Arbitrary detention /

Judicial harassment

Israel / Occupied

Palestinian Territory

October 10, 2013

The Observatory forthe Protection of Human Rights Defenders, a joint programme of the World OrganisationAgainst Torture (OMCT) and the International Federation for Human Rights(FIDH), expresses its deepest concern regarding the following situation in Israeland the Occupied Palestinian Territory.

Description of thesituation:

The Observatory hasbeen informed by the Addameer Prisoner Support and Human Rights Associationabout the arbitrary detention of Mr. Anas Anise Hussein Barghouthi, aPalestinian human rights lawyer who defends Palestinian political prisonersarrested by Israel and the Palestinian Authority.

According to theinformation received, on September 15, 2013, at around 7pm, Mr. Anas Barghouthiwas arrested by the Israeli Defense Forces (IDF)/ (or Israeli Army) at amilitary checkpoint between Bethlehem and Ramallah, where he was blindfolded and handcuffed and then taken to an interrogationcentre in the settlement of Etzion, in the southern West Bank. Reportedly, inthe first thirty-six hours of arrest, Mr. Anas Barghouthi was fed only twiceand was not allowed to shower or change his clothes neither he was givenhygiene products. In addition, his lawyer was not able to have access to hisclient during the first week of his detention.

On September 17,2013, Mr. Anas Barghouthi waspresented to the Military Court in Ofer, which decided to extend his detentionwithout charges until September 22, 2013, when the detention period wasextended again until September 24.

On September 24, 2013, Mr. Anas Barghouthi was finally charged with the offences of “membership in the PalestinianFront for the Liberation of Palestine”, an organisation banned by Israel, and“leadership of a committee to organise demonstrations”. Mr. Anas Anise HusseinBarghouthi denies both charges. A first hearing was held on October 1, 2013,when the trial was postponed until October 9, 2013. On that day, the trial wasagain postponed until October 22 because by the time he was presented to ajudge, and despite the fact that Mr. Anas Barghouthi had been waiting at OferMilitary Court for several hours, he was informed that the court was closingand it was too late to hold the hearing.

Meanwhile, Mr. Anas Barghouthi remains detained in Ofer militarycomplex.

The Observatorystrongly denounces the arbitrary detention and judicial harassment of Mr. Anas Barghouthi, which seem to be directly linkedto his human rights activities, and urges the Israeli authorities to release him immediately and unconditionally and to put an end to all acts ofharassment against him.

Actionsrequested:

Please write to theauthorities of Israel, urging them to:

i. Guarantee in all circumstances thephysical and psychological integrity of Mr. Anas Anise Hussein Barghouthi aswell as of all human rights defenders in Israel and the Occupied PalestinianTerritory;

ii. Release Mr. Anas Barghouthi immediately and unconditionally as his detentionis arbitrary since it only aims at sanctioning his human rightsactivities;

iii. Put an endto all acts of harassment - including at the judicial level - against Mr. AnasBarghouthi, as well as against all human rights defenders and human rightsorganisations in Israel and the Occupied Palestinian Territory so that they areable to carry out their work without unjustified hindrances;

iv. Complywith all the provisions of the United Nations Declaration on Human RightsDefenders, adopted by the UN General Assembly on December 9, 1998, inparticular:

- itsArticle 1, which provides that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”,

- itsArticle 12.2, which states that “the State shall take all necessary measures toensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

v. More generally, ensure in all circumstances therespect for human rights and fundamental freedoms in accordance with theUniversal Declaration of Human Rights and with international human rightsinstruments ratified by Israel.

Addresses

· Mr. Benjamin Netanyahu,Prime Minister of Israel, Office of the Prime Minister, 3 Kaplan St., PO Box187, Kiryat Ben-Gurion, Jerusalem 91950, Israel. Fax: + 972 2651 2631 / 02-670-5475. Email: b.netanyahu@pmo.gov.il, pm_eng@pmo.gov.il

· Moshe Ya’alon, Deputy PrimeMinister and Minister of Defence, Ministry of Defence 37 Kaplan Street,Hakirya, Tel Aviv 61909, Israel. Fax: +972 3 691 6940, (+972) 3 696 2757.

· Brigadier General DannyEfroni, Military Judge Advocate General, 6 David Elazar Street, Hakirya, TelAviv, Israel, Fax: +972 3 569 4526, Email: avimn@idf.gov.il

· H.E. Ambassador Mr. Eviatar Manor, PermanentMission of Israel to the United Nations in Geneva, Avenue de la Paix 1-3, 1202 Geneva,Switzerland. Fax: +41 22 716 05 55. Email: mission-israel@geneva.mfa.gov.il

Please also write tothe diplomatic representations of Israel in your respective countries.

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Geneva-Paris, October 10, 2013

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

The Observatory, an OMCT andFIDH venture, is dedicated to the protection of human rights defenders and aimsto offer them concrete support in their time of need.

To contact the Observatory,call the emergency line:

• E-mail: Appeals@fidh-omct.org
• Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
• Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80