Israel/OPT
05.03.03
Urgent Interventions
Israel : arbitrary detention and torture against a Palestinian lawyer
URGENT APPEAL - THE OBSERVATORY
ISR 001 / 0303 / OBS 010
Arbitrary detention / Torture
Israel
5 March 2003
The Observatory for the Protection of Human Rights Defenders, a joint
program 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 Defence for Children
International / Palestine Section (DCI/PS) that, on February 21st
2003, Mr. Daoud Dirawi, lawyer for DCI/PS and resident of Jerusalem,
was detained in Jerusalem by Israeli soldiers as he was taking his
daughter to hospital. He was then taken to the Asyun military prison
where he is currently detained without charges and has allegedly been
subjected to torture.
According to the information received, on 21st of February, Mr.
Dirawi and his wife took their daughter to a hospital in the Old City
of Jerusalem. Mr. Dirawi had gone to get some medicine from a
pharmacy in the Old City when he was stopped by Israeli soldiers who
asked him for his ID card. He had left his ID with his wife but
showed them an official paper indicating that he has made family
reunion. He rang his wife to bring his ID. They were made to stand
outside for two hours by the soldiers. Afterwards, a jeep came and
took Mr. Dirawi to Qeshle Police Station near Bab al Khaleel in the
Old City. At Qeshle, the police told Mrs Dirawi that her husband
would be kept for 24 hours and then transferred to a judge. At 8am
the following morning, Mrs. Dirawi rang the police station and they
told her that her husband had been taken by the Israeli Secret
Intelligence (Shabak) and he would be kept for interrogation for 12
days. They refused to tell her where he was or to let him meet with a
lawyer during this period.
On February 24th, another DCI/PS lawyer was able to visit Mr. Dirawi,
in Asyun military prison in the Negev, when he related the details of
his treatment, transportation and detention. Allegedly on the way to
the prison, soldiers beat him, pushed him to the floor of the jeep
and stamped on him with their boots, hitting him with their fists and
rifle butts. Mr. Dirawi sustained heavy bruising and a broken lower
jaw. It has been reported that at the Negev checkpoint, a Russian
soldier, Mr. Strovosky, beat him even more violently in a further
attack.
On his arrival at Asyun military prison at 1.30am on February 22nd,
Mr. Dirawi was tied up outside with his hands locked above him, a
form of torture known as "shabah". He was kept in this position
throughout the freezing rain and snowstorm of that night until
8.30am. When he asked the
prison guards for food, he was punished by being kept in this
position for a further four hours.
According to the information received, soldiers then found out that
Mr. Dirawi was a human rights lawyer and as a consequence of this his
treatment worsened. Mr. Dirawi has been working for DCI/PS as a
researcher and a lawyer for below 18 political prisoners in the
Palestinian courts for 10 months. He is the coordinator of DCI/PS
Juvenile Justice Program in the Palestinian Areas, a program
supported by UNICEF. Prior to joining DCI/PS he was employed by Al
Haq, a Palestinian human rights organization based in
Ramallah. He is also the author of several books and research papers
on Palestinian legal issues, including a pioneering study on the
Palestinian State Security Court, which was published in 2000.
At the present time, Mr. Dirawihe is allegedly being held, along with
80 others in Asyun prison, without charges or trial, suffering from
extreme cold, hunger and lack of medical care. Under Israeli law, Mr.
Dirawi can be detained for 12 days without charges or coming before a
military judge or court. The prison has no official administration,
and many issues are left up to the individual soldiers.
The Observatory is gravely concerned for the physical and
psychological integrity of Mr. Daoud Dirawi as well as the
allegations of torture used against him. In addition, the Observatory
is seriously concerned by the deteriorating situation of human rights
defenders prevailing in Israel, in particular against human rights
lawyers.
Action requested :
Please write to the authorities of Israel urging them to:
i. Guarantee in all circumstances, the physical and psychological
integrity of Mr. Dirawi and provide him with appropriate medical
treatment as a matter of urgency. In general, put an end to any form
of harassment against human rights defenders in Israel;
ii. Immediately release Mr. Daoud Dirawi in the absence of charges
against him;
iii. Order a thorough and impartial investigation into the
circumstances of these events, notably the alleged violations of Mr.
Dirawi's fundamental rights and the physical attacks to which he was
subjected in detention, in order to identify those responsible, bring
them to trial and apply the penal, civil and/or administrative
sanctions as provided by law;
iv. Guarantee adequate reparation to Mr. Dirawi;
v. Conform to the provisions of the Declaration on Humans Rights
Defenders, adopted by the General Assembly of the United Nations on
December 9, 1998, in particular article 12.2 which states that "The
State should take all necessary measures to ensure the protection by
the competent authorities of everyone, individually or in association
with others, against any violence, threats, retaliation, de facto or
de jure adverse discrimination, pressure or any other arbitrary
action as a consequence of his or her legitimate exercise of the
rights referred to in the present Declaration", article 1 which
states that "everyone has the right, individually or in association
with others, to promote the protection and realization of human
rights and fundamental freedoms at the national and international
levels"; and article 9.3.c which states that everyone has the right
"to offer and provide professionally qualified legal assistance or
other relevant advice and assistance in defending human rights and
fundamental freedoms";
vi. Conform to the provisions of the Universal Declaration on Human
Rights and international instruments relating to Human Rights which
bind Israel.
Addresses :
Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan
Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax:
+ 972 2 651 2631
Yosef Lapid, Minister of Justice, 29 Salah Eddin Street, Jerusalem
91010, Israel. Fax : + 972 2 628 8618
Elyakim Rubinstein, Attorney-General, 29 Salah Eddin Street,
Jerusalem, Israel. Fax: + 972 2 6285438
Paris - Geneva, 5 March 2003
Kindly inform the Observatory of any action undertaken quoting the
code number of this appeal in your reply.
The Observatory, an 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.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch
The Observatory, an FIDH and OMCT venture, is dedicated to
the protection of Human Rights Defenders and aims to offer
them concrete support in time of need.
To Contact the Observatory, call The Emergency Line:
Tel: FIDH: 33 (0) 1 48 05 82 46
OMCT: 41 (0) 22 809 49 39
E-mail: observatoire@iprolink.ch
ISR 001 / 0303 / OBS 010
Arbitrary detention / Torture
Israel
5 March 2003
The Observatory for the Protection of Human Rights Defenders, a joint
program 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 Defence for Children
International / Palestine Section (DCI/PS) that, on February 21st
2003, Mr. Daoud Dirawi, lawyer for DCI/PS and resident of Jerusalem,
was detained in Jerusalem by Israeli soldiers as he was taking his
daughter to hospital. He was then taken to the Asyun military prison
where he is currently detained without charges and has allegedly been
subjected to torture.
According to the information received, on 21st of February, Mr.
Dirawi and his wife took their daughter to a hospital in the Old City
of Jerusalem. Mr. Dirawi had gone to get some medicine from a
pharmacy in the Old City when he was stopped by Israeli soldiers who
asked him for his ID card. He had left his ID with his wife but
showed them an official paper indicating that he has made family
reunion. He rang his wife to bring his ID. They were made to stand
outside for two hours by the soldiers. Afterwards, a jeep came and
took Mr. Dirawi to Qeshle Police Station near Bab al Khaleel in the
Old City. At Qeshle, the police told Mrs Dirawi that her husband
would be kept for 24 hours and then transferred to a judge. At 8am
the following morning, Mrs. Dirawi rang the police station and they
told her that her husband had been taken by the Israeli Secret
Intelligence (Shabak) and he would be kept for interrogation for 12
days. They refused to tell her where he was or to let him meet with a
lawyer during this period.
On February 24th, another DCI/PS lawyer was able to visit Mr. Dirawi,
in Asyun military prison in the Negev, when he related the details of
his treatment, transportation and detention. Allegedly on the way to
the prison, soldiers beat him, pushed him to the floor of the jeep
and stamped on him with their boots, hitting him with their fists and
rifle butts. Mr. Dirawi sustained heavy bruising and a broken lower
jaw. It has been reported that at the Negev checkpoint, a Russian
soldier, Mr. Strovosky, beat him even more violently in a further
attack.
On his arrival at Asyun military prison at 1.30am on February 22nd,
Mr. Dirawi was tied up outside with his hands locked above him, a
form of torture known as "shabah". He was kept in this position
throughout the freezing rain and snowstorm of that night until
8.30am. When he asked the
prison guards for food, he was punished by being kept in this
position for a further four hours.
According to the information received, soldiers then found out that
Mr. Dirawi was a human rights lawyer and as a consequence of this his
treatment worsened. Mr. Dirawi has been working for DCI/PS as a
researcher and a lawyer for below 18 political prisoners in the
Palestinian courts for 10 months. He is the coordinator of DCI/PS
Juvenile Justice Program in the Palestinian Areas, a program
supported by UNICEF. Prior to joining DCI/PS he was employed by Al
Haq, a Palestinian human rights organization based in
Ramallah. He is also the author of several books and research papers
on Palestinian legal issues, including a pioneering study on the
Palestinian State Security Court, which was published in 2000.
At the present time, Mr. Dirawihe is allegedly being held, along with
80 others in Asyun prison, without charges or trial, suffering from
extreme cold, hunger and lack of medical care. Under Israeli law, Mr.
Dirawi can be detained for 12 days without charges or coming before a
military judge or court. The prison has no official administration,
and many issues are left up to the individual soldiers.
The Observatory is gravely concerned for the physical and
psychological integrity of Mr. Daoud Dirawi as well as the
allegations of torture used against him. In addition, the Observatory
is seriously concerned by the deteriorating situation of human rights
defenders prevailing in Israel, in particular against human rights
lawyers.
Action requested :
Please write to the authorities of Israel urging them to:
i. Guarantee in all circumstances, the physical and psychological
integrity of Mr. Dirawi and provide him with appropriate medical
treatment as a matter of urgency. In general, put an end to any form
of harassment against human rights defenders in Israel;
ii. Immediately release Mr. Daoud Dirawi in the absence of charges
against him;
iii. Order a thorough and impartial investigation into the
circumstances of these events, notably the alleged violations of Mr.
Dirawi's fundamental rights and the physical attacks to which he was
subjected in detention, in order to identify those responsible, bring
them to trial and apply the penal, civil and/or administrative
sanctions as provided by law;
iv. Guarantee adequate reparation to Mr. Dirawi;
v. Conform to the provisions of the Declaration on Humans Rights
Defenders, adopted by the General Assembly of the United Nations on
December 9, 1998, in particular article 12.2 which states that "The
State should take all necessary measures to ensure the protection by
the competent authorities of everyone, individually or in association
with others, against any violence, threats, retaliation, de facto or
de jure adverse discrimination, pressure or any other arbitrary
action as a consequence of his or her legitimate exercise of the
rights referred to in the present Declaration", article 1 which
states that "everyone has the right, individually or in association
with others, to promote the protection and realization of human
rights and fundamental freedoms at the national and international
levels"; and article 9.3.c which states that everyone has the right
"to offer and provide professionally qualified legal assistance or
other relevant advice and assistance in defending human rights and
fundamental freedoms";
vi. Conform to the provisions of the Universal Declaration on Human
Rights and international instruments relating to Human Rights which
bind Israel.
Addresses :
Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan
Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax:
+ 972 2 651 2631
Yosef Lapid, Minister of Justice, 29 Salah Eddin Street, Jerusalem
91010, Israel. Fax : + 972 2 628 8618
Elyakim Rubinstein, Attorney-General, 29 Salah Eddin Street,
Jerusalem, Israel. Fax: + 972 2 6285438
Paris - Geneva, 5 March 2003
Kindly inform the Observatory of any action undertaken quoting the
code number of this appeal in your reply.
The Observatory, an 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.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch
The Observatory, an FIDH and OMCT venture, is dedicated to
the protection of Human Rights Defenders and aims to offer
them concrete support in time of need.
To Contact the Observatory, call The Emergency Line:
Tel: FIDH: 33 (0) 1 48 05 82 46
OMCT: 41 (0) 22 809 49 39
E-mail: observatoire@iprolink.ch