| 8 August 2003
The International federation for human rights (FIDH) welcomes
the concluding observations issued on 7 August by the UN Human
Rights Committee after it examined, from 23 to 25 of July 2003,
the situation of political and civil rights in Israel with regard
to the provisions of the International Covenant on Civil and
Political Rights (ICCPR) of 1966.
The FIDH welcomes the fact that the Committee reiterates that,
during an armed conflict, the applicability of the regime of
international humanitarian law does not preclude the application
of the international law of human rights, “including article
4 of the ICCPR which covers situations of public emergency which
threaten the life of the nation”, nor does it preclude
accountability of States parties under article 2 of the ICCPR
for the actions of their authorities outside their own territories,
including the Occupied Territories.
Therefore, The FIDH cannot but support the Human Rights Committee’s
decision to put forward six of the greatest violations of human
rights in the region, mainly resulting from “necessary
security measures”.
As a matter of fact, the committee underscores that
–- the use of prolonged detention without access to any
lawyer violates the Covenant. Therefore, Israel should ensure
that no one is held for more than 48 hours without access to
a lawyer.
–- what Israel calls “targeted killings” of
those identified as suspected terrorists in the Occupied territories,
when used as a deterrent or punishment, “raises issue
under article 6 of the covenant and constitutes a violation
of international law of human rights. The Committee asserts
that “State policy in this respect should be spelled out
in guidelines to regional military commanders, and complaints
about disproportionate use of force should be investigated promptly
by an independent body”.
–- regarding demolition of property and homes in the Occupied
Territories: Israel is asked to cease forthwith this practice
as it contravenes obligations of the State party relating to
private property and residence and amounts to torture or cruel
and inhuman treatment
–- regarding interrogation techniques used by Israel's
General security Services, Israel should no longer recourse
to the “necessity defense” argument which is not
recognized under the Covenant; Israel should also “ensure
that alleged instances of ill-treatment and torture are investigated
by independent mechanisms...and that those responsible be prosecuted”.
–- the entry into force of the Nationality and Entry into
Israel Law suspending the possibility of family reunification,
especially in the cases of marriages between an Israeli citizen
and a resident of the Occupied Territories, constitutes serious
violations of the International law of human rights; Israel
is asked to reconsider its policy with a view of facilitating
family reunification of all citizens and permanent residents.
•- the international law of human rights applies to the
“security fence” or “wall”. Therefore,
Israel is requested to stop the construction of the “Seam
zone” within the Occupied Territories as it contravenes
the fundamental freedom of movement guaranteed under article
12 of the ICCPR.
The FIDH is very pleased about the fact that the Human Rights
Committee paid great attention to the comments provided by the
NGOs for human rights that are working on these issues, on a
daily basis, either in Israel or in the Occupied Palestinian
Territories as well as to the reports produced by international
NGOs subsequently to every mission conducted on the field.
The FIDH, while affirming once again its solidarity with the
civilian population in Israel when hurt by suicide bombings
and recalling that suicide-attacks constitute war crimes, nevertheless
expresses its deepest concerns regarding the discriminatory
and cruel treatment suffered by the Palestinians in the West
Bank and Gaza as well as in Israel.
The FIDH cannot but strongly call the Israeli authorities to
take into consideration the recommendations produced by the
Committee in order to get to a real and tangible improvement
in the situation of human rights in the region.
http://www.fidh.org/magmoyen/israel.htm
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