Human rights situation in the OPT – CHR Special Rapporteur on arbitrary executions – Report (excerpts)

QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL

AND OTHER DEPENDENT COUNTRIES AND TERRITORIES

Extrajudicial, summary or arbitrary executions

Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted

pursuant to Commission on Human Rights resolution 1995/73

     *  In view of its length, the present document is being issued in the original language only, the Conference Services Division of the United Nations Office at Geneva having insufficient capacity to translate documents that greatly exceed the 32-page limit recommended by the General Assembly (see Commission resolution 1993/94, para. 1).

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Introduction

4. The present report, the thirteenth report since the mandate was established in 1982, is the fourth report presented by Mr. Bacre Waly Ndiaye, and is submitted pursuant to Commission on Human Rights resolution 1995/73 entitled "Extrajudicial, summary or arbitrary executions", which was adopted without a vote on 8 March 1995.

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I.  THE MANDATE

A.  Terms of reference

7. Resolution 1995/73 of the Commission on Human Rights requests the Special Rapporteur "to continue to examine situations of extrajudicial, summary or arbitrary executions".  The same resolution requests the Special Rapporteur "to continue to pay special attention to extrajudicial, summary or arbitrary executions of children and women and to allegations concerning violations of the right to life in the context of violence against participants in demonstrations and other peaceful public manifestations or against persons belonging to minorities".  In addition, the Commission also requests the Special Rapporteur to continue monitoring the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment (…)".

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III.  SITUATIONS

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B.  Country situations

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Israel

274. Although there has been a decrease in the number of allegations of extrajudicial, summary or arbitrary executions, information brought before the Special Rapporteur suggests that violations of the right to life by the Israeli Defence Forces have not ceased.  (In this regard, the Special Rapporteur would like to note that information has also been received about killings committed in Israel by the Islamic Resistance Movement (Hamas)).

275. For more detailed information on the situation of human rights in Israel, the Special Rapporteur refers to the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (A/50/463) and that of the Special Rapporteur on the situation of human rights in the occupied Arab territories, including Palestine (E/CN.4/1996/18).

276. During the period under review, the Special Rapporteur transmitted one urgent appeal regarding conditions of detention in Khiam prison, allegedly in territory under Israeli command, and transmitted eight cases of alleged extrajudicial executions to the Government.  The victims were mainly Palestinians and included two minors, shot dead by Israeli Defence Force soldiers.

Allegations transmitted

277. On 3 April 1995, a joint urgent appeal was sent by the Chairman of the Working Group on Arbitrary Detention, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on torture, after receiving information about the situation of prisoners held at the Al-Khyam prison, in the Marjouyum region of South Lebanon, territory reported to be controlled by the Israeli Defence Forces.  Reference was made to the death in custody and the death shortly after his release of Selim Awada and Ali Al-Ghoul, who died in September and December 1994, respectively.

278. The following Palestinians were reportedly killed during 1995 by soldiers of the Israeli Defence Forces:  Ziyad Khalil Nassar Al-Umarein, allegedly killed at a permanent military check-point at the entrance of Al-Duboya; Muhammad Khamis'Asi, 17 years old, Ashraf Suleiman Mafarja, 'Isa Sa'id 'Asi and 'Ali Isma'il'Abd Mafarja, reportedly shot dead in Ramallah; Ibrahim Khader Ibrahim Id'Ies, 16 years old, reportedly killed at a military check-point near the settlement of Tel Al-Rumeida.

279. In addition, the Special Rapporteur also transmitted the case of Abdulsamad Harizat, who reportedly died in Hadassah Hospital in Jerusalem as a result of head injuries sustained during interrogation by the Israeli General Security Services at the Maskubia prison in Jerusalem.

Government replies

280. By letter dated 30 May 1995, the Permanent Mission of Israel to the United Nations provided a reply to the joint urgent appeal, stating that the  Khiam prison has always been and remains solely under the control of the South Lebanon Army (SLA), and that all inquiries should be addressed to them.  

Follow-up

281. The Special Rapporteur addressed a letter of reminder to the Government of Israel in respect of those cases to which a reply had not yet been received (22 August 1995).

Observations

282. The Special Rapporteur expresses his concern about the continuous reporting of killings of children by the Israeli Defence Forces.  He calls upon the authorities to investigate the allegations, to bring the perpetrators of the violations to justice and to take measures to prevent the recurrence of such violations.

283. With regard to the situation in Al-Khyam prison, the Special Rapporteur would like to reiterate that according to the information received, the Israeli forces are in control in that area.  He also emphasizes that State responsibility goes beyond its actual territory, as far as its forces are concerned.

284. The Special Rapporteur hopes that further negotiations between the Israeli Government and the Palestinian authorities will continue, despite the senseless assassination of Prime Minister Yitzak Rabin.  He hopes that the peace process will bring to an end violent attacks by extremists on both sides.  In addition, he urges the authorities to address human rights issues in the framework of the peace process, and stressed the need to give special attention to the protection of the right to life and to the fight against impunity.

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C.  Other

Palestinian Authority

537. The Special Rapporteur received information about the creation of a new military tribunal to combat violent opposition to the Middle East peace process.  Reportedly, human rights organizations have requested the Palestinian authorities to dismantle the new military tribunal, which is said to have secretly tried suspected Islamic militants.  According to information received, defendants tried before such courts have no right to a proper defence or to a fair and public trial.

Allegations transmitted

538. On 20 September 1995, the Special Rapporteur sent an urgent appeal to the Permanent Observer Mission of Palestine to the United Nations, requesting the Palestinian authorities to adopt all necessary measures to protect the life and physical integrity of Bassem Eid, a researcher at B'Tselem, a human rights organization.  Reportedly, he had received threats after B'Tselem had published a report detailing activities of the "Palestinian Preventive Security Service" (PSS).

539. On 13 October 1995, the Special Rapporteur transmitted the case of Muhammad Ahmad Muhammad Hussein Al-Jundi, reportedly killed on April 1995 after having been arrested by Palestinian police and detained in the Gaza central prison on suspicion of being involved in the killing of six Fatah members in Jabalyia refugee camp.  It was alleged that he was handed over to the Fatah "Hawks" on 1 April 1995, and reportedly killed in Jabalyia refugee camp.  At the time the present report was finalized no replies had been received from the Palestinian Authority.

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