Israel/OPT
23.01.01
Urgent Interventions
'Israel: 17 year-old girl sentenced to 6 ½ years in prison
Case ISR 251199.4.CC
Fourth Follow-up of case 251199.CC
CHILD CONCERN
23rd January 2001
The International Secretariat of OMCT has received new information regarding the following situation Israel.
New Information
The International Secretariat of OMCT has been informed that Su’ad Hilmi Ghazal, 17 years old, was sentenced on 21st January 2001 to 6 ½ years in prison, and 8 subsequent years of probation for the charge of stabbing a settler. According to the information, Su’ad received a sentence far greater than the maximum sentence of 3 years given previously to Palestinian minors tried for the same offence.
Su’ad Ghazal was arrested on 13 December 1998 (aged 15) from Sebastia village near Nablus and has spent most of the past two years, without trial, inside the women’s section of Neve Tertze (Ramle) prison.
The International Secretariat OMCT recalls that among other human rights violations, Su’ad had been beaten during arrest, detained without trial, psychologically abused during interrogation, detained with adults and, initially, denied access to family visits and legal representation in violation of the UN Convention on the Rights of the Child to which Israel is a state party. In particular, OMCT recalls that the UN Convention on the Rights of the Child stresses that the imprisonment of a juvenile should be a measure of last resort. Furthermore, the case of Su’ad violates what is stipulated in the legislation as highlighted by the Human Rights Committee report in 1998 (CCPR/C/81/Add.13).
Brief reminder of the situation
In August 2000, the International Secretariat of OMCT expressed its grave concern for the physical and psychological integrity of Su’ad Hilmi Ghazal, based on reports received regarding her health in Ramle Prison.
According to the information, Su’ad’s last court hearing in March 2000 was postponed and a 15th June 2000 deadline set by which time Su’ad was to be examined by a third psychiatrist, after which a comprehensive report on her condition was to be submitted to the court.
Previously, Dr Mahmud Sehwail examined Su’ad on 10th February 2000 and issued a report stating that she was unfit to stand trial and in need of psychiatric treatment and that further detention will exacerbate her condition. Su’ad has been examined so far by three psychiatrists. According to the Defense for Children International – Palestine Section (DCI-PS) attorney, who regularly visits Su’ad, Su’ad suffered from headaches and pain in her joints and ears.
Actions requested
Please write to the Israeli authorities urging them to:
i. guarantee the physical and psychological integrity of Su'ad Hilmi Ghazal at all times and ensure continued access to medical care;
ii. ensure Su'ad Ghazal's immediate right to appeal the court decision and that an new fair and impartial trial by a competent civil court be opened whereby all her procedural rights be guaranteed;
iii. guarantee during the new trial that imprisonment is used only as a measure of last resort, as provided for in Article 37b of the Convention on the Rights of the Child, and that alternatives be found;
iv. guarantee all human rights and fundamental freedoms in accordance with international human rights standards, particularly the Convention on the Rights of the Child, ratified by Israel.
Addresses
Ehud Barak, Prime Minister and Minister of Defence, Office of the Prime Minister, 3 Kaplan Street Hakirya, Jerusalem 91007, Israel, Faxes: +972 2 566 4838 and +972 3 691 7915
Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax : + 972 2 6285 438
Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax: +972 3 697 62 18.
Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax : + 972 2 5826 769.
The Embassy of Israel in your respective countries.
Geneva, 23rd January 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Fourth Follow-up of case 251199.CC
CHILD CONCERN
23rd January 2001
The International Secretariat of OMCT has received new information regarding the following situation Israel.
New Information
The International Secretariat of OMCT has been informed that Su’ad Hilmi Ghazal, 17 years old, was sentenced on 21st January 2001 to 6 ½ years in prison, and 8 subsequent years of probation for the charge of stabbing a settler. According to the information, Su’ad received a sentence far greater than the maximum sentence of 3 years given previously to Palestinian minors tried for the same offence.
Su’ad Ghazal was arrested on 13 December 1998 (aged 15) from Sebastia village near Nablus and has spent most of the past two years, without trial, inside the women’s section of Neve Tertze (Ramle) prison.
The International Secretariat OMCT recalls that among other human rights violations, Su’ad had been beaten during arrest, detained without trial, psychologically abused during interrogation, detained with adults and, initially, denied access to family visits and legal representation in violation of the UN Convention on the Rights of the Child to which Israel is a state party. In particular, OMCT recalls that the UN Convention on the Rights of the Child stresses that the imprisonment of a juvenile should be a measure of last resort. Furthermore, the case of Su’ad violates what is stipulated in the legislation as highlighted by the Human Rights Committee report in 1998 (CCPR/C/81/Add.13).
Brief reminder of the situation
In August 2000, the International Secretariat of OMCT expressed its grave concern for the physical and psychological integrity of Su’ad Hilmi Ghazal, based on reports received regarding her health in Ramle Prison.
According to the information, Su’ad’s last court hearing in March 2000 was postponed and a 15th June 2000 deadline set by which time Su’ad was to be examined by a third psychiatrist, after which a comprehensive report on her condition was to be submitted to the court.
Previously, Dr Mahmud Sehwail examined Su’ad on 10th February 2000 and issued a report stating that she was unfit to stand trial and in need of psychiatric treatment and that further detention will exacerbate her condition. Su’ad has been examined so far by three psychiatrists. According to the Defense for Children International – Palestine Section (DCI-PS) attorney, who regularly visits Su’ad, Su’ad suffered from headaches and pain in her joints and ears.
Actions requested
Please write to the Israeli authorities urging them to:
i. guarantee the physical and psychological integrity of Su'ad Hilmi Ghazal at all times and ensure continued access to medical care;
ii. ensure Su'ad Ghazal's immediate right to appeal the court decision and that an new fair and impartial trial by a competent civil court be opened whereby all her procedural rights be guaranteed;
iii. guarantee during the new trial that imprisonment is used only as a measure of last resort, as provided for in Article 37b of the Convention on the Rights of the Child, and that alternatives be found;
iv. guarantee all human rights and fundamental freedoms in accordance with international human rights standards, particularly the Convention on the Rights of the Child, ratified by Israel.
Addresses
Ehud Barak, Prime Minister and Minister of Defence, Office of the Prime Minister, 3 Kaplan Street Hakirya, Jerusalem 91007, Israel, Faxes: +972 2 566 4838 and +972 3 691 7915
Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax : + 972 2 6285 438
Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax: +972 3 697 62 18.
Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax : + 972 2 5826 769.
The Embassy of Israel in your respective countries.
Geneva, 23rd January 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.