committee examined information on the occupied territories that had become available since its September series of meetings and heard the testimony of Professor John Quigley and the Reverend L. Humphrey Walz, who had been invited by the Special Committee to appear before it and of Miss Barbara L. Shafer and Messrs. Denis Payot and Lawrence Moutinot, who testified on behalf of the Swiss League for Human Rights. At these meetings the Special Committee considered and adopted its report to the

Secretary-General as requested by the General Assembly in resolutions 31/106 C and D.

 

                                  III.  MANDATE

 

21. The General Assembly, in resolution 2443 (XXIII) entitled "Respect for and

implementation of human rights in occupied territories", decided to establish a Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories, composed of three Member States.

 

22. The mandate of the Special Committee, as set out in the above resolution, was to "investigate Israeli practices affecting the human rights of the population of the occupied territories".

 

23. In interpreting its mandate, the Special Committee determined, in its first report, that:

 

(a) The territories to be considered as occupied territories referred to the areas under Israeli occupation, namely, the Golan Heights, the West Bank (including East Jerusalem), the Gaza Strip and the Sinai Peninsula.  Following the implementation of the Egyptian-Israeli Agreement on disengagement of forces of 18 January 1974 and the Agreement on Disengagement between Israeli and Syrian Forces of 31 May 1974, the demarcation of the areas under occupation were altered as indicated in the maps attached to those agreements;

 

(b) The persons covered by resolution 2443 (XXIII) and therefore the subject of the investigation of the Special Committee were the civilian population residing in the areas occupied as a result of the hostilities of June 1967 and those persons normally resident in the areas that were under occupation but who had left those areas because of the hostilities.  However, the Special Committee noted that resolution 2443 (XXIII) referred to the "population", without any qualification as to any segment of the inhabitants in the occupied territories;

(c) The "human rights" of the population of the occupied territories consisted of two elements, namely those rights which the Security Council referred to as "essential and inalienable human rights" in its resolution 237 (1967) of 14 June 1967 and, secondly, those rights which found their basis in the protection afforded by international law in particular circumstances such as occupation and, in the case of prisoners of war, capture.  In accordance with General Assembly resolution 3005 (XXVII), the Special Committee was also required to investigate allegations concerning the exploitation and the looting of the resources of the occupied territories; the pillaging of the archaeological and cultural heritage of the occupied territories; and the interference in the freedom of worship in the holy places of the occupied territories;

 

(c) The "policies" and "practices" affecting human rights that came within the scope of investigation by the Special Committee referred, in the case of "policies", to any course of action consciously adopted and pursued by the Government of Israel as part of its declared or undeclared intent; while "practices" referred to those actions which, irrespective of whether or not they were in implementation of a policy, reflected a pattern of behaviour on the part of the Israeli authorities towards the Arab population of the occupied areas.

 

24. Since its inception the Special Committee has relied on the following international instruments in interpreting and carrying out its mandate:

 

(a) The Charter of the United Nations;

 

(b) The Universal Declaration of Human Rights;

 

(c) The Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

 

(d) The Geneva Convention relative to the Treatment of Prisoners of War, of

12 August 1949;11/

 

(e) The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, of 14 May 1954;12/

(f) The Hague Conventions of 1899 13/ and 1907 14/ respecting the Laws and

Customs of War on Land.

 

25. The Special Committee has also relied on those resolutions relevant to the situation of civilians in the occupied territories adopted by United Nations organs, the General Assembly, the Security Council, the Economic and Social Council and the Commission on Human Rights, as well as the relevant resolutions of the United Nations Educational, Scientific and Cultural Organization, the World Health Organization and the International Labour Organisation.

 

IV.  ANALYSIS OF EVIDENCE

 

26. In this section of its report the Special Committee gives a breakdown of the information received by it from 17 September 1976 to the date of the adoption of this report.  It constitutes evidence of policies and practices followed by the Government of Israel in the occupied territories.  Though by no means exhaustive, it extends over the entire period covered by this report and constitutes a representative cross-section of the information received by the Special Committee. The subdivision of this evidence under three headings is solely for purposes of analysis, the main purpose being to reflect, as completely as possible, the reality facing the civilian population of the occupied territories.

 

27. The Special Committee continued to monitor events in the occupied territories in the best available manner in the absence of the co-operation of the Government of Israel.  It has done so by:

 

(a) Hearing the testimony of persons with first-hand knowledge of the situation of civilians in the occupied territories;

(b) Examining reports in the Israeli press of events in the occupied territories and of pronouncements by the Government of Israel;

(c) Following reports appearing in other news media, including the Arab language press and other sectors of the international press;

(d) Examining reports submitted to it by Governments and non-governmental bodies on the situation in the occupied territories.

 

28. The Special Committee heard the testimony of Mrs. Lea Tsemel and Mr. Eytan Grosfeld during its meetings from 16 to 26 May 1977 (reproduced as documents A/AC.145/RT.82-86 and A/AC.145/R.112 and R.113 and Add.1).  During its meetings from 5 to 7 September 1977 the Special Committee heard the testimony of Mr. Paul Eddy and Mr. Peter Gillman (reproduced as documents A/AC.145/RT.87-90). During its series of meetings from 10 to 14 October 1977, the Special Committee heard the testimony of Professor John Quigley, the Reverend L. Humphrey Walz, Miss Barbara L. Shafer and of Messrs. Denis Payot and Lawrence Moutinot of the Swiss League for Human Rights (reproduced as documents A/AC.145/RT.91-93).

 

29. In addition, the Special Committee received reports from the Government of Egypt and of Jordan, the League of Arab States, the International Committee for Palestinian Human Rights, Paris, and from the Swiss League for Human Rights on the situation in the occupied territories.

 

30. The Special Committee received information from the Government of the Syrian Arab Republic in connexion with the implementation of Assembly resolution 31/106 D on Quneitra.

 

31. The information received by the Special Committee during the period covered by this report, namely since 17 September 1976, is analysed in subsections A, B and C in paragraphs 32 to 241 below.

A.  Policy of annexation and settlement 

 

1. Information relative to the existence of a policy of annexation and

settlement in the occupied territories. 

 

32. On 30 September 1976, Ha'aretz reported on a statement by the then Prime Minister, Mr. Rabin, to the effect that he did not foresee any political obstacles to expanding settlements in the "Etzion bloc" area (see annex I to this report reproducing a map of the settlements established in the occupied territories).  In the same report, Mr. Rabin referred to a "settlement policy of the Government" which included an order of priorities of areas where settlements were to be established, namely, the Golan Heights, the Jordan Valley, and the area between the Dead Sea and Sharm El-Sheikh and the Rafah Salient.

 

33. On 8 December 1976, Ha'aretz reported on a proposal by the then Minister of Social Affairs, Mr. Z. Hammer, to construct new settlements in the West Bank that would have the character of "security settlements" of which one, Qaddum, then the subject of controversy but subsequently "legalized" by the new Government, could be considered a "security settlement".

 

34. On 29 December 1976, Ha'aretz reported on a statement by the then Foreign Minister, Mr. Alon, that it was an urgent necessity to strengthen existing settlements in the Jordan Valley and to establish more settlements in that region. The report added that Mr. Alon stressed the need to set up two towns: Maaleh-Adumim and Maaleh-Efraim (subsequently established by the new Government).

 

35. On 9 January 1977, the Jerusalem Post and, on 13 January 1977, Ha'aretz issued reports according to which Professor R. Weitz, Chief of the Settlement Department of the World Zionist Organization (member of the Ministerial Committee for Settlement Affairs), spoke of a four-year plan on rural settlement for the establishment of 56 new settlements, including 27 in the occupied territories. These reports contained details of proposed settlements which were authorized by the new Government, for example, the settlement at Mes'ha, authorized on 17 April 1977; Mevo Horon `B' on 17 August 1977, and Yatir on 17 August 1977.

 

36. On 14 January 1977, Ma'ariv reported on a plan submitted by the Settlement Department of the Jewish Agency to the Government's Committee on Settlement Affairs for the creation of 15 settlements in the Rafeh Salient area and, on 3 January 1977, the Jerusalem Post reported the completion of a plan for a deep-water harbour at Yamit, in the same area.

 

37. On 12 and 20 January 1977, the Jerusalem Post reported on the construction of a new highway in the Sinai, in the east-west direction, at the level of the Santa Catherina Monastery, and the construction of a new hospital at the Israeli settlement in Sharm El-Sheikh, known as Ophira.  These measures were also mentioned in a complaint received from the Government of Egypt by the Special Committee.

 

38. On 14 January 1977, Ha'aretz issued a report to expand the Israeli settlement at Hebron, known as Kiryat Arba.

 

39. On 31 January 1977, Ha'aretz reported on the continued purchase of land in the occupied territories by the Land of Israel Authority and on the expropriation of land in the occupied part of Jerusalem and the area around it.

 

40. On 5 April 1977, Ha'aretz reported on the so-called "Southern Project", according to which it is proposed to establish 10 new settlements during 1977 in the Rafah area, the first of a total of 150 agricultural settlements to be built in that area, planned over the next 15 years, and giving details as to the manner in which the project is to be undertaken.

 

41. On 25 April 1977, Ma'ariv reported on a decision by the Ministerial Committee on Settlement Affairs to establish five more settlements in the West Bank, giving details of their location.

 

42.  On 28 April 1977, Ma'ariv reported on the authorization being granted by the Government for settlement in the Dotan Valley (northern West Bank, near Jenin) and on details of the programme to be undertaken in the realization of this project.

 

43. On 8 May 1977, Ha'aretz reported on a new programme for construction in Jerusalem intended to accelerate the expansion of quarters situated in the Arab part of the city, by the construction of 18,000 apartments in Ramot, Gilo and Talpiot and the area between French Hill and Neve Yaacov.

 

44. On 24 May 1977, the Jerusalem Post reported on a statement by the newly elected Prime Minister, Mr. Begin, that the West Bank is an integral part of Israel.

 

45. The French weekly L'Express (23-29 May 1977) reported on a statement by Mr. Begin to the effect that "Cisjordan meant nothing; that Judea and Samaria are Israeli lands belonging to the Jewish people, and that there was no longer any purpose in establishing settlements since the new Israeli Government would ask the Jewish people to settle on its own land."

 

46. On 6 July 1977, Ma'ariv issued a report giving the new composition of the Ministerial Committee on Settlement, under the chairmanship of the Minister for Agriculture, Mr. Sharon, composed of seven ministers in the Government of Israel and seven members of the World Zionist Organization.

 

47. On 27 July 1977, the Jerusalem Post reported on the "legalization" by the Ministerial Committee on Settlement Affairs of the Israeli settlements established at Qaddum, Ofra and Maaleh-Adumim.

 

48. On 1 August 1977, Ha'aretz reported on the setting up of a team by the Minister of Agriculture, Mr. Sharon, to deal with settlement affairs and to elaborate various settlement plans to be submitted to the Ministerial Committee on Settlements.  According to this report, this team was to examine the creation of 10 towns in the West Bank, a plan which was reportedly discouraged by the Jewish Agency because of the difficulty of finding a sufficient number of settlers for such a plan.

 

49. On 21 August 1977, the Jerusalem Post reported on a statement by the Foreign Minister, Mr. Dayan, to the effect that "Jewish settlements in Judea and Samaria will continue.  The question is, where and how."

 

50. On 4 September 1977, the Jerusalem Post and other sectors of the press reported on a 20-year plan of settlement announced by the Agriculture Minister, Mr. Sharon, to establish settlements all over the West Bank and the southern part of the Gaza Strip.

 

51. On 12 September 1977, the Jerusalem Post Magazine issued reports entitled "Settlement at the crossroads" and "A link in the Golan" giving details on the measures taken to date in establishing 76 settlements in the occupied territories, their location and purposes, as well as the installation of Israeli citizens in them and the settlement plans for the future.  The first of these two reports made reference to a settlement plan by Mr. R. Weitz, Chairman of the Settlement Department of the Jewish Agency, which extends over the next 15 years and envisage settlement in the southern parts of the Gaza Strip (entitled "The Southern Project"), settlement in the eastern part of the West Bank (entitled "The Eastern Project"), and a "Northern Project" for settlement in areas within the 1949 Truce Agreement lines.  According to this report, Mr. Weitz's plan would have Israeli citizens living separately from Palestinians since "history shows that you can live in peace provided you are separate".

 

52. The article entitled "Settlement at the crossroads" by Abraham Rabinovich appearing in the Jerusalem Post Magazine on 12 September 1977 states the following:

"For legal reasons, operative responsibility for settlements beyond the green line after 1967 was given to the Settlement Department of the World Zionist Organization (WZO) which is nearly identical in its personnel with that of the [Jewish] Agency's Settlement Department.  Since 1970, decisions on settlements beyond the green line are made by a body commonly known as the Ministerial Committee on Settlement but actually composed of an equal number of government ministers and members of WZO.

"The advent of a Likud administration has snapped the organic political ties between the government and WZO.  Each has now drawn up its own settlement plan.  The head of the Ministerial Settlement Committee, Ariel Sharon, has presented his plan to Prime Minister Begin.  Professor Ra'anan Weitz, head of the WZO Settlement Department, will present his plan to the Zionist Congress in February."

 

53. A statement was made by Cabinet Secretary Mr. Arie Naor, as reported in the Jerusalem Post Magazine on 12 September 1977 in an article entitled "Defence wall or barrier to peace" by Mayor Meirmerhav, to the effect that "Israel cannot be deemed to annex that which is rightfully hers and that Jews cannot be barred from settling anywhere within their eternal, pre-ordained domain."

 

54. On 10 October 1977, Foreign Minister Mr. Moshe Dayan stated in the General Assembly as follows:

 

"The criticism which has been directed against Israel in respect of the establishment of settlements in Judea and Samaria is unfounded. The settlements are legal.

"…

"And, above all, it is unacceptable to us that Jews should be prohibited from living in any part of their ancestral land."

 

2. Information relative to the adoption of measures in implementation of the

policy of annexation and settlement 

 

55. The map reproduced as annex I to this report illustrates the settlements established to date by the occupying Power in the occupied territories.

 

56. On 3 October 1976, the Jerusalem Post reported that 150 families were living in Yamit, the Israeli settlement located between the Gaza Strip and the north-eastern corner of the Sinai Peninsula.

 

57. On 21 November 1976, Ashab reported that 200 dunams of land of the village of Kfar Qaddum were fenced off and annexed to the new Israeli settlement and that this was the second time that land had been annexed in this manner to the (then) "unauthorized settlement".

 

58. On 2 December 1976, Ha'aretz reported on a protest by the Mayor of Beit Jalla, a village 3 kilometres south of Jerusalem, over the seizure of a large area in Mount Gilo where the construction of 60 housing units had been started.

 

59. On 28 and 29 December 1976, Ha'aretz and Ma'ariv reported on the eviction of three Arab families from the Old City of Jerusalem and the newspaper Ashab, on 29 December 1976, reported on the demolition of their houses the same evening of their eviction.

 

60. On 7 January 1977, the Jerusalem Post reported on a statement by the then Prime Minister, Mr. Rabin, that 76 settlements had been established in the occupied territories since 1967.

 

61. On 18 January 1977, the Jerusalem Post reported on the conversion of a Nahal settlement to a permanent kibbutz to join four other civilian settlements (Moshavim) already existing and functioning in the Rafah area, between the Gaza Strip and Sinai.

 

62. On 14 January 1977, Ha'aretz reported on a petition by the villagers of Murir, north of Ramallah, against the expropriation of over 400 dunams of their land seized by the Israeli Army to set up the Israeli settlement known as Mevo-Shilo.

 

63. On 19 January 1977, Ma'ariv reported on the establishment of a permanent kibbutz, known as Narran, near two other settlements already existing in the area, namely Gilgal and Yitav.

 

64. On 28 January 1977, Ashab reported on the seizure of 700 dunams by the military authorities at Abu-Dis, a village approximately 3 kilometres east of Jerusalem.

 

65. On 31 January 1977, Ha'aretz reported on the activities of the Land of Israel Authority in purchasing land in the occupied territories, including the expropriation of 18,000 dunams of land east of Jerusalem since the hostilities of June 1967.

 

66. On 1 February 1977, Ha'aretz reported on the allocation of I 18 million in the budget of the State of Israel, for the purchase of land in the occupied territories, for the fiscal year 1977/78.

 

67. On 18 February 1977, the Jerusalem Post reported on the construction of a 31-kilometre expressway between Jerusalem and Tel Aviv, cutting through the occupied

territories.

 

68. On 11 February 1977, Ha'aretz reported on the conversion of Nahal Katif, in the

southern part of the Gaza Strip, into a civilian settlement to be called Netzer-Hajani, south of the village of Deir-El-Balah.

 

69. On 25 February 1977, Ha'aretz issued a report describing methods used in intimidating the Arab inhabitants into selling their land.

 

70. On 30 March 1977, Ha'aretz reported on the commencement of a construction on the top of Mount Gilo, the realization of a Housing Ministry project to erect "several hundred villas and a building to house the National Security College".

 

71. Reports appeared during March and April 1977 on the establishment of a settlement at Mas'ha south-west of Nablus and north-east of Ramallah.

 

72. On 12 April 1977, Ha'aretz reported on a complaint by the Mayor of Beit-Jallah about expropriation of land belonging to the inhabitants of his town and situated in Mount Gilo, and about the establishment of an Israeli quarter on that land.

 

73. On 20 April 1977, Ha'aretz reported on a decision by the Ministerial Committee on Settlements to allocate I 225 million for the establishment of 25 new settlements, including 17 in the occupied territories.

 

74. On 8 May 1977, Ma'ariv reported that the Ministry of Housing would complete construction of 500 flats by the beginning of 1978 in the Israeli settlement of Sharm-El-Sheikh, known as Ophira.

 

75. The establishment of an "urban and permanent industrial settlement" at Maaleh-Adumim midway on the main road between Jerusalem and Jericho, described as a "residential satellite of Jerusalem", with 5,000 housing units, was reported in Ma'ariv, on 20 June 1977, and in the Jerusalem Post, on 24 June 1977.

 

76. On 27 July 1977, the Jerusalem Post reported on the "legalization" by the Ministerial Committee on Settlements of the settlements at Qaddum, approximately 8 kilometres west of Nablus, and Ofra, approximately 6 kilometres north-east of Ramallah and Maaleh-Adumim.

 

77. On 12 July 1977, Ma'ariv reported on the establishment of a new settlement known as Houlit, in the Rafah area (north-eastern Sinai), near the Gaza Strip; the same report stated that 13 settlements had so far been established in that area and that 4 more were planned, part of the so-called "Southern Project" which envisages 20 agricultural settlements.

 

78. On 26 July 1977, the Jerusalem Post reported on the establishment of a new settlement in the Rafah area.

 

79. On 27 July 1977, Ashab reported on the completion of 320 new flats in the Old City of Jerusalem and the construction of another 260.

 

80. On 18 August 1977, Ha'aretz reported on the approval by the Ministerial Committee on Settlements of three new settlements in the West Bank:  one to be known as Yatir, located between Hebron and Beersheba; a second to be known as Mevo-Horon, approximately 15 kilometres north-west of Jerusalem in the Ayalon Valley; and a third to be known as Tsur Natan "B", south of Tulkarm.

 

81. On 2 August 1977, the Jerusalem Post reported that 6,000 Israeli Jewish families had so far settled in the four developments constructed in the occupied parts of Jerusalem and known as Gilo, Ramot, East Talpiot and Neve Yaacov, and that 6,423 more apartments were under construction in that area.

 

82. On 8 September 1977, the Jerusalem Post reported on the moving in by a group of settlers into the new settlement called Yatir, south of Hebron.

 

83. On 12 September 1977, the Jerusalem Post reported on a new settlement in the West Bank, known as Reyhana, located on a hilltop facing three Arab villages, approximately 8 kilometres west of Jenin.

 

84. On 12 September 1977, the Jerusalem Post Magazine reported on the construction of a settlement known as Katzrin, in the Golan Heights, planned as a town for 20,000 persons.

 

85. On 10 October 1977, The New York Times reported on an Israel Radio announcement of the establishment of one settlement and the authorization to build another settlement on the West Bank.

 

86. On 11 October 1977, The New York Times reported on the approval by the government of Israel of the establishment of six settlements in the West Bank by the end of 1977.

 

B.  Information descriptive of the situation of civilians 

in the occupied territories 

 

87. The following paragraphs reflect the type of reports examined by the Special Committee on the occurrences of incidents and related repercussions; they include reports of strikes, demonstrations, arrests, imposition of curfews and treatment of youths.  These samples are listed in chronological order in an effort to reconstruct the day-to-day reality faced by the average civilian in the occupied territories.

88. The arrest of 55 persons was reported in the Jerusalem Post on 3 October 1976

 

89. The incidents that occurred in the Ibrahimi mosque in Hebron were reported in the Jerusalem Post, Ha'aretz and Ma'ariv from 3 to 8 October 1976.

 

90. The arrest of 40 persons in the Gaza Strip was reported in the Jerusalem Post on 10 October 1976.

 

91. The curfew imposed on Hebron, then in its eighth day, was reported in the Jerusalem

Post on 10 October 1976.  The same reports described the incidents and the violence that occurred during the period.

 

92. The arrest of 40 persons in the northern West Bank was reported in Ha'aretz and the Jerusalem Post on 2 November 1976.

 

93. The student demonstrations in several West Bank towns were reported in Ha'aretz on

3 November 1976.

 

94. The detention of several youths in Nablus was reported in the Jerusalem Post on

5 November 1976.

 

95. The suspension from classes of 15 secondary school students in Ramallah by the military authorities was reported in Ha'aretz on 7 November 1976.

 

96. The arrest of "several persons" from the Hebron area and the release on bail later of several of them was reported in Ha'aretz on 9 November 1976.

 

97. The explosion of two charges in Hebron was reported in the Jerusalem Post on

10 November 1976.

 

98. The discovery of an explosive device on a bus was reported in the Jerusalem Post on 11 November 1976.

 

99. The arrest of 21 persons from the Gaza Strip was reported in Ha'aretz on

12 November 1976.

 

100. The dispersal of rioting students in Ramallah was reported in Ha'aretz on

14 November 1976.

 

101. The arrest of 37 West Bank inhabitants was reported in the Jerusalem Post, Ma'ariv and Ha'aretz on 16 November 1976.

 

102. The demonstration by students in Nablus was reported in Ha'aretz on 23 November 1976.

103. The continuation for the third consecutive day of the student demonstration in Nablus was reported in Ha'aretz on 25 November 1976.

 

104. The promulgation of a Military Order by the Governor of Bethlehem forbiddin Beit-Jalla residents from demonstrating against the construction of a Jewish neighbourhood near their village, was reported in the Jerusalem Post on 28 November 1976.

 

105. The arrest of "several youths" in the Golan Heights was reported in the Jerusalem

Post on 29 November 1976.

 

106. The arrest of 43 youths and the release of 39 others from Hebron, following disturbances at the Ibrahimi mosque, was reported in Ha'aretz on 1 December 1976.

 

107. The explosion in Hebron, killing three local inhabitants, reportedly while preparing a charge, was reported in the Jerusalem Post and Ha'aretz on 5 December 1976.

 

108. The disturbances in several West Bank towns and the total business strike in Hebron were reported in Ma'ariv on 7 December 1976.

 

109. The riots by students against imposition of Value Added Tax and against the expropriation of land near the village of Taluza were reported in the Jerusalem Post on

8 December 1976.

 

110. The street riots in Nablus, followed by the detention of a number of youths in Nablus, was reported in the Jerusalem Post on 9 December 1976.

 

111. The arrest of an "undisclosed number of youths" in Nablus was reported in the

Jerusalem Post on 9 December 1976.

 

112. The continuation of a business strike in Hebron for four days and the disturbances in Nablus and Ramallah were reported in Ha'aretz on 10 December 1976.

 

113. The imposition of a curfew on the centre of Nablus, following the outbreak of fresh riots, was reported in the Jerusalem Post on 12 December 1976.

 

114. The arrest of 13 schoolgirls and two of their teachers at Kalandia and their subsequent release was reported in the Jerusalem Post on 13 December 1976.

 

115. A riot in Nablus and the storming of the Town Hall by Israeli soldiers, reportedly in pursuit of a demonstrator, were reported in The Times on 13 December 1976.

 

116. The demonstrations in the West Bank that continued for six days running were reported in the International Herald Tribune on 14 December 1976.

 

117. The spreading of disturbances to Ramallah and the outskirts of Jerusalem and the continued use of tear-gas to break up riots were reported in the Jerusalem Post and in

Le Monde on 15 December 1976.

 

118. The general strike in the West Bank, the Gaza Strip and East Jerusalem, the imposition of curfew on the centre of Nablus, Ramallah and Kalandia, and the wounding of a 15-year-old boy were reported in the Jerusalem Post on 16 December 1976.

 

119. The demonstration in Ramallah and the occurrence of incidents in Nablus, followed by the boycott of schools in protest against arrests of Nablus students by the Israeli army, were reported in Ha'aretz on 19 December 1976.

 

120. The sit-in, which was subsequently dispersed by the army, was reported in Ha'aretz on 20 December 1976.

 

121. The arrest of 66 persons from the West Bank was reported in Ha'aretz on 27 December 1976.

 

122. The arrest of "three cells of Golan inhabitants" was reported in Ha'aretz on

2 January 1977.

 

123. The sit-in at the Nablus Town Hall by the mothers of administrative detainees held at the Nablus prison was reported in Ha'aretz on 10 January 1977.

 

124. The sit-in by students at Bir-Zeit College and the subsequent banning of political activity by the Military Governor were reported in Ha'aretz and the Jerusalem Post on

14 January 1977.

 

125. The arrest of 82 persons from the West Bank was reported in Ha'aretz and the

Jerusalem Post on 31 January 1977.

 

126. The demonstration by secondary school students in Nablus against conditions of the prisoners in Israeli prisons was reported in Ha'aretz on 2 February 1977.

 

127. The commercial strike in Nablus, Ramallah and Beit-Hanina, in sympathy with the

hunger strike by detainees, was reported in the Jerusalem Post on 2 February 1977.

 

128. The closing of the Nablus schools was reported in the Jerusalem Post on 2 February 1977.

 

129. The attacking of a tourist bus in Nablus by secondary school students was reported in Ha'aretz on 2 February 1977.

 

130. The arrest of 38 persons in Nablus was reported in Ma'ariv on 3 February 1977.

 

131. The arrest of nine persons from Nablus and Ramallah was reported in Ha'aretz on 7 and 8 February 1977.

 

132. The general strike in Nablus was reported in Ha'aretz on 11 February 1977.

 

133. Rioting in Nablus was reported in Ha'aretz on 13 February 1977.

 

134. The tossing of a bomb at an East Jerusalem bus was reported in the Jerusalem Post on 20 February 1977.

 

135. The student demonstration in Nablus was reported in Ha'aretz on 21 February 1977.

 

136. The disturbances at the Ibrahimi mosque were reported in the Jerusalem Post, Ma'ariv and Ha'aretz on 27 February 1977.

 

137. The finding of an explosive charge near the centre of Nablus and the subsequent arrest of several suspects were reported in Ma'ariv on 27 February 1977.

 

138. The hunger strike in the campus of the Hebrew University of Jerusalem, in sympathy with the prisoners at Ashkelon was reported in Ha'aretz on 1 March 1977.

 

139. The arrest of six youths from Nazareth and one inhabitant of Jenin was reported in Ha'aretz on 7 March 1977.

 

140. The demonstration by 60 girls in Ramallah secondary school was reported in Ha'aretz on 7 March 1977.

 

141. Renewed unrest in Ramallah was reported in the Jerusalem Post on 8 March 1977.

 

142. The arrest of 20 students in Nablus during riots was reported in the Jerusalem Post on 8 March 1977.

 

143. The beating up of the Mayor of El-Bireh, Mr. S. Tawil, and a member of the own Council by Border Police during a demonstration leading to a general strike in Ramallah and El-Bireh was reported in Ha'aretz on 8-9 March 1977.

 

144. The arrest of 16 persons from Jerusalem was reported in the Jerusalem Post and Ha'aretz on 9 March 1977.

 

145. A business strike in Ramallah and El-Bireh was reported in the Jerusalem Post on

9 March 1977.

 

146. A student demonstration in Ramallah and its suppression by Border Police resulting in the injury of 17 students was reported in the Jerusalem Post on 10 March 1977.

 

147. Brutality by the Border Police in the incident mentioned in the preceding paragraph was reported in the Sunday Times on 13 March 1977 and in the International Herald Tribune on 23 March 1977.  An account of these incidents is contained in a eport by Mr. E. Grosfeld from the Israel League for Human and Civil Rights, received by the Special Committee (A/AC.145/RT.87).

 

148. The tossing of a hand-grenade at an Israeli Army car in Nablus was reported in Ha'aretz on 13 March 1977.

 

149. The demonstration at the Balata refugee camp was reported in Ma'ariv on 13 March 1977.

 

150. The demonstration by youths from El Amari refugee camp, in sympathy with the opening of the Palestine National Council in Cairo, was reported in Ha'aretz on 13 March 1977.

 

151. The demonstration by students in Nablus was reported in Ma'ariv and Ha'aretz on

14 March 1977.

 

152. The arrest of 13 students from Nablus while demonstrating was reported in Ha'aretz on 22 March 1977.

 

153. The explosion of a bomb on an Israeli truck in Ramallah was reported in the

Jerusalem Post on 30 March 1977.

 

154. A riot by students in Nablus was reported in Ha'aretz on 30 March 1977.

 

155. A general strike in all large West Bank towns and student demonstrations in Nablus, Ramallah, Hebron, Bir-Zeit and other towns, in commemoration of the Day of the Land, were reported in Ha'aretz on 31 March 1977.

 

156. Demonstrations in most West Bank towns and refugee camps were reported in Ha'aretz on 1 and 4 April 1977.

 

157. Demonstrations and strikes that took place in Nablus were reported in the Jerusalem

Post on 7 and 11 April 1977.

 

158. Demonstrations in El-Gharbiya and brutality in suppressing them, resulting in injury to 60 persons, were reported in Le Monde on 1 April 1977 and in the Jerusalem Post between 5 and 18 April 1977.

 

159. The arrest of a total of 19 persons during April from Jerusalem, Nablus and Tulkarem was reported in Ha'aretz, Ma'ariv and the Jerusalem Post on 13, 14, 18 and 28 April 1977.

 

160. The incidents provoked by the arrival of Rabbi Kahane in Nablus, with the avowed intention of establishing himself there, and the resultant riots and curfew were reported in Ha'aretz, Le Monde and the Jerusalem Post between 15 and 27 April 1977.

 

161. The arrest of six persons from Tulkarem and Nablus was reported in Ha'aretz and Ma'ariv on 18 April 1977.

 

162. A general strike and riots in Nablus were reported in Ha'aretz on 18 April 1977.

 

163. Riots, demonstrations and a partial business strike in Nablus were reported in Ha'aretz and Ma'ariv on 19 April 1977 and in Ha'aretz on 22 April 1977.

 

164. Riots and business strikes in Ramallah, Kalandiya refugee camp, Bethlehem and Nablus were reported in Ha'aretz and Ma'ariv on 22 April 1977.

 

165. An explosion in a bus driven by a resident of the Gaza Strip causing injury to 27 Israelis was reported in the Jerusalem Post on 25 April 1977.

 

166. An explosion at the National Bank in Qalqilya was reported in Ma'ariv on 24 April 1977.

 

167. An explosion in Nablus was reported in Ashab on 24 April 1977.

 

168. An explosion in a bus between Kiryat-Gat and Beersheba, resulting in injury to 26 passengers and the detention of 80 persons from the West Bank and the Gaza Strip for interrogation was reported in Ha'aretz on 25 April 1977.

 

169. Demonstrations and strikes in Nablus on two consecutive days against the establishment of settlements in the occupied territories were reported in Ha'aretz and Ma'ariv on 27 and 28 April 1977.

 

170. An attack on Israeli vehicles on the road between Ramallah and Jerusalem was reported in Ha'aretz on 3 May 1977.

 

171. A demonstration against the establishment of a settlement near by and the subsequent curfew in Kabatiya and the killing of a 16-year old boy, Hilal Abu-Rub, and a 55-year old woman, Fatma Youssef Hamady, when Israeli soliders opened fire were reported in Ha'aretz, the Jerusalem Post and Ashab on 4 May 1977.

 

172. Demonstrations, riots and strikes in Nablus and a subsequent curfew were reported in Ha'aretz and the Jerusalem Post on 5 May 1977.

 

173. Strikes and demonstrations in Jenin, Ramallah and Kalandya were reported in Ha'aretz on 5 May 1977.

 

174. The arrest of 66 persons from the West Bank was reported in Ha'aretz on 5 May 1977.

 

175. Incidents in Nablus and Halhul were reported in the Jerusalem Post on 6 May 1977.

 

176. The incursion by security forces into a school in Jenin and the beating of pupils and teachers was reported in Ha'aretz, Ma'ariv and the Jerusalem Post on 9, 15 and 8 May 1977 respectively.

 

177. A demonstration in East Jerusalem was reported in the Jerusalem Post on 8 May 1977.

 

178. Demonstrations in Jenin were reported in Ma'ariv on 8 and 15 May 1977.

 

179. The discovery of an explosive charge in Ramallah was reported in the Jerusalem Post and Ha'aretz on 11 May 1977.

 

180. A demonstration by the inhabitants of the village of Deir-Abu-Mash'al in Ramallah was reported in Ha'aretz on 11 May 1977, Ma'ariv on 12 May 1977 and the Jerusalem Post on

17 May 1977.  The events that provoked this demonstration were described by Mr. Eytan Grosfeld in his testimony before the Special Committee on 26 May 1977.  Mr. Grosfeld was in the village during these events, which consisted largely of a series of nightly incursions into the village by uniformed armed men, alleged to be members of the Israeli armed forces (A/AC.145/RT.86).

 

181. The sudden summoning of the inhabitants of Kalandiya refugee camp at midnight by the Israeli Army to persuade them not to riot was reported in Ha'aretz on 12 and 24 May 1977.

 

182. Demonstrations, strikes and a subsequent curfew in Nablus were reported in the

Jerusalem Post on 16 May 1977.

 

183. Strikes and demonstrations in Jenin were reported in the Jerusalem Post and Ha'aretz on 16 May 1977.

 

184. A strike and demonstrations in Ramallah and El-Bireh were reported in the Jerusalem

Post on 16 May 1977.

 

185. A demonstration by secondary school girls in Ramallah was reported in Ha'aretz on

17 May 1977.

 

186. A riot by students in East Jerusalem was reported in Ha'aretz on 17 May 1977.

 

187. An explosion near Nablus was reported in Ha'aretz on 17 May 1977.

 

188. The arrest of 79 persons from Ramallah, Jenin, Hebron and the Jordan Valley was reported in the Jerusalem Post on 22 May 1977.

 

189. An explosion in Jerusalem was reported in Ha'aretz on 29 May 1977.

 

190. Demonstrations and strikes in Nablus were reported in Ha'aretz, Ma'ariv and the

Jerusalem Post on 6 June 1977.

 

191. A business strike and demonstrations in Hebron, Ramallah, El-Bireh and Bir-Zeit were reported in Ha'aretz and Ma'ariv on 5 and 6 June 1977.

 

192. The discovery of an explosive charge in East Jerusalem was reported in the Jerusalem

Post on 7 June 1977.

 

193. The closing down of seven shops in Hebron and 15 shops in Ramallah in reprisal for participating in a strike on 5 June was reported in the Jerusalem Post and Ha'aretz on

8 June 1977.

 

194. The arrest of three persons from the Golan Heights was reported in Ma'ariv on 8 June 1977.

 

195. The discovery of an explosive charge in East Jerusalem was reported in Ha'aretz on

13 June 1977.

 

196. The explosion of a charge under an Israeli car in Hebron and the discovery of an explosive charge in Nablus were reported in Ha'aretz on 19 June 1977.

 

197. The arrest of 64 persons from the West Bank was reported in the Jerusalem Post on

29 June 1977.

 

198. The arrest of seven persons from Gaza was reported in the Jerusalem Post and Ha'aretz on 6 July 1977.

 

199. The explosion of a bomb in Petah-Tikva was reported in the Jerusalem Post on 7 July 1977.

 

200. The firing of a tear-gas shell by Israeli soldiers during prayers at the Ibrahimi mosque was reported in the Jerusalem Post on 13 July 1977.

 

201. An explosion in Jerusalem was reported in the Jerusalem Post on 17 July 1977.

 

202. An explosion at Nahriya was reported in the Jerusalem Post on 21 July 1977.

 

203. An explosion in Jerusalem was reported in the Jerusalem Post on 21 July 1977.

 

204. The arrest of eight persons from Nablus and Ramallah was reported in the Jerusalem

Post and Ha'aretz on 31 July 1977.

 

205. The arrest of several youths from East Jerusalem was reported in Ma'ariv on 31 July 1977.

 

206. The arrest of eight persons from East Jerusalem was reported in Ha'aretz on 3 August 1977.

 

207. The arrest of 14 persons from Awarta village, near Tulkarm, was reported in Ma'ariv on 3 August 1977.

 

208. The discovery of an explosive charge in East Jerusalem was reported in the Jerusalem

Post on 8 August 1977.

 

209. An explosion in Nablus was reported in the Jerusalem Post on 8 August 1977.

 

210. The killing of Ismail Hassan Hammed, 27, a Palestinian, by Israeli forces during a clash near Halhul, was reported in the Jerusalem Post and Ha'aretz on 14 August 1977.

 

211. The arrest of 11 persons from the West Bank was reported in the Jerusalem Post on

17 August 1977.

 

212. The tossing of a hand-grenade at a military vehicle in Nablus was reported in Ha'aretz on 18 August 1977.

 

213. The arrest of two groups of bedouin from the Sinai was reported in Ha'aretz on

18 August 1977.

 

214. The arrest of the Mayor of Beit-Jalla and three of his councillors and their subsequent release was reported in the Jerusalem Post on 22 August 1977.

 

215. The arrest of several merchants in Nablus was reported in the Jerusalem Post and Ha'aretz on 25 August 1977.

 

216. An explosion in Gaza was reported in the Jerusalem Post on 28 August 1977.

 

217. An explosion in East Jerusalem was reported in the Jerusalem Post on 28 August 1977.

 

218. The arrest of 11 persons from the West Bank was reported in the Jerusalem Post on

2 September 1977.

 

219. The arrest of a "terrorist cell" in the Gaza Strip was reported in Ha'aretz on

4 September 1977.

 

220. A demonstration in Nablus was reported in Ha'aretz on 4 September 1977.

 

221. The bricking-up of the home of a suspect, Salman Showky, from Nablus, by the Israeli Army was reported in the Jerusalem Post on 6 September 1977.

 

222. The arrest of three local policemen from Jericho was reported in the Jerusalem Post on 11 September 1977.

 

223. The bricking-up of the home of a suspect, Harbi Hassan Mustafa El-Hudur, in the village of Biddu, near Ramallah, resulting in his family of seven, with children aged 1 to 8, rendered homeless, was described in a report received by Mrs. Felicia Langer on 12 October 1977.

 

224. The arrest of 31 persons from the West Bank and Gaza was reported in the Jerusalem

Post on 19 September 1977.

 

225. The killing of two persons from Gaza by the Israeli Army as a result of an incident where a soldier was attacked by one of the eventual victims was reported in the Jerusalem

Post on 20 September 1977.

 

226. The demolition of the house belonging to the parents of Khader Taweh, a suspect in Beit-Hanina, was reported in the Jerusalem Post on 20 September 1977.  The incident provoked a protest by the Mayor of Jerusalem to the Military Government who apologized and reportedly asserted that the Army had not realized that the house was within the boundaries of Jerusalem as defined by the occupying Power.

 

C.  Information on treatment of civilians in detention 

 

227. The Special Committee received numerous reports concerning treatment of civilians who are in detention.  The following paragraphs contain a representative cross-section of those reports; for the purposes of easier analysis, they are arranged according to three different phases of detention, namely: during and immediately after arrest and during interrogation; during trial; and during imprisonment.

 

1. Information on treatment of civilian detainees during and immediately after 

arrest and during interrogation 

 

228. The Special Committee heard the testimony of Mrs. Lea Tsemel during its meetings from 16 to 26 May 1977. At those meetings Mrs. Tsemel communicated her experience as Counsel for a considerable number of civilians accused of security offences (A/AC.145/RT.82-86).  Mrs. Tsemel described the provisions of the Security Instructions promulgated by the Israeli Army which provide, inter alia, for the detention of persons without trial for specified periods.  Under these provisions it is possible for a civilian to be detained for periods up to six months after obtaining appropriate court orders to prolong custody.  According to Mrs. Tsemel, detainees are held without trial until they either make a statement admitting their guilt or they communicate such information as the services concerned expect of them. These services are normally the Israeli Security Service or the Military Intelligence Service.  In most cases where allegations of torture were made to her the victims referred to their interrogators as agents other than members of the police force.  Mrs. Tsemel observed that these interrogators invariably addressed each other in names such as "Abu …", which were Arabic names and obviously meant to disguise their real identity.  Thus, the police officials as such only came into contact with a detainee after the services concerned had completed their interrogation.  For all intents and purposes, during the period mentioned, a detainee is under the sole control of his interrogators.  Mrs. Tsemel pointed out that during this period, which lasts varying lengths of time, a detainee is inaccesible.  Such procedures as may exist to ensure access by a lawyer are only implemented at the discretion of the interrogator, who normally refuses access on the grounds that this would interfere with the conduct of the interrogation.  Mrs. Tsemel stated that in her experience virtually all allegations of torture refer to this period; she expressed her opinion that some 30 per cent of those persons who are taken into custody are subject to torture, while another 30 per cent are subjected to beatings.  Mrs. Tsemel referred to a number of cases that she had handled in which evidence of torture during interrogation existed.

 

229. The following are sample cases of those quoted by Mrs. Tsemel:

(a) Ibrahim Asad Muntaleb Hamaisi, 70, was arrested on 3 June 1976 and first seen by Mrs. Tsemel, as Counsel, on 1 July 1976.  Mrs. Tsemel gave a description of the treatment that Hamaisi had received during his interrogation and referred to scars that were shown to her allegedly resulting from electric shocks being administered during interrogation. The interrogation presumably took place in Hebron Prison.

(b) Sirhan Salaima, 21, was arrested on 16 March 1976 and was still on trial on 18 May 1977.  Mrs. Tsemel communicated to the Special Committee a description of the treatment received by Salaima during his interrogation, including the use of hypnosis, as attested to by Dr. Kleinhaus who testified in military court on 7 February 1977.

(c) Khaled Zawawi was visited by Mrs. Tsemel in Ramallah prison when he informed Mrs. Tsemel of his interrogation on 11 January 1976, during which he was beaten on the head by his interrogator.  This treatment was repeated on 24 and 25 January 1976, when he was forced to write a request to leave the country, a request that was subsequently suspended after an appeal was made to the Supreme Court on 15 February 1976 to stay the expulsion.  Mrs. Tsemel also stated that conditions of custody during this period were the same as those while serving a sentence.  The only difference was that detainees were not obliged to work and, in cases of prisons located outside the occupied territories, no prison uniform was required.  Women detainees awaiting trial, however, were obliged to work.

 

230. The Special Committee took note of a report appearing in the Sunday Times of London on 19 June 1977, entitled "Israel tortures Arab prisoners: special investigation by INSIGHT" (see A/32/132-S/12356, annex).  On the invitation of the Special Committee the Sunday Times agreed that two of the members of the team who had conducted the inquiry would appear before the Special Committee to establish the authenticity of their report and to furnish the Special Committee with further clarification of the information contained in the article.  On 6 and 7 September 1977 Mr. Paul Eddy and Mr. Peter Gillman appeared before the Special Committee (A/AC.145/RT.87-90).  Messrs. Eddy and Gillman confirmed the contents of the report and described procedures followed by them in securing evidence relevant

to their assignment.  They stressed their view that, in allegations of torture, absolute proof cannot exist.  They expressed the opinion that it was during interrogation that torture is administered; they referred to the 44 cases upon which they had conducted research.  According to them, interrogations are handled by the Israeli Security Service and/or the Military Intelligence.  They felt that torture followed a certain pattern with differences related to the prison where it took place.  A common practice was that of humiliation of the detainee by subjecting him to debasing treatment.  The following are sample cases of those quoted by Messrs. Eddy and Gillman:

 

(a) Omar Abdel Karim, arrested on 3 October 1976 and charged with belonging to a Palestinian resistance organization.  He was detained for four months and described his torture during interrogation.

(b) Ghassan El Harb, arrested in April 1974 and charged with belonging to an "illegal organization", also alleged systematic torture during interrogation.  He was released in 1977.

(c) Rasmieh Odeh was, according to a description given by her father to Messrs. Eddy and Gillman, savaged in the course of her interrogation.

 

231. The Special Committee took note of the article entitled "Flawed Insight on torture" by David Krivine, appearing in the Jerusalem Post Magazine on 5 August 1977 which reported as follows:

"What the Government refrains from saying – and should be saying openly – is that physical force is applied by security services where necessary, and that they do practice rigid secrecy … that to get information from a particularly recalcitrant suspect, rough treatment may be used.  He may, according to my information, be pushed about, he may have his face slapped, he may be blindfolded.  He may be stripped and have his manliness mocked by a girl soldier to make him feel small.  He can be kept in isolation, he can be threatened with a dire fate; he can be subjected to other psychological pressures."

 

The Special Committee notes that the purpose of Mr. Krivine's article was to show that there was no recourse to a policy of torturing suspects.

 

232. The Special Committee also took note of the statement contained in the annual report for 1976 of the International Committee of the Red Cross, according to which delegates are not allowed to interview detainees during the period of interrogation following arrest.

 

2. Information on treatment of detainees during trial 

 

233. In the course of her testimony before the Special Committee, Mrs. Tsemel described the procedures envisaged in the applicable Security Instructions regulating the conduct of trials.  While their respective approaches to the presentation of evidence differed, Mrs. Tsemel's testimony confirmed that given by Mrs. Felicia Langer and summarized in the last report of the Special Committee (A/31/218, sect. IV, B).  Mrs. Tsemel informed the Special Committee that article 9 of the Security Instructions allowed considerable flexibility of the military tribunal in selecting procedures to follow in regulating a trial.  She quoted as an example the case of Ibrahim Hamaisi, whose daughter, 10-11 years of age, was allowed to testify in court against her father, but whose testimony describing her father's appearance when escorted to the house after interrogation was not admitted, thus depriving the defence from evidence of ill-treatment suffered while under interrogation.  Mrs. Tsemel made the point that in spite of the apparent legal precautions built into the Security Instructions, the application of these remedies was virtually non-existent.  Thus, virtually all persons arraigned in the military tribunals are found guilty; their conviction is always based on a statement purporting to confess to the offences as charged, no heed being given to the principle that confessions should be supported by corroborative evidence to constitute acceptable grounds for conviction.  In addition, Mrs. Tsemel referred to article 78 of the Security Instructions, which states:

"(a) A soldier is entitled to arrest, without a warrant of arrest, any person who has transgressed the instructions in the present Order, or against whom there are grounds for suspecting that he has committed an offence against the present Order.

 

"…

"(c) Regarding a person who has been arrested by virtue of subparagraph (a), a warrant of arrest, concerning him, should be issued within a reasonable lapse of time; were a warrant of arrest not issued within 96 hours from the time of his arrest – he shall be released.

"(d) A police officer is authorized to issue a warrant of arrest in writing for a period not exceeding 7 days.

"…

"(f) (1) A military court is authorized to issue a warrant of arrest

                in writing for a period not exceeding 6 months;

 

                (2)  Were a warrant of arrest, as aforesaid, issued for a period

                shorter than 6 months, the military court is entitled to extend

                it several times, provided that the accumulated periods of

                detention do not exceed 6 months."

 

Referring to the legal tests for validity of a statement of confession, Mrs. Tsemel stated that the procedure known as a "trial within a trial" (see A/31/218, paras. 117 and 118) had become useless, if not counterproductive.  Several cases in which Mrs. Tsemel appeared resulted in much higher sentences being imposed upon those accused who had ventured to challenge the validity of their confessions, on the ground that those statements were extracted after they were subjected to duress.  With regard to the imposition of long sentences, Mrs. Tsemel pointed out that in military courts, in cases where a guilty plea is entered, a confession is included in the procès verbal and taken into account in determining the severity of the sentence.  Thus the commonly accepted remedy of a "guilty" plea to minimize the length of a sentence is not available to an individual accused in a military court. The criteria applied by the courts in determining guilt in cases of alleged membership of an illegal organization are arbitrary, according to Mrs. Tsemel.  The record of the military tribunals indicates that a simple expression of intention is accepted by the tribunals as proof of full membership in an organization: thus statements like "I did not refuse" or "I agreed" are held to be sufficient to establish full and active membership, even in cases where evidence is provided to show that the accused not only did not, in fact, become a member, but that it was physically impossible for him to have acted as a member.  Mrs. Tsemel pointed out the practice, still resorted to, of demolishing or bricking up the house where the family of a suspect lived.

 

234. The Special Committee took note of the testimony by a member of the delegation of the Swiss League for Human Rights who attended a trial in the military tribunal in Lod on 29 June 1977, giving details of the charges brought against the four accused, aged 16 and 17 years, and their being condemned to between two and six years' imprisonment after being found guilty on all counts, and this on the strength of their own confessions.

 

3. Information on treatment of civilians during imprisonment

 

235. In her oral testimony before the Special Committee and in written testimony submitted during the same period (16-26 May 1977), Mrs. Tsemel gave a detailed description of conditions in some prisons with which she was familiar through clients of hers serving sentences in those prisons.  A detailed description was given of the conditions existing in Ramle Prison, Beersheba Prison, Shatta and Ashkelon.  According to these descriptions, these prisons were seriously overcrowded inmates were severely beaten periodically, sometimes as a collective reprisal against, for example, an attempt to commit an act or the commission of some act by one or a group of inmates and, in other instances, for no apparent reason.  This was the situation, for example, in Ramle Prison during the period 1968-1970; after a lull, between 1970 and 1973, treatment became harsher again, but it did not reach the extent prior to 1970.  Descriptions of these and other prisons are contained in written evidence submitted by Mrs. Tsemel further to her oral testimony and submitted to the Special Committee (A/AC.145/R.113 and Add.1).  The common use of the tsinok as a means of punishment or coercion of detainees was referred to by Mrs. Tsemel.  (A tsinok has been described as an extremely small cell with minimum light and air; descriptions of dimensions have varied, but a common feature has been the claim that such cells prevented an inmate from lying down.)  The condition in which a detainee is kept while in tsinok were described as extremely severe.  The Applicable military orders impose a limit of two weeks' maximum punishment, to be served in two parts of one week each with an interval of one week.  In spite of this, Mrs. Tsemel quoted cases where detainees were kept in tsinok for much longer Periods, as, for example, in the case of Hani Fouad Zorba, 29, from Nablus, who spent 75 days in a tsinok between 7 June and 22 August 1976.

 

236. The Special Committee also took note of a number of reports appearing in the Israeli press purporting to describe prison conditions.  Among these reports are the following: "Flawed insight on torture", by David Krivine, appearing in the Jerusalem Post Magazine of 5 August 1977; the report dated 7 July 1977 by Bernard Edinger of Reuters News Service and partly reproduced in the Jerusalem Post on 8 and 10 July 1977; and a series of articles by Leif Silbersky of Stockholm, Sweden, received by the Special Committee on 15 September 1977, giving an account of meetings with detainees.  The Special Committee notes that these reports appeared after the publication of the Sunday Times inquiry on 19 June 1977 and they are all Linked to that inquiry either directly or indirectly.  The Special Committee noted, however, that Mr. Edinger was allowed to visit Gaza Prison (selected for him by the Israeli authorities) which he described as very clean and well-kept and the inmates as "well-fed".  The report of Mr. Edinger covers a visit by him to Gaza Prison lasting approximately six hours.

 

237. The Special Committee took note of the following information appearing in the annual report of the International Committee of the Red Cross for 1976:

"The major problem encountered in 1976 was overcrowding.  This had become alarming and was adversely affecting all conditions of detention.  The delegates made repeated approaches to the detaining authorities asking them to remedy the situation.  However, no tangible result had been obtained by the end of the year."

 

238. The Special Committee took note of the statement by the Israeli Commissioner for Prisons, Brigadier Haim Levi, appearing in Ma'ariv and the Jerusalem Post on 4 February 1977 to the effect that prisons were far too congested, quoting statistics of space available as, for example, Hebron Prison, where a detainee was given space of less than

1 m², Ramle Prison, 2.6 m², and Beersheba Prison, 4.2 m², the average space in other countries being in the order of 8 m².

 

239. Numerous reports have appeared in the Israeli press of incidents in prisons resulting in the death of detainees, as, for example, the report in Ma'ariv and Ha'aretz on 28 December 1976 concerning the murder of a detainee in Nablus Prison, the report in Ha'aretz and the Jerusalem Post of 6 February 1977 of the murder of a detainee in Beersheba Prison at the hands of fellow-inmates and the report in Ashab on 14 January 1977 of an attempt to escape from Ramle Prison by four detainees.

 

240. Reports were received of the hunger strike at Ashkelon Prison which began on 10 December 1976 and lasted well into May 1977 with a short break during February/March, in protest against prison conditions and in an effort to secure improvements in these conditions, as a minimum to have equal conditions between detainees from the occupied territories and Israeli Jewish detainees.  The Special Committee received extensive detailed reports, including an affidavit, from Mrs. Felicia Langer, who communicated her knowledge of the situation of the detainees obtained in her capacity as Counsel for one of the alleged leaders of the hunger strike.  This information included details of the treatment meted out to her client, Mohammed Bseso, in reprisal against the prisoners' action, including severe beatings administered, inter alia, by the Director of Shata Prison, Mr. Ben Sabo. The Special Committee received reports of widespread reaction among detainees in other prisons, in sympathy with the Ashkelon strike.  These included the reports appearing in the Jerusalem Post on 9 March 1977 of a strike by 200 detainees at

Jenin Prison; in the Jerusalem Post on 15 March 1977 of a strike at Ramallah Prison and in the Jerusalem Post of 16 March 1977 of the 24-hour hunger strike at Ramle Prison.

 

241. The Special Committee took note of reports of plans to improve conditions in the prisons, the most recent being that appearing in the Jerusalem Post on 8 August 1977 quoting the Minister for the Interior, Mr. Burg, and the Commissioner of Prisons, Mr. Levi; another report appearing in Ma'ariv on 21 September 1977 made reference as follows, to:

"… improvements introduced in the jails in the territories several months ago, following a visit held by the Defence Minister Mr. E. Weizmann to those prisons".

 

On the other hand, allegations of severe prison conditions continue to be made to the Special Committee.

 

                                   V.  QUNEITRA

 

242. In its report to the General Assembly at its thirty-first session, the Special Committee reported on the implementation of resolution 3525 C (XXX) by which the Assembly had requested the Special Committee to undertake a survey of the destruction in Quneitra and to assess the nature, extent and value of the damage caused by such destruction (A/31/218, sect. V and annex III).  To enable it to carry out its mandate, the Special Committee had engaged the services of Mr. Eduard Gruner of Gruner S.A., Basle, Switzerland, to conduct the survey of damage in Quneitra (for qualifications of Mr. Gruner, see A/31/218, annex III).

 

243. At its thirty-first session, the General Assembly adopted resolution 31/106 D by which it requested the Special Committee to complete its survey on all the aspects referred to in statements made by the representative of the Syrian Arab Republic before the Special Political Committee, including those not covered by the report of the expert or not falling within the scope of his assignment.

 

244. At its first series of meetings after the adoption of this resolution, the Special Committee discussed its implementation and decided to engage Mr. Gruner to conduct the supplementary survey requested by the General Assembly.  In so doing, it requested Mr. Gruner to undertake the survey in accordance with the following mandate:

 

(a) To examine the evaluation of the damages resulting from the deliberate destruction by Israel of the structures in the town of Quneitra, as it appears in the Supplementary Statement made in the Special Political Committee at its twenty-fifth meeting on 22 November 1976 (A/SPC/31/SR.25) by the representative of the Syrian Arab Republic and, having taken into consideration his own evaluation (see A/31/218, annex III), to establish his definite conclusions on these aspects of the destruction in Quneitra;

 

(b) To proceed to the evaluation:

 

(i) Of the damages resulting from the loss of furniture as a result of the deliberate destruction by Israel of the structures in the town of Quneitra, as listed hereunder:

 

a.  Houses and annexes thereto;

 

b.  Shops;

 

c.  Offices;

 

d.  Clubs;

 

e.  Cinemas;

 

f.  Mosques;

 

g.  Churches;

 

h.  Public places and buildings (in particular schools and hospitals);

 

i.  Other structures;

 

(ii)  Of the damages resulting from the deliberate destruction by Israel of the public works in the town of Quneitra, in particular the streets of the town;

(c) To take into account in carrying out the task defined in subparagraph (b) (i) and (ii) above:

 

  (i) The evaluation set out in the Supplementary Statement by the representative of the Syrian Arab Republic in the Special Political Committee at its twenty-fifth meeting on 22 November 1976 (A/SPC/31/SR.25);

 (ii) The information furnished by the Government of the Syrian Arab Republic in response to the request of the Special Committee on 26 February 1977, referring to the categories of furniture described in subparagraph (b) (i);

(iii) His own evaluation;

 

and to formulate his own definite conclusions thereon;

 

(d) To submit to the Special Committee, if possible by 27 May 1977, a complete

report on the points referred to above and on any other points that may be eventually communicated to him by the Special Committee.

 

At its series of meetings from 16 to 26 May 1977, the Special Committee discussed a progress report by the expert and held consultations with representatives of the Syrian Arab Republic on certain aspects of the survey. Mr. Gruner submitted his report to the Special Committee on 30 June 1977.  The report was considered by the Special Committee at its meetings from 5 to 7 September 1977 when it decided that the report should be transmitted as part of the Special Committee's main report under General Assembly resolution 31/106 C.  The report of Mr. Gruner contains details requested by the Special Committee on each element not covered in the previous survey.  The report is contained in annex II.  Mr. Gruner's report gives the following evaluation of damage:

                                 VI.  CONCLUSIONS

 

245. The information received by the Special Committee since the adoption of its last report (A/31/218) and summarized in section IV confirms that the situation in the occupied territories has not altered from preceding years.  The Government of Israel, according to this information, continues to implement a policy of annexation and settlement of the occupied territories; the day-to-day situation of the civilians in these territories remains tense and daily life is marked with a pattern of incidents, demonstrations, riots and other forms of violence directly attributable to the fact of occupation.  Chronological narrative of daily occurrences, including violence appearing in section IV, (see paras. 87 to 226), is adequate illustration of this.  Moreover, persons under detention do not enjoy the protection that is envisaged for them under applicable international law.

 

246. A significant development during 1977 has been the emergence of a policy followed by the occupying Power which would assume that the territories in question are not occupied territories.  This belief is itself at the root of the thesis held by the Government of Israel that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,15/ does not apply to the occupied territories.  The Special Committee has had occasion in previous reports to rebut this thesis and it is universally recognized that the Convention applies to the territories occupied as a result of the hostilities in the Middle East of June 1967, as may be attested to by the resolutions adopted by the General Assembly to that effect, the most recent being resolution 31/106 B, adopted on 16 December 1976, and the traditional stand taken by the International Committee of the Red Cross that the Convention is applicable as repeatedly attested to in its annual reports.  In addition, the Special Committee has endorsed the right of the Palestinian people to self-determination which was recognized in several General Assembly resolutions on the subject, including resolution 181 (II).  The current policy of the Government of Israel vis-à-vis the occupied territories is more explicit when examined in the light of the statements made by the Prime Minister and other members of the Government and the decisions taken – which continue to be taken – to establish Israeli settlements in the occupied territories and to implant Israeli civilians in them.  Thus, the Special Committee has noted the continued preparation of detailed plans to settle the occupied territories as formulated by the Minister of Agriculture, Mr. A. Sharon, according to which a number of

settlements are to be established in all parts of the occupied territories over the next 20 years.  These settlements are to be linked by a network of highways. Similarly, the plans established by the Jewish Agency and formulated by the head of the Settlement Department of that Agency, Mr. Ra'anan Weitz, would cover three regions and are based on agricultural settlements:  the three regions are the Northern, incorporating the Golan Heights, the Eastern, covering the Jordan Valley, and the Southern, which sets out plans for the settlement of the Southern Gaza-Northern Sinai area.  In the same context, the Special Committee has noted a significant increase in reports of expropriation and purchase of land in the occupied territories, including reports of Government budgetary appropriations for this purpose.  The Special Committee would point out that such purchases are invalid and this regardless as to whether the land involved was owned by the Government or by individuals.  This illegality stems from the fact that military conquest and occupation are not recognized as bestowing valid title to property.

 

247. The Special Committee notes that the policy followed by the Government of Israel in the occupied territories regarding changes in territory continues to have a corresponding trend as regards persons.  Thus, although no reports of deportation were noted during 1977, the Government of Israel continues to deny the right to return to the hundreds of thousands of civilians who fled their homes in the occupied territories during and after the 1967 hostilities.  There remains, therefore, a serious demographic vacuum in the occupied territories.  The twin policies under which territory and persons are governed in the occupied territories result in changes not only in the physical character but also in the demographic character of these territories.  The Special Committee sees no sign whatsoever that this pattern will change in the foreseeable future.  It notes with concern that the process has accelerated in recent days with the establishment of eight new settlements in the occupied territories, bringing the total number of settlements to 84, and reports, as recent as 12 September 1977, that nearly 10,000 Israeli citizens were settled in the occupied territories, not including those in occupied East Jerusalem.  It is of particular concern to the Special Committee that current international reaction to the establishment of Israeli settlements tends to be limited to those settlements recently established; the Special Committee would emphasize its opinion that each one of the settlements established to date is contrary to articles 47 and 49 of the Geneva Convention,16/ as are all measures

taken in occupied Jerusalem.

 

248. In the second part of section IV above, the Special Committee gave a cross-section of the information received by it illustrating the effect that the occupation was having on the day-to-day life of the civilian population.  An examination of this cross-section shows that incidents occur practically every day and a constant cycle has evolved between the occurrence of incidents, the corresponding measures of reprisal, consequent arrests, trials and imprisonment. This cycle involves thousands of civilians from the occupied territories and extends to all areas of these territories, including the Golan Heights, where very few

civilians hae remained since the June 1967 hostilities.  The frequency of occurrence of such incidents also reflects a recurrent harassment of the civilian population.  During the period covered by this report, phenomena such as the incident at Deir Abu Mash'al have come to light whereby the entire population of a village is subjected to constant nightly incursions into their villages by groups of uniformed persons.  The witnesses who appeared before the Special Committee and referred to this incident were categorical that groups engaged in these incursions were uniformed personnel, ostensibly from the Israeli Army.  The reports received by the Special Committee reflect an increasing tendency for Israeli troops to resort to unnecessary force in controlling demonstrations against the occupation. Several reports provided corroboration, for example, of the brutality used in Ramallah in March 1977 against schoolchildren who had demonstrated against the occupation.  This tendency is further confirmed by other reports of brutality in controlling demonstrations by youths in other towns.  In addition, the Special Committee has taken note of the following information concerning the destruction of houses during 1976 appearing in the annual report of the International Committee of the Red Cross (ICRC) of that year:

 

"No destruction of houses was brought to the notice of ICRC between 7 January and 21 April 1976.  Subsequently, however, the occupying Power destroyed further dwellings in breach of articles 33 and 53 of the fourth Convention.16/ As far as ICRC knows, 21 houses were destroyed or bricked up in 1976, depriving 109 people of their homes (61 on the West Bank of the Jordan and 48 in the Gaza Strip).  In each case the delegates protested to the Israeli authorities and made sure that the inhabitants had been decently rehoused.  When necessary they gave tents and blankets to the affected families."

 

The Special Committee would add that the practice of bricking up houses of suspects continues up to the time of the adoption of this report.

 

249. The pattern of arrests that emerges over the period covered by this report will indicate a constantly swelling prison population.  The concern voiced by the Special Committee in earlier reports about overcrowded conditions were confirmed this year by the Commissioner General of Prisons for Israel, Mr. H. Levi, in a statement reported on 4 February 1977.  According to the report of ICRC for 1976, the number of prisoners detained for security offences was almost 3,000.  The report states that overcrowding was the "major problem encountered in 1976".  As referred to by the Special Committee in section IV, the ICRC report characterizes the overcrowding as "alarming" and as "adversely affecting all conditions of detention".  According to the ICRC report, in spite of the "repeated approaches" to the authorities to remedy the situation, no tangible results had been obtained by the end of 1976.  The Special Committee noted a significant increase in the number of persons released from prison and a noticeable corresponding increase in the turnover of prison population.  Thus, the overcrowded situation in these prisons persists.  In spite of occasional statements of plans to expand prison accommodation, no action has been reported to date.  The situation in prisons has given rise to concern during the period covered by this report mainly because of the series of hunger strikes that occurred in Ashkelon Prison and other prisons in the occupied territories.  The duration of the Ashkelon hunger strike itself (from December to May with minor interruptions) reflects the seriousness of the situation of the detainees involved.  In that context, the Special Committee had already on 5 March 1977 communicated its concern to the Secretary-General and requested him to undertake specific measures in an effort to bring pressure on the Israeli authorities and to contact ICRC with a view to improving the situation in the prisons (see annex III).  The testimony of Mrs. Tsemel adds important details derived from her extensive experience as a lawyer for persons accused and convicted of offences against security, describing the situation in various prisons.  Some of these details are contained in descriptions appearing in a written statement to Mrs. Tsemel's testimony and reproduced in document A/AC.145/R.113 and Add.1.

 

250. The Special Committee has exercised deliberate caution in the past in expressing its views on one aspect of the treatment of detainees in the occupied territories.  In its report of 1976, it stated, as follows:

 

"… the indications that cases of torture have occurred and continue to occur are very strong and the international community cannot afford to connive at a continuation of such an abhorrent practice.  The sporadic efforts undertaken by the Israeli authorities – far outnumbered by the serious allegations – have been shown to be insufficient; the same may be said of the ICRC's efforts which, the record shows, have not arrested the increase in the frequency of allegations of torture over the nine years since the occupation" (A/31/218, para. 351).

 

251. Accordingly, the Special Committee's examination of witnesses appearing before it this year and speaking on the subject of the treatment of detainees was conducted with the same caution.  The record of evidence appearing in section IV gives a cross-section of the evidence given before the Special Committee.  The subject of the treatment of detainees, especially with reference to torture, received international attention following a report in the Sunday Times of London on 19 June 1977.  The contents of the article and the controversy it provoked in the form of correspondence and articles responding critically to that report are well known.  The Special Committee examined the report and other articles provoked by it and decided to issue invitations to their authors.  Thus, it invited the

Sunday Times to allow members of the Insight team to appear before it, and invited also the reporter from the Jerusalem Post, Mr. David Krivine, and another reporter from Reuters World News Service, Mr. Bernard Edinger.  Accordingly, the Special Committee heard the testimony of Mr. Paul Eddy and Mr. Peter Gillman, two of the members of the Insight inquiry team, who had conducted the greater part of the investigation inside the occupied territories.  In hearing these two witnesses, the Special Committee in the first instance sought to find out whether the two journalists had had previous interest or special concern about the entire gamut of developments in the Middle East and learnt that they had had little such involvement in the past.

 

252. The Special Committee, evaluating the over-all position, came to the conclusion that the two journalists had conducted their inquiries over a period of four months with a sense of near clinical detachment.  Accordingly, the two journalists had made inquiries from witnesses and discarded evidence which appeared to them unsatisfactory.  The work undertaken by the Insight team and the procedure followed by them in securing their information convinces the Special Committee that the Insight report constitutes valid evidence.  In all the circumstances, the Special Committee is obliged to go beyond the conclusion it reached in last year's report (A/31/218) and has no option but to state that a strong prima facie case has been established that detainees in occupied territories are subjected to treatment which cannot be described as other than torture.

 

253. In order to give itself the most ample range of information on the question of torture, the Special Committee gave equal consideration to the other reports which were provoked by the Insight report.  Of these, the Special Committee examined a report entitled "Flawed insight on torture" by Mr. David Krivine, a correspondent of the Jerusalem Post.  (The report appeared in the Jerusalem Post Magazine on 5 August 1977.) Mr. Krivine did not accept the Special Committee's invitation to appear before it and to communicate to it the material he collected in conducting his own inquiry; his report, however, reflects that physical force is indeed applied by security services "where necessary" and that interrogation procedures are accompanied by violence.  The Special Committee has not been able to establish Mr. Krivine's criteria for determining what constitutes torture or what is understood by "physical force" referred to in his report.  The Special Committee is of the view that universal standards of human rights concerning the application of cruel and inhuman treatment are one and are to be applied universally; no distinction can be tolerated as to degrees of "acceptable" or "unacceptable" physical abuse, particularly of persons in detention.  The Special Committee also examined a report on a visit to Gaza prison by Mr. Bernard Edinger of Reuters World News Service which was published in the Jerusalem Post on 8 and 10 July 1977.  The Special Committee regrets that Reuters News Service did not accept the Special Committee's invitation to Mr. Edinger to appear before it.  In the absence of clarification of certain points in Mr. Edinger's report, the Special Committee does not find the report sufficiently descriptive of the situation of detainees during interrogation and during imprisonment.  Moreover, the Special Committee notes that

Mr. Edinger's report was censored by the Israeli military censor to the extent of 166 words removed because "they disclosed Israeli Army interrogation techniques". In addition, the version of Mr. Edinger's report as published in the Jerusalem Post omitted several paragraphs that were in the original version as issued by Reuters World Service.  The Special Committee remains profoundly concerned at the absence of any sign of improvement in the treatment of detainees.  At the root of this concern is the apparent lack of sensitivity or appreciation by the authorities for the basic rights of the individuals who are in detention.  The Special Committee notes with concern the tendency to tolerate forms of ill-treatment of persons. This tendency is based on an apparent liberal interpretation of the terms "torture" and "ill-treatment".  It notes, for example, references of this nature in both the articles mentioned in this paragraph.  The Special Committee finds it intolerable that such liberties are taken with such a fundamental principle of human rights intended to safeguard the physical safety and human dignity of the individual.  The Special Committee must, therefore, repeat even more emphatically the observation it made in its last report that the international community can no longer afford to ignore the manifest and serious violations of human rights which detainees are subjected to by the Israeli authorities in the occupied territories.

 

254. The Special Committee has examined the information furnished to it by Mrs. Tsemel on the safeguards foreseen in the applicable security instruments intended to protect persons accused in the military tribunals.  This and other information obtained from various sources confirm the Special Committee's opinion that these procedures do not find practical application.  Among the procedures envisaged to protect the accused, the Special Committee noted Mrs. Tsemel's remarks on judicial remedy available to detainees by applying, in certain instances, to the Supreme Court of Israel.  According to her evidence and other evidence received by the Special Committee, these remedies have been invariably thwarted by pre-emptive steps taken by the executive authority through its agents in the military and security services.  It is convinced that persons arraigned in military tribunals do not get a fair trial and would urge that non-Israeli observers, possibly representatives of ICRC, attend trials regularly.

 

255. The Special Committee took note of a report in the Sunday Times of London on 18 September 1977 concerning the role of ICRC in inspecting detainees and acting as a safeguard against the physical abuse of detainees.  This report, entitled "What the Red Cross secret reports say", is the most recent of the disclosures provided by the original Insight Inquiry.  According to this report, ICRC delegates have filed some 550 reports of their visits to prisoners from the occupied territories. The Insight team states that it obtained 336 of these reports and inspected 80 in addition.  The report states that at least 200 formal complaints of ill-treatment or torture were passed to the Israeli authorities by Red Cross delegates.  The report gives details on the content of some of these ICRC reports.  This information confirms the conclusions reached by the Special Committee at that time that detainees were indeed being subjected to torture.  Furthermore, the Special Committee notes with serious concern the information contained in the same report to the effect that some time in 1969 ICRC agreed to modify their reports on complaints and to substitute these with generalizations.  The reason attributed by the Sunday Times report for these modifications was because some of the ICRC reports "had been leaked at the United Nations".  Secondly, and at the same time, ICRC agreed that before any of its delegates would take up any complaint of torture the person concerned must first be willing to repeat his allegations to Israeli army officers, who could cross-question the person.  According to the Sunday Times report, since this agreement between ICRC and the Israeli authorities, complaints of torture dropped to an average of about six a year.

 

256. The Special Committee has had occasion to comment in past reports on the efficacy of the existing arrangements for protecting prisoners against ill-treatment and torture.  The information referred to in the preceding paragraph would confirm that these arrangements are totally ineffective and in no way provide even the least protection of prisoners.  For these reasons the Special Committee would urge a total revision of the existing procedures and renewed efforts at securing new and more effective arrangements.  Until such time, members of the General Assembly must appreciate the fact that the prisoners in the occupied territories are at the absolute mercy of the Israeli authorities.

 

257. The information reproduced in section IV and the assessment made in the preceding paragraphs reflect the continuing deterioration of the situation in the occupied territories.  This deterioration is noticeable in the three areas of concern to the Special Committee, namely that concerning the policy of annexation and settlement of the occupied territories, that of the day-to-day life of the civilians in the occupied territories and that of the treatment of detainees.  The occupied territories continue to be the subject of a policy inspired by the "homeland" doctrine; thus the number of settlements continues to grow, as does the number of Israeli civilians living in the occupied territories.  To these phenomena the Special Committee would add new elements that have come to light during 1977, especially the construction of major roads linking the extreme areas of the occupied territories.  Thus a picture continues to emerge which reflects definitive policies

to change the physical character and the demographic composition of the occupied territories.  The situation of the civilians living in the occupied territories continues to deteriorate as the frequency of incidents which affect day-to-day life continue to increase.  In some areas the civilian population is directly subjected to interference by the occupying Power, such as those who are expelled from certain areas in occupied Jerusalem; in other areas interference is indirect, such as in the village of Deir Abu Mesh'al.  The most serious deterioration recorded by the Special Committee during 1977 has been that of the civilians who are in detention. The numerous reports confirming that ill-treatment of detainees occurs frequently during interrogation, as well as the unsatisfactory manner in which trials are conducted and the situation of detainees in overcrowded prisons are matters of distress to the Special Committee.

 

258. The Special Committee would once more appeal to the international community, through the General Assembly, to assume its responsibilities to end the occupation, thereby safeguarding the most fundamental of the human rights of the population of the occupied territories.  Pending the early termination of the occupation, the Special Committee recommends that a suitable mechanism be established to safeguard the human rights of the civilian population who have been exposed for such a long time to military occupation.  In this context the Special Committee would refer to the proposal made by it since its first report.17/  In addition, and in view of the serious deterioration in the situation of detainees, the Special Committee would urge the General Assembly to ensure that a mechanism similar to that suggested by ICRC of establishing commissions of inquiry be set up (ICRC Press Release No. 1303 of 19 September 1977).

 

                           VII.  ADOPTION OF THE REPORT

 

259. The present report was approved and signed by the Special Committee on 17 October 1977 in accordance with rule 20 of its rules of procedure.

 

(Signed) O. GOUNDIAM (Senegal)

I. B. FONSEKA (Sri Lanka)

B. BOHTE (Yugoslavia)

Notes

 1/ Official Records of the General Assembly, Twenty-fifth Session, agenda item 101, document A/8089.

 2/ Ibid., document A/8237.

 3/ Ibid., Twenty-sixth Session, Annexes, agenda item 40, document A/8630.

 4/ Ibid., Twenty-seventh Session, Annexes, agenda item 42, document A/8950.

 

 5/ Ibid., Twenty-eighth Session, Annexes, agenda item 45, document A/9374.

 6/ Ibid., Twenty-ninth Session, Annexes, agenda item 40, document A/9872.

 7/ Ibid., Thirtieth Session, Annexes, agenda item 52, document A/10461.

 8/ Ibid., Thirty-first Session, Annexes, agenda item 55, document A/31/399.

 9/ Ibid., Twenty-fifth Session, agenda item 101, document A/8089.

10/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.

11/ United Nations, Treaty Series, vol. 75, p. 135.

 

12/ United Nations, Treaty Series, vol. 249, p. 215.

13/ William M. Malloy, compiler, Treaties, Conventions, International Acts,

Protocols and Agreements between the United States of America and Other Powers, 1776-1909 (Washington, D. C., U.S. Government Printing Office, 1910), vol. II, p. 2,042.

14/ Ibid., p. 2,267.

15/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.

16/ Ibid.

17/ The Special Committee, in each of its reports, has recommended:

"(a) That the States whose territory is occupied by Israel appoint immediately either a neutral State or States, or an international organization which offers all guarantees of impartiality and effectiveness, to safeguard the human rights of the population of the occupied territories;

"(b) That suitable arrangements be made for the proper representation of the interests of the large population in the occupied territories which has not yet been given the opportunity of exercising the right of self-determination; and

"(c) That a neutral State or international organization, as described in (a) above, be nominated by Israel and be associated in this arrangement."

Under this arrangement, the States or States or international organization so nominated might be authorized to undertake the following activities:

"(a) To secure the scrupulous implementation of the provisions relating to human rights contained in the Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949, and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and in particular to investigate and determine the facts in the case of allegations of the violation of the human rights provisions of these Conventions or of other applicable international instruments;

"(b) To ensure that the population of the occupied territories is treated

     in accordance with the applicable law;

"(c) To report to the States concerned and to the General Assembly of the United Nations on its work."

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