Israel/OPT
07.02.00
Urgent Interventions
'Israel: High Court of Justice refused to accept PCATI's petition
Case ISR 050100.2
Follow-up to case ISR 050100
Geneva, 7th February 2000
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel.
Brief reminder of the situation
The International Secretariat of OMCT received reports from the Public Committee Against Torture in Israel (PCATI), a member of the OMCT network, that Bassam Na’im Ashak Natshe, I.D. #982732596, a Hebron resident and father of four, was arrested on 30 December 1999.
According to the information received, Bassam Na’im Natshe was arrested and has been detained since in the GSS interrogation Unit of the Shikma Detention Center in Ashkelon. On 2 January 2000, the counsel for Mr. Natshe attempted to meet with him but was informed by the Shikma Detention Center that an Order Prohibiting Meeting with Counsel had been imposed through to January 6 2000.
Therefore, on January 3, PCATI, through its attorney Na’il Zahalka from the office of Attorney Andre Rosenthal, filed a petition to the High Court of Justice demanding that the Order Prohibiting Meeting with Counsel be lifted and that Mr. Natshe be informed that he has legal representation.
This petition was refused on 4 January. GSS lawyer, attorney Aner Helmann assured the court that he will inform Mr. Natshe that he is represented and by whom.
On January 6, a military judge extended Mr. Natshe’s detention by 20 days and the Order prohibiting Meeting with Counsel was extended through 10 January. However, the Order was in fact issued through 13 January.
On 12 January, PCATI filed a second petition to the High Court of Justice.
New Information
The International Secretariat of OMCT has received new information stating that on 13 January the High Court of Justice refused to accept PCATI's petition [case #310/2000] on the basis of national security and necessity of closed interrogation.
On 24 January attorney Na'il Zahalka met with Mr. Natshe, and learned that Mr. Natshe knew that he was represented and by whom. He also knew about the petitions filed in the High Court of Justice on his behalf. In this meeting, Mr. Natshe told attorney Na'il Zahalka that he was held in the G.S.S collaborators’ cell. On the same day, 24 January, the Military Court in Erez extended his detention by 18 days.
On 27 January attorney Na'il Zahalka attempted to meet with his client, but was informed that an Order Prohibiting Meeting with Lawyer had been issued against Mr. Natshe. Attorney Na'il Zahalka did not receive any papers concerning the above order, or any information about its duration. On the same day, he asked Attorney Aner Helmann from the General Attorney's office to inform him about the length of the order. Only on 30 January did he receive, by fax, a copy of the 27 January decision of Military Judge Sigal Mish'al to extended the Meeting Prohibition Order through 4 February 2000, midnight.
Therefore, on 30 January PCATI, through its attorney Andre Rosenthal, filed a third petition to the High Court of Justice demanding that the Order Prohibiting Meeting with Counsel be revoked.
Mr. Natshe is still being held at the Shikma detention center.
Action requested
Please write to the authorities in Israel urging them to:
i. guarantee the physical and psychological integrity of Bassam Na’im Ashak Natshe;
ii. ensure his immediate release if he is being held in detention without any valid charges or, in the event that there is, bring him immediately before a competent and impartial tribunal and guarantee his full procedural rights as well as their right to legal counsel at all times, in conformity with the international human rights standards;
iii. guarantee all human rights and fundamental freedoms in accordance with international human rights standards.
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, 7th February 2000.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up to case ISR 050100
Geneva, 7th February 2000
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel.
Brief reminder of the situation
The International Secretariat of OMCT received reports from the Public Committee Against Torture in Israel (PCATI), a member of the OMCT network, that Bassam Na’im Ashak Natshe, I.D. #982732596, a Hebron resident and father of four, was arrested on 30 December 1999.
According to the information received, Bassam Na’im Natshe was arrested and has been detained since in the GSS interrogation Unit of the Shikma Detention Center in Ashkelon. On 2 January 2000, the counsel for Mr. Natshe attempted to meet with him but was informed by the Shikma Detention Center that an Order Prohibiting Meeting with Counsel had been imposed through to January 6 2000.
Therefore, on January 3, PCATI, through its attorney Na’il Zahalka from the office of Attorney Andre Rosenthal, filed a petition to the High Court of Justice demanding that the Order Prohibiting Meeting with Counsel be lifted and that Mr. Natshe be informed that he has legal representation.
This petition was refused on 4 January. GSS lawyer, attorney Aner Helmann assured the court that he will inform Mr. Natshe that he is represented and by whom.
On January 6, a military judge extended Mr. Natshe’s detention by 20 days and the Order prohibiting Meeting with Counsel was extended through 10 January. However, the Order was in fact issued through 13 January.
On 12 January, PCATI filed a second petition to the High Court of Justice.
New Information
The International Secretariat of OMCT has received new information stating that on 13 January the High Court of Justice refused to accept PCATI's petition [case #310/2000] on the basis of national security and necessity of closed interrogation.
On 24 January attorney Na'il Zahalka met with Mr. Natshe, and learned that Mr. Natshe knew that he was represented and by whom. He also knew about the petitions filed in the High Court of Justice on his behalf. In this meeting, Mr. Natshe told attorney Na'il Zahalka that he was held in the G.S.S collaborators’ cell. On the same day, 24 January, the Military Court in Erez extended his detention by 18 days.
On 27 January attorney Na'il Zahalka attempted to meet with his client, but was informed that an Order Prohibiting Meeting with Lawyer had been issued against Mr. Natshe. Attorney Na'il Zahalka did not receive any papers concerning the above order, or any information about its duration. On the same day, he asked Attorney Aner Helmann from the General Attorney's office to inform him about the length of the order. Only on 30 January did he receive, by fax, a copy of the 27 January decision of Military Judge Sigal Mish'al to extended the Meeting Prohibition Order through 4 February 2000, midnight.
Therefore, on 30 January PCATI, through its attorney Andre Rosenthal, filed a third petition to the High Court of Justice demanding that the Order Prohibiting Meeting with Counsel be revoked.
Mr. Natshe is still being held at the Shikma detention center.
Action requested
Please write to the authorities in Israel urging them to:
i. guarantee the physical and psychological integrity of Bassam Na’im Ashak Natshe;
ii. ensure his immediate release if he is being held in detention without any valid charges or, in the event that there is, bring him immediately before a competent and impartial tribunal and guarantee his full procedural rights as well as their right to legal counsel at all times, in conformity with the international human rights standards;
iii. guarantee all human rights and fundamental freedoms in accordance with international human rights standards.
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, 7th February 2000.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.