Israel/OPT
05.01.00
Urgent Interventions
Israel: prohibition of meeting counsel
Case ISR 291199.2
Follow-up of case ISR 291199 and ISR 291199.1
Geneva, 5th January 2000
The International Secretariat requests your URGENT intervention in the following situation in Israel.
Brief reminder of the situation
The International Secretariat of OMCT was informed by the Public Committee Against Torture, (PCATI), member of the OMCT network, that Osama Ismail Shaker Natshe, 31, a Hebron resident, was arrested on 18th November 1999, and was being detained incommunicado in the GSS Interrogation Unit of the Shikma Detention Center.
According to the information, on 22nd November, Mr. Natshe's counsel attempted to meet with him but was informed by the Shikma Detention Center that an Order Prohibiting Meeting with Counsel had been imposed through 25th November.
On 23rd November 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 was represented and by whom. His attorney further demanded that Mr. Natshe be present in court while his case was discussed. The High Court of Justice refused to accept PCATI's petition, and that the Order Prohibiting Meeting with Counsel has been extended through 28th November.
On 25 November Mr. Natshe’s detention was extended by a military judge by 25 days.
A second petition was filed on 30 November PCATI, through its attorney Na'il Zahalka from the office of Attorney Andre Rosenthal, to the High Court of Justice demanding that the Order Prohibiting Meeting with Counsel be lifted and that Mr. Natshe be informed that he was represented and by whom. His attorney conceded demanding that Mr. Natshe will be present in court.
The High Court of Justice refused to accept PCATI's petition, and the order prohibiting meeting with a lawyer has been extended through 9 December, when the GSS was to decide whether to extend it again. Again, a very long period (7 days) of meeting prohibition was obtained, since the meeting prohibition was to expire at Thursday midnight, which means he wasn’t able to meet his lawyer until Sunday December 12th.
Therefore, on 6 December PCATI, through its attorney Mustafa Yihie from the office of Attorney Andre Rosenthal, filed a third petition to the High Court of Justice. On 7 December PCATI’s appeal against the extension of Mr. Natshe’s detention was rejected.
On 13 December Mr. Aner Helmann, chief assistant to State Attorney, informed attorney Na’il Zahalka from the office of Attorney Andre Rosenthal that the order meeting prohibition was extended through 17 December, which is Friday, so the matter will be discussed again on Sunday, December 19th. As a result, on 14 December PCATI, through its attorney Na'il Zahalka, had filed a fourth petition to the High Court of Justice with the same demands as before.
New Information
The International Secretariat of OMCT has received new information from PCATI that on 15 December PCATIs petition was withdrawn, since attorney Aner Helman, who represents GSS in court, informed us that a military judge would be asked the next day to re-extend the Meeting-Prohibition Order. On 16 December, military judge Sigal Mish'al extended the Meeting-Prohibition Order through 25 December. PCATI, through its attorney Na'il Zahalka appealed against this decision and against the decision from 13 December to extend Mr. Natshe's detention by 21 days. The appeal was filed to the Military Court for Appeals in Beit-El.
According to the information, on 23 December military judge Eitan Haberman from the Military Court for Appeals refused to accept PCATI's appeal [appeal #204/99 ]. It appears that the court had not decided whether it was authorized to discuss the extension of the Meeting Prohibition Order, as the Military Advocate proclaimed.
On 26 December PCATI was informed by the Shikma detention Center authorities that the Meeting Prohibition Order was extended through 30 December, Thursday midnight, which means that Mr. Natshe would not be able to meet with his lawyer until Sunday January 2nd 2000. Thus, the Order Meeting Prohibition amounted to a lengthy 46 days.
Therefore, on 26 December PCATI, through its attorney Andre Rosenthal, filed a fifth 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's represented and by whom. The petition was dismissed when the State Attorney promised to lift the order prohibiting meeting with counsel.
Mr. Natshe met his attorney on Thursday 30 December 1999 and let his attorney know that he was not tortured during his long interrogation.
The International Secretariat remains gravely concerned by the situation of Mr. Natshe. It would also like to recall that the detention of Mr. Natshe is under the responsibility of Israeli authorities and urges them to uphold his right to legal counsel and to a fair and impartial trial, as established in the International Covenant on Civil and Political Rights, ratified by Israel.
Actions requested
Please write to the Israeli authorities urging them to:
i. guarantee the physical and psychological integrity of Mr. Osama Ismail Shaker Natshe at all times;
ii. order his immediate release if he is being held in detention without any valid charges or, in the event that they have been charged, bring them immediately before a competent and impartial tribunal and guarantee his full procedural rights as well as his 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.
General Antoine Lahad South Lebanon Army, c/o Lieutenant-General Shaul Mufaz, Chief of General Staff, 7 `A' Street, Hakirya, Tel Aviv, Israel
Fax: + 972 3 691 6940
The Embassy of Israel in your respective countries.
Geneva, 5th December 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of case ISR 291199 and ISR 291199.1
Geneva, 5th January 2000
The International Secretariat requests your URGENT intervention in the following situation in Israel.
Brief reminder of the situation
The International Secretariat of OMCT was informed by the Public Committee Against Torture, (PCATI), member of the OMCT network, that Osama Ismail Shaker Natshe, 31, a Hebron resident, was arrested on 18th November 1999, and was being detained incommunicado in the GSS Interrogation Unit of the Shikma Detention Center.
According to the information, on 22nd November, Mr. Natshe's counsel attempted to meet with him but was informed by the Shikma Detention Center that an Order Prohibiting Meeting with Counsel had been imposed through 25th November.
On 23rd November 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 was represented and by whom. His attorney further demanded that Mr. Natshe be present in court while his case was discussed. The High Court of Justice refused to accept PCATI's petition, and that the Order Prohibiting Meeting with Counsel has been extended through 28th November.
On 25 November Mr. Natshe’s detention was extended by a military judge by 25 days.
A second petition was filed on 30 November PCATI, through its attorney Na'il Zahalka from the office of Attorney Andre Rosenthal, to the High Court of Justice demanding that the Order Prohibiting Meeting with Counsel be lifted and that Mr. Natshe be informed that he was represented and by whom. His attorney conceded demanding that Mr. Natshe will be present in court.
The High Court of Justice refused to accept PCATI's petition, and the order prohibiting meeting with a lawyer has been extended through 9 December, when the GSS was to decide whether to extend it again. Again, a very long period (7 days) of meeting prohibition was obtained, since the meeting prohibition was to expire at Thursday midnight, which means he wasn’t able to meet his lawyer until Sunday December 12th.
Therefore, on 6 December PCATI, through its attorney Mustafa Yihie from the office of Attorney Andre Rosenthal, filed a third petition to the High Court of Justice. On 7 December PCATI’s appeal against the extension of Mr. Natshe’s detention was rejected.
On 13 December Mr. Aner Helmann, chief assistant to State Attorney, informed attorney Na’il Zahalka from the office of Attorney Andre Rosenthal that the order meeting prohibition was extended through 17 December, which is Friday, so the matter will be discussed again on Sunday, December 19th. As a result, on 14 December PCATI, through its attorney Na'il Zahalka, had filed a fourth petition to the High Court of Justice with the same demands as before.
New Information
The International Secretariat of OMCT has received new information from PCATI that on 15 December PCATIs petition was withdrawn, since attorney Aner Helman, who represents GSS in court, informed us that a military judge would be asked the next day to re-extend the Meeting-Prohibition Order. On 16 December, military judge Sigal Mish'al extended the Meeting-Prohibition Order through 25 December. PCATI, through its attorney Na'il Zahalka appealed against this decision and against the decision from 13 December to extend Mr. Natshe's detention by 21 days. The appeal was filed to the Military Court for Appeals in Beit-El.
According to the information, on 23 December military judge Eitan Haberman from the Military Court for Appeals refused to accept PCATI's appeal [appeal #204/99 ]. It appears that the court had not decided whether it was authorized to discuss the extension of the Meeting Prohibition Order, as the Military Advocate proclaimed.
On 26 December PCATI was informed by the Shikma detention Center authorities that the Meeting Prohibition Order was extended through 30 December, Thursday midnight, which means that Mr. Natshe would not be able to meet with his lawyer until Sunday January 2nd 2000. Thus, the Order Meeting Prohibition amounted to a lengthy 46 days.
Therefore, on 26 December PCATI, through its attorney Andre Rosenthal, filed a fifth 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's represented and by whom. The petition was dismissed when the State Attorney promised to lift the order prohibiting meeting with counsel.
Mr. Natshe met his attorney on Thursday 30 December 1999 and let his attorney know that he was not tortured during his long interrogation.
The International Secretariat remains gravely concerned by the situation of Mr. Natshe. It would also like to recall that the detention of Mr. Natshe is under the responsibility of Israeli authorities and urges them to uphold his right to legal counsel and to a fair and impartial trial, as established in the International Covenant on Civil and Political Rights, ratified by Israel.
Actions requested
Please write to the Israeli authorities urging them to:
i. guarantee the physical and psychological integrity of Mr. Osama Ismail Shaker Natshe at all times;
ii. order his immediate release if he is being held in detention without any valid charges or, in the event that they have been charged, bring them immediately before a competent and impartial tribunal and guarantee his full procedural rights as well as his 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.
General Antoine Lahad South Lebanon Army, c/o Lieutenant-General Shaul Mufaz, Chief of General Staff, 7 `A' Street, Hakirya, Tel Aviv, Israel
Fax: + 972 3 691 6940
The Embassy of Israel in your respective countries.
Geneva, 5th December 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.