ISR 001 / 1013 / OBS084.1

Release on bail /

Judicial harassment

Israel / Occupied

PalestinianTerritory

October 24, 2013

The Observatory for the Protection of HumanRights Defenders, a joint programme of the World Organisation Against Torture(OMCT) and the International Federation for Human Rights (FIDH), has receivednew information regarding the following situation in Israel and the OccupiedPalestinian Territory.

New information:

The Observatory has been informed by theAddameer Prisoner Support and Human Rights Association about the release onbail of Mr. Anas Anise Hussein Barghouthi, a Palestinian human rightslawyer who defends Palestinian political prisoners arrested by Israel and thePalestinian Authority[1].

According to the information received, onOctober 22, 2013, the Ofer Military CourtJudge issued an order to release Mr. Anas Barghouthion a 12,000 NIS bail (about 2,475 euros), giving the prosecution 24 hours toappeal this decision. As the military prosecution decided not to appeal therelease order, Mr. Barghouthi was released on October 23, 2013 from OferMilitary Prison in Betunia at around 9:30pm, after paying the bail.

The Observatory welcomes the Ofer Military Court Judge’s decision, andthanks all the persons, institutions and organisations who intervened inhis favour. However, the Observatory remains concerned that charges remainpending against Mr. Barghouthi, which seem to be directly linked tohis human rights activities, and urges the Israeli authorities to put an end to all acts of harassment against him.

Backgroundinformation:

On September 15, 2013, at around 7pm, Mr. AnasBarghouthi was arrested by anofficer of the Israeli General Security Services (Shabak) and four Israeli armysoldiers as he was attempting to cross the “Container” military checkpoint between Bethlehem and Ramallah, where he was handcuffed and then taken to an interrogation room at the military checkpoint.Around 9:30pm, he was brought to an interrogationcentre in the settlement of Etzion, in the southern West Bank. In the first 36hours of arrest, Mr. Anas Barghouthi was fed only twice and was not allowed toshower or change his clothes neither he was given hygiene products. Inaddition, his lawyer was not able to have access to his client during the firstweek of his detention.

On September 17, 2013, Mr. Anas Barghouthi was transferredto Ofer Military Complex and presentedto the Military Court of Ofer, which decided to extend his detention withoutcharges until September 22, 2013, when the detention period was extended againuntil September 24.

On September 24, 2013, Mr. Anas Barghouthi was finally charged with the offences of “membership in an unlawful association” (the Popular Front forthe Liberation of Palestine, an organisation banned by Israel), and “leadership of a committee to organisedemonstrations”, under Articles 85(1)(a) and (b) of the 1945 Defence(Emergency) Regulations. Mr. Anas Barghouthi denies both charges. A firsthearing was held on October 1, 2013, when the trial was postponed until October9, 2013. On that day, the trial was again postponed until October 22 because bythe time he was presented to a judge, and despite the fact that Mr. AnasBarghouthi had been waiting at Ofer Military Court for several hours, he wasinformed that the court was closing and it was too late to hold the hearing.

Actions requested:

Please write to the authorities of Israel,urging them to:

i. Guarantee in all circumstances thephysical and psychological integrity of Mr. Anas Anise Hussein Barghouthi aswell as of all human rights defenders in Israel and the Occupied PalestinianTerritory;

ii. Put an end to all acts of harassment- including at the judicial level - against Mr. Anas Barghouthi, as well asagainst all human rights defenders and human rights organisations in Israel andthe Occupied Palestinian Territory so that they are able to carry out their work withoutunjustified hindrances;

iii. Comply with all the provisions ofthe United Nations Declaration on Human Rights Defenders, adopted by the UNGeneral Assembly on December 9, 1998, in particular:

- itsArticle 1, which provides that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”,

- itsArticle 12.2, which states that “the State shall take all necessary measures toensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

iv. More generally, ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and withinternational human rights instruments ratified by Israel.

Addresses

· Mr.Benjamin Netanyahu, Prime Minister of Israel, Office of the Prime Minister, 3Kaplan St., PO Box 187, Kiryat Ben-Gurion, Jerusalem 91950, Israel. Fax:+ 972 2 651 2631 / 02-670-5475. Email: b.netanyahu@pmo.gov.il, pm_eng@pmo.gov.il

· MosheYa’alon, Deputy Prime Minister and Minister of Defence, Ministry of Defence 37Kaplan Street, Hakirya, Tel Aviv 61909, Israel. Fax: +972 3 691 6940, (+972) 3696 2757.

· BrigadierGeneral Danny Efroni, Military Judge Advocate General, 6 David Elazar Street,Hakirya, Tel Aviv, Israel, Fax: +972 3 569 4526, Email: avimn@idf.gov.il

· H.E.Ambassador Mr. Eviatar Manor, Permanent Mission of Israel to theUnited Nations in Geneva, Avenue de laPaix 1-3, 1202 Geneva, Switzerland. Fax: +41 22 716 05 55. Email: mission-israel@geneva.mfa.gov.il

Please also write to the diplomaticrepresentations of Israel in your respective countries.

***

Geneva-Paris, October 24, 2013

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory, an OMCT and FIDH venture, isdedicated to the protection of human rights defenders and aims to offer themconcrete support in their time of need.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org
• Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
• Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

[1] Mr. Barghouthi has worked with Addameer from 2009 to2013, when he opened his own practice. Yet hecontinues volunteering with Addameer on specific cases. He represents victimsin court and plays a particularly active role on the monitoring of arbitraryarrests carried out by the Palestinian Authority. He also organises events topromote the defence and respect of Palestinian prisoners’ rights in Israeliprisons.