Adalah: No Due Process for the Palestinian 6; Israel Must Reveal Evidence

Adalah – The Legal Center for Arab Minority Rights in Israel issued its legal expert opinion on Israel’s recent decisions to designate six Palestinian human rights and civil society groups as “terrorist organizations” and “unlawful organizations”. Adalah has been providing legal consultation and advice to all six organizations, since Israel’s Minister of Defense designated them as “terrorist organizations” under Israel’s 2016 Counter-Terrorism (Anti-Terror) Law on 19 October 2021. The Palestinian groups are: Addameer Prisoner Support and Human Rights Association, Al-Haq, the Bisan Center for Research and Development, Defense for Children International – Palestine (DCI-P), the Union of Agricultural Work Committees (UAWC), and the Union of Palestinian Women’s Committees (UPWC). Following the Minister of Defense’s designations, the groups were also declared as “unlawful associations” by the Israeli Military Commander under the 1945 Emergency (Defense) Regulations.

In the expert opinion, Adalah analyzes the two legal measures that the Israeli Defense Minister and the Israeli Military Commander have deployed to criminalize the activity of Palestinian human rights and civil society organizations, stop their operations, seize their assets, and levy penalties against their directors, staff, and supporters. Both measures – under the Counter-Terrorism Law and the Emergency Regulations – are marred by critical due process flaws and shortcomings, falling short of international standards and amounting to significant violations of the rights of Palestinians.

  1. Adalah’s main observations

Overbroad and vague definitions

The categories of “terrorist organization” and “unlawful association” created by Israel’s domestic law and military law frameworks, permit Israel’s Minister of Defense and the Israeli military commander to outlaw groups that engage in lawful activities using legal means.

Wide discretion

Under both legal frameworks, the relevant Israeli authorities do not need to justify their determinations, and the orders themselves are not immediately reviewable by any court or tribunal. The organizations and their members did not have any opportunity to challenge the designation and declaration orders prior to their issuance, or even to review the information used to justify the orders.

Extreme penalties

The designation results in severe and disproportionate implications for the organizations, their staff and members, and their supporters. Such implications include seizure of the organizations’ property and assets and up to twenty-five years’ imprisonment for its directors. Both legal regimes also criminalize public expressions of “praise”, “support” or “sympathy” with the designated groups and/or their actions and objectives. The designations threaten to isolate these groups, impugn their credibility, and disrupt their fundraising efforts.

Secret evidence and no due process

Both legal frameworks fail to provide the minimal standards of fair trial and due process. In particular, both permit the sweeping use of secret evidence, which are undisclosed to the affected parties and upon which the relevant Israeli authorities may rely in issuing final decisions. Petitioning the Israeli Supreme Court – which many only take place after the exhaustion of other legal procedures that deny due process – also does not solve these problems, as the Court has consistently shown great deference to the Israeli security apparatus in cases purported to involve national security matters.

Conclusions

In Adalah’s view, due process requires, at the bare minimum, that the Israeli authorities disclose to the six Palestinian human rights and civil society organizations and before the public, all of the materials that they claim justify the outlawing of the groups. Only in this way may the groups have a meaningful opportunity to interrogate and challenge all evidence.

Following the passage of the Counter-Terrorism Law in 2016, Adalah submitted a detailed position paper to the Israeli Attorney General arguing against the Law and its main provisions, and demanding its cancellation.

See the full report here.

(Source / 27.11.2021)

PA condemns new Israel settlements in Hebron

A general view shows ongoing construction work in the Israeli settlement in the occupied West Bank, on 28 October 2021 [AHMAD GHARABLI/AFP/Getty Images]
A general view shows ongoing construction work in the Israeli settlement in the occupied West Bank, on 28 October 2021

The Palestinian Authority (PA) on Thursday condemned the latest Israeli approval of the construction of 372 new settlement units in the southern West Bank city of Hebron.

In a statement, the PA’s foreign minister asserted that this Israeli move: “Is an extension of the process of deepening and expanding the illegal settlements in the heart of the old city of Hebron.”

The “provocative” move, as stated by the PA, came just a few days after the Israeli approval of building 11,000 units on the site of the old Qalandia Airport in East Jerusalem, also known as the Jerusalem International Airport.

According to the statement, the PA also condemned Israeli President Isaac Herzog’s visit to the settlement to celebrate Hanukkah, where he lit the festival’s candle at the Ibrahimi Mosque.

The PA warned the international community about the damage to the principle of the two-state solution caused by the continuous building of Israeli settlements in the occupied Palestinian territories.

READ: Israel’s theft of Palestinian water must be stopped

“The two-state solution is subjected to the most heinous process of sabotage because of Israel’s policy about controlling the Palestinian land during its accelerated annexation of the West Bank,” the PA declared.

On Thursday, Israeli media reported that the Kiryat Arba council in the Palestinian city of Hebron had approved the construction of 372 new housing units in the local settlement area, including public buildings, educational institutions, commercial buildings and public parks.

Official figures state that more than 600,000 Israeli Jewish settlers live in about 140 settlements approved by the Israeli government and around 145 settlement outposts unapproved by the Israeli government in the occupied West Bank and East Jerusalem.

Israel occupied the territories in the West Bank and East Jerusalem in 1967 and has controlled them ever since.

The settlements are considered a violation of international law by most of the international community.

(Source / 27.11.2021)

Updated: Soldiers Injure Dozens Of Palestinians, Including Two Journalists, Near Nablus

Israeli soldiers injured, Friday, dozens of Palestinians, including two journalists, during the weekly processions against the illegal colonialist activities, in Beita and Beit Dajan, near the northern West Bank city of Nablus.

Ahmad Jibril, the head of the Emergency Department of the Nablus branch of the Palestinian Red Crescent Society (PRCS) said the soldiers fired many live rounds, rubber-coated steel bullets, gas bombs, and concussion grenades, at the protesters on their lands.

Jibril added that the soldiers shot nineteen Palestinians with rubber-coated steel bullets, including a correspondent with the Palestinian TV, identified as Bakr Abdul-Haq, who was shot in the shoulder.

He added that at least three Palestinians, including one journalist, suffered cuts and bruises, in addition to dozens who suffered the effects of tear gas inhalation.

Eyewitnesses said the soldiers deliberately targeted medical teams and reporters during the processions.

In Beit Dajan, east of Nablus, the soldiers attack the peaceful protests against Israel’s illegal colonies, causing seventeen Palestinians to suffer the effects of tear gas inhalation.

The soldiers attacked the protesters with several live rounds, in addition to gas bombs, concussion grenades, and rubber-coated steel bullets.

The protests have been ongoing for the past several months since Israeli colonizers occupied Sbeih Mountain, in Beita town, and installed an illegal outpost dubbed Givat Avitar, on stolen Palestinian lands.

Updated From:
Army Shoots, Injures Two Journalists, Causes Many to Suffocate in Beita and Beit Dajan
Nov 26, 2021 at 19:36

Two Palestinian journalists were shot by Israeli forces, Friday, as they were covering the weekly protest in Beita town, southeast of Nablus in the northern occupied West Bank, according to local sources.

Israeli forces opened fire with rubber-coated steel rounds and tear gas canisters at the non-violent demonstrators who gathered in rejection of the ongoing Israeli colonization of Palestine.

Sources said that two journalists, identified as Bakr Abdel Haq (Palestine TV) and Najla’a Zaitoun, were shot with rubber-coated steel rounds, while three other journalists suffered the toxic effects of tear gas inhalation.

In addition, Israeli forces attacked the peaceful anti-settlement protest in Beit Dajan village, east of Nablus, causing seventeen civilians to suffocate on tear gas.

Soldiers opened fire at the crowd with live rounds, sound bombs and tear gas canisters causing inhalation injuries.

(Source / 27.11.2021)

PPS: On Hunger Strike for 103 days, Palestinian Administrative Detainee in Serious Condition

RAMALLAH, Saturday, November 27, 2021 (WAFA) – A Palestinian administrative detainee in Israel, who has been on hunger strike for 103 days to protest his prolonged detention without charge or trial, is in serious health condition, the Palestinian Prisoners’ Society (PPS) said today.

He is one of three Palestinian administrative detainees in Israel on hunger strike demanding their freedom.

PPS said Hisham Abu Hawwash, 39, from the southern West Bank city of Hebron, is being kept at Ramle prison clinic despite his deteriorating health condition after 103 days of fast, which was the reason he was not brought to the military court for a hearing on an appeal against extending his administrative detention.

Hawwash, who is married and a father of five children, was served with three consecutive administrative detention terms since October of last year each for a period of six months and the latest was while he was on hunger strike but reduced from six to four months. He spent a total of eight years in prison during his lifetime for his resistance of the Israeli occupation.

In addition to Hawwash, 45-year-old Loai Ashqar, from the village of Sida, north of the northern West Bank city of Tulkarm, continues with his hunger strike for the 48th day also in protest against his prolonged administrative detention. Ashqar is married and a father to eight children.

A third administrative detainee, Nidal Ballout, 27, from Bani Naim village, near Hebron, is also on hunger strike for the 30th day, said the PPS. His hunger strike was known only recently after the Israel Prison Services, which kept his hunger strike secret, allowed a lawyer to meet with him and he told the lawyer that he has been on hunger strike since his detention. He is married and a father of two children.

(Source / 27.11.2021)

Soldiers Injure Several Palestinians In Bethlehem

Israeli soldiers injured, on Friday evening, several Palestinians during protests in ‘Aida refugee camp, north of Bethlehem, south of occupied Jerusalem, in the West Bank.

Media sources said the soldiers attacked Palestinian protesters near Bilal Bin Rabah mosque and fired a few live rounds, rubber-coated steel bullets, and gas bombs.

They added that many Palestinians suffered the effects of tear gas inhalation, in addition to cuts and bruises.

The soldiers also chased several Palestinians but were unable to abduct any.

It is worth mentioning that the refugee camp witnesses frequent protests due to repeated invasions and violations by the soldiers.

(Source / 27.11.2021)

Israeli Navy Abducts Two Fishermen In Gaza

Israeli navy ships attacked on Friday at night, a Palestinian fishing boat with live fire and water cannons, near Gaza city, and abducted five fishermen, before releasing three.

Media sources said the boat was nearly six nautical miles from Gaza city shore and is owned by Palestinians from the local al-Hassi family.

They added that the soldiers abducted Mohammad Nihad al-Hassi, Ahmad Rashad al-Hassi, before taking them to an unknown destination.

The Navy also detained Jamal Jihad al-Hassi, Mohammad Rashad al-Hassi, and Nour Rajab al-Hassi, but released them a few hours later.

The army frequently attacks farmersshepherds, workers, and fishermen across the eastern parts of the coastal region and in Palestinian territorial waters, leading to dozens of casualties, including fatalities, in addition to preventing the Palestinians from tending to their lands and from fishing to provide for their families.

In March of this year, the Palestinian Interior Ministry in Gaza said Israeli mines were responsible for an explosion that led to the death of three fishermen.

(Source / 27.11.2021)

Israeli Soldiers Invade Silwan, Summon Young Man For Interrogation

Israeli soldiers invaded, Saturday, Silwan town, south of the Al-Aqsa Mosque in the occupied capital, Jerusalem, in the West Bank, and summoned a young man for interrogation.

Local sources said the soldiers invaded the al-Wista neighborhood in Silwan and briefly detained Sofian Natsha.

The sources added that the soldiers released the young man after ordering him to head to an interrogation facility, Sunday.

It is worth mentioning that Natsha, and Mohammad Ali al-Ghoul, 17, were abducted, Friday, from their homes in the al-Wista and Ras al-Amoud neighborhoods in Silwan, after the soldiers invaded their homes.

Sofian was released, but Mohammad remained under interrogation and was remanded in custody until further deliberations that would be held, Monday.

(Source / 27.11.2021)

Palestinian detainee in Israeli jails start hunger strike, but investigators hid this

Occupied Palestine (QNN)- A Palestinian detainee in Israeli jails has been on an open-ended hunger strike for 30 days, but Israeli investigators hid this from his lawyer, Palestinian Prisoners’ Society (PPS) said on Friday.

27-year-old Nedal Balout has been on a hunger strike for 30 days, since the moment of his arrest on October 29, 2021, in protest against his unfair administrative detention without a charge or trial by Israeli occupation authorities.

However, the Israeli investigators hid that he has been on hunger strike from his lawyer, the PPS said.

During this period, the PPS said Balout had been under harsh interrogation circumstances and he was banned from meeting his lawyer.

As according to Israeli military laws, a detainee can be held in interrogations for a total period of 75 days without receiving any official charges. According to these same laws, a detainee can be banned from meeting his/her lawyer for a total period of 60 days. Those detainees, in particular, were held for extremely long periods under interrogation, and were also banned from lawyers’ visits and legal consultation.

When a hearing was held for him lately, Balout appeared to be in a serious health condition, the lawyer said.

Balout, a father of two, is from Bani Naim town in Hebron in the occupied West Bank. He is also a former detainee in Israeli jails.

Along with Balout, there is another two-hunger-striking Palestinian detainees in Israeli jails: Hisham abu Hawash (103 days) and Loay Alashqar (48 days). Their health conditions have been deteriorating severely, as they have been suffering from powerful fatigue, exhaustion, headache, severe weight loss and serious decline in body fluids and vitamins.

About 50 Palestinian detainees started hunger strike since the start of 2021, in protest against Israel’s detention without a charge or trial.

Administrative detention is illegal under international law, however, the occupation state uses it to repress the Palestinian people.

‘Israel’ routinely uses administrative detention and has, over the years, placed thousands of Palestinians behind bars for periods ranging from several months to several years, without charging them, without telling them what they are accused of, and without disclosing the alleged evidence to them or to their lawyers.

Thus, the hunger strike is a method of a non-violent resistance which the prisoners use to protect their lives and their fundamental rights and a response to the occupation racist policies which they face in the prisons.

(Source / 27.11.2021)

Three Palestinian detainees in Israeli jails starve for freedom

Occupied Palestine (QNN)- Three Palestinian detainees in Israeli jails continue their open-ended hunger strike in protest of their unfair administrative detention without a charge or trial and to gain their freedom, despite of health deterioration.

The three hunger-striking detainees’ health condition has been deteriorating severely, as they have been suffering from powerful fatigue, exhaustion, headache, severe weight loss, irregular heart beats and serious decline in body fluids and vitamins.

The first hunger-striker is Hisham abu Hawash as he has been on hunger strike for 103 days.

Israel Prison Service refused to send Abu Hawash for the hearing in Court last Wednesday to review an appeal against him, due to his serious health conditions.

An Israeli court had previously ruled to decrease the period of Abu Hawwash’s administrative detention from 6 to 4 renewable months.

The 39-year-old detainee is in critical condition while being detained in the clinic of Al-Ramleh prison in harsh conditions.

Hisham Abu Hawash, from Dora in occupied Hebron, was arrested on October 27, 2020, under administrative detention.

His detention order was renewed three times for no reasons.

He has been on hunger strike since August 17, 2021 in protest against his administrative detention without a charge or trial by Israeli occupation authorities.

The second hunger-striker is Loay Alashqar, who is a father of 8, as he has been on hunger strike for 48 days.

He was detained on October 5, 2021 and he had also spent around 8 years inside the Israeli jails.

He was transferred last Thursday to the clinic of Al-Ramleh prison due to harsh health conditions.

The third is Nedal Balout, as he has been on hunger strike for 30 days.

According to the Palestinian Prisoners’ Society (PPS), Balout has been on an open-ended hunger strike since the moment of his arrest on October 29, 2021.

However, the Israeli investigators hid that he has been on hunger strike from Balout’s lawyer.

During this period, he had been under harsh interrogation circumstances. When a hearing was held for him last week, Balout appeared to be in a serious health condition, the lawyer said.

About 50 Palestinian detainees started hunger strike since the start of 2021, in protest against Israel’s detention without a charge or trial.

Administrative detention is illegal under international law, however, the occupation state uses it to repress the Palestinian people.

‘Israel’ routinely uses administrative detention and has, over the years, placed thousands of Palestinians behind bars for periods ranging from several months to several years, without charging them, without telling them what they are accused of, and without disclosing the alleged evidence to them or to their lawyers.

Thus, the hunger strike is a method of a non-violent resistance which the prisoners use to protect their lives and their fundamental rights and a response to the occupation racist policies which they face in the prisons.

(Source / 27.11.2021)

Israeli navy confiscates fishing boat, kidnap fishermen

Israeli navy attacking Palestinian fishing boats

Gaza (QNN)- The Israeli navy confiscated a fishing boat in the sea of Gaza and kidnapped all fishermen on board last night.

The fishing boat was working in the sea of Gaza, six nautical miles away from the beach, when the Israeli navy attacked it.

The boat, which is owned by the Hissi family, was attacked with water cannons and bullets. All five fishermen aboard were detained before three of them were released later.

(Source / 27.11.2021)