Jewish settlers throw stones at Palestinian homes in the West Bank city of Hebron July 28, 2002. Jewish settlers shot dead a Palestinian girl while attacking homes in the West Bank city of Hebron after the funeral of an Israeli soldier killed in a roadside ambuss, Palestinian witnesses said. REUTERS/Gil Cohen Magen RKR/AA MIDEAST HEBRON Photo by GIL COHEN MAGEN. 28/07/2002

 

Researched and Compiled by

Said Awadallah, MPH

Project Development & Fundraising (PHRMG)

Submitted by

The Palestinian Human Rights Monitoring Group (PHRMG)

P.O. Box 19918 East Jerusalem 91198 Via Israel

Tel. +972-2-582 3372      Fax +972-2-582 3385

 

The Palestinian Human Rights Monitoring Group (PHRMG) is a Palestinian, independent, non-governmental organization working to end human rights violations committed against Palestinians in the West Bank, Gaza Strip, and East Jerusalem, regardless of those responsible.  The members of the Monitoring Group believe that the strength of democracy and civil society in Palestinian society will be determined by the Palestinian people, through their defense or neglect of human rights.

 


 

 


          I. Overview

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Established in July 2001 by the PHRMG, the first progress report was published in December 2002; the second report assessed the progress of the Hotline from December 2002 to October 2003 and this General report is to give a narrative on the project throughout a period of one year from 01 May 2003 to 30 April 2004.

 

Even those few legal rights and protections to which Palestinians are entitled by Israeli law are largely being ignored by the Israeli police. The double standard of Israeli law enforcement is not a result of local or private initiatives by an individual policeman or a single police station, but is a consequence of Israeli apartheid, which applies two sets of legal systems, one for Palestinians and one for Jews living in the same territory based on their nationality. We believe that the double standard with which the Israeli police and other law enforcement agencies deal with the crimes committed by settlers against Palestinians, as described in the following sections, should be strongly and openly condemned. However we wish to emphasize that it is not surprising that this double standard exists; on the contrary, this undeclared discrimination is part of the wider discriminatory legal system which Israel openly enforces in the Occupied Territories.

 

The Palestinian Human Right Monitoring Group’s (PHRMG) findings show that the Israeli settler violence in the Occupied Palestinian Territories (OPT) remains an ongoing and serious problem which reflects the wider situation prevailing in the Territories.  The legal cases are still the main source of documented information on how settler violence is affecting the daily lives of Palestinian civilians. Moreover, it is with great pride and sorrow that the PHRMG is the only Human Rights Organization that follows up this serious, ongoing as well as continuous problem. We know of no other human rights organization that works in this area.

 

The Settlers Watch Hotline had and still has three main based components in assisting victims of settlements and settlers: 

 

(1) 24 hour access by phone;

(2) Follow-up to support victims;

(3) Legal education component (Know Your Rights).

 

 

From statistics gathered from the PHRMG database, the following table shows the numbers of murders committed by settlers throughout 2000 to 2003. This report will go on to illustrate by way of case studies the different types of crimes committed by settlers including attacks resulting in moderate to serious injury, several reports of shooting incidents and damage to property.

 

 

 

6     Killed in the year 2000

12   Killed in the year 2001

4     Killed in the year 2002

3     Killed in the year 2003

 

During the first months of the al-Aqsa Intifada six Palestinian fatalities killed by Israeli settlers, showing a tende ncy, that if not tackled, could worsen. The following year, the numbers of fatalities killed by settlers was also extremely high, but proportionally lower than the first months of the Intifada. In the following years the number of fatalities decreased considerably.  It is worth mentioning however that despite the decrease in the number of fatalities, violence against Palestinians remains, and incidents such as stone throwing or damaging property are still affecting Palestinian every-day life.  


 II. Overall Summary:

 

Palestinian victims are more likely to file complaints knowing that there is a legal unit ready to defend and assert their rights. Severe restrictions on freedom of movement for Palestinians have made it increasingly difficult to reach police stations to file complaints or to make statements. In addition the Israeli army and police routinely ignore or dismiss complaints made by Palestinians. Palestinian victims are consequently often reluctant to contact the Israeli police or army.  Israeli army and law enforcement agencies’ refusal to intervene in ongoing incidents of violence, open investigations or bring settler offenders to justice has deeply affected the work of our legal unit.   There is still a great need for a Palestinian service which attempts to ensure a swift reaction to the settler attacks by the Israeli army and police. 

 

“The legal unit of the PHRMG hopes to continue its work in protecting the Palestinian people from further human rights violations”. 

 

As a result settlers enjoy virtual impunity. The Israeli army almost never intervenes to stop or apprehend settlers who attack Palestinians. PHRMG takes the view that these factors are a principle cause of continuing settler violence. Following a methodical analysis of each one of our cases, we have come to the conclusion that settler violence against Palestinians is still a serious and ongoing problem, and that the Israeli army and law enforcement agencies, which have a legal duty both under International and Israeli law to protect Palestinians under their control,[1] have sadly failed again  in this regard. 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


  Project Objectives Progress

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1. Project Objectives Progress

 

The first objective of the Settlers Watch Hotline was and is still to encourage Palestinians, both victims and witnesses, to report their complaints of illegal settler activity. This has been accomplished by publicity in the local media.

 

The first step in achieving this was publicizing the existence of the Hotline, which was carried out in the Palestinian newspapers (al-Hayat al-Jedidah, al-Ayam), local T.V. (al-Nawras [Hebron], Nablus TV and radio (Nablus FM). 

 

Two types of advertisements were published:

1.      A first announcing the opening and the purpose of the Hotline.

2.      A second outlining Palestinian rights as well as encouraging Palestinians to file complaints directly to the police (contact information of local authorities was provided), or through the Hotline.

 

The existence and the purpose of the Hotline were also publicized by PHRMG field researchers, who posted information to local universities, hospitals and local village councils.

 

These advertisements did reach the public who seemed to have been waiting for such assistance for a long time. After the publication of each advertisement waves of complaints were reported to the Hotline from different parts of the West Bank, especially the most affected areas, such as Hebron city area, whose residents have been affected by settler violence for a long time.

 

At the beginning, documented complaints were taken by a Palestinian Counselor, fluent in Arabic, Hebrew and English, who recorded the calls on a Complaint Intake Form on which he (Counselor) firstly confirmed the incident by contacting the local Palestinian authorities or a PHRMG fieldworker; he then contacted the Israeli law enforcement agencies (Israeli Army or Police) or the District Coordination Office (DCO) as appropriate.

 

Now project field workers take testimonies on site from the affected person/s (as part of a documentation procedure) and verify the occurrence of the incident; then a complaint is filed with the police and finally the case is followed up by the legal unit of the Hotline (example cases are to be later given in this report).

 

Since its inception, the Hotline has worked on and followed up more than 368 different settler violence complaints including cases resubmitted and reopened by Legal Unit of the PHRMG. PHRMG is currently waiting for police and court responses to 78 of those cases. In most of these cases, victims have filed a criminal complaint either with the Israeli police or Israeli DCO.  Despite initial reluctance in many of these cases the Hotline counselor and/or the PHRMG field researcher have been successful in convincing victims of the importance of filing an official complaint. (It is acknowledged that those who call the Hotline in the first place are, by definition, more inclined to file complaints.

 

Recently, many issues have obstructed the filing of complaints:

 

The effect of the media coverage was successful at the beginning and during the following year, but the uprising, the consequences of the wall as well as fear of the army and police force greatly affected Palestinian citizens. This has left a need to raise awareness amongst Palestinians about their legal rights under international law and to complain about incidents.

The second objective was and still is putting pressure on Israeli authorities to intervene in cases of illegal settler activities as well as increasing the effectiveness of their intervention.

 

The PHRMG can point to the following examples of success in this area:

 

  1. The PHRMG has successfully intervened (in cases where the attack is ongoing) with the relevant Israeli District Coordination Office (DCO) to ensure that Israeli law enforcement agencies stop the attacks. This took lengthy follow up and efforts being actually implemented on the ground.
  2. The PHRMG is also in constant and direct contact with the West Bank and Jerusalem District police as well as the State’s Attorney to monitor police investigation and prosecution of settler violence cases where a criminal complaint has been filed or where cases risk to be closed by police on the basis of insufficient evidence. In some cases, Israeli law enforcement agencies have been more responsive than anticipated to requests forwarded by the PHRMG, although the need to monitor these responses remains due to recent events in the area and the effect of the wall on civilians’ life.

 

Furthermore, regarding the Israeli Police and Israeli law in the Occupied Palestinian Territories, the following can be pointed out:

 

The Israeli police are divided into 6 districts, each of them having the responsibility to maintain law, order and security in their own geographical area of jurisdiction:

 

Northern District, Central District, Tel-Aviv District, Jerusalem District, Southern District and the Judea and Samaria District.

 

In charge of all these 6 districts and branches is the Police National Headquarter, in which the Judea and Samaria District[2] police has the jurisdiction over most of the Occupied Palestinian Territories.

 

SHAI District spreads over an area of 5,500 square kilometers of the occupied West Bank. 1,500,000 Palestinians and over 170,000 Jewish settlers are currently living within SHAI jurisdiction. As the following map illustrates, SHAI district itself is divided into four regional police stations: two regional stations, Hebron and Someria, and two additional stations, Binyamin and Ma’ale Edumim. Police responsibilities in SHAI District, as quoted from the official police website, are “…to detect and prevent crime, to enforce road traffic law and maintain road safety, and to deal with public order disruptions by both Jews and Arabs.”[3]

 

A careful reading provided by SHAI police stated responsibilities reveals one of the most important apparatuses of Israeli occupation:

 

Separate – Unequal - Legal Systems for Jews and Palestinians living in the same territory or in short apartheid”.

 

The stated police responsibility “to deal with public order’s disruptions by both Jews and Arabs,” does not entitle the police to treat public order disruptions by Arabs and Jews equally. This lack of police commitment to equality before the law is, however, not an internal police issue, but is endemic in the Israeli legal system in the Occupied Territories.

 

Law Vs Order

This is the deal:

Police do as much as they can to prevent cases from reaching Police Prosecuting Unit (Tviot SHAI) or the District Attorney. They investigate as little as they can.

In cases of murder where evidence are so bold (that it cannot be disregarded) the file is transferred to the DA, but still lacks part or a portion of the important evidence. This way, despite the transferring of the file to the DA, the DA can close it for lack or insufficient evidence.

Police lame work enables the court to find the aggressor not guilty, or guilty of only minor charges. Adding to that, there is the prosecutor, who is assigned by the state.

Long time consuming, hard working and efforts are lost because of that, not forgetting the judicial system delays that could extend up to years.

 

                                                                                     (Map from http://www.police.gov.il/)

 

Despite the fact that Israel remains obligated under international law to protect the lives (as well as the persons and property) of all Palestinians under its control,[4] its legal system in the Occupied Territories fails to do so.  In 1995, responsibility for providing law and order in the West Bank and Gaza was divided between Israel and the Palestinian Authority (PA). The Occupied Territories were divided up into areas A, B and C, with Israel having total security responsibility over area C, as well as overall security responsibility for the protection of Israeli citizens and confronting the threat of terrorism in area B, and the PA having security responsibility over area A. [5]  

Palestinians committing crimes in areas A and B generally fall under the PA’s criminal jurisdiction; they are investigated by the Palestinian police and summoned before Palestinian courts.[6] However, Palestinians committing crimes in area C, as well as all Israeli citizens committing crimes anywhere in the Occupied Territories, come under Israeli criminal jurisdiction.[7] Article XI, paragraph 4(d) of the Israeli-Palestinian Interim Agreement mandates that “Israelis shall under no circumstances be apprehended or placed in custody or prison by Palestinian authorities.” As most of the Palestinian attacks against settlers occurs in area C, both Palestinians who assault Israelis and Israelis who assault Palestinians are generally summoned before Israeli courts. However, Palestinians are called into military courts under military orders,[8] while Israeli settlers are tried under Israeli civilian penal law in regular and civil criminal courts. Civilian criminal courts come under the jurisdiction of the Ministry of Justice, while military courts come under the Ministry of Defense.

The resulting reality is that two legal systems operate side-by-side in the Occupied Territories – one for Palestinians and one for Israelis.[9] The existence of these two different (and unequal) legal systems institutionalizes – and also obscures –discrimination in the treatment of Palestinians and Israelis in the criminal justice system.  Israelis and Palestinians accused of identical offenses are tried according to different laws. Moreover, the existing law is often applied in a discriminatory manner. [10]

As Israeli criminal defendants are tried in Israel, under the Israeli Penal Code, they are granted the full panoply of rights guaranteed by Israeli civilian law These rights are absent from the military justice system applied to Palestinians residing in the same territory.  Disparities and inequities exist at every stage of the criminal justice process.[11] The period of detention of a suspect before being brought before a court, the right to meet with an attorney, the defenses available to a defendant, the maximum sentence set by law, and release on parole before serving a full sentence – all of these differ in the two systems of law, with the Israeli civilian system granting more extensive and wider  rights”12.

 

The third objective was and still is to provide a legal follow-up to serious cases brought to the attention of the Hotline:

Although it had been initially planned to refer cases to organizations specialized in providing legal services, the PHRMG has established a proper Legal Unit, and hired two lawyers to pursue the cases. The Legal Unit has become an integral part of the Settlers Watch Hotline.  In parallel, the PHRMG is working with lawyers from the Society of St. Yves, to which the PHRMG has forwarded 4 cases involving land confiscation, property destruction, and theft and poisoning of cattle and sheep.

 

The fourth objective was to contact all of the other organizations currently working on issues related to settler violence to avoid duplication of efforts and to increase progress towards cooperation:

The organizations that have expressed their interest in this project and have cooperated with during the project cycle are:

 

·          The Society of St Yves (Palestinian-International organization) is providing legal assistance, particularly in cases of land confiscation;

·          Bat Shalom (Israeli Organization) to provide Israeli volunteers to accompany Palestinian victims of settler violence to Israeli police stations located inside settlements, if necessary;

·          The Alternative Information Center (Palestinian-Israeli Organization) to share information and outreach activities, and to have their fieldworkers in Bethlehem and Hebron refer appropriate cases to the Hotline for follow-up;

·          The Christian Peacemaker Team (CPT) (International organization) to publicize the existence of the Hotline in Hebron and to refer cases of settler violence to the PHRMG.

·          Peace Now (Israeli organization) to receive information on settlement expansion, and on incidents of settler violence where Israeli soldiers are involved (Peace Now is mainly a political organization);

·          The Jerusalem Center For Human Rights (JCHR) set up “Know-your-Rights” seminars with the PHRMG, moderated by both PHRMG and JCHR personnel, aimed to raise consciousness of the Palestinian community about their rights and the problem of settler violence;

·          Save the Children (International organization) which was concerned about the specific needs of child victims of settler violence, and worked with the PHRMG on special “Know-your-Rights” seminars targeting children.

2. Findings and Outcomes:

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The PHRMG has evaluated the success of the project on the basis of five relevant indicators: (a) statistics showing numbers of attacks; (b) analysis of the  Israeli authorities’ responses to the attacks; (c) the degree and will of Palestinian victims to utilize the existing complaints mechanisms and their ability to continue its utilization; (d) responses and cooperation with other NGOs interested in the subject; (e) general public’s awareness about settler violence which indicates people’s understanding of their rights.

 

The following results were acquired:

 

(a)   Attack Statistics and Number of Occurrences:

 

Statistics on our database indicate a fluctuation in the number of incidents of settler attacks since the existence of the Settlers Watch Hotline. This trend potentially indicates the effect of the current situation without forgetting the past 3 years.  Furthermore the “Road Map” and wall’s effect is starting to be evident on the ground.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


The following statistics show the number of complaints and incidents (1st indicator):

Number  of Complains and Incidents reported to PHRMG by year

Year 2001

Year 2002

Year 2003

 

106

 

 

124

 

 

106

 

Stratified by Status

Stratified by Status

Stratified by Status

Police

Court

Open

Closed

Police

Court

Open

Closed

Police

Court

Open

Closed

92

14

4

102

124

101

16

108

86

20

33

72

Year 2004

 

 

32

 

 

3 Years Overall sum is

 

Stratified by Status

 

368

 

Police

Court

Open

Closed

 

Stratified by Status

 

27

5

25

7

 

Police

Court

Open

Closed

 

 

306

62

78

289

 

 

 
 

 


      

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

Settler violence and attacks occurred in many forms and different ways including Murder (killing in cold blood), kidnapping and property destruction; in other words it has affected many different aspects of Palestinian life. The following statistical table gives an indication on the severity and seriousness of the issue:

Types of Violence against Palestinian civilians by Israeli civilians

1.                  Shootings and killings

2.                  Beatings

3.                  Destruction and Theft of Property

4.                  Intimidation and Terror

5.                 

 

 

 
Abuse and insult, including graffiti

6.                  Kidnapping

 

Stratified from the total reported to hotline Legal Unit

* Type of Assault

Number

 

% of total

 

1. Shootings and killings (Murder)

25

6.8%

2. Beatings (Civilians)

76

20.7%

3. Destruction and Theft of Property

129

35.1%

4. Intimidation and Terror

83

22.6%

5. Abuse and insult, including graffiti

54

14.7%

6. Kidnapping

1

0.3%

 

 
 

 

 

 

 

 

 

 

 

 


          *Stratification by reported type of Settlers attack

 

Special periods of Violence (indicated on the chart):

 

It is to be noted that settler rage and violence explodes in the faces of civilians at particular times and peaks during major events of incursion, bombing and assassinations. During these  periods the settlers can do what ever they like without any or any adequate interference from the Israeli armed forces or the police,). The above charts indicate that the following events had particular impact.:

 

A. The period between July and August 2001 was especially violent. On the Israeli side there were several attacks. The suicide bombing at the Sbarro pizzeria in the center of Jerusalem on August 9, 2001 was the most outstanding. It is worth mentioning that in June 1st, 2001, there was a suicide bombing in a Tel Aviv disco were 21 people were killed, amongst them several teenagers. This bombing was perceived by Israelis as one of the worst events in the conflict. 

 

On the Palestinian side there were several attacks by the Israeli Security Forces, where 72 people were killed. The number of assassinations was exceptionally high (13). Also on the Palestinian side, the number of fatalities in this period was extremely high (176 people killed by the Israeli Security Forces.) This number includes 16 assassinations. The assassination of Salah Shehadeh, a Hamas leader, occurred on July 22, 2001, was the most remarkable. He was killed with other 13 people including nine children by an F-16 Israeli warplane which dropped a one-ton bomb. 

 

B. In February 2002, a number of incursions into the occupied territories by the Israeli Army took place, particularly in Gaza, Nablus, Hebron, Tulkarem, and Jenin, leaving 75 Palestinian fatalities. 13

 

C. Between June and August 2002, on the Israeli side the number of bombing attacks was extremely high, probably the most intense since the beginning of the Intifada. 13

 

D. Between December 2002 and January 2003, several incursions broke out in the Northern part of Gaza Strip and Jenin areas. Assassinations led to deterioration in the situation in these areas.13

 

E. Between September 2003 and October 2003, several new incursions occurred, two suicide bombing attacks dated 9/9/2003, as well as an attack on Khader Badawi at Al-Braje Camp in Gaza Strip. This was carried out by 4 Israeli missiles launched over his car. Moreover the F16 attack on Hamas leader Mohammed Al-Zaher’s house took also place. 13

Two other suicide bombing attacks dated 4/10/2003 and 9/10/2003 towards Israeli targets, a penetration of Tulkarem on 1/10/2003, an incursion of Rafah/Gaza on 16/10/2003 as well as five air strikes against Nuseirat Refugee Camp in Gaza Strip were registered

 

In sum, the above mentioned period, despite the fact that there was no massive operation by the Israeli Security Forces such as the so called “Defensive Shield”, show a high magnitude of violence, probably constituting one of the peaks in the Israel-Palestinian conflict.

 

(b)   Analysis of the Israeli Authority Responses:

The PHRMG found the initial attitude of the Israeli law enforcement authorities towards the Settlers Watch Hotline to be quite positive in terms of communication but its responses fluctuated considerably. As a consequence, the PHRMG has established effective channels of communication with the Israeli army, the office of the Attorney-General and both the West Bank and the Jerusalem District police.

The response of the Israeli authorities to settler attacks can be measured through the time elapsed between the attack – or PHRMG’s inquiry – and the actual response by the authorities.

Lately, the PHRMG, however, has not been pleased to notice that Israeli law enforcement agencies have not been as willing as in the past to cooperate with our organization in cases of settler attacks. The PHRMG is also concerned about the attitudes of Israeli judges who rule on incidents of settler violence.  So far, no complaint reported to the Hotline has reached this state of litigation.

From following up with the project the estimated time within which the Israeli Authorities respond to an inquiry from our Legal Unit is between 2 weeks to 3 months depending on the circumstances of the case and the situation in the relevant area. In some cases it has taken more than a year to get an effective response – that is after reopening the closed case or sending a letter to the General Attorney.

(c)    The will of Palestinian victims to utilize the existing complaint:

This was measured by comparing the number of complaints recorded by the Hotline with the number of criminal complaints actually filed, reopened or dropped; this measured the extent and will of the victims to pursue the complaint.

 

 
The following was noticed:

 

 

Year 2001

 

Dropped

Reopened

 

16

4

 

Year 2002

 

Dropped

Reopened

 

10

3

 

Year 2003

 

Dropped

Reopened

 

6

1

 

Year 2004

 

Dropped

Reopened

 

0

0

 

While the PHRMG has experienced difficulties in convincing Palestinians to file complaints, the PHRMG is confident that increased public education activities and utilization of the media would overcome most of these difficulties.

 

The PHRMG has learned to expect a steady stream of complaints but the number of calls has recently (after 2 years of implementation) dramatically decreased indicating a need for a further publicity campaign to encourage scared and afraid citizens. The PHRMG has understood the importance of outreach projects. For future development and enhancement of the project a larger allocation of the upcoming regeneration budget (if approved by funders) will be allocated to the outreach and human rights education components of the project.

 

(d)   Cooperation and Response of interested NGOs:

 

On a broader scale, the project has been successful in terms of engaging the cooperation of local NGOs (the fourth objective of the Hotline project) and NGOs have encouraged PHRMG to continue with the project.

 

(e)    General Public awareness of settlers violence:

 

The Hotline (at the period of its first implementation) did increase awareness of the problem of settler violence among the general public, but PHRMG has recognized a need for a further wider continuous publicity of the project and its legal unit work.

 

PHRMG strategies have developed considerably over the course of this project.  Now PHRMG has clear expectations (helping in modifying and establishing new interactive procedures for future courses of action) to repeat and further continue the project without changing the strategies used so far. However we are open to modifying  them accordingly “as they have been more successful than expected”.

 

III. Case Studies: 14

 

The following example cases were reported to the Hotline Legal Unit. It illustrates what happens on the ground. Example cases are taken from the Legal Unit testimonies of the victims:

 

A Murder Case: 14

Settlers killed a Palestinian student in cold blood

The Victim: (Martyr,) Mohammed Au Abdel-Razek Shalash, 18 years old from the village of Shakba near Ramallah.

Shakba is a village 32 kilometers from Ramallah, surrounded by 5 Jewish settlements; Ofra, Beit-Arieh and Halmish. Young people from the village go to the town of ‘Aboud, located 3 - 5 kilometers away, to their high school education. A bus or a van provides the transportation, but sometimes they come back home by foot.

Hajj Hamed, the martyr’s father, 43 years old, told the PHRMG: “On 17.12.2000 I was waiting until the afternoon for my son Mohammed to come back home from school. But he didn’t, so I went to ‘Aboud village to search for him. People told me that some Israeli settlers shot a boy in the nearby field. Then I discovered that the boy was my son Mohammed.”

The martyr’s classmates told his father that they were waiting for a taxi to come back home, when some settlers stopped their car and came towards them. The boys ran away towards ‘Aboud village, but Mohammed ran in the opposite direction, towards the fields. Two of the settlers followed him and fired in the air, so Mohammed had to stop. Then they approached him and shot him in his forehead from a very close range, 3-5 meters only. The two settlers stood there for a long time, near the martyr’s body, enjoying the result of their crime. Eyewitnesses also confirmed that the settlers stood there, after they shot Mohammed, without offering any help to him until he passed away. After three hours, the Israeli army arrived with an ambulance that carried the body to Beit-Eil settlement, and later to Abu-Kabir forensic institute in Jaffa for the autopsy.

 
Mohammed’s father continued: “It seemed the settler who killed my son wanted to take revenge because his car was stoned a week before. Anyhow, the Israeli police apprehended 3 settlers for one night, and released them the following day, as it was mentioned in the investigation that there were some stones near the body of the martyr! Moreover, my brother (Mohammed’s uncle) told me that an Israeli officer in Abu-Kabir advised him to take the settlers to court since Mohammed was killed unjustly from a very close range”

Escapes death by miracle: 14

 

Four young Jewish men savagely beat up a young Palestinian in the

settlement of Nave-Yakov.

* The young man, Mohammed Abu el-Walaya 19, from Bab Hutta neighborhood

in East Jerusalem was beaten up savagely during an attack carried out by young

Jewish men that could have cost him his life.

The Israeli weekly newspaper (Kol-Hazman) yesterday mentioned that Mohammed,

who works for an Israeli store (called Kaf-Of) in Nave-Yakov, left his work on

Tuesday 12/2/02 to go to the bank, located in the same area, to withdraw some money.

 He said: “I left to go to the back when four young Jewish men with their dog approached

me and told me to stop. I ignored them and kept on walking. Suddenly a big rock hit

me in the back of my head, and I fell on the ground.”

The newspaper added that the four Jewish men beat him up brutally all over his body.

Mohammed said:

There was a woman standing nearby and a soldier who saw

everything, but didn’t do anything.”

Kol-Hazman added that a Palestinian gas distributor passed by chance and saw

Mohammed and took him to al-Ram checkpoint, where the soldiers called an ambulance

 to take him to Sha’ari-Sedek Hospital. Mohammed received medical treatment for the

cuts and bruises he had sustained in his head and face. Doctors said he needed one week rest.

After Mohammed left the hospital (the same day) he went to the Israeli police and filed a

complaint there.

 

(Settlers in Hebron. Israeli soldiers only seldom intervene.  Photo by: Lo’ay Haikal)

 
Attack and Property damage case: 14

Testimony by: Hissen Mohammed

Karajeh 62 years old female – married

with 9 kids; location: Halhol – Hebron

 

Hissen said that on 29/06/2002 at approximately 12:00 pm a settler from

Karmi Tssor Settlement broke into her crop field which is located near

the settlement and started damaging the grape trees and crops.

When she tried to stop him, the settler held a big stone (almost ½ Kg)

and hit her in the head above her left eye and in the forehead. The wounds

left her in a coma and with a 3 cm long and ½ cm deep injury to the face.

 

She added that there was an Israeli Army soldier nearby that rushed towards

her, giving first medical aid until Palestinian Red Cross ambulance arrived

and took her to the Alia Medical Hospital at Hebron City where she received

medical attention at the intensive care unit for 2 days.

She continued “the settler who attacked me is in his mid-thirties and was

wearing medical glasses. He has no beard and he was riding a white Subaru

 car that holds a plate # 8970288. Afterwards he escaped towards the Settlement of Karmi Tssor.”

 

Since the attack Hissen has been suffering from very painful headaches. This criminal, aggressive and non-explained attack caused

physical harm to a harmless old lady, not forgetting the damages caused to her crop field.

 

 

 
Land Damage Case: 14

Jamal Mousa AI-Rabaei

25, married with 3 children

A farmer from Yatta, Hebron

9/10/2001

 

Israeli settlers attacked and burnt wheat and barely

fields belonging to Jamal Mousa al-Rabaei. Jamal and

four other farmers tried to protect their lands but the

Israeli police that came, changed the case, and the

Palestinian farmers

became the aggressors.                    

 

-         I asked Najah to call the lawyer.

-         She did it on 11/10/2001, and we received by fax

-         copies of papers on the case (in Hebrew).

                                                                                                                                   Settlers burning greenhouses. Photo by: Reuters

 

 

Settlers are allowed to riot freely in the old market. Photo by: Hussam Abu’Alan

 

 

 
Property Damage: 14

Mohammed Suleiman

Murshed al-Qasrawi

41 years old

Married with 7 children

 Old City Hebron

 

On 3/5/2002 at about 9:00 a.m. when Mohammed went

to his store in the old market, after the Israeli army had

lifted the curfew in the area, he found his shop, which is

located very close to Abraham Avino sealed compound,

empty. Some of the settlers had destroyed the wall and

taken all the goods from the shop. It was full of clothes.

Mohammed is sure the Jewish settlers were behind the

damage and robbery.

Mohammed added that he was shocked to discover the

 inside. He holds the Israeli soldiers who were present in the street all the time responsible for what happened to his store. But he said he know that the army and police provide protection for the settlers and their actions.

When he informed the Israeli police, they came and saw the damage in the shop; they were not moved, and promised to investigate the matter. Nothing has been done so far.

 

 

JEWISH SETTLERS THROW STONES AND SHOOT AT PALESTINIAN HOMES

 IN THE WEST BANK CITY OF HEBRON. Jewish settlers throw stones and shoot at

Palestinian homes in the West Bank city of Hebron July 28, 2002. Jewish settlers shot

dead a Palestinian girl while attacking homes in the West Bank city of Hebron after the

 funeral of an Israeli soldier killed in a roadside ambuss, Palestinian witnesses said.

REUTERS/Gil Cohen Magen RKR/AA MIDEAST HEBRON Photo by GIL COHEN

MAGEN.

 
Shop Property Damage: 14

Saleem Talab Abu-Eisheh

55 years old

Old City, Hebron

 

Saleem said he has been working in his father’s shop

in the old market of Hebron for 40 years. Their shop was

never robbed during this time. However, during a curfew

imposed by Israeli army on the area, their shop was

damaged and robbed. The shop was closed, due to the

military curfew since 01.03.2002.

 

On 03.05.2002 Jewish settlers destroyed a wall in the

store, went inside and took away all the electrical

equipment. The value of the stolen property was

around 30,000 US$.

 

 

 

 

He called the Israeli police that came and saw everything. He went with them to the police station and filed a complaint. However the victim was seriously doubtful the Israeli police would really investigate the matter.

 

 

Jewish settlers hurl stones at a Palestinian building outside the Kiryat Arba settlement in the West Bank city of Hebron March 30, 2004. REUTERS/Nayef Hashlamoun REUTERS NH/RKR MIDEAST HEBRON Photo by NAYEF HASHLAMOUN.

 
Attack and Property

damage case: 14

Testimony by: Eazaldeen Rabah Alsharabati

50 years old – married with 8 kids

Location: Kantarat Alhammam – Hebron

AbuTayseer (Eazaldeen Rabah Alsharabati) said that on

01/08/2002 at approximately 4:00 pm, settlers broke into

his house for the second time, after they smashed everything

the first time. This time they robbed the house and again

smashed what had been left in it (they took the receiver,

VCR, expensive glassware and antiques), after broking

down windows overlooking Ibraham Abeino Settlement.

 

He added that “we can not stay in the house even for a

minute that off we are threatened all the time to be killed on

the hands of settlers at any moment.  They

break doors and windows without any reason and start

shooting all over. They can do what ever they want inside the

house (smash, break rob and steal what they lay hand on).

They do not also give a slight thought about law or police or

even local residents; because their government gave them

the green light to do such actions, more likely they organize

what they do with the collaboration of the army and law forces.

Israeli Jewish Settlers attack a Palestinian (4L) in the West Bank city of Hebron August 9, 2001. The Islamic Jihad group claimed responsibility for a suicide bomb attack that killed at least five people and wounded 87 in a crowded Jerusalem restaurant during lunchtime rush hour on Thursday. SJS/CRB MIDEAST PALESTINIAN HEBRON Photo by NAYEF HASHLAMOUN.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Abu-Tayseer said that the Israeli police have not even charged any suspect from Ibraham Abeino Settlement, even though some of the stolen items were falling on the road between the house and the nearby Abeino Settlement.

He added that a complaint of theft had been filed at the Israeli police station indicating this is the second attack on the house, but nothing has been done so far and no protection had been offered to him and his family.

 


      The Latest Success Case at PHRMG: 14

Three Jewish settlers attack a Palestinian man in front of an Israeli soldier during clashes in the West Bank city of Hebron, June 6, 2001. The United States denied on Wednesday an Israeli newspaper report that it had agreed to a formula for Israel to partially freeze construction in Jewish settlements in the West Bank and Gaza Strip. SJS MIDEAST CLASHES HEBRON Photo by NAYEF HASHLAMOUN.

 
 

      Mr. Ra’ed Saba Al-Mbayied was assaulted by the Military

  Guards who stole 664 NIS from him. Later the case was closed

  by the police and an appeal was submitted by the PHRMG Legal

  Unit to the court which ordered compensation of 1000 NIS without

confession of responsibility. The case was closely followed up by our

lawyers and, without their continuous work, it would have stayed closed.

 

 

 

 

 

 

 

 


IV. Project Impact:

--------------------------------------------------------------------------------------------------------

 

Compared with other ongoing PHRMG activities, the Settlers Watch Hotline project has taken considerable budgetary and staff resources.   If the popularity of the project remains at the current level, and the PHRMG is able to find resources for the coming year, this project clearly will become one of the PHRMG’s core activities. Our four field researchers have already dedicated a greater percentage of their time to the research of settler violence issues than any other human rights issue.

 

As discussed above the impact of the project on the ground is highly noticeable due to the previously discussed results of cases and statistics. In addition it is important to mention the following as examples of the impact that the projects has had:

 

1.      Settlers will have a significant level of knowledge that there is some one who is watching their activities and violence, and they will face the legal consequences of committing violent acts.

 

2.      The PHRMG work on settler violence has drawn the issue to the attention of the international community which has started (in turn) to place its own pressure on the Israeli Government.

 

3.      There are many reasons for the decrease in the number of attacks committed by settlers. One of them is investigation by police and pursuing complaints in the high court.

 

4.      Many of the closed cases, on which the police had made a decision, have been appealed and reopened by the PHRMG Legal Unit. This represents an accomplishment on the ground and makes it clear that settler attacks are human rights violations that cannot be tolerated under international law.

 

5.      As well as the obvious success of obtaining compensation for one client, PHRMG has documented hundreds of complaints, violent attacks and other cases. This provides material upon which further research can be conducted.

 

6.      PHRMG pressured the Israeli police force to investigate serious settler violence and not ignore incidents. The PHRMG understands that there is now a police body that follows up with its work.

 

7.      The Legal Unit has succeeded in following up and re-opening murder cases that had been closed because of lack of evidence.

 

8.      Encouragement of eye witnesses to testify in filed cases and before the court. An excellent example is the NASASSRAH case from Beit-Foreek – Nablus.

 

 


V. Supervision and Evaluation of the Project:

--------------------------------------------------------------------------------------------------------

(a)                Supervision:  Supervision of this project is carried out by Executive Director Bassem Eid.

(b)               Review:  The progress of the project is reviewed through weekly staff meetings. The entire PHRMG staff participates in reviewing the progress of the project and making adjustment to the project activities.  Most decisions are made by consensus generated at meetings.

(c)                Evaluation: The challenges and achievements of the project are evaluated by the entire staff.  The Executive Director makes reports to the Board of Directors.

 

It is the privilege of the PHRMG to be the only Palestinian organization documenting and following up violent attacks by settlers on the ground, not forgetting the Legal Unit work in following up cases at different levels.

 

It is worth also mentioning that in the previous project’s implementation (throughout the 2003 and the beginning of 2004) a noticeable decrease in the number of complaints to the PHRMG has been reported. It may be due to:

 

  1. A Decrease in the intensity of the Intifada.
  2. The disclosure of the settlers’ violent attacks through media and press releases, by the PHRMG, opening the eyes of the local and international community, raising the profile of the issue and presenting it as one that needs to be addressed.
  3. Affected citizens filling complaints (with directions and follow up from PHRMG) at the police stations. This applied pressure on settlers, albeit minimum pressure. The investigation of attackers, and in some cases calling them to the police station to be identified showed settlers that there was someone watching their behavior.
  4. The discovery of organized Jewish terrorist cells carrying out actions against residents, prosecuting them by law and police.

 

All these elements have had the effect that the Israeli community has started criticizing settlers’ attacks, giving the community the strength to raise its voice calling Israeli decision makers and politicians to take measures (even if not sufficient) to satisfy the general right of equality.

 

The challenge, faced by the PHRMG, to put an end to the settlers’ violent attacks as well as the capture and prosecution before the High Court of the attackers has not yet been achieved. In order to accomplish this goal, the PHRMG has to:

 

  1. Continue filing and following up complaints through the Legal Unit’s work as well as preventing cases being dismissed due to the Israeli police’s hesitation or misconduct.
  2. Filing appeals before the Israeli High Court that show the reluctance of Israeli police to keep cases opened until the guilty is prosecuted by law.
  3. Continuing its work in appealing and asking to reopen the closed murder cases that have been dismissed by the police with the aim of protecting settlers.

 

 

 

VI. Obstacles found:

 

1.      The denial of certain Palestinian media to publicize the Hotline was a major obstacle at the beginning. It mainly happened because of the tense political situation at the time.

 

2.      The victims’ fear of the settlers’ revenge where a complaint is submitted to the police station and an attacker is identified. It has been recorded that in the city of Hebron there has been threats from settlers living in nearby settlements to kill or take revenge if the victim continues in filling or following up a complaint.

 

3.      Another obstacle (at the beginning) included the initial unwillingness of Palestinian victims of settler violence to file criminal complaints. However, the PHRMG was often able to overcome the victims’ initial reluctance and convince them to file complaints. We expect this trend to continue, especially if we can publicize successful cases where complaints were filed and suspects were arrested and charged.

 

4.      The carelessness of the Israeli police force members towards the victims leaving them waiting for several hours under extreme weather conditions to file their complaint.

 

5.      On a practical level to some extent, the project has suffered from the internal siege imposed by Israel on the Palestinian territories. Victims of settler violence often find it difficult, hazardous or even impossible to travel to Israeli police stations to file complaints.

 

 The PHRMG staff and fieldworkers also experienced significant difficulties in visiting victims of settler violence obtaining their testimonies.

 

6.      Investigators record complaints in Hebrew. As a result some important details or descriptions are lost as the majority of the victims do not understand the Hebrew language.

 

7.      It has been noted that there were sometimes differences in the testimonies given to the police and those given to the field workers. This leaves it difficult for the Legal Unit to follow up such cases.

 

8.      At the police station when identifying attackers (deliberately) old photographs of suspects are shown to the victim who therefore finds it hard to identify attackers.

 

9.      The PHRMG has achieved some success in coordinating the activities of the Hotline with other Palestinian human rights organizations, but due to the general reluctance of Palestinian organizations to work together, some obstacles have been faced. Often our attempts to reach such organizations have been to an extent ignored.


VII. Regeneration and Continuity of the Project and it’s Goals

--------------------------------------------------------------------------------------------------------

 

(1)               New Advertisement Campaign:  The PHRMG plans to launch a new advertisement campaign focused more specifically on educating Palestinians about their rights and how to respond in case of settler attacks.  A second wave of publicity is to be carried out at the beginning of 2004 with the goal of reminding Palestinian citizens of there rights and informing them of the existence of a unit ready and able to represent them. 

 

(2)               Outreach Activities:  The PHRMG plans to devote more resources to maintaining and increasing the effectiveness of its publicity and educational outreach activities. The PHRMG has identified Hebron and Nablus as settler violence hotspots. Accordingly, the PHRMG’s educational outreach activities will start in these places.

 

(3)               “Know-your-Rights” Handbook:  The PHRMG plans to develop a “Know-your-Rights” handbook which will be used as a basis for educational seminars for the Palestinian population which will be carried out during the second half of the project (the last 6 months of implementation).

 

(4)               Legal Follow-up:  The PHRMG plans to devote more resources to legal follow-up on cases reported to the Hotline.  Currently, the PHRMG employs one lawyer to juggle 121 legal cases, each of which will require more intensive work once they go to trial.

 

(5)               Follow-up with Israeli Authorities:  The PHRMG plans to continue to work with Israeli authorities, including the Israeli law enforcement agencies (army, police and Attorney General) in order to exert pressure to follow-up on cases, to generate clear protocols for the conduct of law enforcement officials who come into contact with Palestinians reporting violations, and to increase the accessibility of these officials to the Palestinian public.

 

(6)               Cooperation with Human Rights NGOs:  The PHRMG plans to continue its outreach to other Palestinian human rights organizations.

 

 

VIII. View on Accomplishments

(1st November 2003 to 30th April 2004)

 

The following project activities had been carried out:

 

1. Workshop for Settlers Watch Hotline at Hebron City dated 03/03/2004

 

The Palestinian Human Rights Monitoring Group (PHRMG) conducted a workshop in the city of Hebron dated 3rd March 2004 as an extension of the Settlers Watch Hotline.

 

The workshop was conducted by the PHRMG director Mr. Bassem Eid accompanied by the legal unit lawyer Mr. Abu-Alkheer Abu-Jabal and the field worker lawyer Mr. Rustom Khalailah.

 

Located at the City Trade Hall, people who have legal cases represented by PHRMG legal unit along with members of the public (youth, elderly, women) whom had been affected and assaulted by settlers assembled. The workshop started by an introductory word from the City Trade Hall head manager explaining the suffering of Hebron area residents owing to the siege established by the army forces as a security necessity, as well as continuous attacks on Hebron residents, local properties, shops and groceries by settlers.

Workshop conducted at Hebron City Hall Workshop was conducted by the (PHRMG) director Mr. Bassem Eid accompanied by the legal unit lawyer Mr. Abu-Alkheer Abu-Jabal and the field worker lawyer Mr. Rustom Khalailah, Picture taken by PHRMG staff. 03/03/2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Eid presented the Settlers Watch Hotline project explaining stages of project development, successes made through the period of implementation, difficulties that have been faced, especially at the beginning when the police department ignored letters of inquiry regarding cases of attacks. These have been solved through an appeal to the high court passed against Israeli police departments and it was only at that time that police force started answering complaints, although still with some delays.

 

In addition Mr. Eid talked about the difficulties faced in persuading the Israeli police force to apprehend suspects. In addition the problem of the police closing a large number of cases under investigation claiming “lack of evidence” or “unrecognized attacker” this cannot be resolved unless enough pressure on the political level is exerted –

 

“It is a political issue that concerns the Israeli Government towards the settlers”

 

 Mr. Eid said and continued -- 

 

“The coalition of the Israeli Government with parties supporting settlers and settlements is the cause of all the problems”.

 

Also he gave an explanation and a view of the Palestinians rights under the current Israeli occupation and under the National and International Legislation of Human Rights Law with accordance to Fourth Geneva Agreement, and encouraged residents not to hesitate in filing complaint at the police department.

 

Mr. Eid indicated that some affected locals when submitting a complaint at the police gave different statements and some times illogical testimonies to those given to the PHRMG field worker, a matter which weakens the Legal Unit in front of the police.

 

Questions and consultancy was opened later to the public where Mr. Eid and the Legal Unit lawyer Mr. Abu-Alkheer accompanied by the field researcher Mr. Rustom Khalailah answered general inquires. A local citizen complained about local authorities (Palestinian Authority, local city government and some Human Rights NGOs) disregarding their complaints and not following up with their cases, especially abuse and harassment by the Israeli Army. Local citizens were looking up to the PHRMG to cover more of the events and attacks by the Israeli Army Forces especially in neighborhoods with high population density. PHRMG promised to make more effort in this area.

 

Throughout this workshop many of Hebron’s citizens complained about the Israeli Army Forces assaults and said that there was no organization following up these complaints. A decision made by the legal unit to bring Mr. Shlomo Lecker (an Israeli Advocate Lawyer) to assess these complaints against the Army and to examine the possibility of submitting a law case at the high court.

 

It was noticed that the Norwegian press was covering the workshop with an interest in the PHRMG work on Settlers Watch Hotline.

 

PHRMG also noticed the locals’ deteriorating living conditions and the need of the Hebron citizens to be helped in any way possible.

 


2. Workshop for Settlers Watch Hotline at Hebron City dated 11/03/2004

 

The Palestinian Human Right Monitoring Group (PHRMG) conducted a second workshop in the City of Hebron at the house of Mr. Edrees Zahiedah in Al-Shohadaa neighborhood.

Picture from: http://www.btselem.org/

 

This neighborhood is located near settlements and is under siege and separated from other

Hebron neighborhoods. We witnessed with our own eyes how this area has been isolated

by Israeli Army Forces. Roads are blocked with concrete so no vehicles can pass through

and PHRMG had to walk through the blocked roads in order to reach our destination

inside the old town of Al-Shohadaa neighborhood.

 

The PHRMG listened to the residents’ complaints and took a close look at their problems

and severe circumstances as well as the daily suffering and harassments settlers inflict on

the residents of this town. We found that the army itself sometimes assists settlers and

 protects them by hiding them from the police.

Workshop conducted at Hebron at the house of Mr. Edrees Zahiedah in Al-Shohadaa neighborhood Hall Workshop was conducted by the (PHRMG) director Mr. Bassem Eid accompanied by the legal unit lawyer Mr. Abu-Alkheer Abu-Jabal and the field worker lawyer Mr. Rustom Khalailah, Picture taken by PHRMG staff. 11/03/2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It is extremely difficult for residents to travel inside the neighborhood and to the rest of the city because the whole neighborhood is surrounded by fences, wire and concrete. This situation has an impact on all aspects of daily life, politically, economically and socially, and on health concerns: residents tend to carry their sick several miles to get to the nearest medical center because ambulances are not allowed to cross the fence.

 

Economically speaking the neighborhood is suffering from the siege: shops are closed most of the time and there is no available work because of the surrounding fence. This has had the effect of crippling the lives of the inhabitants. It is also important to mention the residents’ concerns that they do not have any support (material and immaterial) from the Palestinian Authority or the City Hall: the City Hall president has never visited them to take a close look at their critical situation. After hearing the detailed complaints of the residents at Al-Shohadaa neighborhood the PHRMG saw that it is of high priority to assess this neighborhood and started taking detailed testimonies about the current situation in order for the PHRMG to reach the Israeli High Court as Israel is the occupying state and according to the international Law it is obligated to guarantee the safety and living of the people under occupation.

 

3. Workshop for Settlers Watch Hotline at Hebron City dated Thursday 18/03/2004

 

At approximately 10:00 am in the morning a large number of settler attack victims from the residents of Hebron city attended the workshop held at the City Trading Hall in Hebron (more that 140 persons), the workshop was attended by Mr. Bassem Eid from the Palestinian Human Right Monitoring Group (PHRMG) accompanied by Dr. Mohammed Fahhad Alshalaldeh (lecturer at Al-Quds University -- a Doctor in International Law) with the presence of Mr. Monther Da’ana (Lawyer from Hebron City) and the Lawyer Roustom Khalileh (field researcher on the southern area of Palestine).

Workshop conducted at Hebron City Hall Workshop was conducted by the (PHRMG) director Mr. Bassem Eid accompanied by the legal unit lawyer Mr. Abu-Alkheer Abu-Jabal and the field worker lawyer Mr. Rustom Khalailah, Picture taken by PHRMG staff. 18/03/2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The workshop was opened by a speech from Mr. Hashem Sadeq Alnatsheh (the president of the City Trading Hall) where he welcomed the attendees and spoke in general of the harsh and critical conditions and suffering of Hebron area residents, and also the harm the settlers do and how citizens suffer especially the residents of the old city of Hebron.

 

This was followed by Mr. Bassem Eid’s explanation of the goals of PHRMG Settlers Watch Hotline Project, monitoring settler attacks was discussed and the work of the Legal Unit. Questions from  attended victims were answered. PHRMG explained its status at the court and the laziness of the Israeli police in fighting crimes committed by settlers.

 

Mr. Eid also spook of the legal dilemma for the PHRMG, since the PHRMG is not a law executive body and does not have power to be under the Israeli Law and can not prevent or hold settlers at their homes. All that can be offered is to track them and deliver them to law through the complicated procedures of the Israeli Law only.

 

It has been explained that the main goal of the project is to stress the right to live in dignity, reside, pass and work for those how are living near the settlements.

 

Dr. Mohammad Shalaldeh then explained the international law view of settlements and settlers and indicated that these attacks are a war crime that disregard the Oslo Agreement. At that moment a person from the audience interrupted him and accused the Palestinian Authority (PA) signed on losing the Old City of Hebron with the Hebron Agreement in the year 1996, and accused the Hebron authority personnel responsible of not visiting the old city and not cooperating and supporting this part of Hebron.

 

Dr. Shalaldeh answered that there is an obvious failure in these regards and it is necessary to address who is responsible and ask for more support. He indicated that the recommendations of this workshop should be sent to them, stressing the needs of Hebron city residents.

 

The discussion continued on the possible and available ways for the Palestinian people to strive against settlements and settler actions at the international level through submitting complaints to the international security counsel and Lahai court in the hope of changing or even contributing to some change in the international consensus, and in the hope of indicting those responsible as war criminals. This issue attracted the audience’s attention and resulted in deep discussion of some specific points.

 

Dr. Mohammed continued explaining the cause from the international law point of view and left time for the lawyer Mr. Monther Da’ana from Hebron City to talk about how to lawfully defend against attacks (how to self defend, property defend). He criticized the Israeli police forces for not taking complaints seriously, for handling complaints in an inhumane way (e.g. by forcing complainants to wait for long periods in the sun) and for merely advising complainants to leave the area and live elsewhere as the only solution to there problems.

 

Mr. Monther also explained Israeli court procedure and the discriminatory nature of Israeli law. Further he commented that this is the current situation and we have to work within it in the hope that that situation changes and the Israeli state implements international law.

 

A dialogue occurred with the lawyer and some residents whom had been attacked by settlers, some of the cases had been discussed in public and agreed to be followed up by the PHRMG.

 

The overall discussion concentrated on the failure of the City Hall and the Trade Hall of Hebron city not forgetting the Representative Offices to the PA Legislative Counsel who have failed to even look at the needs of the old town of Hebron City. Those who participated indicated that the City Hall can help in many ways, the simplest being to reduce taxes or water and electricity bills as a means of assisting those affected (this is the least the city representatives can do).

 

At the end Mr. Rustom talked to the crowd and encouraged them to have a dialogue and to take advantage of the possible available means for help. He also took notes on the needs of some individuals

 

4. A TV onscreen dialogue conversation on Settlers Watch Hotline at Hebron City (Broadcasted by Al-Nawras local broadcasting TV)

It is to be noted that this workshop has been recorded for TV broadcasting by Al-Nawras TV station at Hebron City.

Broadcasted by Al-Nawras local broadcasting TV, Workshop conducted at Hebron City Hall Workshop was conducted by the (PHRMG) director Mr. Bassem Eid, Picture taken by PHRMG staff. 18/03/2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5. A second live televised workshop on Settlers Watch Hotline at Hebron City (Broadcasted by Al-Nawras local broadcasting TV)

 

The workshop was recorded at Al-Nawras Broadcasting Station and was attended by Mr. Rustom Khalileh (PHRMG field work lawyer) and Dr. Mohammed Fahhad Al-Shalaldeh (a Doctor in the international Law) and Lawyer Monther Da’ana.

 

The broadcasted workshop went though the following topics:

 

    1. The effect of settler violence on the city of Hebron which included fleeing the city, selling properties, depression in mothers and children.
    2. Reasons behind continuous attacks on civilians and properties by settlers. Revenge from Muslims and the acquisition of more land were the main reasons.
    3. Reasons behind police hesitation and miss-conduct.
    4. The real reason behind the intensive military presence in the old city of Hebron, that is to protect settlers and to drive legal residents out of the Old City.
    5. The position of international law on settlements and settlers.
    6. Efforts and the work of the PHRMG organization on the subject of settler violence.
    7. The extent to which local public organizations help people on the ground.
    8. Reasons behind citizens’ depression.
    9. How to avoid depression and some advice to the affected people on cases filed at police stations.

 

Picture taken by PHRMG staff.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IX. Project was supported by the following Organizations:

 

This project is made possible by the generous support and fund contribution of the following Organizations ( in which we hope to establish a continuous funding support through out the upcoming years, and on behalf of all Palestinians, the PHRMG Board Members and Staff would like to extend special thanks to the many friends who have supported our activity):

 

1. Ireland Representative Office to the Palestinian Authority.

 

2. The Representative Office of Norway to the Palestinian Authority.

 

3. Diakonia.

 

4. German Representative Office to the Palestinian Authority.

 

5. ICHRDD (International Center for Human Rights and Democratic Development)

 

6. FMEP (Foundation for Middle East Peace).

 

7. UNAIS (UNA International Service).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



X. PHRMG Comments and concluding Remarks:

 

                             It appears that the Palestinian victims suffering from settler attacks including murder cases hesitate to file complaints at Israeli police stations or even call them; the  reasons:  they are afraid; police disregard and underestimate complains;  the victims themselves do not trust the Israeli law forces to execute and implement the Israeli laws. In the case of Tahreer Rezk who was killed by settler gunfire, his family told the PHRMG Legal unit that they will not file a complaint to the police or request any investigation because they think if they named the witnesses who were at the place and time of murder the Israeli police force will not take there testimonies but will apprehend and prosecute them with charges of stoning the Israeli civilians. This gives the Israeli police force an excuse not to open any investigations of settler attacks that is not filed by police or documented as a complaint, giving the murderers and attackers the chance to not only escape the charges but to repeat their actions with confidence they will not be prosecuted under Israeli Laws.  It is obvious that this law is one example of the way Israeli law treats Israelis and Palestinians unequally.

 

 

Bibliography



[1] After the Oslo Accords the Palestinian Territories are divided into Area A (full Palestinian civil and security control, currently limited to major cities) Area B (Palestinian authority over civil matters, Israeli authority over security and police matters), and Area C (full Israeli civil and security control).  Settlements are generally surrounded by Area C. Israeli citizens committing crimes anywhere in the Occupied Territories come under Israeli criminal jurisdiction. See Article XI, paragraph 4(d) of the Israeli-Palestinian Interim Agreement. Thus, violations taking place within all these areas are Israeli responsibility.

[2]The Judea and Samaria Police District does not include occupied East Jerusalem, which is under the jurisdiction of the Jerusalem District.

[3] http://www.police.gov.il.  

[4] The Convention by its terms applies only to “the territory of a High Contracting Party.” Israel argues that only a sovereign may be a contracting party lawfully bound by Article 49 and neither Jordan was sovereign in the West Bank nor Egypt in Gaza.  Thus, Israel argues that the Geneva Civilians Convention does not apply to its control of the West Bank and Gaza.  This view has been rejected by the international community, including the United States. See S.C.Res. 237, U.N. SCOR, 22nd Sess., Res. & Doc. S/INF/22/Rev.2 (1968), U.S. Dept. of State, Country Reports on Human Rights Practices for 1983, 1292 (1984). The Geneva Civilians Convention states that it applies “in all circumstances” and to “all cases of declared war or of any other armed conflict.” Geneva Civilian Conventions, supra, art. 1, art 2. The law of belligerent occupation applies so long as the occupant exercises any authority. See John Quigley, Living in Legal Limbo. 

[5] Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, Chapter 2, Articles X – XIII.  While Israel argues that, following the Oslo Accords, it is no longer responsible for protecting human rights and complying with international law relating to Palestinians living in areas of the Occupied Territories formally transferred to the Palestinian Authority; it clearly retains ultimate control over these areas and enters Area A every other day.

6 In theory, the Interim Agreement grants the fledgling Palestinien Authority the right to administer criminal justice overall of its ‘citizens.’ However, Israel’s retention of jurisdiction over all ‘security’ offenses committed in area C guarantees a different reality.

[7]  See Israeli-Palestinian Interim Agreement, Annex III Protocol Concerning Legal Matters, Article I, and Annex I: Protocol Concerning Redeployment and Security Arrangements.  

[8] The military judicial system includes assistant judges who are not lawyers, who are merely military officers appointed for the specific purpose of discussing a case.   One assistant judge, First Lt. Omer Bark, recently told  Ha’aretz newspaper that what he saw in the courtroom was a “horrifying experience: The entire process seems to me to be a total disregard for the right of the accused to a fair trial… The system does not even make the effort to create the impression of doing justice.” Ha’aretz, December 18, 2001, Disorder In The Court, Amos Harel.

[9] Member of Knesset Amnon Rubenstein recognized this fact as early as 1984: “In Judea, Samaria and Gaza, there are two legal systems and two types of people; there are Israeli citizens with full rights, and there are non-citizens, non-Israelis, with no rights.” Knesset Protocol, January 2, 1984, p. 923.    

[10] The analysis in this section is based on the legal analysis contained in vol.6, issue 2 (April 2002) of the Palestinian Human Rights Monitor entitled “Separate and Unequal: Disparate Treatment in the Israeli Criminal Justice System of Palestinians and Israelis who Kill.

[11] Indeed, there is disparate treatment of Israelis and Palestinians by every institution in the Occupied Territories, with Palestinians disadvantaged in every aspect of social and economic life.

12 The Palestinian Human Rights Monitor, Vol.6, Issue #6, December 2002, “Legal Background” page 5.

13  June 5, 2002 - 17 people were killed and 38 injured when a car packed with a large quantity of explosives struck Egged bus No. 830 traveling from Tel-Aviv to Tiberias at the Megiddo junction near Afula. The bus, which burst into flames, was completely destroyed. The terrorist was killed in the blast. The Islamic Jihad claimed responsibility for the attack. June 11, 2002 - A 14-year-old girl was killed and 15 others were wounded when a Palestinian suicide bomber set off a relatively small pipe bomb at a shwarma restaurant in Herzliya. June 18, 2002 - 19 people were killed and 74 injured - six seriously - in a suicide bombing at the Patt junction in Egged bus no. 32A traveling from Gilo to the center of Jerusalem. The bus, which was completely destroyed, was carrying many students on their way to school. Hamas claimed responsibility for the attack. June 19, 2002 - Seven people were killed and 50 injured - three of them in critical condition - when a suicide bomber blew himself up at a crowded bus stop and hitchhiking post at the French Hill intersection in northern Jerusalem shortly after 7:00 P.M., as people were returning home from work. The Fatah Al-Aqsa Martyrs Brigades claimed responsibility for the attack. July 16, 2002 - Nine people were killed and 20 injured in a terrorist attack on Dan bus no. 189 traveling from Bnei Brak to Emmanuel in Samaria. An explosive charge was detonated next to the bullet-resistant bus. The terrorists waited in ambush, reportedly wearing IDF uniforms, and opened fire on the bus. While four terror organizations claimed responsibility for the attack, it was apparently carried out by the same Hamas cell which carried out the attack in Emmanuel on Dec 12, 2001. July 17, 2002 - Five people were killed - two Israeli and three foreign workers - and about 40 were injured, four seriously, in a double suicide bombing on Neve Shaanan Street near the old central bus station in Tel Aviv. The Islamic Jihad claimed responsibility for the attack. July 30, 2002 - Five people suffered light to moderate injuries in a suicide bombing at a felafel stand on Hanevi'im Street in the center of Jerusalem. The bomber, who was killed, apparently exploded prematurely. July 31, 2002 - Nine people were killed and 85 wounded 14 of them seriously, when a bomb exploded in the Frank Sinatra student center cafeteria on the Hebrew University's Mt. Scopus campus. The explosive device was planted inside the cafeteria, which was gutted by the explosion. Hamas claimed responsibility for the attack. Aug 4, 2002 - Nine people were killed and some 50 wounded in a suicide bombing of Egged bus No. 361 traveling from Haifa to Safed at the Meron junction in northern Israel. Hamas claimed responsibility for the attack. Aug 5, 2002 - A bomb exploded in a car at the Umm al-Fahm junction in northern Israel, killing the terrorist and wounding the driver, an Arab Israeli resident of Nazareth. January 6, 2003 - Suicide bombing at old central bus station in Tel-Aviv - 5-Jan-2003 results in 23 Israeli killed and the injury of 86, January 5, 2003 - Israeli Army bombs 45 houses at Rafah-Gaza and Bethlehem. Also on January 12th 2003 the incursion of Jenin City, not forgetting settlers attacks on Hebron on the 18th of January 2003, and on January 19th 2003 settlers burn the Hebron City Court of Legitimacy, and on the 22ed of January 2003 the touring down of 65 shops at Tulkarem City by the Israeli Army Forces. (These information had been taken from the Israeli Ministry of Foreign Affairs website www.mfa.gov.il )

14 Cases have been taken as examples from the Legal Unit at the Palestinian Human Right Monitoring Group (PHRMG), police and court paperwork is documented.