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)

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)

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)

Watchdogs condemn PA’s crackdown on funeral procession of Amjad Abu Sultan

PA policemen attacking a citizen

Occupied Palestine (QNN)- International watchdogs condemned the crackdown by the PA’s police on the funeral procession of Amjad Abu Sultan and called the PA to stop arbitrary detention.

The International Commission to support Palestinian People’s Rights (ICSPR) called on the PA to stop political and arbitrary detentions.

“We are following with deep concern the arbitrary and political detentions in Jenin refugee camp by the West Bank’s security forces over the last few days”, it said.

“The International Commission to support Palestinian People’s Rights (ICSPR) is concerned over the continuous arbitrary and political detentions and fears that detainees may be subjected to mistreatment and violation of their rights.”

In the same vein, Lawyers for Justice condemned the PA’s behaviour and said it has violated the Palestinian basic law, which sates that Palestinians have the right to participate in political life either individually or as groups.

It added that the PA forces also violated basic human rights and called it “to guarantee freedom of opinion and expression, and guarantee freedom of political affiliation, work, and political participation guaranteed by the Basic Law and human rights agreements to which Palestine is a party.”

(Source / 27.11.2021)

Video| PA police in civilian clothes attack funeral procession of child martyr

Bethlehem (QNN)- Local sources said members of the Palestinian Authority’s police in civilian clothes attacked the funeral procession of Amjad Abu Sultan (14 years old) on Friday. The child was killed over a month ago by Israeli soldiers.

Video footage of the incident showed PA cops attacking participants in the funeral, who were raising flags of the PFLP, IJ, and Hamas factions.

The attack sparked outrage among Palestinians on social media, especially that it came following other similar violations.

(Source / 27.11.2021)

UN Register of Damage team visit West Bank villages affected by Israeli apartheid wall

Days of Palestine – Qalqilia – A team from of the United Nations Register of Damage (UNROD) caused by the construction of the wall, a UN body in charge of documenting the damage caused by the Israeli apartheid barrier in the West Bank, today visited a number of villages in the West Bank province of Qalqilia affected by the wall.

Leonid Frolov of the Russian Federation, the UNROD Executive Director, headed the delegation, which visited the villages of Arab Al-Ramadin, Abu Farda, Jayyus and Falamia that are that are badly affected by the barrier.

Read More: Eight Palestinians kidnapped by Israeli forces in West Bank raids

Frolov underscored the suffering of the Palestinian villages under Israel’s barrier and apartheid regime, saying the Palestinians deserve to live in peace and free of occupation.

Rafea Rawajba, the Governor of Qalqilia, briefed the delegation on the suffering of the Palestinian population in the area, including the lack of the freedom of movement, as a result of the Israeli military checkpoints and the construction of the apartheid barrier on Palestinian land.

Read More: Israeli occupation authorities demolish house in south of West Bank, issue demolition orders against others

In 2004, the international Court of Justice in the Hague ruled that the barrier being built around the West Bank was illegal and should be pulled down.

The UN General Assembly established UNROD in a resolution passed on 15 December 2006 as a subsidiary organ with mandate to serve as a record of the damage caused to all natural and legal persons concerned as a result of the construction of the wall by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem.

(Source / 27.11.2021)