Independence of judges and lawyers – Report of the Special Rapporteur (Gabriela Knaul)HRC 17th session – Communications with Governments (excerpts)

 Report of the Special Rapporteur on independence of judges and lawyers, Gabriela Knaul

  I.  Introduction 

1.  The present report supplements the main report submitted by the Special Rapporteur on the independence of judges and lawyers to the Human Rights Council (A/HRC/17/30). It reflects specific situations alleged to be affecting the independence of judges or lawyers or violating the right to a fair trial in 44 countries and 1 another actor. Further, it includes replies received from the Government of the country concerned in response to specific allegations together with the Special Rapporteur’s comments and observations.

2.  The report presents summaries of the urgent appeals and allegation letters transmitted by the Special Rapporteur to governmental authorities between 16 March 2010 and 15 March 2011, and of the press releases issued during the same reporting period. During this period, the Special Rapporteur sent a total of 97 communications and issued 6 press statements on situations of particular concern or to highlight a specific event. ² In this connection, the Special Rapporteur wishes to emphasize that the communications presented in the report exclusively reflect allegations she received and subsequently acted upon. Allegations containing insufficient information, and falling outside the scope of the mandate, or on which due to time or other constraints the Special Rapporteur was not in a position to act, are not included in the report. 

3.  A summary of the replies received from States concerned during the period between 1 May 2010 and 10 May 2011 is also provided. In certain instances, the Government’s response was obtained late and referred to allegations that were presented in the previous report (A/HRC/14/26/Add.1). In those cases, the Special Rapporteur has included the respective replies in the section of communications received including a summary of the communication sent, in order to facilitate the reader’s comprehension. Furthermore, translations of replies which had not been received within the required delay to be included in last year’s report are also summarized in the present report. 

/…

/…

/…

 III.  Summary of cases transmitted and replies received 

/…

. 

   Israel 

   Communication sent 

612.  On 26 March 2010, the Special Rapporteur, together with Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 and Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, sent an urgent appeal concerning the detention and interrogation of 13 Palestinian minors at Al Jalame Interrogation and Detention Centre, notably A.S., male, 16 years old, from a village near Qalqiliya, West Bank; M.A., male, 16 years old, from Bethlehem, West Bank; S.K, male, 16 years old, from a village near Tulkarm, West Bank; A.A, male, 16 years old, from Nablus, West Bank; A. ‘A, male, 16 years old, from Nablus, West Bank; M.S., male, 17 years old, from Nablus, West Bank; A.S., male, 17 years old, from a village near Qalqiliya, West Bank; M.Z., male, 17 years old, from a village near Qalqiliya, West Bank; M.S, male, 16 years old, from a village near Salfit, West Bank; T.K, male, 17 years old, from Nablus, West Bank; M.R’, male, 17 years old, from Hajja village, near Qalqiliya, West Bank; U.M., male, 17 years old, from a village near Qalqiliya, West Bank and M. A, male, 16 years old, from Tulkarm Refugee Camp, West Bank. 

613.  The above-mentioned 13 individuals were removed from their homes in the occupied Palestinian territory and taken to Al Jalame, which is an interrogation and detention centre located in northern Israel, near the city of Haifa. Reports indicate that cell no. 36 of Al Jalame is used to hold minors in solitary confinement in order to extract confessions. Minors held at Al Jalame for interrogation are denied access to a lawyer and do not receive family visits. 

614.  On 10 February 2008, A.S. was arrested by Israeli soldiers from his family home around 7:00 a.m. He was blindfolded and his hands were tied behind his back with plastic ties. A.S. was transferred to an Israeli military base at Soufin, near Qalqiliya where he was examined by a doctor. Reports indicate that A.S. was beaten by soldiers at the military base. Later on the same day, A.S was transferred to Huwwara Interrogation and Detention Centre and then to Al Jalame Interrogation and Detention Centre. There, he was allegedly put in a very small cell for the following 15 days. Information received suggests that A.S. had been interrogated for three days. For an entire day, his hands and feet were tied to the wall in the shape of a cross which caused severe pain and the swelling of his hands. He had to urinate in the cell. Subsequently, A.S. was transferred to Damoun prison. Abed Saleem was released from detention on 10 December 2009. 

615.  On 25 February 2008, M.A. was arrested by Israeli soldiers from his family home around 2:00 a.m. He was blindfolded and his hands were tied behind his back with plastic ties before he was placed on the floor of a jeep for transfer. M.A. was first taken to a military checkpoint at Etzion Junction, in the West Bank. M.A. was reportedly slapped and kicked by a soldier for around five minutes at the checkpoint. M.A. was later transferred to Etzion Interrogation and Detention Centre and Ofer prison, in the West Bank, where he had been interrogated for eight days. Subsequently, he was transferred to Al Jalame Interrogation and Detention Centre, where he was detained for 25 days in total. During the first five days, he was put in a cell by himself. Afterwards, he was interrogated and was made to sit on a metal chair which was tied to the floor and his hands were tied behind his back. The interrogator, who introduced himself as “Chris”, told him that there were people who had confessed against him. During the interrogation, which lasted about one hour, the interrogator was shouting in M.A.’s face to make him confess, but he refused to. On the 18th day of his detention, he was again interrogated. After the interrogator threatened M.A. that his mother and siblings would be arrested, he confessed of throwing stones and Molotov cocktails. After he had confessed, they took him out of the cell and put him in a normal cell. After his confession, M.A. was transferred to Telmond Prison, near Tel Aviv. M.A. was accused of being a member of a banned organisation. His current situation and condition are unknown. 

616.  On 10 March 2008, S. K. was arrested by Israeli soldiers from his family home around 3:00 a.m. He was blindfolded and his hands were tied behind his back with plastic ties. He was then placed in a jeep for transfer to Salem Interrogation and Detention Centre and subsequently to Al Jalame Interrogation and Detention Centre. S. K was put in a cell with another child, in which he stayed for 14 days. The cell was very small for two persons and had dim yellow lights and two holes in the ceiling for ventilation. The walls were grey and rough so that one could not lean back against them. It was very hot inside the cell. The food, which was insufficient for two persons, was slipped through a small hole in the door. After two weeks, two additional persons were brought into the cell, which enhanced the overcrowding in the cell. The inmates only left the cell for interrogation or proceedings to extend the periods of imprisonment. On 13 March 2008, S.K. was taken out of the cell for interrogation. S.K. was made to sit on a very small chair from midday to 6 p.m. His hands were tied behind his back which caused pain. He was allowed to go to the bathroom once. The interrogation was conducted by an interrogator whose name was reportedly Ran. He was then taken back to the cell and not being interrogated for another week. After that period, he was again brought for interrogation where he was confronted with a confession of one of his friends against him. Then, the interrogator wrote S.K.’s statement in Hebrew and asked him to sign it but he refused. Instead, S.K. asked to write his own statement in Arabic. This interrogation lasted for one and a half hours. After the interrogation, S.K. was transferred to Telmond Prison, near Tel Aviv. S.K. was accused of firing at soldiers and was sentenced by a military court to 30 months imprisonment. He is currently being detained and is scheduled to be released on 10 September 2010. 

617.  On 23 April 2008, A.A.was arrested by Israeli soldiers from his family home at 2:00 a.m. Abed Akrout’s hands and legs were tied. A soldier grabbed A.A.by the hair and pushed him towards a jeep, banging his head against the bonnet, before putting him inside on the floor of the vehicle. A.A.was first taken to Huwwara Interrogation and Detention Centre and then Al Jalame Interrogation and Detention Centre. Upon arrival, he was taken to a room where his hands were tied from the back to a small chair, which was fixed to the floor. The interrogator, who introduced himself as “Franco”, spoke Arabic and stated that he ordered Abed Akrout’s arrest. A.A.was then put in solitary confinement and when he was interrogated again, he was once slapped hard in the face. Consequently, A.A.confessed to firing at a military jeep with a handgun. Eight days after being arrested, the Al Jalame military court extended Abed Akrout’s detention period for another eight days. After his court appearance to extend his detention, A.A.was put in a very small cell where it was very difficult to sleep. The walls were painted grey and had some protrusions. The light was very dim. A.A.spent 65 days by himself in this cell. At the end of the 65 day period, A.A.was taken to the interrogator who asked him to write another statement about the shooting incident with more details this time. He promised that if A.A.wrote it, he would allow him to call his family. A.A.did what the interrogator told him and was allowed to talk to his family. Shortly after writing the statement, A.A.was transferred to Telmond Prison. A.A.was charged with shooting at a military vehicle and sentenced by an Israeli military court. He is still being detained and is scheduled be released on 23 April 2010. 

618.  On 12 August 2008, A.’A., was arrested by Israeli soldiers from his family home around 2:00 a.m. He was taken out of the house and began calling to his mother to say goodbye, whereupon he was slapped violently on the neck by a soldier. A.’A. was blindfolded but not tied and was pushed into a jeep and made to sit on the floor. He was first taken to Huwwara Interrogation and Detention Centre and then to Al Jalame Interrogation and Detention Centre. Several weeks before being arrested, A.’A. reportedly found an unexploded device on the ground which he picked up causing it to explode. He lost two fingers from his right hand which was still bandaged at the time of his arrest. He was first taken before an interrogator upon arrival at Al Jalame and was told that he should confess to all charges to be brought against him as otherwise he would not have the bandages around his hand changed and therefore his hand would rot. Afterwards he was taken to a small cell, which had no ventilation. The cell, which was reportedly called cell no. 36, had holes for ventilation only; it had no windows. A.’A. slept on a mattress on the ground. The cell had one dimmed yellow light that was kept on for 24 hours a day. The walls were grey, and had rough surfaces, so it was difficult to lean against them. A.’A. was kept in the cell for two days before being taken back for interrogation. For the interrogation, he was seated on a small chair. His feet and his left hand were tied to the chair. His right hand was kept free due to the injury. A.’A. was kept tied in this manner for a long time in the room without being interrogated or asked anything. “I will keep you alone until you rot,” the interrogator said. During interrogation, the interrogator shouted at A.’A. and threatened him again that he would not change the bandages and would let his hand rot. Subsequently, A.’A. confessed different offences as he wanted to end the interrogation. On 4 September 2008, A.’A. was transferred to Telmond and then Megiddo Prison. A.’A. was charged with being a member of a banned organisation and sentenced by a military court. A.’A. was released on 12 February 2010. 

619.  On 30 October 2008, M.S. was arrested by Israeli soldiers from his family home around 1:30 a.m. Soldiers ordered everybody out of the house and one soldier threatened M.S. that anybody found inside the house would be shot at. M.S.’s hands were tied behind his back with plastic ties and a sack was placed over his head before he was placed on the floor of a jeep for transfer. During this transfer, M.S. was kicked and beaten by soldiers inside the vehicle. M.S. was first transferred to Huwwara Interrogation and Detention Centre and then to Al Jalame Interrogation and Detention Centre. M.S. was taken to cell 36, which was small and measured about 3×2 metres. There was a toilet inside the cell, but no shower. A mattress was on the floor. The walls were grey and rough. A yellow dim light was lit 24 hours a day, which hurt the eyes. He was kept for four days in the cell. He was given food through a hole in the door. Four days later, he was taken to the interrogation room, which had a desk and computer. There was a metal chair tied to the floor and placed in front of the desk. Shackles were also attached to the back of the chair. M.S. was forced to sit on the chair and his hands were tied behind his back with the shackles. M.S. was kept in this room sitting on the chair for about an hour, during which time no one was in the room except for him. One hour later, an interrogator who introduced himself as “Victor” entered the room and asked M.S. about his cell. When M.S. informed him about the cell, the interrogator told him that if he wants to get out of the cell, he would have to cooperate with the interrogator. He was then asked about his activities and when M.S. stated that he had not done anything endangering security he was taken back to the cell. The next day, M.S. was taken again for interrogation. He was accused of conspiracy to carry out a suicide bombing, possession of weapons, and throwing home-made grenades, which M.S. denied. The interrogator said that M.S.’s friends have already confessed. For ten days, M.S. was taken every day for interrogation, which followed the same scheme. On the 10th day of interrogation, M. S. confessed to all accusations made against him so as to get out of the cell. These include conspiracy to carry out a suicide bombing, possession of weapons, manufacturing of explosives, throwing home-made grenades, stones and Molotov cocktails. M.S. spent four more days in cell no. 36 before being transferred to Telmond, Megiddo and Damoun prisons. M.S. was sentenced by a military court to 45 months imprisonment and fined NIS 1,000. (US$250). M.S. is still being held inside Israel and is scheduled to be released on 3 July 2012. 

620.  On 13 January 2009, A.S. and two friends went to throw stones at settler cars travelling on the by-pass road between Qalqiliya and Nablus, to protest the Israeli offensive in Gaza. One of the boys was killed when the stone he threw bounced back off a car and struck him in the head. The remaining boys flagged down a passing car for help. The car they flagged down belonged to a guard from a local Israeli settlement who called the army to arrest the boys. The arriving soldiers tied A.S.’s hands so tight they began to swell and turn blue. A.S. asked the soldiers to loosen the ties but they refused. A.S. was first taken to Ariel Police Station, then to Huwwara Interrogation and Detention Centre and then to Al Jalame Interrogation and Detention Centre. A.S. was taken to a small cell at Al Jalame. It had one yellow light that was on for 24 hours a day. It did not have any windows; only ventilation holes. The walls were grey, and had a rough surface. A.S. stayed inside this cell for 20 days. A.S. was interrogated three times, during which he confessed to having thrown stones three times. During interrogation, the interrogator shouted at him. A.S. had to sit with his head down and his hands were tied behind his back. The Al Jalame military court extended A.S.’s detention twice. After 20 days, A.S. was transferred to Megiddo Prison. A.S. was charged with throwing stones. He was convicted by a military court on 27 December 2009. His release is scheduled for 13 December 2011. 

621.  On 13 January 2009, M.Z. went with A.S. and another minor to throw stones at a settler by-pass road in protest at the Israeli offensive in Gaza (see above). One of the boys was killed when he was struck in the head by a rock. The other boys were arrested. Soldiers blindfolded M.Z. and tied his hands painfully tight. M.Z. was first transferred to Ariel Settlement, then Huwwara Interrogation and Detention Centre and then Al Jalame Interrogation and Detention Centre. He was kept in a small cell at Al Jalame, which had some gaps for ventilation and a bathroom. The light was yellow and dim and on around the clock. The walls were grey and had a rough surface so that a person could not lean against them. He was kept in the cell until 18 January 2009. On that day, he was taken out of the cell for the first time. He was taken to an interrogation room and made to sit on a small chair tied to the floor. They tied his hands to the chair and behind his back. He was kept in this position for about four hours, during which time he confessed to throwing stones twice and a Molotov cocktail once. M.Z. signed a statement that was written in Hebrew. During interrogation, the interrogator kept shouting at him and threatened him to break his head. After the interrogation, he was taken to another cell, which was in the basement. He had to sleep on the floor in this cell, which was very cold. The next day, he was again taken to the interrogation room to meet with the same interrogator. He told the interrogator the same as he told him before. After 20 days in Al Jalame, M.Z. was transferred to Megiddo Prison. M.Z. was charged with throwing stones at Israeli cars. He was convicted by a military court on 27 December 2009. His release is scheduled for 13 December 2011.

622.  On 21 January 2009, Israeli soldiers raided M.S.’s house but he was not there. The next day, he voluntarily gave himself up to the soldiers. M.S. was then picked up by soldiers in his village and transferred to Yakir Military Base. He was not tied or blindfolded. He was then transferred to Huwwara Interrogation and Detention Centre and then to Al Jalame. There, he was kept in a narrow cell that had no windows, just some gaps for ventilation. The walls were grey. The light was dim and yellow. It had a bathroom and a concrete bed. He spent two days in the cell without being asked anything. Afterwards, he was taken to an interrogator. The interrogator seated M.S. on a metal chair and tied his hands to the chair behind his back. He was accused of throwing Molotov cocktails and stones. M.S. was then taken back to the cell, and kept there for 24 hours. Then he was taken back to the interrogation room and the same interrogator. The interrogator said that he would help him because he turned himself in. M.S. confessed to throwing Molotov cocktails and stones. M.S. was held for 20 days in Al Jalame before being transferred to Megiddo Prison. He was accused of throwing Molotov cocktails and was sentenced by a military court to 28 months imprisonment. M.S. is scheduled to be released on 22 May 2011. 

623.  On 22 January 2009, T.K.was arrested by Israeli soldiers from the family home around midnight. He was pushed to the ground and his hands were tied tightly behind his back with plastic ties. T.K.was blindfolded and made to sit on the floor of a jeep for transfer. T.K.was first transferred to Huwwara Interrogation and Detention Centre before being transferred to Al Jalame Interrogation and Detention Centre. From 22 to 25 January 2009, T.K.was kept in a small cell of approximately 3×2 meters. Its walls had a rough surface and they were grey; so one could not lean against them. It had no windows; only gaps for ventilation. The cell had only one dim yellow light that was lit the whole time and hurt the eyes. The cell had a toilet but no shower. He was provided with food through a hole in the door. On 25 January 2009, T.K.was taken to an interrogation room. There was a small metal chair in this room which was difficult to sit on. He was ordered to sit on this chair that was tied to the ground, and he was tied to the chair. He sat in this room for about an hour without being asked anything. Afterwards, an interrogator speaking fluent Arabic entered the room and told T.K.to confess. If he confessed he would be treated well. The interrogator made several accusations against him but T.K.did not confess to anything. This interrogation lasted about an hour. Afterwards, he was taken back to the cell and kept there for two weeks. He was not allowed to leave the cell. After two weeks, he was told that the interrogation was over and that he would be moved to a regular cell with the other detainees. T.K.was placed in a room with eight detainees, in addition to two detainees of his age. The room was big and sufficiently ventilated; it also had a television. In this cell, where he stayed for five days, T.K.signed confessions written by an informant who claimed to be from the West Bank and a security detainee in charge of the detainees. Afterwards, T.K.was taken back to the cell and the interrogation room, where he was seated again on the same metal chair. He was again tied. The same interrogator entered the room with his signed confessions. T.K.was then taken back to his cell where he spent 13 days, during which he was taken to the interrogation room every two days. T.K.confessed to all accusations made against him by giving a statement to the police. On 22 February 2009, T.K.was transferred to Megiddo Prison. T.K.was convicted by a military court to 42 months of imprisonment. He is scheduled to be released on 22 July 2012.

624.  On 30 January 2009, M.R. was arrested by Israeli soldiers from the family home around 1:30 a.m. M.R. had his hands tied behind his back and was made to sit on the ground for about half-an-hour, before being blindfolded and placed in the back of a truck. The truck arrived at a military base and M.R. was taken to a clinic. At the entrance to the clinic a soldier grabbed the back of his head and slammed it against the clinic door, causing bruising to his forehead and resulting in a headache. Inside the clinic the doctor asked him a few general questions and filled in a questionnaire. M.R. hands were then retied and he was blindfolded again and taken outside where he was made to sit on his knees on the ground until around 10:00 a.m., a period of at least five hours. Afterwards, M.R. was transferred to Huwwara Interrogation and Detention Centre and then to Al Jalame Interrogation and Detention Centre. On arrival at Al Jalame, he was taken to cell 36 which measured about 2 x 2.5 metres. However, another detainee was already inside the cell. As the cell was very narrow, the two detainees had difficulty to sleep. The walls of the cell were grey and had rough surfaces so that one could not lean against them. There were no windows, just one gap for ventilation. A yellow dim light was lit 24 hours. M.R. remained in cell 36 for over two days before being taken for interrogation on 1 February 2009. M.R. was not tied and was seated in an ordinary chair. The interrogator asked him why he endangered State security. M.R. replied that he had not done anything to endanger State security. The interrogation lasted 15 minutes and he was then taken back to cell 36 for another day. On 2 February 2009, M.R. was taken by a prison guard to another part of the detention centre where three other children were located and conditions were good. While in this section, M.R. informed two men, who introduced themselves as a detainee working with the Red Cross (Abu Taha) and the Fateh representative in the prison (Abu al-Abed), that he had thrown stones at Israeli cars and military vehicles. On 5 February 2009, M.R. was taken back to cell 36. Half-an-hour later he was taken back to the interrogation room and forced to sit on a small plastic chair that was tied to the floor. This time his hands were tied behind his back to the chair. The interrogator then accused M.R. that he had thrown stones at Israeli cars. When M.R. denied, the interrogator began shouting and said “I’ll beat the hell out of you if you don’t confess.” The interrogator then showed the confession that M.R. had given to the two men. M.R. then confessed to throwing stones but denied a further accusation of throwing Molotov cocktails. The interrogation lasted around three hours during which time M.R. was tied to the chair. At no time during the interrogation was Mohammad informed that he had any rights. After his interrogation, M.R. was moved to a larger cell where he remained until 23 February 2009, when he was transferred to Megiddo Prison. M.R. has not yet been sentenced. 

625.  On 24 February 2009, U.M. was arrested by Israeli soldiers from his family home around 12:30 a.m. U.M.’s hands were tied tightly behind his back and he was blindfolded before being placed inside a military vehicle. U.M. was first taken to Huwwara Interrogation and Detention Centre and then to Al Jalame Interrogation and Detention Centre. Upon arrival at Al Jalame, he was taken to a doctor who examined him and was then taken to a cell that measured about 2x 2,5 meters. The cell was closed from all sides and had only two gaps for ventilation. Its walls were grey and they had a rough surface so that it was difficult to lean against them. There was a toilet inside the cell. There were no mattresses and one had to sleep on the floor. U.M. was provided with food through a hole in the door. The light in the cell was yellow and dim. On 25 February 2009, he was taken to an interrogation room. An interrogator, who introduced himself as “Franco” was waiting for him in the room. U.M. was made to sit on a small low metal chair, which was tied to the floor in the middle of the room. U.M.’s hands were tied to the chair with shackles that were already tied to the chair. The interrogator asked U.M. general questions about his cousin, who had been arrested 25 days before. U.M. denied having done anything. In the course of the interrogation, the interrogator threatened U.M. to break his head if he did not confess. After the interrogation, U.M. was taken back to the cell where he remained for eight days without seeing anyone. Afterwards, he was taken to another section of the detention centre into a big room. While in this room, two persons approached U.M. and introduced themselves as Abu Taha (50) and Abu al-Abed (40). They WGEIDlayed a great interest in U.M.’s situation. Everything that U.M. told them was written down by Abu al-Abed. Afterwards, the prison guard took U.M. to the interrogation room where “Franco” was waiting with the papers Abu al-Abed had written earlier. U.M. first denied everything, but when the interrogator put pressure on him, U.M. confessed to all charges against him. On the same day, the police took his statement and U.M. was then taken back to the cell. After 40 days at Al Jalame, U.M. was transferred to Megiddo Prison. U.M. was accused of affiliation with a banned organisation and preparing a Molotov cocktail. U.M. has not yet been sentenced. 

626.  On 10 March 2009, M.A.was arrested by Israeli soldiers from the family home around 3:30 a.m. While getting dressed, a soldier hit M.A.in the neck causing him to fall to the floor. His hands were then tied with plastic cords behind his back and he was blindfolded. M.A.was then taken outside and placed on the floor of a waiting jeep. Once inside the jeep, M.A.was repeatedly kicked and slapped in the face for around five minutes. He was first transferred to Huwwara Interrogation and Detention Centre where he remained for six days before being transferred to Al Jalame Interrogation and Detention Centre. Upon arrival at Al Jalame, he was taken to cell 36, which was very small and measured about 3 x 2 meters. The walls were grey and had rough surfaces. There was a dim yellow light which was lit 24 hours per day inside the cell. M.A.had to sleep on the floor. The cell had no windows, only some gaps allowing the air to enter. The next morning, M.A.was taken for interrogation. An interrogator, who introduced himself as Roee, accused him of having contacts with an external informant. M.A.was tied to a low metal chair he was sitting on. When M.A.refused to confess, the interrogator said that he will be locked up in the cell. M.A.was then taken back to the small cell where he remained for five days. Afterwards, he was taken again for further interrogation. During the interrogation, the interrogator said that he knew everything about Monther Amarnah. When he denied the accusations, the interrogator started shouting and insulting him. Afterwards, M.A.was taken back to the cell. Three days later, M.A.was again taken for interrogation. This time, he confessed to having been in contact with an external informant due to the big pressure he felt from the interrogator. Later on, M.A.was moved to a larger cell and then to Megiddo Prison. M.A.was finally released from detention on 10 September 2009. 

   Communication received

627.  At the time this report was finalized, no response to this communication had been received.

   Communication sent 

628.  On 21 June 2010, the Special Rapporteur on the independence of judges and lawyers; Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, sent an allegation letter concerning the violent arrest, denied access to a lawyer as well as the use, or threatened use, of sexual assault during interrogations by Israeli security and law enforcement personnel against nine Palestinian children in order to extract confessions.

629.  Between January 2009 and April 2010, Israeli soldiers, policemen, Israeli Security Agency (ISA) interrogators and prison officers, have violently arrested, often from their homes, nine children aged between 13 and 16 years. These arrests have allegedly been accompanied by violence and property damage. During these arrests, children were reportedly blindfolded and their hands tied tightly behind their backs with plastic ties that have reportedly caused injuries in their flesh. 

630.  On arrival at interrogation and detention centres, children were allegedly denied access to a lawyer, for days or weeks, until the end of the interrogation process and once confessions were obtained. According to the information received, abusive and threatening techniques are being employed against Palestinian children during interrogation, including sexual assault and threats of sexual assault, in order to obtain confessions.

631.  Furthermore, children were reportedly made to sign confessions in Hebrew, a language few of them understand. According to the allegations received, these confessions constitute primary evidence against the children in military courts.

632.  According to reports received, the following children have been victims of the alleged incidences. The list below includes information about name, sex, age, occupation, nationality as well as date and place of arrest and place of sexual assault or threat of sexual assault: 

 1.  N.M.I.R. – Male, 15 years 

•  Student 

•  Resident of Qalqiliya, Occupied Palestinian Territory 

•  Arrested on 6 March 2009 from the family home near Qalqiliya 

•  Qedumim Settlement, Occupied Palestinian Territory 

 2.  I. A. I. Z’ – Male, 16 years 

•  Student 

•  Resident of Bethlehem, Occupied Palestinian Territory 

•  Arrested at on 4 May 2009 from the family home near Bethlehem 

•  Etzion Interrogation and Detention Centre, Occupied Palestinian Territory 

 3.  M. A. A.-H al-S – Male, 15 years 

•  Student 

•  Resident of Hebron, Occupied Palestinian Territory 

•  Arrested on 29 July 2009 from the family home near Hebron 

•  Kirya Arba Police Station, Occupied Palestinian Territory 

 4.  M.K.K.al-S. – Male, 16 years 

•  Student 

•  Resident of Hebron, Occupied Palestinian Territory 

•  Arrested at 2:00am, on 27 October 2009 

•  Arrested from the family home near Hebron 

•  Etzion Interrogation and Detention Centre, Occupied Palestinian Territory 

 5.  M.Z.M.al-Q. – Male, 15 years 

•  Student 

•  Resident of Hebron, Occupied Palestinian Territory 

•  Arrested on 6 January 2010 from the family home near Hebron 

•  Etzion Interrogation and Detention Centre, Occupied Palestinian Territory 

 6.  U.Z.Y. ‘E – Male , 13 years 

•  Student 

•  Resident of Ramallah, Occupied Palestinian Territory 

•  Arrested on 6 January 2010 at Qalandiya Checkpoint, near Ramallah 

•  Unknown location 

 7.  Q.F.M.H. – Male, 15 years 

•  Student 

•  Resident of Hebron, Occupied Palestinian Territory 

•  Arrested on 13 January 2010 from the family home near Hebron 

•  Unknown location 

 8.  A.S.I.S. – Male, 13 years 

•  Student 

•  Resident of Bethlehem, Occupied Palestinian Territory 

•  Arrested on 22 April 2010 from the family home near Bethlehem 

•  Unknown location 

 9.  S.A.Y. al-J. – Female, 16 years 

•  Student 

•  Resident of Ramallah, Occupied Palestinian Territory 

•  Arrested on 30 April 2010 at Anata checkpoint, near Jerusalem 

•  Anata checkpoint; an unknown location in West Jerusalem; and Neve Tertze prison, Israel. 

633.  Serious concern is expressed about the physical and mental integrity of the children listed above. In this connection, concern is expressed about the violent arrest of these Palestinian children and denied access to a lawyer during the detention period. Further serious concern is expressed about allegations of the use of abusive and threatening interrogation techniques, including sexual assault and threats of sexual assault, in order to obtain confession from children, which could then be used as primary evidence in military courts. 

   Communication received 

634.  At the time this report was finalized, no response to this communication has been received.

   Communication sent

635.  On 3 November 2010, the Special Rapporteur, jointly with the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Special Rapporteur on the situation of human rights defenders, sent an urgent appeal concerning the conviction of Mr. Ameer Makhoul. Mr. Makhoul is the General Director of Ittijah – a union of Arab community-based associations, a network of Arab NGOs in Israel which holds consultative status with the United Nations Economic and Social Council – and is also Chairperson of the Public Committee for the Defence of Political Freedom where he monitors restrictions on the political freedoms of Arab citizens in Israel. Mr. Makhoul was the subject of a previous Urgent Appeal by the Chair-Rapporteur of the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on the situation of human rights defenders sent on 21 May 2010. The response of your Excellency’s Government to the above appeal was received on 2 August 2010. 

636.  On 27 October 2010, Mr. Ameer Makhoul was convicted by Haifa district court of involvement in espionage operations with the Lebanese organization Hezbollah. It is reported that Mr. Makhoul was found guilty, subsequent to confession which formed part of a plea bargain reached between the prosecution and defence, on charges of contact with a foreign agent, espionage and aggravated espionage. Mr. Makhoul also pleaded guilty to charges of conspiracy to aid the enemy in a time of war, a charge which was later dropped. 

637.  Concern has been expressed that Mr. Makhoul may have confessed to these crimes as a result of torture or the use of other forms of violence against him while in detention. It is reported that Mr. Makhoul previously stated in the Magistrate's Court in Petah Tikva that he had admitted to false accusations under duress, due to the harsh methods of interrogation to which he was subjected. Said methods of interrogation reportedly included sleep deprivation and constant interrogation while being tightly bound to an undersized chair in such a way as to cause him extreme pain. 

638.  Mr. Makhoul is due to be sentenced in December. 

639.  Concern is expressed that the conviction of Mr. Ameer Makhoul may be related to his legitimate and peaceful human rights activities. Furthermore, in light of the allegations of ill-treatment and torture in detention, grave concern is expressed for Mr. Makhoul's physical and psychological well-being. 

   Communication received 

640.  At the time this report was finalized, no response to this communication has been received.

   Comments and observations of the Special Rapporteur 

641.  The Special Rapporteur regrets that no response to the three communications summarized above has been received to date. She considers response to her communications as an important part of the cooperation of Governments with her mandate, and calls upon the Government of Israel to transmit responses to the outstanding communications at the earliest possible date. 

/…

 Occupied Palestinian Territory 

   Communication sent

881.  On 29 April 2010, the Special Rapporteur, jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions; Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, sent an urgent appeal concerning the recent executions of Mr. Mohammad Ismaeil (el Saba') and Mr. Nasser abu Freih and the alleged imminent execution of several people who were sentence to death by the Gaza Military Court. 

882.  Mr. Mohammed Ibrahim Isma'il (al-Sabe'), aged 37 and a resident of Rafah, was sentenced to death on 3 November 2009, by the Gaza Military Court after he was convicted on charges of treason and involvement in a killing. He was partly convicted on the basis of his own confession which had allegedly been made as a result of torture.

883.  Mr. Nasser abu Freih, aged 34, was sentenced to death by the Gaza Military Court on 22 February 2009, after being convicted of charges of “collaboration with hostile parties”.

884.  It is reported that on 15 April 2010, the authorities in Gaza executed Mr. Mohammad Ismaeil (el Saba') and Mr. Nasser abu Freih. 

885.  The Special Rapporteurs have also received information that since 2007 the Gaza Military Court has sentenced several people to death after being convicted on charges of treason. These people are at imminent risk of execution including: (1) Emad Mahmoud Sa'd Sa'd, aged 25, a resident of the West Bank who was sentenced to death on 28 April 2008; (2) Wael Saéed Sa'd Sa'd, aged 27, a resident of the West Bank who was sentenced to death on 15 July 2008; (3) Mohammad Sa'd Mahmoud Sa'd, a resident of the West Bank who was sentenced to death on 15 July 2008. He was tried in absentia; (4) Ayman Ahmad Awad Daghamah, aged 28, a resident of the West Bank who was sentenced to death on 12 November 2008; (5) Mahran Abu Jodah, aged 28, a resident of Hebron who was sentence to death on 25 January 2009; (6) Anwar Bargheet, aged 59, a resident of Hebron who was sentenced to death 28 April 2009; (7) Saleem Mohammad El Nabheen aged 27, from Al-Boreij camp in Hebron who was sentenced to death 7 October 2009. He is currently being held at Gaza Central Prison; (8) Abed Kareem Mohammad Shrier, aged 35, from Gaza who was sentenced to death 29 October 2009. He is currently being held at Gaza Central Prison; (9) Izz El Din Rasem Abed El Salam Daghri, aged 38, who was sentenced to death on 9 November 2009, after being convicted on charges of treason.

886.  The Special Rapporteurs have previously addressed a communication dated 16 November 2009, to the authorities in Gaza regarding the case of Saleem Mohammed Saleem al-Nabahin, (A/HRC/13/39/Add.1, para 305) who was sentenced to death by a military court in Gaza, to which we are yet to receive a response. In that communication we expressed concern regarding imposition of the death penalty on grounds of treason and the provisions of Article 131 of the Revolutionary Penal Code which permits the imposition of the death sentence for conduct which does not involve intentional killing, as required by international law which restricts imposition of the death penalty to the most serious crimes. 

   Communication received 

887.  At the time this report was finalized, no response to this communication had been received.

   Comments and observations of the Special Rapporteur 

888.  The Special Rapporteur regrets the absence, at the time of the finalization of the report, of an official reply to the above-mentioned communication. She considers response to her communications as an important part of the cooperation with her mandate, and calls upon the Government of the Occupied Palestinian Territory to transmit responses to the above-mentioned communication. 

   Occupied Palestinian Territory (The Authorities in Gaza) 

   Communication sent 

889.  On 29 April 2010, the Special Rapporteur, jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions; Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, sent an urgent appeal concerning the recent executions of Mr. Mohammad Ismaeil (el Saba') and Mr. Nasser abu Freih and the alleged imminent execution of several people who were sentence to death by the Gaza Military Court. 

890.  Mr. Mohammed Ibrahim Isma'il (al-Sabe'), aged 37 and a resident of Rafah, was sentenced to death on 3 November 2009, by the Gaza Military Court after he was convicted on charges of treason and involvement in a killing. He was partly convicted on the basis of his own confession which had allegedly been made as a result of torture.

891.  Mr. Nasser abu Freih, aged 34, was sentenced to death by the Gaza Military Court on 22 February 2009, after being convicted of charges of “collaboration with hostile parties”.

892.  It is reported that on 15 April 2010, the authorities in Gaza executed Mr. Mohammad Ismaeil (el Saba') and Mr. Nasser abu Freih. 

893.  The Special Rapporteurs have also received information that since 2007 the Gaza Military Court has sentenced several people to death after being convicted on charges of treason. These people are at imminent risk of execution including: (1) Emad Mahmoud Sa'd Sa'd, aged 25, a resident of the West Bank who was sentenced to death on 28 April 2008; (2) Wael Saéed Sa'd Sa'd, aged 27, a resident of the West Bank who was sentenced to death on 15 July 2008; (3) Mohammad Sa'd Mahmoud Sa'd, a resident of the West Bank who was sentenced to death on 15 July 2008. He was tried in absentia; (4) Ayman Ahmad Awad Daghamah, aged 28, a resident of the West Bank who was sentenced to death on 12 November 2008; (5) Mahran Abu Jodah, aged 28, a resident of Hebron who was sentence to death on 25 January 2009; (6) Anwar Bargheet, aged 59, a resident of Hebron who was sentenced to death 28 April 2009; (7) Saleem Mohammad El Nabheen aged 27, from Al-Boreij camp in Hebron who was sentenced to death 7 October 2009. He is currently being held at Gaza Central Prison; (8) Abed Kareem Mohammad Shrier, aged 35, from Gaza who was sentenced to death 29 October 2009. He is currently being held at Gaza Central Prison; (9) Izz El Din Rasem Abed El Salam Daghri, aged 38, who was sentenced to death on 9 November 2009, after being convicted on charges of treason.

894.  The Special Rapporteurs have previously addressed a communication dated 16 November 2009, to the authorities in Gaza regarding the case of Saleem Mohammed Saleem al-Nabahin, (A/HRC/13/39/Add.1, para 305) who was sentenced to death by a military court in Gaza, to which we are yet to receive a response. In that communication we expressed concern regarding imposition of the death penalty on grounds of treason and the provisions of Article 131 of the Revolutionary Penal Code which permits the imposition of the death sentence for conduct which does not involve intentional killing, as required by international law which restricts imposition of the death penalty to the most serious crimes. 

   Communication received 

895.  At the time this report was finalized, no response to this communication had been received.

   Comments and observations of the Special Rapporteur: 

896.  The Special Rapporteur regrets the absence, at the time of the finalization of the report, of an official reply to the above-mentioned communication. She considers response to her communications as an important part of the cooperation with her mandate, and calls upon the authorities in Gaza to transmit responses to the above-mentioned communication.

/…

__________