Palestine
10.05.00
Urgent Interventions

Palestine Autonomous Areas: threats

URGENT APPEAL- THE OBSERVATORY

PAL 003/0005/ OBS 035
Threats
Palestine Autonomous Areas
10th May 2000

The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your URGENT intervention with the Palestinian Authorities on the following situation.

Brief description of the situation :

The Observatory for the Protection of Human Rights Defenders has been informed by the Palestinian Society for the Protection for Human Rights and the Environment (LAW) a member of both the FIDH and OMCT, of threats made against lawyer and general director of LAW, Khader Shkirat.

According to the information received, Mr. Shkirat stated that Brigadier General Tawfeeq Al Tirawi, the chief of General Intelligence in the northern districts, had met the Deputy Head of the Bar Council and asked him to dismiss Mr. Shkirat from the Bar. The deputy head rejected the request and advised Al Tirawi to file any complaint that he may have against Mr. Shkirat with the Bar. A lawyer working for one of the Palestinian security services was brought in to testify that Mr. Shkirat had not previously practiced law.

This pressure comes within the framework of a reform of the Bar Association whose adoption gives rise to harsh criticism as a result of its non-conformity with democratic rules and principles.

On Thursday 27 April, it is reported that Mr Shkirat told the Al Risale newspaper that the ‘Lawyers for Change’ coalition was formulated in an attempt to reverse the deterioration of status of the legal profession. He mentioned the weakness and reticence of the Bar Association Council and speculated that the problem may lie in the fact that many Bar members also work for the security forces. In response, the Deputy Head of the Bar Council threatened, before a group of Assembly members, to shoot Mr. Shkirat in the middle of Ramallah if he did not remain silent. When challenged by Mr. Shkirat, the deputy head tried to dismiss the threat as a joke, but Mr. Shkirat views his threat as serious and dangerous.

On Saturday 6th May, the Bar’s General Assembly met in a particularly tense atmosphere. The next day, the Al Hayat Al Jadida newspaper published a statement by the Head of the Palestinian Bar Association to the effect that any director of an NGO should not be allowed to be a member of the Bar Association at the same time.

The Observatory and LAW consider this statement to be another form of incitement against Mr. Shkirat and more generally it represents a grave violation of the right to freedom of association and is contrary to international instruments for the protection of human rights and notably the Declaration on Human Rights Defenders.

Action Requested :

Please write to the Palestinian authorities urging that they :

i.- adopt all necessary measures in order to ensure full freedom of action of Mr. Khader Shkirat as a member of the Bar Association and of the Palestinian Society for the Protection for Human Rights and the Environment (LAW) and in doing so ensure his physical and psychological integrity;

ii. abide by the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on December 9th 1998 ("Declaration on the Rights and Responsibility of individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms ") and more particularly article 1 which provides 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".

iii.- more generally to abide by the provisions of the Universal Declaration of Human Rights and the regional and international covenants.

Addresses :

Yasser Arafat, President of the Palestinian Authority, Abu Khadra Building, Omar al-Mukhtar Street, Gaza, via Israel. Fax : + 972 7 2822 365/6 ( if voice, say «fax, please»).

Freih Abu Meddein, Palestinian Authority, Minister of Justice, Abu Khadra Building, Omar al-al-Mukhtar Street, Gaza, via Israel. Fax : +972 7 286 7109/ 282 0265

Qadura Fares, Chair, PLC Parliamentary Monitoring Committee, Fax: ++972 2 298 7629

The Bar Association, Fax: ++972 2 295 2010

Geneva, 10th May 2000

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

The Observatory, a joint 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 :Fax : 33 (0) 1 55 80 83 92
Tel FIDH 33 (0) 1 43 55 20 11 OMCT + 4122 809 49 39
E.Mail : observatoire@iprolink.ch