Arbitrary detention of Mr. Mohammad Bsharat
ISR 003 / 0807 / OBS 106
Arbitrary detention / Harassment
Israel
August 30, 2007
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Israel.
Description of the situation:
The Observatory has been informed by reliable sources, including Adalah, Al-Haq, Defence for Children International - Palestine Section (DCI-PS), and the Public Committee Against Torture in Israel (PCATI), about the arbitrary detention of Mr. Mohammad Bsharat, Executive Director of the Nafha Society for the Defence of Prisoners and Human Rights, in Nablus.
According to the information received, on August 2, 2007, late at night, Israeli soldiers arrested Mr. Mohammad Bsharat without an arrest warrant in Nablus. He was then detained and interrogated at the Huwara detention centre in Nablus, which is known for its poor conditions of detention. Since then, no charges have been brought against Mr. Bsharat. According to his lawyer, he would have been questioned about his human rights activities.
On August 12 and again on August 19, 2007, Mr. Bsharat’s detention was extended. During the last hearing on August 26, 2007, the Salem military court ordered that he be detained administratively, without any precision regarding the duration of the detention, nor any official reason. The Observatory recalls that according to the Israeli law, the status of administrative detention denies all civil and political rights to the detainees. Therefore, the authorities do not have to charge the prisoner, nor to bring him to trial.
Legally established and registered with the Palestinian Authority in 2006, Nafha is one of several NGOs representing Palestinian detainees in Israeli courts and advocating on behalf of Palestinian prisoners in Israeli prisons and detention centres. It also works with released prisoners to help ease them back into daily life and offers prisoners’ families, in particular their children, psychological and social support.
The Observatory expresses its deep concern at the arbitrary detention of Mr. Mohammad Bsharat as it seems to merely aim at sanctioning his human rights activities. Moreover, the Observatory fears for his physical and psychological integrity, as Mr. Bsharat suffers from chronic hyper-sensitivity and severe renal spasms as a result of kidney stones and as he is not getting proper medical attention.
The Observatory recalls that Israel must conform with the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, article 9.3.c which states that “Everyone has the right, individually and in association with others, to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms” and Article 12.1 (“everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”).
Actions requested:
Please write to the authorities in Israel urging them to:
- Guarantee in all circumstances the physical and psychological integrity of Mr. Mohammad Bsharat;
- Release Mr. Mohammad Bsharat since his detention is arbitrary as it merely aims at sanctioning his human rights activities;
- Ensure that he has access to adequate medical treatment;
- Put an end to any kind of harassment against all human rights defenders in Israel;
- Comply with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly on December 9, 1998, in particular with above-mentioned Articles 1, 9.3.c and 12.1;
- More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international human rights instruments ratified by Israel.
Addresses:
- Mr. Ehud Olmert, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax: + 972 2 651 2631 / 02-670-5475, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il
- Mr. Tzipi Livni, Minister, of Foreign Affairs, Ministry of Foreign Affairs, 9 Yitzhak Rabin Boulevard, Kiryat Ben-Gurion, Jerusalem 91035, Israel. Fax: +972 2 628 7757 / +972 2 628 8618 / + 972-2-5303367. Email: sar@mfa.gov.il
- Mr. Daniel Friedmann, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel. Fax: + 972 2 628 7757 / + 972 2 628 8618 / + 972 2 530 3367. Email: sar@justice.gov.il / tifereth@justice.gov.il
- Ambassador Itzhak Levanon, Permanent Mission of Israel to the United Nations in Geneva, Avenue de la Paix 1-3, CH-1202, Geneva, Switzerland, E-mail: mission-israel@geneva.mfa.gov.il, Fax: +41 22 716 05 55
- Ambassador Stefan Gohanneson, Embassy of Israel in Brussels, 40 avenue de l’Observatoire, 1180 Uccle, Belgium, Fax: + 32 2 373 56 17, Email: brussels@israel.org
Please also write to the diplomatic mission or embassy of Israel in your respective country.
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Geneva-Paris, August 30, 2007.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29