Amnesty International Report 2000 - Palestinian Authority

President: Yasser 'Arafat
Death penalty: retentionist

More than 350 people were arrested during 1999 for political reasons. At least 90 were prisoners of conscience, including critics of the Palestinian leadership, journalists and members of a legal opposition Islamist party. Most were released, but at least 70 remained in detention at the end of the year. Reports of torture and ill-treatment continued to be received. More than 230 people arrested in previous years remained detained without charge or trial, including suspected members of Islamist opposition groups and people suspected of "collaborating" with the Israeli authorities. The High Court of Justice ordered the release of 52 detainees held without charge or trial, but only four were known to have been released as a result of these judgments by the end of the year. State security and military courts continued to sentence political detainees after unfair trials. One person was executed and four people were sentenced to death after trials before the state security or military courts. Two people were unlawfully killed during a demonstration. The Palestinian Authority (PA) failed to bring those responsible for human rights abuses to justice.

Background

The peace process, which had stalled during the first six months of the year, revived under the government of Ehud Barak. In September and November there were further Israeli withdrawals from parts of the West Bank. By the end of 1999, Israel remained in full control of 64 per cent of the West Bank (Area C); 10 per cent of the West Bank was under the security control of the PA (Area A); and 26 per cent was under the security control of Israel and the civil control of the PA (Area *). In October a safe passage was inaugurated to facilitate travel by Palestinians between the West Bank and Gaza Strip.

There was increasing concern at the failure of the PA to follow decisions made by the judiciary. President Yasser 'Arafat ordered a review of the administration of justice following the publication in May of a report, Rule of Law Development in the West Bank and Gaza Strip, by the Office of the Special Coordinator in the Occupied Territories. In May and June President 'Arafat appointed a new Chief Justice and Attorney General; the posts had been vacant for more than a year. However, many judicial decisions continued to be ignored by the security services and no review of the administration of justice had been made public by the end of the year.

Arrests

At least 350 people were arrested in 1999 for political reasons; they included journalists, critics of the PA leadership, and supporters of Islamist opposition groups such as Hamas and Islamic Jihad. At least 90 were prisoners of conscience. Some suspected members of Islamist groups were arrested after pressure from the Israeli authorities to round up those who might be connected with violent attacks against Israel; others were detained because of opposition to or criticism of the PA leadership. At least 70 suspected Islamist activists remained held without charge or trial at the end of 1999.

• Members of a group calling itself the "Free Officers" who issued a communiqué accusing the PA leadership of corruption were arrested in June; they were reportedly released before the end of the year.
• Nine of the 20 prominent Palestinians who signed a statement criticizing the PA leadership in November were detained for up to 39 days.
• Members of Hizb al-Khalas, a legal Islamist political party which has stated its opposition to violence, were arrested in February and August after criticizing the PA leadership and held for up to several months without charge or trial.
• Mahmud al-Zahhar, a political leader of Hamas in the Gaza Strip, was arrested in February, apparently because he provided medical treatment for one of the people suspected of involvement in the shooting of Rif'at Jawdeh – a member of the security forces – and two children during an attempt to arrest four suspected Hamas members. He was released without charge in March.
• In September the Preventive Security Service (PSS) arrested Maher al-Dasuqi, a television presenter, after a prisoner's mother criticized the PA leadership on his program. He was detained at a PSS investigation centre in Ramallah, where for three days he was reportedly hooded, deprived of sleep and made to stand almost the entire time. His wife and lawyer were only allowed to visit him after eight days. He was released without charge after 19 days' detention.

Torture

Reports of torture and ill-treatment continued to be received. Prolonged incommunicado detention in the period immediately after arrest facilitated torture. The authorities failed to investigate complaints of torture and to bring those responsible to justice.

• In August Sami Nawfel, a leading member of Hizb al-Khalas, was arrested by General Intelligence and detained for eight days before being released without charge. While detained he was reportedly subjected to falaqa (beating on the soles of the feet), shabeh (standing or sitting in painful positions) and sleep deprivation. A medical report confirmed injuries consistent with these allegations.

Detention without trial

At least 300 people were detained without charge or trial. They included more than 100 detainees suspected of "collaborating" with Israel and at least 200 people detained on suspicion of belonging to Islamist or leftist groups opposed to the peace process. The detention of suspected supporters of Hamas was frequently linked to pressure from Israel and the USA to arrest individuals suspected of "terrorism". Many detainees, particularly those accused of "collaboration", were tortured after arrest. Palestinian human rights organizations continued to raise the cases of many of those detained without trial before the Palestinian High Court of Justice. The Court ordered the release of 52 detainees, but only four were known to have been released as a result of these judgments by the end of the year. In January there were demonstrations against the continuing detention without trial of political detainees and the Palestinian Legislative Council passed a resolution calling for the release of political detainees; 38 detainees were released.

• In February the Palestinian High Court of Justice ordered the release of Wa'el Farraj, detained without charge or trial since April 1996. He had not been released by the end of 1999.

Unfair trials

State Security Courts continued to hold grossly unfair trials. In October President 'Arafat appointed Khaled al-Qidreh as Attorney General of State Security Courts. Khaled al-Qidreh had been Attorney General in 1995 when the State Security Courts were introduced, but had been dismissed in 1997. Civilians were also tried by military courts whose procedures fell short of international fair trial standards.

• In May 'Usama Hamad and Karima Hamad, who had been detained since 1996, were tried by a military court in Gaza City. 'Usama Hamad was reportedly charged with unintentionally causing the death of Yahya 'Ayyash, a Hamas member said to have made suicide bombs to kill Israeli civilians, in January 1996 by negligence or recklessness. Karima Hamad was accused of aiding her uncle, Kamal Hamad, who was tried in absentia, in causing Yahya 'Ayyash's death with a mobile telephone booby-trapped by the Israeli General Security Service. Lawyers representing 'Usama Hamad and Karima Hamad withdrew before the trial opened and the court appointed lawyers for them. The trial was adjourned after one session and had not resumed by the end of the year.

Death penalty

Four people were sentenced to death during 1999 and one person was executed. All trials which resulted in the imposition of death sentences took place in state security or military courts and failed to meet international fair trial standards.

• Colonel Ahmad Abu Mustafa was executed in Gaza in March one day after being found guilty of raping a 10-year-old boy and of "inciting the masses against the Palestinian Authority". The summary trial before a military court was grossly unfair. It took place the day after Colonel Abu Mustafa's arrest. No forensic tests were carried out on the rape victim. Colonel Abu Mustafa, who pleaded not guilty, was not allowed to call witnesses who he said could provide him with an alibi. There was no right of appeal.
• Ra'ed al-'Attar, a supporter of Hamas, was sentenced to death by a military court in March for the death of a Palestinian policeman during a police chase in Rafah. Ra'ed al-'Attar denied the charge. No forensic tests were carried out. Two co-defendants were sentenced to life imprisonment. President 'Arafat agreed to reconsider the death sentence after demonstrations and riots in Rafah during which two people were killed, reportedly by the Palestinian security forces, and 80 others injured.

Impunity

The PA failed to bring to justice members of the security services responsible for human rights abuses such as torture or unlawful killings.

• In November 'Abd al-Latif 'Abd al-Fattah, a Palestinian General Intelligence officer, sentenced to seven years' imprisonment by a military court in 1998 for "mistreatment and negligence" in connection with the death of Walid al-Qawasmeh in Jericho General Intelligence Centre, was appointed as a General Prosecutor in the Attorney General's Office.

AI country reports and visits

Report

• Palestinian Authority: Defying the rule of law – political detainees held without charge or trial (AI Index: MDE 21/003/99)

Visits

AI delegates visited areas under the jurisdiction of the PA in January, April, May and Jun