Israel/OPT
29.11.02
Urgent Interventions

Israel: arbitrary arrest of Abed Rahman al-Ahmar

Case ISR 180701.5
Follow-up to Case ISR 180701
Arbitrary arrest and detention / Ill-treatment

Geneva, November 29th, 2002

The International Secretariat of OMCT has received new information regarding the following situation in Israel.

New Information

The International Secretariat of OMCT has been informed by the Public Committee Against Torture in Israel (PCATI), a member of the OMCT network, that Abed Rahman al-Ahmar, who has been imprisoned by Israeli authorities several times in the past, has again been arbitrarily arrested and is now being detained at the Etzion Detention Center.

According to the information received, Mr. al-Ahmar, a field researcher with the Palestinian Human Rights Monitoring Group (PHRMG), another member of the OMCT network, was arrested on November 22nd, 2002, at his home in the Daheishe Refugee Camp. It is reported that at 4 a.m., members of the Israeli Security Forces entered the house he shares with his family and his wife, Attorney Allegra Pacheco. They proceeded to shoot in the air and ordered everyone to leave the house before searching the al-Ahmar home for several hours. Approximately 30 persons, including women and children were reportedly kept outside in the cold at gunpoint for about 3 hours. According to the information received, Attorney Pacheco, who currently works for United Nations Relief and Works Agency (UNWRA), identified herself to the Security Forces, and when allowed into the house, discovered that the cell phone issued to her by UNRWA had been stolen.

Following this, it is reported that the Security Forces stated that they were looking for a relative of Mr. al-Ahmar, but as they did not find him, they arrested Mr. al-Ahmar instead, explaining that they wanted to question him for a short time. Mr. al-Ahmar was then reportedly taken to the Etzion Detention Center, where his detention has since been extended for 11 days and is set to finish on December 3rd, 2002.

According to the information received, Mr. al-Ahmar is currently being held in overcrowded and harsh conditions and is not allowed a daily walk outdoors. Moreover, it is reported that both he and the other detainees being held with him, who are also relatives of persons wanted by the security forces, have no beds and are forced sleep on the floor in the cold. According to the information received, Mr. al-Ahmar has not been questioned so far on anything other than his marriage to Attorney Pacheco. Furthermore, Mr. al-Ahmar is reportedly not being given food during the day, although he explained that he is not fasting during Ramadan. Furthermore, he is reportedly not receiving proper medical care or the medication he has to take on a regular basis despite reports that he is suffering from severe back and stomach aches. His fragile health reportedly results from the torture to which he was subjected by the General Security Services (GSS) while he was in detention during the first Intifada.

According to the information received, Attorney Pacheco has visited Mr. al-Ahmar at the Etzion Detention Center and Attorney Lea Tsemel has been appointed to represent Mr. al-Ahmar and has filed a request on November 27th, 2002 to the Beit El Military Court demanding that Mr. al-Ahmar be released on bail.

The International Secretariat of OMCT is gravely concerned for Mr. al-Ahmar’s physical and psychological integrity, taking into his precarious health condition and the ill-treatement to which his is reportedly being subjected. OMCT fears that he will continue to be subjected to such treatment, with the risks to his personal integrity that this entails.

Brief reminder of the situation

Mr. al-Ahmar was imprisoned several times in the past including a period of two and a half years in administrative detention which ended with his release in 1998. He was reportedly tortured repeatedly by the GSS while being detained at the Russian Compound Detention Center in Jerusalem and, as a result, still suffers from a hiatal hernia and severe back problems. He has sued the GSS for damages but the decision is still pending.

Mr. al-Ahmar was again arrested by Israeli security forces on May 24th 2001 and was held in administrative detention for one year, first at the Gush Etzion Military Detention Center, then at the Russian Compound Detention Center and finally at the Ketziot Prison Camp (see previous Urgent Appeals). He was released on May 25th, 2001. On June 16th, 2001, Attorney Pacheco discovered that Mr. al-Ahmar had been tortured, notably by being shackled in tight handcuffs to a slanting chair for an entire day. This method of torture, known as “shabeh”, was outlawed by the Israeli Supreme Court on September 6th, 1999.

On 11th June 2001, Attorney Pacheco, in the name of Mr. al-Ahmar, PCATI and the Palestinian Human Rights Monitoring Group (PHRMG), filed a petition with the High Court concerning this. Although Mr. al-Ahmar vomited in Court and showed the red marks on his wrist, the court rejected the petition during the hearing on June 12th, 2001, due to an alleged lack of evidence. On July 15th, 2001, an Israeli Military Judge, Adrian Agasi, issued a six-month administrative detention order against Mr. Abed al-Ahmar, on the basis of secret evidence submitted by the Israeli GSS. The hearing was held at the Megiddo detention center and the evidence presented by Mr. Al-Ahmar’s lawyers was reportedly not considered by the Judge. Mr. Al-Ahmar’s sentence was extended by a further 6 months from November 14th, 2001 until 23rd,May 2002. Mr. Abdul Al-Ahmar was finally released from prison on 23rd May 2002, following a year of administrative detention by the Israeli authorities.

Action Requested

Please write to the Israeli authorities urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Al-Ahmar;
ii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. order an immediate, thorough and impartial investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards;

Addresses

Note: Should you encounter any problems getting through to the fax numbers mentioned below, please send your letters to the Israeli Mission to the UN in Geneva (see below):

· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2) 651 2631 / 566 48 38

· 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


· Ambassador Yaakov Levy, Permanent Mission of Israel to the Offices of the United Nations in Geneva, Avenue de la Paix 1-3, 1202 Geneva, Switzerland, fax: + 41 22 7160555, e-mail: mission-israel@geneva.mfa.gov.il


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

Geneva, November 29th, 2002

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