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Wednesday, 6th August 2008
The United Against Torture Coalition (UAT) and the Euro Mediterranean Human Rights Network (EMHRN) call upon the European Union (EU) for urgent action on the closure of the Nafha Society for the Defense of Prisoners and Human Rights in Nablus
The United Against Torture Coalition (UAT) and the Euro Mediterranean Human Rights Network (EMHRN) are deeply concerned about the suspension of the activities of the Nafha Society for the Defense of Prisoners and Human Rights (Nafha), following its closure imposed by the Israeli military authorities on Tuesday morning, 8 July 2008.
The military order, issued by the Israeli Army Commander in the West Bank, alleged that the Nafha, along with six other organizations, was being used to “finance terrorist organizations”, and therefore a 2-year closure was ordered.Nafha strongly denies this allegation and states that there is no evidence of this. What recently happened seems quite yet another attempt by Israel to discourage individuals and organizations from documenting and highlighting Israel’s violations of international human rights and humanitarian law in the OPT[1].
Legally established and registered with the Palestinian Authority in 2006, Nafha is one of several NGOs that represent and assist Palestinian detainees held in Israeli prisons and detention centres before Israeli courts. Nafha, which was headquartered in Nablus for two years, also works with released prisoners to help reintegrate them into daily life and offers prisoners’ families, in particular their children, psychological and social support.
Nafha is a member of the UAT Coalition, a network of Palestinian, Israeli and international human rights NGOs who cooperate in the struggle to end torture and inhuman and degrading treatment by both Israeli and Palestinian security authorities.
Requested Actions:
In light of the latest events in Nablus, UAT and EMHRN express their deep concern for the arbitrary closure by the Israeli authorities of Nafha and its dire impact on the organization’s beneficiaries.
UAT and EMHRN call upon the EU to condemn and call for an end to the actions described herein and specifically to allow for Nafha to immediately resume its activities without further harassment. Human rights defenders must be unfettered as they carry out legitimate activities to promote and defend human rights of others without fear of harassment, intimidation or arrest.
The UAT Coalition and the EMHRN urge the EU to take concrete steps to ensure that Israel abides by the fundamental principles contained in the UN General Assembly Declaration on Human Rights Defenders of 9 December 1998, in particular:
- That “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” (article 1);
- That “everyone has the right, individually and in association with others, to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms” (article 9.3c)
- That “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms” (article 12.1)
Further and in accordance with article 11 of the EU Guidelines on Human Rights Defenders, we, the undersigned, ask the EU to call on the Israeli authorities to comply with the relevant international norms and standards, and, in particular the above mentioned UN Declaration, in order to promote an environment conducive to the free operation of human rights defenders.
The EU Guidelines for the Protection of Human Rights Defenders were a major breakthrough in terms of the recognition of, and respect for, the legitimate role of human rights defenders. UAT and EMHRN urge the EU and its diplomatic mission in Israel to uphold to his commitments in these Guidelines and secure a firm commitment from Israel through the following actions:
- To exert political pressure on the State of Israel to ensure its full compliance with the UN Declaration on Human Rights Defenders and, more generally, with international human rights instruments ratified;
- To comply with their role in supporting and protecting human rights defenders through the implementation of the EU Guidelines, and of the subsequent reporting tasks on human rights defenders violations incumbent upon EU diplomatic missions and EU institutions in the field;
- To issue a public statement condemning the arbitrary closure of Nafha by the Israeli authorities and asking to facilitate the resuming of its activities, according to the provisions of the EU guidelines.
- To maintaining suitable contacts with human rights defenders in the Occupied Palestinian Territories.
Further Information
Additionally, on 16 July 2008 the Israeli army raided the private office in Nablus of human rights defender, lawyer and head of Legal Department of Nafha, Advocate Fares Abu-El-Hasan. The army broke into his apartment in the middle of the night and forced him to take them to his private office, which is located in another part of the city. During their search, which resulted in the confiscation of documents, files and computers, the Israeli army showed no respect for private property and the premises were damaged.
This is not the first time that Israeli authorities have targeted Nafha. On the 2nd of August 2007, the Israeli army arrested human rights defender Mohammad Bsharat, the Executive Director of Nafha. Mr. Bsharat was imprisoned without charges or trial. He spent more than six months in administrative detention and was released on the 24th of February 2008, as a result of an international campaign demanding his release or a fair trail. Public statements against his arrest as a human rights defender advocating for his case with international and European institutions were issued. Bsharat's case was eventually taken up by the Observatory for the Protection of Human Rights Defenders, a joint project of the International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT).
[1] Illustrative is the case of Al-Haq’s General Director Mr. Shawan Jabarin, submitted by the Israeli military authorities to a travel ban which heavily affects his freedom of movement, and, by extension, his freedom of expression. The entire case against Mr. Jabarin is based on secret “evidence” provided by the Israeli General Security Service (GSS) which allegedly demonstrates that Mr. Jabarin has been and continues to be an active member of a political organisation designated as illegal by Israel. See also Al Haq press release, issued on 24th July 2008 and concerning the arbitrary arrest and detention of one of Al Haq fieldworker: “Regrettably, Mr. Qawariq’s case is not an isolated incident but part of a wider trend of arbitrary arrests and detention of human rights defenders in the OPT, as well as those monitoring or documenting Israeli human rights violations in any way. Indeed, as recently as the afternoon of 23 July 2008, Jamal Kana’an Amirra was arrested while observing a peaceful demonstration protesting against the construction of the Annexation Wall near the Palestinian village of Ni’lin. Mr. Amirra is still under detention at Ofar military detention centre near Ramallah. Al-Haq is deeply concerned that the reason for his arrest was not his presence at the demonstration but rather the fact that his 14-year-old daughter had filmed an Israeli soldier, under the supervision of his commander, shooting the blind-folded and handcuffed Ashraf Abu-Rahma in the leg from point-blank range two weeks earlier. This footage was later broadcast in media outlets around the world and has prompted the Israeli military authorities to order a rare investigation into the actions of their soldiers.
Human rights defenders in the OPT have been increasingly targeted in recent years by repressive measures such as movement restrictions and administrative detention without trial. (…)”.
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