Israel/OPT
04.05.01
Urgent Interventions

Israel: Arbitrary arrest and detention

URGENT APPEAL – THE OBSERVATORY
ISR 001/0501/OBS 036
Arbitrary arrest and detention
ISRAEL
May 4th 2001

The Observatory for the Protection of Human Rights Defenders, a joint programme of FIDH and OMCT, requests your URGENT intervention in the following situation in Israel.

Brief description of the situation

The Observatory has been informed by Al-Haq and the Palestinian Society for the Protection of Human Rights and the Environment (LAW) of the arbitrary arrest, detention of Mr. Adnan Al-Hajjar, the Al-Mezan Center for Human Rights legal services unit coordinator, in Israel.

According to the information received, on April 23rd, 2001, Israeli border guards arbitrarily arrested Mr. Al-Hajjar, as he was returning to his home in the Jabalia refugee camp, Gaza, having attended a conference on legislative formulation between April 5th and April 23rd, 2001, which was held by the Arab Research and Training Center (ARTC) and sponsored by the Associates in Rural Development (ARD). Mr . Al-Hajjar’s trip was financed by USAID.

The Israeli media, including the Maariv newspaper and several radio stations, have reportedly attempted to link Mr. Al-Hajjar with terrorist activities, including Osama Bin Laden's organisation. The misleading media reports allegedly suggested that Mr. Al-Hajjar was a new-comer to the Palestinian territories (according to the Jerusalem Post) and that he was attempting to enter the Occupied Teritories in order to establish an infrastucture for Bin Laden's organisation.

According to the information received, Mr. Al-Hajjar is, however, a permanent resident of the Gaza Strip who only seldomly travels abroad, predominantly for his studies and professional activities.

According to his lawyer, it seems that Mr. Al-Hajjar's arrest was motivated by his activities as a Human Rights lawyer. Mr. Al-Hajjar is being detained in Ashkelon Prison, although no formal accusation or charges have been brought against him. He has not been allowed access to his family since his detention began, but he has been visited by his lawyer, who ascertains that Mr. Al-Hajjar has been subjected to lengthy interrogation sessions, in some cases up to 18 hours in one day, by the Israeli Prison Authority, allegedly in order to extract confessions from him, although it remains unclear whether he has been subjected to torture during this time.

According to the information received, the Israeli Military Court held a session on April 30th 2001, to discuss Mr. Al-Hajjar’s situation, which resulted in the judge ruling that he be detained for a further 30 days for interrogation. This ruling was reportedly based on a confidential no-access file of claims against Mr. Al-Hajjar, but the contents of this file have not been made available to the defense.

The Observatory fears for Mr. Al-Hajjar’s physical and psychological integrity, given the high risk of torture being used by the Israeli authorities against detainees accused of involvement in terrorist activities.

Action requested

Please write to the authorities in Israel urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Al-Hajjar and order his immediate release in the absence of valid legal charges;
ii. Put an end to the systematic harassment to which defenders of human rights in Israel and the Occupied Territories are subjected and guarantee their freedom and safety in the pursuit of their activities;
iii. comply with the Declaration on Defenders of Human Rights, in particular, Article 1 which states that "Everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels" as well as article 9, para. 3 c), which states that “everyone has the right, individually and in association with others, inter alia, to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms”;
iv. generally guarantee the effective respect of fundamental human rights and freedoms in accordance with the provisions of the Universal Declaration of Human Rights and international and regional human rights instruments ratified by Israel.

Addresses

- Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2)566 48 38 / 691 79 15 E-mail: pm@pmo.gov.il or feedback@pmo.gov.il

- 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 Fax: ++ 972 2 628 8618 Email: sar@justice.gov.il

- Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax:(+972-3)691 69 40, e-mail: sar@mod.gov.il

- Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411 Email: sar@moin.gov.il

- Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax:(+ 972 2)582 67 69

- 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

- Uzi Landau, Minister of Internal Security, Ministry of Internal Security P.O Box 18182, 3 Sheirkh Jarrah, Kiryat Hamemshala jerusalem, 91181, Israel. Fax: (+ 972 2) 582 67 69, E-mail : sar@mops.gov.il

Please also write to the embassies of Israel in your respective country.

Geneva-Paris, May 4th, 2001

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