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1. Political Arrest
Karima Khaled Hammad, of Beit Lahia in the Gaza
Strip, was born in 1975 and was married with one child. She was detained
on 19 June 1996 by the Palestinian Preventive Security Service in Tal
el-Hawa Prison, and was badly treated and tortured. She was hospitalized
four times, and in April 1998 was transferred to Gaza Central Prison
where she was visited by a delegation from Amnesty International. She
cried bitterly for her child and her freedom. Later her husband divorced
her. She was never charged or brought before court.
A) The
Right for Personal Security and Freedom
Undermining the
Rule of Law
Karima Hammad, currently imprisoned for the
fourth year, is an example of the hundreds of political detainees who fill
Palestinian prisons. They are mistreated in spite of local Palestinian law
and international human rights standards. They are taken to detention
centres without arrest warrants or summons, and kept there without charges
or trials. Besides lacking all legal rights, those political detainees
continue to be imprisoned for prolonged periods decided by the head of the
security service responsible for their arrests. Those periods frequently
continue for four consecutive years. Prisoners withstand inhumane
detention conditions in opposition to international human rights laws.
Article 9 of the International Declaration of Human Rights states that it
is forbidden to summon, stop or arrest any person arbitrarily. Article 8
confirms that every person has the right to “refer to national courts for
justice in the case of aggression against his political rights as
specified by the law.” Article 10 of the same declaration adds that “Every
individual has the right to be treated equally to others, and has the
right for his case to be brought before an independent, objective court to
do him justice and maintain his rights.”
The PA is clearly
flouting local and international laws which forbid arrest or detention of
any individual for more than 30 days without a summon or arrest warrant
issued by the concerned authority (from the rules of penal law of 1924, in
Gaza Strip, Article 10, and the law of criminal trials of 1961 in the West
Bank, Article 114).
Furthermore, the law
specifies that it is of great importance to check (within 3 days) the
reasons for detaining a person for the period of 30 days (Article 100 of
the Criminal Courts Law of 1961). The law also states that only the
judicial police force has the authority to issue and execute summons and
detention warrants. In the West Bank, this only includes the police
service; all other arrests committed by other security services are
illegal.
Not only were the
rules of the law subjected to the ill practices of the PA, the dignity and
autonomy of the Palestinian judiciary were simply abandoned. The security
services totally neglected judgements of the High Court of Justice
ordering the release of political prisoners. In the best circumstances,
the security services postponed the implementation of these decisions. In
the year 1999, the High Court of Justice reviewed 19 cases of political
arrest, and issued judgements to release 52 political prisoners. Only
three of them were actually set free.
The PA has interfered
in the judicial branch's affairs in an unusual manner. In August 1997, the
High Court of Justice, headed by Judge Amin Abdel-Salam, ordered the
release of 10 students from Bir-Zeit University. However, immediately
after they were released, the judge who released them was dismissed by the
Minister of Justice, Freih Abu Meddein.
Due to these
occurrences, political detainees and/or their families try to make
contacts with PA officials who deal with security services rather than to
seek counseling with the Courts. Appealing to President Arafat, or a head
of the security service, has also proven to be an effective means of
freeing prisoners.
Social and Psychological Effects of PA Prisons
Iyad Mohammed Rifai
Salah, 25 years old, was detained by the PA for more than four years.
After his release he became nervous and paranoid. He rarely sleeps and has
become withdrawn and delusional. He frequently hallucinates.
Similarly, Hisham
Mohammed Ali al-Kahlout, 23 years old, was released from the PA prisons
and placed directly into a psychiatric clinic in Gaza city.
Hussein Ali Abu-Zneid,
70 years old, has six sons, and lives with all of them and their families
in Dura/Hebron. Two of his sons are imprisoned in Israel. On 1 October
1999 a force from the Preventive Security Service raided the house of
Abu-Zneid and arrested two more of his sons, Nayef, 28 and married with
five children, and Ibrahim, 25, unmarried. Both of them are now in
al-Dhahiriya Palestinian prison under interrogation. The father talked
bitterly about their conditions. He said that the PA and Israel now share
the arrest of four of his sons, and the responsibility of the entire
family falls upon him. Additionally, their social circumstances are very
difficult.
Imprisonment in
general has its negative effects on the prisoner and his family. As is
evident from the examples above, imprisonment by one's own authority,
particularly under such an antagonistic political situation as there is in
Palestine, is even more devastating. A prisoner's arrest often affects the
welfare of an entire family, leaving them to suffer in even worse poverty
than they had known previously. Moreover, the PA’s departments do not
provide any assistance to those families. They only offer help to families
of prisoners arrested by Israel.
Since 1994, the total
number of political prisoners reached 4000, of whom 250 are still in
prison for various reasons. We classify those into two categories:
Political Prisoners
These individuals are
detained because they belong to or support Islamic leftist groups which
oppose the peace process with Israel. Most of them are affiliated with
either the Hamas “Islamic Resistance Movement” or the Islamic Jihad
organisation. They are normally arrested in campaigns carried out by the
PA after certain political events take place in the region. These
political prisoners suffer from long detention without trial.
Since the
establishment of the PA, the PHRMG has managed to document five series of
arrest campaigns. The Palestinian security services opened the marathon of
political arrest immediately after taking over control in the areas by
detaining about 800 persons, most of whom were released within few days. A
few were kept for more than 50 days, however.
The second campaign
came in late February 1996, when 1200 Palestinians were arrested by the PA
and accused of membership in Islamic organisations. Some of those were
kept in detention and tortured for weeks. Then in 1998, following the
killing of Moheyeddin al-Sharif, one of the military leaders of Hamas,
about 40 persons were arrested in Ramallah and accused of plotting the
assassination.
The year 1999 witnessed two campaigns of
arrest -- one in January, and the other in August. The latter one came
after the signing of the “Sharm” agreement (amended Wye) in which 47
individuals were arrested. In these
arrests, the people detained are normally interrogated about their
relationships with political groups.
Prisoners of Conscience
Political arrest also
includes all those who oppose the PA and publicly criticize it. This kind
of arrest attracts the attention of the media and raises international
concern. In general the public widely condemns such arrests, which in turn
escalates the release of prisoners. An exception to this is the arrest of
Abdel-Aziz Rantisi, who was arrested on 9 April 1998 following an
interview with the “Jerusalem Post.” He is still detained in Al-Saraya
Prison in Gaza City.
At the end of November 1999, the Palestinian
Intelligence Service and the State Security Police issued detention orders
against nine people who were accused of writing and publishing a petition
that criticized President Arafat and exposed corruption within the PA.
WHAT HAPPENED TO THEM?
Security Prisoners
These individuals were
accused by the PA of collaborating with Israel and were subsequently
arrested. According to the peace agreements signed between Israel and the
Palestinians, it is forbidden to bring persons accused of collaborating
with Israel in front of the Palestinian judiciary. Thus, those individuals
now detained on such a charge will most likely remain in prison for life.
The issue of security
prisoners is normally dealt with in secrecy. Most of them are kept in the
prisons of the Palestinian military intelligence service, headed by
General Mousa Arafat. Human rights activists are not allowed to visit
these prisons. Security prisoners are kept in complete
isolation from the
outside world. Their families and lawyers are not allowed to visit them.
According to a report
from Amnesty International, there are currently about 250 security
prisoners who are tortured systematically by the PA.
The PHRMG looks with great worry upon the
issue of security prisoners. Since the peace negotiations with Israel, the
Palestinian Authority has forbidden the trials of persons accused of
collaborating with Israel in the Palestinian courts. Thus, these charges
remain “flexible” for interpretation, which in turn allows the PA to use
this term against those whom they consider political antagonists.
Moreover, the charge of collaboration has been used on several occasions
by members of the Palestinian security services to oust some of their
personal enemies. Thus, those victims have lost social credibility within
the community and cannot legally defend themselves.
Resisting Political Arrest
On 22 January 1999 the PA released 38
political prisoners who have spent various periods of time in prisons
(from two months to three years). Despite all the damage caused by
political arrests, the PA continues to practice this matter and claims
that they are doing so in the interest of national security.
Juneid Prison Incidents
During the days of the
Israeli Occupation, Juneid Prison, the central prison in the north of the
West Bank (near Nablus), was a tragic symbol of torture and pain. Since
the establishment of the PA, it has become a security site used by the
several Palestinian security services including Force 17 (presidential
security), military intelligence and the navy police. Since September
1997, it has been transformed into a detention centre for political
prisoners, who are kept in two sections inside the prison. Section Four
currently has 21 detainees, and Section Five has 46. Waves of refusal and
opposition to political arrest normally erupt from Juneid Prison.
The year 1999
witnessed the longest hunger strike by political detainees inside the PA’s
prisons. On 24 January 1999, 48 political prisoners in Juneid Prison, and
some from Jericho Central Prison, began a hunger strike which lasted for
36 days. It ended on 28 February 1999, after an agreement with the PA to
release or give trials to all detainees who were not convicted on security
offenses. Yet the PA evaded executing the agreement, which forced the
prisoners’ families to organise a sit-in inside the prison while visiting
during the al-Adha feast. The administration of the prison contacted the
President of the PA, and at last 20 prisoners were released. However, six
of them were arrested again within a few days.
On 23 June 1999 an
atmosphere of tension, anger and rage engorged the prison following an
announcement that the administration of the prison was going to distribute
the detainees into several prisons in an attempt to weaken the protest
against the PA’s practices.
The prisoners’
families gathered outside the prison and stayed until after midnight. On 5
July 1999 one of the members of “Force 17” used excessive force during the
visit of the families while he was searching and checking them. The same
officer started shouting and insulting the families of the prisoners,
accusing them of collaborating with Israel. He then threatened to shoot
one of the prisoners. The prisoners attacked the guards, but the soldiers
shot their rifles in the air repeatedly to control the situation. On 8
July 1999 the prisoners’ families gathered outside the prison calling for
the PA to hand over their detained husbands and sons to the Israeli
authority of prisons.
Other incidents:
7 January 1999 – detainees in Jenin Prison executed a hunger strike
protesting their arrest.
10 January 1999 – Two detainees in Jericho Prison, Muneer Abdel-Majeed
al-Huroub and Hisham al-Sharabati announced a hunger strike protesting
their continued arrest, and demanded transfer to Hebron. At the end of
their 75-day strike, they were unable to stand up for the prayers.
4 February 1999 – Detainee Mohammed Fahmi Abu-Bakr, 22, announced an
open hunger strike, protesting his detention. Although he is considered a
“Fateh” activist, he was never with the opposition.
1 March 1999 – Dr. Abdel-Aziz al-Rantisi, one of Hamas’ well-known
leaders, announced a hunger strike, because the administration of the
“al-Saraya” Prison in Gaza City put some criminal prisoners with him in
the same room. It is worth mentioning that the High Court of Justice
issued a judgement on 4 June 1999 ordering the release of Rantisi.
25 March 1999 – Three detainees – Anwar Hamdan, Iyad Hardan and Khaled
Zakarneh – announced their hunger strike in Jericho Central Prison,
protesting their arrest of more than four months without charge or trial.
24 April 1999 – More than 100 activists of the PFLP protested outside
Jericho Prison against the arrest of Yousef and Shaher al-Raei, from
Qalqiliya, who had been given a sentence of six-and-a-half years by the
State Security Court. They accused him of murdering two Israelis in the
Jericho area. The men were later found innocent after Israel released a
third suspect in the case.
Arrest Conditions
In December, the UN
General Assembly adopted a “group of principles relating to all persons
who may be arrested or detained in any manner.” These principles represent
international standards regarding detention and/or the apprehending of
individuals, including the circumstances that have to exist for detention.
The PA has violated those principles in the following areas:
Detention centres:
From the onset of a
prisoner’s arrest, it is unlikely to know the place where he will be
detained. Families of prisoners usually learn the whereabouts of their
relatives unofficially through contacts in the PA. The following
conditions complicate matters of locating prisoners: each security service
has its own detention centre, officials neglect to follow any identified
procedures when arresting a person, and sometimes the guards or officials
deny the presence of a prisoner.
Detention Rooms:
All detainees are kept in very small rooms (2m2), sometimes
even smaller (as in al-Dhahiriya Prison), lacking ventilation. Moreover,
more than one person might be put in one small room.
Contact with the outside world:
There are no clear regulations allowing TV
sets, radios, or printed material into the prisons. Therefore, many
prisoners cannot obtain information by any means, and there is no regular
postal service to and from prisons. Evidently, the directors of prisons
have their own judgement in this issue.
Visits by lawyers or families:
The party responsible for allowing such visits is unknown. Normally,
permits are required from the general prosecutor, who is generally
unrecognized by the security services. In addition, there is no regular
system for family visits. One prisoner may be allowed to see his parents
after one week of his arrest, while another may not see them until his
release after some months.
Medical care:
Doctors rarely see or check detainees when they enter prisons. Visits by
doctors are not regular, medicines are not available except by family
provision. Prison administrators do not keep records of prisoners’
prescribed medicines. This endangers the lives of the detainees, many of
whom are old and suffer from heart conditions, kidney disease, or
diabetes. During the year 1999, at least one prisoner died because of lack
of medical care.
Food, clothes and cleanliness:
The quantity and quality of food in some prisons are not sufficient for
the detainees. Families are allowed to bring in food. Clothes are not
provided, so families bring them; thus, prisoners who are forbidden from
visits remain in the same clothes for long periods of time. Moreover,
prison administrators frequently do not provide cleaning materials.
Depriving the prisoner of food or cleanliness is often considered a means
of putting pressure upon him to confess his charges. The PHRMG has
information on cases in which prison officials have given prisoners
minuscule amounts of food in hopes of a confession.
Torture:
All Palestinian security services practice different forms of torture
during interrogation in order to obtain confessions from political
prisoners. In the year 1999, at least one person died as a result of
torture in the PA prisons. Detainees regularly suffer physical pain and
mental anguish at the hands of both interrogators and prison guards.
Because of its magnitude, we have dealt with this issue in a separate
section in this report.
Denial of privileges from prisoners:
Following the clashes in Juneid Prison in July 1999, the conditions in the
Palestinian prisons deteriorated drastically in the following areas:
-Printed materials
(books, magazines and newspapers) were not allowed in the prisons.
-Breaks in the
prison's outside court were limited.
-Sport exercises were
not allowed.
-Family visits were
disallowed or severely limited.
-Prisoners were
isolated from one another.
-Private radios were
confiscated from prisoners.
Collective punishment
The Palestinian
security services have achieved new lows in their human rights violations
in the autonomous areas by using political arrest as a collective
punishment, sometimes even threatening an entire family.
Bilal al-Ghoul, a 15-year-old in the 3rd
preparatory class, suffered along with his family after his father (Yahia,
age 38), a political prisoner, escaped from Al-Saraya Prison on 11
December, 1998. The Palestinian intelligence service arrested Yahia’s wife
Wafa’ on the same day. She was released the following day after her family
intervened, but to stay at her father’s house. She wasn’t allowed to go
back to her eight children for a week. The entire family was put under
house arrest for twenty days, and Wafa’s children and brothers were abused
by intelligence officers. Bilal’s turn came on 12 Februrary 1999, when a
combined security force of 75 men (from the police, preventive security
and intelligence service) raided the family’s house and searched
everything, questioned Bilal and his mother Wafa’, then took Bilal with
them. He remained in detention for 20 days, was beaten and psychologically
tortured, and was put in the same room with prisoners who were much older
than he.
Political arrests in tandem with the peace agreements
On 5 February 1999,
after the Friday prayer, 1,500 demonstrators began a march from Al-Nassr
Mosque (in the old city of Nablus) toward the government headquarters
(Muqata’a) to protest political arrest and show sympathy for hunger
strikers in Juneid and Jericho Prisons. The march ended with clashes with
the police. Participants threw stones and empty bottles at the police
despite the heavy rain.
Political arrest is a
phenomenon that exists in the autonomous Palestinian areas, because the PA
connects it with the peace agreements. Both Israel and the United States
continually pressure the PA, demanding that the PA arrest “terrorists”
from the two Islamic movements – Hamas and the Islamic Jihad – in order to
prevent them from carrying out terrorist attacks. Moreover, Israel
demands that the PA not release these people, who have become “political
hostages.”
But the PA does not
only bend under Israeli or American pressure; it also makes such arrests
in order to strengthen its negotiating position.
In early April, the Islamic Jihad carried
out two bombing attacks in the Gaza Strip against the settlements of
Kfar-Darom and Netsarim, during which two Palestinians were killed. No
Israelis were injured.
Despite the failure of
the two attacks, the PA launched a massive campaign of arrests among
Islamists in the Gaza Strip, especially after Israel's former Prime
Minister Netanyahu claimed that the PA was not deploying sufficient
efforts in its fight against terror.
Among those arrested
was Ibrahim Ismail Al-Halabi, 27, student at the Islamic University in
Gaza who is married with two children. He was arrested on 7 April 1999 and
was severely tortured during interrogation. He was beaten with heavy wires
and forced to stand upside down on his hands for long periods of time.
This torture continued until 30 April 1999 when he had a nervous breakdown
and confessed that he collaborated with Israeli intelligence, and that he
planned for the last two attacks in order to harm and weaken the position
of the Palestinian negotiator.
On 4 May 1999
Palestinian TV aired a live press conference in which Al-Halabi announced
his confession. Later on it was revealed that high officials were involved
in this fabricated TV conference. The Secretary General of the Palestinian
Presidency, Tayeb Abdel-Rahim, and Director General of the Ministry of
Information, Hasan Al-Kashef, both visited the prison the night before the
TV conference, and promised Al-Halabi that he would be released in six
months if he confessed in front of a TV camera. The actual persons who
committed the two attacks, members of Islamic Jihad military wing, were
arrested and confessed their responsibility for the acts. They claimed
that the failure of the attacks was due to lack of positive cooperation
between members in the movements, inside and outside the country.
It is worth mentioning
that no charges were presented against Al-Halabi, and that he has written
several letters through his family to various sides, including President
Arafat, explaining the conditions of his arrest and torture. There have
been no responses from the Authority.
The PHRMG has been following the details of
the arrest of Ibrahim al-Halabi with keen interest. It seems that his life
is in a precarious situation. Forcing a prisoner to give a false
confession in front of TV cameras puts the credibility of the Palestinian
Intelligence Service under suspicion. Thus, we demand quick and decisive
action to bring al-Halabi to a fair trial, in order to put an end to any
speculation.
B) The Right to Free Belief, Expression and Assembly
On 18 November 1994
and for four consecutive days, the PA prevented the distribution of
al-Quds, the major daily newspaper in the West Bank and Gaza Strip. The
head of the Palestinian police, Colonel Ghazi al-Jabali, announced then
that this action came as a result of the “bad weather conditions.” He
added, “Those journalists are collaborators [with Israel] and the bad
weather conditions may continue for some time.”
On 16 December 1999 Abdel-Jawad Saleh,
member of the Palestinian Legislative Council, who participated in a rally
protesting against political arrest in the PA, was decoyed into the
offices of the Palestinian intelligence service in Jericho, where he was
attacked by members of the service, severely beaten, then left outside the
door.
The two aforementioned incidents are far
apart in terms of time, but both of them indicate the stubbornness and
brutality of the PA in its campaign against the freedom of expression and
press. This policy came into effect when the PA took control over the
Autonomous areas. Examples of violations committed by the Palestinian
Security Services against journalists and press offices are numerous.
These abuses and violations created a sense of fear and increased the
degree of self-censorship among journalists.
Legal Assurances for Freedom of Expression
Limiting press freedom represents a
violation of basic human rights in the Palestinian areas, and also
demonstrates an obvious breach of the principles of international law
which are related to Palestinian press law.
The International Declaration of Human
Rights stresses, in Article 19, the civil and political rights of all
individuals, and the right for every person to enjoy freedom of opinion
and expression. In addition, Article 19 of the Basic Law of the PA states
that “every human being has the right to express his opinion verbally, or
in writing, or any other means of expression, or through art or painting,
according to the law.” By the same token, the Palestinian Press Law # 5 of
1995 states that “printing and press are two freedoms, and the freedom of
expression is guaranteed for every Palestinian.”
The Presidential Decree on Incitement
On 23 October 1998 the two sides, Israel and
the Palestinians, signed the “Wye River Memorandum” which included a
commitment from the Palestinian side to issue a decree preventing all
forms of incitement of violence and terror. Following that, on 19 November
1998, President Arafat issued the Presidential Decree on Incitement which
states that "the PA considers all the following forms of action illegal in
all areas under Palestinian governance: Incitement of racial
discrimination, encouraging acts of violence which violate law, insulting
religions, using violence or encouraging the use of violence which harms
relations with brotherly or friendly countries, encouraging the masses to
make affect changes by illegal means or encouraging internal disputes." It
is obvious that this decree did not give a definition to the word
“incitement” and used flexible expressions in its text, which enables the
PA to use and interpret the details of the decree as it wishes according
the situations as they arise.
Therefore, the press in general became a
mirror to reflect the official position of the PA and a mouthpiece to
announce the views of its high officials. If the press were to criticize
the PA or mention news related to the opposition, the fate of the
journalistic source might be closure of the paper or imprisonment of the
journalist(s) responsible.
Restricting the Right for Peaceful Assemblies or
Rallies
The right to assemble
for discussion of political matters, regardless of the nature of these
subjects, is considered part of the general right of expression and is
preserved in Article 20 of the International Declaration of Human Rights.
As stated: "Every person has the right to meet in peaceful organisations
and activities." Furthermore, the Jordanian Law for Public Meetings # 60
for the year 1953 stated that "public meetings may take place with a 48
hour prior notice."
- On 9 September 1999
Head of the Palestinian Police Colonel Ghazi al-Jabali issued two
decisions ordering that all political meetings or gatherings have to
obtain a prior permit from the police, and that bus companies have to
obtain similar permits before they transport the members or supporters of
any political party.
- On 15 September 1999
the Preventive Security Service arrested the Ramallah journalist Maher
Dasouqi for 15 days, and he was charged with incitement, as they (the PSS)
accused him of criticizing the way the PA handled the prisoners' case in
the TV program that he presents. The above mentioned two examples
presented obvious violations of the freedom of expression and opinion
committed by Palestinian officials in the PA.
-On 27 and 28 November
1999 the Palestinian Security Services issued detention warrants against,
and actually arrested some, well-known Palestinian intellectuals and
academics who, together with some PLC members (a total of 20 signatories),
signed a document criticizing the performance of the PA and the
wide-spread corruption therein. The document, which later became known as
“Petition-20,” which was an initiative drawing attention to the negative
performance of the PA, was considered by the PA as an attempt to stir
internal dispute within the Palestinian society. Violations against the
freedom of expression by the PA did not stop at that end. They extended to
include mosques and religious preachers. On Friday 5 November 1999, Sheikh
Sabri Abu-Diab, 45, from Silwan, gave a speech in the mosque of Hizma
village by the title "Pain and Hope" on the occasion of Prophet Mohammed’s
Isra’ and Mi’raj (his journey from Mecca to Jerusalem then to
heaven), but on 7 November 99 a few men (from the Palestinian Intelligence
Service) approached Sheikh Abu-Diab, and he was taken to Ramallah military
headquarters (Muqata’a) for questioning which lasted for more than 20 days
without any charge or trial. They simply accused him of criticizing
President Arafat in his speech.
How can you say “NO” in an authority of “Yes”?
A muzzling policy by the PA
The year 1999 witnessed an escalation in the PA's negative position toward
freedom of expression. There was threat of physical violence and
aggression against Palestinian citizens who dared to speak their minds.
Following are some examples
-The beating up of PLC
member Abdel-Jawad Saleh (mentioned earlier)
-The attack of human
rights activist Hanan al-Masou by throwing stones at her which resulted in
her injury
-The attack against
PLC member Mu’awiyeh al-Masri following his signing of the “Petition-20”
which resulted in his injury
-The kidnapping and
beating up of Zuheir Mohammed al-Sweiti, 50, from Beit Hanina in
Jerusalem, who was taken to an old deserted cave up in the mountains near
Dura, because he made a painting of former Israeli prime minister Ishaq
Rabin and presented it to the Israeli left-wing party “Merets.” This
action resulted in al-Sweiti suffering from various injuries and broken
bones in his chest. He was forced to confess to being a collaborator (for
Israel) by the members of the Preventive Security Service who kidnapped
and tortured him.
-The severe handling
of the Palestinian Military Intelligence of a women's march in Nablus
following the unrest in Juneid Prison. On that day, 6 June 99, the women
(mothers, wives and sisters of political detainees) were beaten, pushed
and abused to the extent that some of them suffered bleeding. In the same
scene journalist Ja’far Ishtayeh was beaten by a member of the Palestinian
Security Force.
-On 10 March 1999 a group of people gathered
in Yabneh camp near Rafah, Gaza Strip, and shouted simultaneously against
the decision of the Palestinian State Security Court regarding Ra’ed Ahmad
al-Attar, who was convicted by the Court for the killing of Leiutenant
Rif’at Joudeh in Rafah. The Palestinian security forces attacked the
protesters using live ammunition, killing two of the young men, Alaa
al-Hams, 17, and Khamis Salameh.
The incidents mentioned above are clear
examples of the aggressive and severely violent policy of the PA
responding to Palestinian citizens trying to express themselves
peacefully.
C) The Right to Freedom of Political Organisation
1-Islamic National Salvation Party
The Palestinian police
set out to arrest the chief editor of al-Risala newspaper and party
spokesman Dr. Ghazi Hamad with some of the senior members of the party on
4 March 1999, during a meeting shortly following the internal elections of
the party. However, due to illness, Dr. Hamad was not present at the
meeting, so the police sent a summons to his wife at home demanding that
he report to the police headquarters immediately.
The police force which
burst into the meeting seized all the “leaders” of the Islamic National
Salvation Party and hauled them to police headquarters to meet with
Colonel Ghazi al-Jabali, the head of police, was headed by major Mahmoud
Saqr and some 25 members of the security police. Major Saqr told them as
they went with him that Colonel al-Jabali wished to see them in his
office. According to Ahmad Bahar, one of the well-known leaders of the
party, he did not mention the words "detention" or "arrest." They remained
in police custody until 2:00am the following day.
As for Dr. Hamad, he was transferred by the
police to the preventive security in Tal el-Hawa Prison where he remained
for four days. This was the sixth time that he was arrested since the
institution of the PA.
2- National Reconciliation Party
This party was established on 5 February
1996 after President Arafat endorsed the initiative. The party obtained
its legal permit on 20 July 1997 and started to expand in all the regions
of the country. Its members organised several activities, yet some began
to fabricate internal disputes against the leadership of the party. Those
members later confessed that they were pushed to create those problems by
the Palestinian Security Services, according to the chairman of the party
Nazmi al-Shanti in his interview with PHRMG.
Al-Shanti continued,
“So the party met and decided to dismiss those members who were behind the
dissension. This was announced on the front page of al-Hayat al-Jadida
newspaper on 24 October 1998.
However, at this point we were surprised
when the Ministry of Interior re-appointed the dismissed members as “group
leadership” despite the decision of dismissal taken by the general
assembly of the party.
We, as founders of the
party and legitimate leaders, tried to contact the Assistant Deputy
Minister of Interior Zakaria Abdel-Rahim, who called for new elections on
23 November 1998. Although that was contradicting the basic constitution
of the party, we agreed. We had no choice.
But on the day of the elections, and with
most of the members of the general assembly present, Zakaria Abdel-Rahim
postponed the matter further to 29 January 1999, and we had to agree in
order to save our party. After that, there was a long discussion regarding
who does and does not have the right to vote in the elections. We never
came to agreement with the Ministry of Interior, despite the fact that all
details are clear in the internal constitution of the party. We tried to
meet with deputy Minister of Interior Amad Bayoud Tamimi, but he refused
to meet
with us. So we wrote to President Arafat, and to his general secretary
Tayeb Abdel-Rahim, but we received no reply. Then we were surprised to
read the decision issued by the Ministry of Interior to dissolve the
party. It was published in all three daily newspapers -- al-Quds, al-Ayyam
and al-Hayat on three consecutive days, 19-21 February 1999, on the basis
that “the party violated its basic constitution."
Loyal members of the party tried very hard
to protest against this unjust decision, and we contacted various senior
officials trying to explain our position with no success. So we approached
the High Court of Justice to complain against the decision of the Ministry
of Interior, but the case was postponed three times -- first on 23
February 1999, then on 18 September 1999, then on 4 November 1999. Now
they say they will give their final decision at the end of February 2000.
A Letter of Congratulations
Palestinian
National Authority
Ministry of
Interoir
Brother/Secretary
General of the National Reconciliation Party
Homeland greetings,
Subject: Approval
on Licensing the National Reconciliation Party
I am pleased to
inform you that, following the instructions of President Abu-Ammar
(Arafat), we license the National Reconciliation Party, until a special
law is issued.
This approval does
not exempt you from commitment to local laws and regulations in the
areas under the rule of the PNA.
Best wishes for the
good of the country
Sincerely,
Ahmad Said
al-Tamimi
Deputy Minister
of Interior
A
Condolence Letter
Palestinian
National Authority
Ministry of
Interior
Announcement
regarding the National Reconciliation Party
The Ministry of
Interior has decided as of 19 February 1999 to dismantle the National
Reconciliation Party that was licensed by the Ministry on 22 July 1997,
because it contradicted its basic constitution, by which it obtained the
licensing.
All concerned are to
be notified not to deal with this party.
Ahmad Said
al-Tamimi
Deputy Minister
of Interior
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