The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in Israel and the Occupied Palestinian Territory.
New information:
According to the information received, on July 7, 2008, the Israeli High Court of Justice (HCJ) issued its decision in the case brought by Mr. Shawan Jabarin against the Commander of the Israeli military forces in the West Bank. Mr. Jabarin was challenging the arbitrary, indefinite and unconditional travel ban imposed on him by the Israeli military authorities, which prevents him from leaving the West Bank[1].
After having heard the arguments and reviewed the evidence presented on July 3, 2008, the judgment issued on July 7 by the highest judicial body in Israel amounted to three paragraphs. The first two paragraphs comprise a very brief, superficial review of the facts before the Court. The third paragraph, despite acknowledging the "ambiguity" surrounding the Israeli military authorities’ motives, and despite acknowledging the frustration of Mr. Jabarin’s lawyer at being prevented from responding to alleged evidence as he is not privy to such "evidence," swiftly rejects the petition on the basis of secret evidence. According to the Court, the secret evidence shows that Mr. Jabarin is an active member of a "terrorist" organisation. Further factual details, as well as legal reasoning of any kind, were considered by the Court to be superfluous to the judgment.
The secret evidence procedure adopted by the HCJ in this case raises serious questions about basic due process principles and fair trial standards in Israel. In particular, the right of all persons to a fair trial is guaranteed under international humanitarian and human rights law, with General Comment No. 32 of the UN Human Rights Committee specifically stating that parties must "be given the opportunity to contest all the arguments and evidence adduced by the other party".
The Observatory expresses its deep concern about the ongoing travel restrictions against Mr. Shawan Jabarin, which seem to merely aim at sanctioning his human rights activities. Indeed, travel restrictions such as those imposed on Mr. Jabarin unfairly and arbitrarily impair his ability and the ability of his organisation to address international forums about human rights concerns in the Occupied Palestinian Territory.
Under these circumstances, the Israeli government’s repeated refusal to allow Mr. Jabarin to travel abroad constitutes an arbitrary and unlawful infringement on his right to freedom of movement. This includes his right to leave his own country, guaranteed by Article 12 of the International Covenant on Civil and Political Rights (ICCPR), which Israel ratified in 1991.
Although human rights law permits restrictions on freedom of movement for security reasons, the restrictions must have a clear legal basis, be limited to what is necessary, and be proportionate to the threat. The United Nations Human Rights Committee said in its General Comment 27 that "any limits on freedom of movement cannot reverse the relation between right and restriction, between norm and exception".
The Observatory urges the Israeli authorities to put an end to any kind of harassment against Mr. Shawan Jabarin, as well as to conform with the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, especially its Article 1, which states 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".
Furthermore, and in accordance with article 11 of the European Union (EU) Guidelines on Human Rights Defenders, the Observatory urges the EU missions in Israel to urge Israeli authorities to comply with the relevant international norms and standards and, in particular, the UN Declaration on Human Rights Defenders in order to create an environment where human rights defenders can operate freely.
Background information:
Since March 23, 2006, when the travel documents of Mr. Shawan Jabarin were confiscated by the Israeli authorities, with no official reason, all the applications for business trips authorisations that he has submitted have been rejected by the Israeli authorities, including when he was invited by international NGOs.
On June 20, 2007, the Israeli High Court of Justice rejected his petition aiming at putting an end to his travel ban and to enable him to attend an international conference on peace and justice in Germany, from June 25 to 27, 2007. It was argued before the Court that Mr. Jabarin’s trips abroad could represent a risk for national security, on account of his alleged political affiliations - without this argument being proved. The Court then demanded that Mr. Jabarin, his lawyer and the public leave the room, so that "secret evidence" demonstrating that Mr. Jabarin would belong to a political organisation considered as illegal by Israel could be examined.
After this review, and without Mr. Jabarin and his lawyer being able to examine the proofs or to be informed of their substance, the Court confirmed that the plaintiff would not be able to travel to Germany.
Actions requested:
Please write to the authorities in Israel urging them to:
i. guarantee in all circumstances the physical and psychological integrity of Mr. Shawan Jabarin;
ii. lift the travel ban imposed on Mr. Shawan Jabarin, as it sanctions his human rights activities;
iii. put an end to any kind of harassment against Mr. Shawan Jabarin and all human rights defenders in Israel and the Occupied Palestinian Territory and ensure in all circumstances that they are able to carry out their work without unjustified hindrances;
iv. comply with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly on December 9, 1998, in particular above-mentioned article 1, article 5c, which states that "for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually or in association with others, at the national and international levels [...] to communicate with nongovernmental or intergovernmental organisations", and article 12(2), which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";
v. more generally, ensure in all circumstances the respect for human rights and fundamental freedoms throughout the country and the Occupied Palestinian Territories in accordance with international human rights instruments ratified by Israel, including the International Covenant on Civil and Political Rights and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Addresses:
– Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax: + 972 2 651 2631 / 02-670-5475, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il
– Mr. Ehud Barak, Minister of Defence, Ministry of Defence, 37 Kaplan Street, Hakirya, Tel Aviv 61909, Israel. Fax: +972 3 691 6940, Email: minister@mod.gov.il.
– Mr. Tzipi Livni, Minister of Foreign Affairs, Ministry of Foreign Affairs, 9 Yitzhak Rabin Boulevard, Kiryat Ben-Gurion, Jerusalem 91035, Israel. Fax: +972 2 628 7757 / +972 2 628 8618 / + 972-2-5303367. Email: sar@mfa.gov.il
– Mr. Daniel Friedmann, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel. Fax: + 972 2 628 7757 / + 972 2 628 8618 / + 972 2 530 3367. Email: sar@justice.gov.il / tifereth@justice.gov.il
– Ambassador Itzhak Levanon, Permanent Mission of Israel to the United Nations in Geneva, Avenue de la Paix 1-3, CH-1202, Geneva, Switzerland, E-mail: mission-israel@geneva.mfa.gov.il, Fax: +41 22 716 05 55
– Embassy of Israel in Brussels, 40 avenue de l’Observatoire, 1180 Uccle, Belgium, Fax: + 32 2 373 56 17, Email: brussels@israel.org
Please also write to the diplomatic mission or embassy of Israel in your respective country as well as to the EU diplomatic missions or embassies in Israel.
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Geneva-Paris, July 16, 2008.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
[1] See Press Release issued by the Observatory on June 24, 2008 jointly with Al-Haq, the Al-Mezan Center for Human Rights, Defence for Children International - Palestine Section, Palestinian Centre for Human Rights, Gisha - Legal Center for Freedom of Movement, the Association for Civil Rights in Israel (ACRI) and the Euro-Mediterranean Human Rights Network.