Israel/OPT
23.05.02
Urgent Interventions
Israel: an elected member of the Palestinian Legislative Council has been subjected to ill-treatment and torture
Case ISR 230502
Arbitrary arrest and detention / Torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Palestine Occupied Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Palestinian Society for the Protection of Human Rights and the Environment (LAW), a member of the OMCT network, that an elected member of the Palestinian Legislative Council with parliamentary immunity, 43-year old Marwan Barghouti, who was arrested on April 13th, 2002, has been subjected to ill-treatment and torture.
According to the information received, on May 19th, 2002, the military court in the illegal settlement of Beit El, extended Mr. Barghouti’s detention by twelve days for further interrogation.
According to the information received, Mr. Barghouti was arrested in Ramallah by Israeli occupation forces and subsequently taken to the interrogation and detention centre at the Russian Compound (Moscobiya), where the Israeli General Security Service’s (Shin Bet) methods of interrogation include physical and psychological torture to weaken the detainee’s concentration and self-control. As a result of the alleged torture, Mr. Barghouti was admitted to the prison’s clinic on May 20th, 2002, and now reportedly suffers from severe pain in his back and hands, a result of prolonged hours of “position abuse.” LAW reports that Mr. Barghouti's hands and legs have been shackled to a small chair, which is angled to slant forward so that he cannot sit in a stable position. Due to nails sticking out of the chair ,on which is he is forced to sit for prolonged hours, his back is bleeding. This position abuse, also known as 'shabeh,' is reportedly the most common method of physical abuse applied by the Israeli General Security Service. In addition Mr. Barghouti has been subjected to sleep deprivation, only being allowed to sleep for four hours per night, and has been kept in a solitary confinement.
According to the report, the Shin Bet officials have also threatened Mr. Barghouti with the execution of his son, who they claim is being held in Ashkelon prison, in order to force him to confess. They have also reportedly threatened to discredit Mr. Barghouti by alleging that he is a terrorist, and that they will kill him, both politically and physically. They have also told him that the Prime Minister has decided that he has to confess.
OMCT recalls that, Israel has ratified key human rights treaties that address torture and ill-treatment, the International Covenant on Civil and Political Rights (article 7) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Israel is therefore legally bound by these prohibitions. Israeli law prohibits torture and the introduction into evidence of tainted confessions and provides that public servants who use or direct the use of force against persons for the purpose of extorting a confession of an offence or information relating to an offence are liable to imprisonment.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Marwan Barghouti and calls on the Israeli authorities to guarantee that he no longer be subjected to any such treatment and that he be provided with appropriate medical assistance as a matter of urgency. OMCT also deplores Israel’s violation of Marwan Barghouti’s parliamentary immunity and calls for him to be released in the absence of valid legal charges. OMCT fears that Mr. Barghouti will not be granted adequate reparation and that the perpetrators of this attack will continue to enjoy impunity. More generally, OMCT is gravely concerned about the increasing number of arbitrary arrests by the Israeli authorities and their use of cruel, inhuman and degrading treatment and torture on Palestinian prisoners. OMCT fears that Mr. Barghouti will not be granted adequate reparation and that the perpetrators of this attack will continue to enjoy impunity.
Action requested
Please write to the authorities in Israel urging them to:
· take all necessary measures to guarantee Marwan Barghouti’s physical and psychological integrity;
· intervene with the appropriate authorities in order to secure that he is provided with the adequate medical assistance as a matter of urgency;
· order the immediate release of the afore-mentioned detainee in the absence of valid legal charges or, if such charges exist, bring him promptly before an impartial and competent tribunal and guarantee their procedural rights at all times;
· guarantee that Marwan Barghouti receives adequate reparation;
· order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2) 651 2631/566 48 38 / 691 79 15
· Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax: (+ 972 2) 62 8 54 38 or + 972 2 628 8618
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
· Chief Military Attorney, Brigadier Menahem Finkelstein, Lishkat HaPatzar, HaKirya, Tel Aviv, Fax: (+972 3) 569 20 94
Please also write to the embassies of Israel in your respective country.
Geneva, May 23rd, 2002.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest and detention / Torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Palestine Occupied Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Palestinian Society for the Protection of Human Rights and the Environment (LAW), a member of the OMCT network, that an elected member of the Palestinian Legislative Council with parliamentary immunity, 43-year old Marwan Barghouti, who was arrested on April 13th, 2002, has been subjected to ill-treatment and torture.
According to the information received, on May 19th, 2002, the military court in the illegal settlement of Beit El, extended Mr. Barghouti’s detention by twelve days for further interrogation.
According to the information received, Mr. Barghouti was arrested in Ramallah by Israeli occupation forces and subsequently taken to the interrogation and detention centre at the Russian Compound (Moscobiya), where the Israeli General Security Service’s (Shin Bet) methods of interrogation include physical and psychological torture to weaken the detainee’s concentration and self-control. As a result of the alleged torture, Mr. Barghouti was admitted to the prison’s clinic on May 20th, 2002, and now reportedly suffers from severe pain in his back and hands, a result of prolonged hours of “position abuse.” LAW reports that Mr. Barghouti's hands and legs have been shackled to a small chair, which is angled to slant forward so that he cannot sit in a stable position. Due to nails sticking out of the chair ,on which is he is forced to sit for prolonged hours, his back is bleeding. This position abuse, also known as 'shabeh,' is reportedly the most common method of physical abuse applied by the Israeli General Security Service. In addition Mr. Barghouti has been subjected to sleep deprivation, only being allowed to sleep for four hours per night, and has been kept in a solitary confinement.
According to the report, the Shin Bet officials have also threatened Mr. Barghouti with the execution of his son, who they claim is being held in Ashkelon prison, in order to force him to confess. They have also reportedly threatened to discredit Mr. Barghouti by alleging that he is a terrorist, and that they will kill him, both politically and physically. They have also told him that the Prime Minister has decided that he has to confess.
OMCT recalls that, Israel has ratified key human rights treaties that address torture and ill-treatment, the International Covenant on Civil and Political Rights (article 7) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Israel is therefore legally bound by these prohibitions. Israeli law prohibits torture and the introduction into evidence of tainted confessions and provides that public servants who use or direct the use of force against persons for the purpose of extorting a confession of an offence or information relating to an offence are liable to imprisonment.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Marwan Barghouti and calls on the Israeli authorities to guarantee that he no longer be subjected to any such treatment and that he be provided with appropriate medical assistance as a matter of urgency. OMCT also deplores Israel’s violation of Marwan Barghouti’s parliamentary immunity and calls for him to be released in the absence of valid legal charges. OMCT fears that Mr. Barghouti will not be granted adequate reparation and that the perpetrators of this attack will continue to enjoy impunity. More generally, OMCT is gravely concerned about the increasing number of arbitrary arrests by the Israeli authorities and their use of cruel, inhuman and degrading treatment and torture on Palestinian prisoners. OMCT fears that Mr. Barghouti will not be granted adequate reparation and that the perpetrators of this attack will continue to enjoy impunity.
Action requested
Please write to the authorities in Israel urging them to:
· take all necessary measures to guarantee Marwan Barghouti’s physical and psychological integrity;
· intervene with the appropriate authorities in order to secure that he is provided with the adequate medical assistance as a matter of urgency;
· order the immediate release of the afore-mentioned detainee in the absence of valid legal charges or, if such charges exist, bring him promptly before an impartial and competent tribunal and guarantee their procedural rights at all times;
· guarantee that Marwan Barghouti receives adequate reparation;
· order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2) 651 2631/566 48 38 / 691 79 15
· Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax: (+ 972 2) 62 8 54 38 or + 972 2 628 8618
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
· Chief Military Attorney, Brigadier Menahem Finkelstein, Lishkat HaPatzar, HaKirya, Tel Aviv, Fax: (+972 3) 569 20 94
Please also write to the embassies of Israel in your respective country.
Geneva, May 23rd, 2002.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.