Assault on the right to life

During 1998, 10 Palestinians died in PA-controlled areas, one more than in the previous year. Of these, two were executed, three were killed by their colleagues in the security services, one was killed in a police station, one was killed in the Jericho detention centre in suspicious conditions, one died in hospital after sustaining injuries during beating sessions by Presidential security agents, one was killed by the Military Intelligence agents and one was killed by a policeman in the Betunia area of the district of Ramallah.

The murder of Mohammed Khaldi, 30, and his brother Majdi, 32, from the Nusairat Refugee Camp, could have led to armed conflict between two families in a society characterised by tribal and factional feuds. In a court case set up with unprecedented haste, the PA issued death sentences against the two brothers, Fares and Raed Abu Sultan. Two days later, the President approved the sentence and the two brothers were executed. On 30 August 1998, President Yasser Arafat approved and signed a military court order for the execution of three brothers from Gaza, Mohammad, Fares and Raed Abu Sultan. The three had been charged with the first degree murder of the two Al Khaldi brothers. The execution took place on the same day. Fares Abu Sultan's death sentence was reduced to life imprisonment.

Political Detention

1998 ended with 1,100 Palestinian prisoners in PA prisons who are being held without charge or trial, of whom 300 are political prisoners. The PA has conducted several arbitrary arrest campaigns against political opposition members. The first wave of arrests took place after the discovery of an explosives factory in the city of Nablus, north of the West Bank.

On March 29, following the assassination in Ramallah of Muhye Adin Sharif, the PSS launched a mass-arrest campaign and detained a number of people alleged to have taken part in the assassination. There is no documentation of the exact number of detainees, but LAW believes it could be as many as 58. Only 14 of those were later released. LAW condemns the arrests as illegal and suspects that torture could be involved in many cases. Among the detainees were prominent figures of the Hamas movement such as Dr Rantissi, Ibrahim Maqadma and Abdallah Ashami.

The Awadalla brothers, suspected of being members of the Hamas military wing, were also arrested but they were later killed by Israeli forces. LAW managed to obtain a release order from the High Court, but the Preventative Security refused to comply with the decision. Adassi remains incarcerated in the Jericho Detention Centre.

On 25 March 1998, political prisoners at the Juneid and Jericho detention centres declared a hunger strike in a demand for their release. Three of them were transferred to hospital due to a decline in their general health. LAW's lawyers tried to visit the detainees while they were on strike but were denied access. LAW warned that the hunger strike may expose the welfare and lives of the detainees to danger.

On 27 August 1998, Preventative Security agents raided the houses of four Communist Party members in Gaza. These were Mohammad Abu Shamala, Ahmad Abu Amra, Hisham Asatri and Ibrahim Farhat, all aged 17. Abu Shamala was arrested, taken to a detention centre in Rafah and placed under interrogation. He was charged with distributing a communiqui criticising the Preventative Security apparatus for beating and insulting LC members and peace activists. The communiqui called for the adoption of specific and determined responsibilities for each of the security service branches, and for the consolidation of an independent judiciary to make the rule of law a reference-point in the event of any dispute. Abu Shamala was tortured, insulted and humiliated. The other three were summoned by the Preventative Security agency and forced to sign a paper saying that they would refrain from distributing communiquis in the future. They were then offered work with the agency, but they all declined.

Since signing the Wye Plantation Agreement, the PSS have conducted an arrest campaign against Islamic opposition activists in the West Bank. In the Jenin area, three people, Sharif Muhyiaddin, Mahmoud Arran, and Ziad Jaber were detained by the General Intelligence Agency.

In the district of Hebron, six people, Fahed Al Qasrawi, Dirar Abu Munshar, Daoud al-Qawasmi, Mohammed Arafeh, Ghazi Arafe, Nasser Shahin and Munir al-Hroub, have also been detained.

In another incident, the PSS arrested several members of the Popular Front organisation following a public gathering in protest at the Wye Agreement. On 6 November 1998, the police arrested some prominent figures in the organisation - Fayez Abu Sharkh, Nasser Anasser, Ussama Abu Ufeh, Ramez Ukasha, Shaker Al Hassanat and Zeidan Qamout.

Following a peaceful demonstration organised in Gaza on Friday December 18 1998, the Palestinian police summoned four politicians, to meet Talal Abu Zaid, manager of the penal investigation office. Jamil Majdalawi and Kayed al-Ghoul are both members of the Palestinian National Council, and Dr Rabah Muhanna and Walid al-Ghoul are prominent figures in the Popular Front for the Liberation of Palestine. Ostensibly they went to drink coffee with Abu Zaid, but the matter took another turn and they were held incommunicado for several hours.

On 13 September 1998, Yousef and Shaher Arai' declared a hunger strike in protest against their detention. The Arai' cousins have been held in the Jericho Detention Centre for the past three years, having been sentenced on 3 September 1995 to seven years' imprisonment by the State Security Court. In spite of repeated calls for their release, the PA is adamant that they should remain in custody.

In 1998, as in previous years, LAW committed itself to a regular prison-visit schedule. During the period covered by this report, LAW's lawyers made about 90 visits to the following prisons: Central Nablus Prison, Jenin Central prison, Jneid Prison, the General Intelligence Prison, the Bethlehem police prison, the Bethlehem General Intelligence Prison, Ramallah Central Prison, Jericho Civil Prison, Jericho Military Prison, the National Security Prison in Qalailya and the National Security Prison in Tulkarem. Our lawyers met with 790 prisoners.

Torture and ill treatment

With reference to interrogation procedures, LAW received many complaints against the security apparatuses, especially the Police Force and the Criminal Department, where victims have been exposed to torture and maltreatment. LAW reported to the Police Commander and other high-ranking officials in the West Bank and Gaza. It was noted that the police apparatus was very prompt in responding to the complaints.

However, many people have been tortured by Military Intelligence agents. Among these was Hamad al-Ghaghoub, who was badly tortured at the Jericho detention centre. In another incident, the Palestinian General Intelligence Agency detained and tortured two citizens, Nathir Msalma, 33, and Amin Masalma, 26, both believed to be employees of the Ramallah Arab Bank. Amin was accused of embezzling 62,500 NIS and giving the cash to a non-beneficiary.

One Jenin resident, name withheld, filed a complaint with LAW in which he claimed to have been tortured during his detention by the General Intelligence Agency. He was charged with throwing stones at his uncle's house - a charge which he adamantly refused. When he did so, he was assaulted by a number of agents and severely beaten.

On 19 May 1998, Mohammad Jawabra, 60, from Aseera Ashimalieh filed a complaint with LAW against the Presidential Security, who he alleges beat, insulted and humiliated him during his detention.

Hamdan Shahin, from Sawya village, filed a complaint against Preventative Security agents in Nablus. Shahin faced 3 charges. He was detained and interrogated but denied the charges. He said, "After denying the charges, I was subjected to various forms of torture over several hours. I was kept hooded all that time."

On 16 August 1998, two citizens, Abdallah al-Jabarine, 41, and Wassef Ayayda, 31, were detained at the Hebron detention centre by Preventative Security and Force 17 agents. During their interrogation, they were made to suffer various forms of torture including skull-hair removal, severe beating, sleep deprivation and hooding. A video tape of al-Jabarine after his release showed bruising all over his body. LAW was able to obtain two affidavits from the released detainees, in which they gave details of their detention and the conditions of their interrogation. LAW filed a complaint to the competent security services, but has not yet received an answer.

Violation of the right of freedom of expression and opinion

The PA seems to have decided to withdraw the right to freedom of expression and opinion. They have closed several private television stations, detained reporters and assaulted others while they were working. In an incident on 7 May 1998, a team from the Watan TV station was on its way to investigate a shooting incident when 10 policemen brutally assaulted one of the cameramen and attempted to smash his camera. One policeman managed to take the film from inside the camera and destroy it in front of several bystanders, while other policemen shot into the air.

On 23 October 1998, and in the wake of the signing of the Wye Agreement, the anti-incitement decree # 3 of 1998 was issued. The decree was viewed as another step by the PA to silence opposition and restrict freedom of expression and opinion.

The relationship between the Executive and Legislative Authorities 1998 was also marked by the tension between the Executive and the Legislative authorities. After a prolonged wait for a real change in the performance of the Executive Authority, President Arafat declared a reshuffle of his cabinet. In a speech given at the Legislative Council office in Ramallah, he presented his 'new' cabinet. Unfortunately, he kept all the ministers who had been involved in administrative corruption and mismanagement. He also added 12 new ministers, 10 from the LC and two others among his followers. In the declaration, Arafat's cabinet totalled 32 ministers, 8 of whom became state ministers and one minister without portfolio.

Meanwhile, members of the Legislative Council were assaulted by security agents during a protest outside the Awadalla brothers' home.

Municipalities and Governmental institutions

Despite the LC's unanimous decision # (137/34/1) approved by President Arafat of 15 January 1997, demanding the PA to refrain from appointments in local municipal and village councils until municipal elections are held, the Ministry of Local Governance sustained its policy of arbitrary appointments, culminating in the appointment of the Tulkarem Mayor. On 15 April, the Legislative Council convened a meeting to discuss the recent appointment of the Tulkarem Municipal Council. During the meeting, the Minister of Local Governance was summoned and questioned over his actions.

On 11 April 1998, the Nablus municipality uprooted 84 olive trees from the Agricultural Research Centre and Reserve to make space for the construction of a 35-metre-wide motorway as part of the infrastructure of the rehabilitation centre planned by the Ministry of Social Affairs.

On 4 April 1998, LAW, on behalf of the residents of Deir Sharaf, appealed to the Palestinian High Court against Ghassan Ashaka', the head of the Municipal Committee . In the appeal, the Society demanded the abrogation of decision # 73 of 1996 issued in the city of Gaza on 2 July 1996, to seize the private property of Deir Sharaf residents for the construction of a purification station. The decision gave authority to the Nablus municipality to seize 287 dunums of land, later reduced to 112. LAW's lawyers argued that the land on which the water purification station would be constructed is very fertile and used by the village residents for agricultural purposes. The lawyers contested the decision, arguing that the party who issued it was not entitled to do so and that it is a blatant abuse of power and a confusion of jurisdiction.

On 15 October 1998, the Ministry of Health decided to reduce health services and the number of surgeries performed in the major hospitals. The step was taken in order to combat the financial crisis of the Palestinian Health Ministry. The Health Ministry blamed the Ministry of Finance for having provided only 64 million of the requested 165 million shekels. Health officials said that there had been a shortage of stocked drugs and health services. This news was cause for alarm for the three million Palestinian residents of the West Bank and Gaza. The problem has been growing since June 1998. The Health Ministry has already started to use up its reserve stocks and in an effort to preserve its resources, the Ministry has only been responding to emergency cases.

On 5 November 1998, approximately 12,000 teachers from the West Bank and Gaza went on strike for one day to protest the non-implementation of the promises for a pay rise, improvement of their conditions, and the application of the Law of Public Service which was passed in a third reading on 1 September 1998.

The strike came about after a reduction in the value of the Israeli Shekel caused teachers to have their pay reduced by 25%. The High Coordinating Committee of teachers had given the PA until 22 October 1998 to implement the changes required by the Law of Public Service.

The teachers' strike coincided with the financial crises of the Ministry of Finance and the Ministry of Health, whose employees have also been requesting an improvement in their conditions and salaries.

The year 1998 also marked several violations of academic and union freedoms. LAW has written to the competent parties and administrations of the universities, especially the University of al-Azhar in Gaza, but we have not received any response. Unfortunately, no steps have been taken to reduce the number of violations taking place at these universities.

Executive Interference in Judicial Independence

1998 saw flagrant violations of the independence of the Palestinian Judiciary. These violations range from interventions in appointing and removing judges, to a disregard for court rulings, including those of the High Court, and the detention and suspension of lawyers. In 1998, the Attorney General submitted his resignation. The Chief Justice was also removed from office, but the year ended without them being replaced. The position of Attorney General in Palestine underwent a bitter experience that exposed the chasm between the executive and the judicial branches of the Judiciary, as well as the weakness in the public prosecution system that lacks a clear structure. Before the resignation of the Attorney General, LAW declared its intervention to allow its lawyers to visit political detainees held by the Palestinian security services. LAW, through its monthly magazine People's Rights, has published a number of pleas to the Attorney General to intervene and bring an end to political detention. It has also requested that he promptly charge the political detainees and have them taken to trial. Unfortunately, there has been no response.

LAW - the Palestinian Society for the Protection of Human Rights and the Environment ia a non-governmental organisation dedicating to advancing human rights through legal advocacy LAW is affiliate to the International Commission of Jurists (ICJ) and the Federation Internationale des Ligues de Droits de l'Homme www.lawsociety.org/