Israel/OPT
12.03.03
Urgent Interventions
Press release : Israel - Trial of conscientious objector Jonathan Ben Artzi
PRESS RELEASE - ISRAEL
Trial of conscientious objector Jonathan Ben Artzi
Paris-Geneva, 12th March 2003
The International Federation for Human Rights (FIDH) and the World
Organisation against Torture (OMCT), within the framework of their
joint programme the Observatory for the Protection of Human Rights
Defenders, would like to draw the attention on the case of Jonathan
Ben Artzi, a 20-year old Israeli student, who is facing trial in his
own country for having repeatedly refused to serve in the Israeli
army.
Jonathan Ben Artzi is a pacifist and is expressing his freedom of
expression in refusing to serve in the army thereby denouncing
violations of human rights by the Israeli army in the Occupied
Territories, and the impunity for such acts. So far, he has served
seven consecutive prison sentences. In total, he has spent 196 days
behind bars. On February 19, 2003, he was brought before the Military
Court in Jaffa in order to be court martialled. The first hearing was
held on Tuesday 11th March 2003. He could face a sentence of up to
three years. The second hearing is due to take place on the 25th
March 2003. Parallel to these proceedings, the Supreme Court of
Jerusalem will render a decision next week on whether the Jaffa Court
Martial should or not defer the case to the competence of the civil
courts.
The several imprisonments imposed on Jonathan Ben Artzi are contrary
to article 18 of the International Covenant on civil and political
rights, which ensures freedom of thought, conscience and religion.
Even though article 18 does not explicitly refer to conscientious
objectors, the Human rights committee, in its General Observation n°
22, confirmed that they are protected by article 18, and it should
also be mentioned that, in its 2001 annual report, the Working group
on arbitrary detention stated that imprisonment of conscientious
objectors was contrary to article 18 § 2 of the Covenant. Finally,
the Working group, in its second recommendation (E/CN.4/2001/14,
chap.IV, sect. B), warns that justice should not be used as a means
to lead a conscientious objector to go against his beliefs.
Jonathan Ben Artzi's court martialling is the first since the 1970's.
This proves, if need be, that the Israeli authorities are trying to
prevent conscientious objectors from exercising their fundamental
right to refuse military service, especially bearing in mind that the
case of Jonathan Ben Artzi is not unique.
The Observatory has decided to follow the matter closely and will be
sending a judicial observer to the hearing of the 25th March 2003 in
Jaffa.
For further details please contact:
FIDH : Driss el Yazami, tél : 00 33 1 43 55 20 11, fax : 00 33 1 43
55 18 80
OMCT : Eric Sottas, tél : 00 41 22 809 49 39 ; fax : 00 41 22 809 49
29
Trial of conscientious objector Jonathan Ben Artzi
Paris-Geneva, 12th March 2003
The International Federation for Human Rights (FIDH) and the World
Organisation against Torture (OMCT), within the framework of their
joint programme the Observatory for the Protection of Human Rights
Defenders, would like to draw the attention on the case of Jonathan
Ben Artzi, a 20-year old Israeli student, who is facing trial in his
own country for having repeatedly refused to serve in the Israeli
army.
Jonathan Ben Artzi is a pacifist and is expressing his freedom of
expression in refusing to serve in the army thereby denouncing
violations of human rights by the Israeli army in the Occupied
Territories, and the impunity for such acts. So far, he has served
seven consecutive prison sentences. In total, he has spent 196 days
behind bars. On February 19, 2003, he was brought before the Military
Court in Jaffa in order to be court martialled. The first hearing was
held on Tuesday 11th March 2003. He could face a sentence of up to
three years. The second hearing is due to take place on the 25th
March 2003. Parallel to these proceedings, the Supreme Court of
Jerusalem will render a decision next week on whether the Jaffa Court
Martial should or not defer the case to the competence of the civil
courts.
The several imprisonments imposed on Jonathan Ben Artzi are contrary
to article 18 of the International Covenant on civil and political
rights, which ensures freedom of thought, conscience and religion.
Even though article 18 does not explicitly refer to conscientious
objectors, the Human rights committee, in its General Observation n°
22, confirmed that they are protected by article 18, and it should
also be mentioned that, in its 2001 annual report, the Working group
on arbitrary detention stated that imprisonment of conscientious
objectors was contrary to article 18 § 2 of the Covenant. Finally,
the Working group, in its second recommendation (E/CN.4/2001/14,
chap.IV, sect. B), warns that justice should not be used as a means
to lead a conscientious objector to go against his beliefs.
Jonathan Ben Artzi's court martialling is the first since the 1970's.
This proves, if need be, that the Israeli authorities are trying to
prevent conscientious objectors from exercising their fundamental
right to refuse military service, especially bearing in mind that the
case of Jonathan Ben Artzi is not unique.
The Observatory has decided to follow the matter closely and will be
sending a judicial observer to the hearing of the 25th March 2003 in
Jaffa.
For further details please contact:
FIDH : Driss el Yazami, tél : 00 33 1 43 55 20 11, fax : 00 33 1 43
55 18 80
OMCT : Eric Sottas, tél : 00 41 22 809 49 39 ; fax : 00 41 22 809 49
29