Palestine
17.05.00
Urgent Interventions
Palestine Autonomous Areas: threats
THE OBSERVATORY - URGENT APPEAL
New information
PAL 003 / 0005 / OBS 035.02
Threats
Palestine Autonomous Areas
17th 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.
New information :
The Observatory has just been informed that the Palestinian High Court has, after examining the complaints made by 7 NGO member lawyers, who were struck off the list of practicing lawyers by the Bar Association, demanded that the Bar suspend their decision and clarify, in the next 8 days, the reasons which motivated this measure. This action affects the following lawyers: M. Raji Sourani, Director of PCHR, Lyad Al Alami, Hanna Matar, Ashraf Nasralla, Ibrahim Sourani and Fouad Tarazi, members of PCHR, as well as a member of the Women’s Legal and Social Counselling Centre, Hana Al Bakri.
The Observatory warmly welcomes the decision of the High Court but remains mobilized.
Indeed, today, the Observatory was informed that Mr. Khader Shkirat, the director general of LAW and lawyer, was the subject of a similar measure against the 7 lawyers afore-mentioned. He received a notification written by the interim Council of the Palestinian Bar Association, informing him that his name had been removed from the list of practicing lawyers, taking away his right to lodge complaints in Palestinian tribunals and practice his profession. This measure was adopted by the Council, even though its legal mandate terminated on 9th May 2000.
The Observatory emphasises that Mr. Khader Shkirat had recently publicly announced his candidature for the Bar Association elections.
The Observatory recalls that these decisions recently taken against a number of NGO member lawyers constitutes a grave violation against the freedom of action of human rights defenders in Palestine and is a blatant violation of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on 9th December 1998; this guarantees in article 9.3 c that « in the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms ».
This decision also contradicts the Basic principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in September 1990, which guarantee that « Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local , national or international organisations, and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organisation ».
Brief reminder of the situation
The Observatory was informed by the Palestinian Centre for Human Rights (PCHR), a member of FIDH, and by the Palestinian Society for the Protection for Human Rights and the Environment (LAW), a member of both the FIDH and OMCT, that on 10th May 2000, the Acting Council of the Palestinian Bar Association sent a notice to 31 lawyers informing them that their names have been « transferred from the list of practising lawyers to the list of non practising lawyers ».
It seems that this measure is aimed at neutralising the activity of human rights defender lawyers, who, notably, regularly file complaints with the High Court for crimes of torture, aiming essentially at members of the police and security services.
On 9th May 2000, the Observatory was also informed by LAW of threats against Mr. Shkirat. The 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.
In response to an article in the Al Risale newspaper, in which Mr. Shkirat speculated that many Bar members also work for the security forces, 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.
Action Requested :
Please write to the Palestinian authorities urging that they :
i.- ensure the full freedom of action of human rights defenders in Palestine and notably their right to offer judicial assistance to victims of human rights violations, in conformity with article 9.3.c of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on December 9th 1998; with this aim, ensure that the above mentioned lawyers and human rights defenders be reintegrated in the list of practising lawyers of the Bar association.
ii. abide by all provisions of the Declaration on Human Rights Defenders 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 abide by the provisions of the Universal Declaration of Human Rights and the regional and international covenants.
Please write to the Appointed Head of the Bar Association and the Minister of Justice urging that he adopts all necessary measures, so that the lawyers and human rights defenders above mentioned be reintegrated in the list of practising lawyers of the Bar Association.
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
Abdelraham Abu Nasser, Appointed Head of the Bar Association, Fax: ++972 2 295 20 10 / 284 92 11
Paris - Geneva, 17th 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
New information
PAL 003 / 0005 / OBS 035.02
Threats
Palestine Autonomous Areas
17th 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.
New information :
The Observatory has just been informed that the Palestinian High Court has, after examining the complaints made by 7 NGO member lawyers, who were struck off the list of practicing lawyers by the Bar Association, demanded that the Bar suspend their decision and clarify, in the next 8 days, the reasons which motivated this measure. This action affects the following lawyers: M. Raji Sourani, Director of PCHR, Lyad Al Alami, Hanna Matar, Ashraf Nasralla, Ibrahim Sourani and Fouad Tarazi, members of PCHR, as well as a member of the Women’s Legal and Social Counselling Centre, Hana Al Bakri.
The Observatory warmly welcomes the decision of the High Court but remains mobilized.
Indeed, today, the Observatory was informed that Mr. Khader Shkirat, the director general of LAW and lawyer, was the subject of a similar measure against the 7 lawyers afore-mentioned. He received a notification written by the interim Council of the Palestinian Bar Association, informing him that his name had been removed from the list of practicing lawyers, taking away his right to lodge complaints in Palestinian tribunals and practice his profession. This measure was adopted by the Council, even though its legal mandate terminated on 9th May 2000.
The Observatory emphasises that Mr. Khader Shkirat had recently publicly announced his candidature for the Bar Association elections.
The Observatory recalls that these decisions recently taken against a number of NGO member lawyers constitutes a grave violation against the freedom of action of human rights defenders in Palestine and is a blatant violation of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on 9th December 1998; this guarantees in article 9.3 c that « in the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms ».
This decision also contradicts the Basic principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in September 1990, which guarantee that « Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local , national or international organisations, and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organisation ».
Brief reminder of the situation
The Observatory was informed by the Palestinian Centre for Human Rights (PCHR), a member of FIDH, and by the Palestinian Society for the Protection for Human Rights and the Environment (LAW), a member of both the FIDH and OMCT, that on 10th May 2000, the Acting Council of the Palestinian Bar Association sent a notice to 31 lawyers informing them that their names have been « transferred from the list of practising lawyers to the list of non practising lawyers ».
It seems that this measure is aimed at neutralising the activity of human rights defender lawyers, who, notably, regularly file complaints with the High Court for crimes of torture, aiming essentially at members of the police and security services.
On 9th May 2000, the Observatory was also informed by LAW of threats against Mr. Shkirat. The 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.
In response to an article in the Al Risale newspaper, in which Mr. Shkirat speculated that many Bar members also work for the security forces, 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.
Action Requested :
Please write to the Palestinian authorities urging that they :
i.- ensure the full freedom of action of human rights defenders in Palestine and notably their right to offer judicial assistance to victims of human rights violations, in conformity with article 9.3.c of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on December 9th 1998; with this aim, ensure that the above mentioned lawyers and human rights defenders be reintegrated in the list of practising lawyers of the Bar association.
ii. abide by all provisions of the Declaration on Human Rights Defenders 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 abide by the provisions of the Universal Declaration of Human Rights and the regional and international covenants.
Please write to the Appointed Head of the Bar Association and the Minister of Justice urging that he adopts all necessary measures, so that the lawyers and human rights defenders above mentioned be reintegrated in the list of practising lawyers of the Bar Association.
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
Abdelraham Abu Nasser, Appointed Head of the Bar Association, Fax: ++972 2 295 20 10 / 284 92 11
Paris - Geneva, 17th 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