Nov 9 1998

Welfare Association Closed

Palestinian Security Services have continued the arrest campaign against Islamic opposition, that began after the Wye Agreement on 23 October 1998. Recently, this has involved the closure of welfare organisations, perhaps as part of the PNA's obligations in Wye.

The numbers detained by Palestinian Security Services has reached 240 and it is expected that further arrests and detention will occur. These may now focus on Islamic Jihad, which seems to have claimed responsibility for the Mahane Yehuda suicide bombing. Information obtained by LAW's fieldwork team has shown that the arrests have involved excessive force against persons and house searches being conducted without warrant.

Islamic welfare organisations have also been a target of the campaigns; for example, Police Commander of the Bethlehem District issued an oral order to seal off Anaqa' Islamic Women's Society in the city of Bethlehem. The Director of the Society, Itaf Elayan, was informed about the decision only when the police officers arrived at the premises, before closing the organisation, the offices were searched and a number of items were confiscated.

The Anaqa' Islamic Women's Society contains an outpatient health clinic and a kindergarten. The Women's Society obtained its license to operate from the PNA in June 1998. There is no evidence that this organisation has any relation with bombings or other criminal activities.

These arrests appear to be undertaken against persons who are suspected of being members or associated with Hamas or other Palestinian political parties. However, as all the political parties are legal, arrests for this political association are illegal and a violation of the right to free expression and association, as expressed in articles 19 and 20 of the Universal Declaration of Human Rights. For an arrest to be legal, a detained person must be suspected of participating or aiding the commission of a crime. As this appears not to be the case, the round of arrests by the PNA must be illegal and arbitrary arrest is in violation of article 9 of the Universal Declaration. Moreover, it is feared that those detained will be denied the right to instruct a lawyer and to a fair trial, violating article 8, 10 and 11. The closure of organisations breaches rights to free association and health assistance (article 25).

LAW calls for an immediate cessation of all arbitrary arrests, the release or charge and trial of those detained. It also calls for a lawful investigation to determine criminal liability. Until such time, all organisations should be allowed to operate freely.

LAW - The Palestinian Society for the Protection of Human Rights and the Environment is a non-governmental organisation dedicated to preserving human rights through legal advocacy LAW is affiliate to the International Commission of Jurists (ICJ) and the Fédération Internationale des Ligues de Droits de l'Homme (FIDH).

Previous reports from LAW at Ariga