URGENTCAMPAIGNS/ VIOLENCE AGAINST WOMEN

Administrative detention against aPalestinian woman/ Ill-treatment/ Serious concerns for her safety

TheInternational Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the followingsituation in Israel and the Occupied Palestinian Territory.

New information

The International Secretariatof OMCT has been informed by Addameer and Al Haq, two membersofOMCT SOS-Torture Network, about the re-arrest and administrative detention ofMs. Hana Yahya Shalabi,30 years old andresident of Burqin village near Jenin, as well as her serious health conditionafter more than 30 days of hunger strike in protest of her detention. Ms. Hana Yahya Shalabi had been released from overtwo years in administrative detention on 18 October 2011, as part of the prisoner exchange dealconcluded by the Israeli government and Hamas, whereby 1’027 Palestinianpolitical prisoners were released in exchange for captured Israeli soldierGilad Shalit[1].

According to the informationreceived, Ms. Hana Yahya Shalabi wasre-arrested from her family home on 16 February 2012, about four months after her release, when50 Israeli soldiers raided her house in Burqin village. The soldiers wereaccompanied by an intelligence officer and a large number of dogs and firstraided her brother’s home before coming to her house. The soldiers movedthrough his house with the pack of dogs, causing the children of the householdto panic. When the soldiers entered Ms. Hana Yahya Shalabi’s and her parents’ house,the intelligence officer reportedly commented that it would just be a “fiveminute visit.” The soldiers then ordered Ms. Hana Yahya Shalabiand some of her family members to leave the house, while holding her father andolder brother in a room by themselves.

Accordingto the same information, after the soldiers searched the house, theintelligence officer announced that they had an order to arrest Ms. Hana Yahya Shalabi,without showing any arrest warrant or providing any reason for her arrest. The soldiersthen brutally threatened and abused Ms. Hana Yahya Shalabi and her family. First, herbrother heard the intelligence officer say, “Hana must die.” Next, one of thesoldiers reportedly grabbed her hand and pulled her. She objected and told himthat if they needed to hold her, they should bring a female soldier to do it. Hecompletely disregarded her and when she tried to remove his hand, he began tobeat her upper body and slap her in the face. Ms. Hana Yahya Shalabi’sbrother, Omar, attempted to jump in front of her to protect her, but thesoldiers attacked him and beat him with their guns. A female soldier was thenbrought to detain her. Ms. Hana Yahya Shalabi was blindfolded and put in amilitary jeep, where she was made to sit on the ground on her knees. Each timeshe tried to move, the soldiers allegedly ordered her to stay still and shutup.

Ms. Hana Yahya Shalabi was then reportedly taken to Salem DetentionCentre and left blindfolded for two hours in a tiny room before beingtransferred to HaSharon Prison, one of Israel’s largest prisonfacilities. While at Salem Detention Center, shewas allegedly further subjected to beatings and humiliating treatment. Shebegan an open hunger strike on the first day of her arrest in protest of theill-treatment she was subjected to during and following her arrest.

On the fourth day following her arrest, Ms. Hana Yahya Shalabi was reportedlytransferred to a different section of the prison near the other Palestiniandetainees, but was again placed in a room alone. The Israeli Prison Service(IPS) administration reportedly attempted to convince her to end her hungerstrike, employing such methods of pressure as threatening to place her insolitary confinement for an extended period. On 21 February 2012, she was transferred back to Salem for interrogation. On 23 February 2012, she was taken to Salem MilitaryCourt, where one of her lawyers informed her thatshe might be placed in administrative detention. Her lawyer received a copy ofthe order, which states that she will be put in administrative detention forsix months, until 16 August 2012. On the same day,on 23 February 2012, she was alsosentenced to seven days of solitary confinement as punishment for her hungerstrike. On 27 February 2012, she wastransferred back to the same section as the other Palestinian female prisoners.On 4 March 2012, the militarycourt declared that her administrative detention order would be reduced fromsix to four months, but without promising not to extend or renew it.

Accordingto the same information, on 19March 2012, Ms. Hana YahyaShalabi was transferred to a hospital and then back to prison. According to herdoctor, she is in immediate mortal danger and should be transferred to ahospital for close observation. However, the IPS would refuse her transfer to ahospital and would continue to put pressure on Ms. Hana Yahya Shalabi to endher hunger strike.

TheInternational Secretariat of OMCT reiterates its deep concernabout the situation of Ms. HanaYahya Shalabi and, in particular, the fact that the procedure under which heradministrative detention has been ordered as well as her detention conditions,do not meet international human rights standards.

Backgroundinformation

OMCT had earlier been informedabout the administrative detention of Ms. Hana Yahya Shalabi. According to the informationreceived, on 14 September 2009 at approximately 1:30 a.m., Israeli soldiers surrounded Ms. Hana Yahya Shalabi’s family home in Burquin Village, near the West Bank town of Jenin, ordered Ms. Hana Yahya Shalabi’s entire family outside of the house anddemanded Ms. Hana Yahya Shalabi to give them her identity card. During thesearch of the house, one soldier reportedly took framed pictures of Ms. Hana Yahya Shalabi’s brother, Samer[2],and tore them apart. The soldiers also reportedly shouted and cursed her andher family, pushed her 63-year-old father with the butt of a rifle, handcuffed and arrested her. Ms. HanaYahya Shalabi was first transferred in a military jeep to Salem DetentionCentre, and then transferred to Kishon Detention Centre in Israel, where she was interrogated every day from 10:00 am until late hours in the evening for eight days.

During the interrogationperiod, she was allegedly held in solitary confinement in a very dirty cellmeasuring six square meters with no windows or natural sunlight. She wasallegedly subjected to sexual harassment and physical violence. During oneinterrogation session, one of the Israeli interrogators called her“habibti”(darling) in a provocative way. Ms. Hana Yahya Shalabi felt humiliated so she shouted athim. The interrogators reportedly responded by slapping her and beating her onher arms and hands. The guards then brought her back to her cell, where she wastied to her bed. They also took pictures of her in that position.

According to the sameinformation, after the interrogation period concluded, Ms. Hana Yahya Shalabiremained at Kishon Detention Centre for nine days (Israeli authorities claimedfor investigation reasons), before she was transferred to Section 2 of HasharonPrison.

On 29 September 2009, Israeli Military Commander Ilan Malka issueda six-month administrative detention order against Ms. Hana Yahya Shalabi,on the grounds that she posed a threat to the “security of the area”. The orderwas subsequently extended until her release, on 18 October 2011 (see above).

BackgroundInformation

Israel has been holdinghundreds of persons from the Occupied Palestinian Territory (OPT) in administrative detention. In the occupied Palestinian West Bank, the Israeli armycarries out administrative detention on the basis of Military Order 1651, whichempowers military commanders to detain an individual for up to six months ifthey have “reasonable grounds to presume that the security of the area orpublic security require the detention.” On or just before the expiry date, thedetention order is also frequently renewed and this process can be continuedindefinitely.

Administrative detention deprives detainees of basic safeguards,including the right to challenge the evidence on which the detention is based,warrants are not required, and the detainee may be held in incommunicadodetention for an extended period, subject to renewal.

The United Nations Committee Against Torture has alreadyexpressed concern that administrative detention does not conform with article16 of the Convention[3].This type of indefinite administrative detention, following manifestly unfairproceedings, can amount to cruel, inhuman or degrading treatment.

According to the information received, at least 23 other Palestinianpolitical prisoners are currently on hunger strike to protest the use ofadministrative detention as an indefinite form of detention without charge ortrial.

OMCT expresses its deep concern about the situation of Ms. Hana Yahya Shalabi and, in particular,the fact that the procedure under which her administrative detention has beenordered, as well as her detention conditions, do not meet international humanrights standards, including her right not to bearbitrarily detained as well as her absolute right at all times not to besubjected to any cruel, inhuman or degrading treatment.

Action requested

Please write to theauthorities in Israel urging them to:

i. Guarantee, in all circumstances, the physical andpsychological integrity of Ms. Hana Yahya Shalabi;

ii. Order her immediate transfer to a hospital, withadequate care that is uninterrupted by frequent transfers;

iii. Guarantee unconditional access to all members of herfamily;

iv. Order her immediate release in the absence of validlegal charges that are consistent with international legal standards, or, if suchcharges exist, bring her promptly before an impartial, independent andcompetent tribunal that will ensure due process at all times;

v. Carry out a prompt, effective, thorough,independent and impartial investigation into the reports of ill-treatment,theresult of which must be made public, in order to bring those responsible beforea competent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

vi. Guarantee that adequate compensation is awarded to Ms. Hana Yahya Shalabi for the violationof her human rights;

vii. At all times ensure strict respect for internationalhuman rights and humanitarian law in the exercise of its jurisdiction,including in connection with military operations in the Occupied Palestinian Territory.

Addresses

Ø Mr. Benjamin Netanyahu, Prime Minister,Office of the Prime Minister, 3, Kaplan Street, PO Box 187, Kiryat Ben-Gurion,Jerusalem, Israel, Fax: +972- 2-6512631, Email: pm_eng@pmo.gov.il

Ø Brigadier General Danny Efroni, Military JudgeAdvocate General, 6 David Elazar Street, Hakirya, Tel Aviv, Israel, Fax: +972 3 608 0366, +972 3 5694526, Email: arbel@mail.idf.il, avimn@idf.gov.il

Ø Maj.Gen. Avi Mizrahi, OC Central Command Nehemia Base,Central Command, Neveh Yaacov, Jerusalem, Fax: +972 2 530 57 41

Ø M. Ehud Barak,Deputy Prime Minister and Minister of Defense, 37Kaplan Street,Hakirya, Tel Aviv 61909, Fax.+ 972 3 691 6940 /696 2757

Ø Permanent Missionof Israel to the United Nations Office and Specialized Institutions in Geneva,Avenue de la Paix 1-3, 1202 Geneva, Fax:+41 22 716 05 55, Email: mission-israel@geneva.mfa.gov.il

Please also write to theembassies of Israel in your respectivecountry.

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Geneva, 23 March 2012.

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

[1] See OMCT UrgentAppeals ISR 160210/ ISR 160210.VAW and ISR 160210.1/ ISR 160210.1.VAW.

[2] He was reportedly killed by the Israeli army on 29 September 2005 during an incursion inthe village.

[3] CAT/C/ISR/CO/4, para 17.