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Israel: Visits & Communications

Country Visits

The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, visited Israel in September 2006. The report on his visit is A/HRC/2/7.

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Correspondence from 2007

The record of correspondence for 2007 is excerpted from the official United Nations report, A/HRC/4/20/Add.1.

Israel: Deaths of Civilians in the Gaza Strip

Violation alleged: Deaths due to attacks by the military

Subject(s) of appeal: More than 170 persons

Character of reply: No response (recent communication)

Observations of the Special Rapporteur

The Special Rapporteur looks forward to receiving a response concerning these allegations.

Letter of allegation dated 30 November 2006

I am writing to your Excellency’s Government to express my concern about recent incidents involving the killing of civilians in the Gaza strip and Israel. I am also writing a letter to the Palestinian Authority, a copy of which is enclosed with this letter.

According to reports received, on 8 November 2006 artillery shells fired by the Israeli Defense Forces at a cluster of houses in Beit Hanun in the Gaza Strip killed 18 Palestinians, including 14 women and children. On 22 November 2006, Israeli Defense Forces reportedly killed a woman in her 30s and a 16-year-old boy, in addition to two gunmen from Hamas. On 24 November 2006, in Beit Lahiya an Israeli Defense Forces sniper reportedly killed a 10-year-old boy, Abdel Aziz Salman.

These three incidents are just a few recent examples of the consistently rising death toll since Israeli Defense Forces re-entered the Gaza Strip following the capture of Cpl Shalit. According to statistics of the non-governmental organization Physicians for Human Rights, between 28 June and 27 October 2006 Israeli military action in the Gaza Strip directly caused the death of 247 persons and the injury of another 996. 155 of the 247 dead (corresponding to more than 63 percent) were civilians. According to the same statistics, 337 of those wounded, i.e. more than a third, were children.

I do not consider it necessary to recall in any detail here the overall body of norms and principles of international humanitarian law and international human rights law applicable to the conduct of military operations by the Israeli Defense Forces in the Gaza Strip in general and to the incidents mentioned above in particular. These include several principles specifically aimed at minimizing civilian deaths in the course of military operations, such as the principle of distinction, the prohibition of indiscriminate attacks, the principle of proportionality, and the obligation to take all feasible precautions to avoid, and in any event to minimise, incidental loss of civilian life.

I would like to recall, as noted in my 2006 annual report to the Commission on Human Rights, that “[t]he State obligation to conduct independent and impartial investigations into possible violations does not lapse in situations of armed conflict and occupation” (E/CN.4/2006/53, para. 37). This includes the obligation, whenever a State receives allegations that someone has committed or ordered a grave breach - such as the “wilful killing” of a protected civilian – to investigate the matter and either try the suspected perpetrator before its own courts or extradite him to another State that has made out a prima facie case. Should the perpetrator be found guilty, the State must impose an effective penal sanction (ibid., para. 34).

With respect to these obligations, I would like to learn:

  1. whether your Government maintains statistics of the number of civilians the Israeli Defense Forces have killed in the Gaza Strip since 28 June 2006;

  1. how many of these civilian deaths have been investigated, and whether such investigations were carried out only internally by the Israeli Defense Forces or also by other authorities;

  1. the outcome of the investigations your Excellency’s Government has carried out into the reported killing of more than 170 civilians in the Gaza Strip since the end of June 2006;

  1. in my letter to your Government requesting a visit of 16 June 2006 I had expressed particular concern “about the reported recent intensification of rocket fire on Israel from Gaza, the explosion killing seven civilians on a beach north of Gaza City on 9 June 2006, and the 11 June 2006 rocket attack by the Israeli Defence Forces on a vehicle allegedly carrying artillery and explosives, which resulted in the death of two Islamic Jihad militants and nine civilians”. Has your Government carried out independent investigations into the 9 and 11 June 2006 incidents (in addition to the internal IDF investigations) in the meantime? With what results?

It is my responsibility under the mandate provided to me by the Commission on Human Rights and extended by the Human Rights Council to seek to clarify all cases brought to my attention. Since I am expected to report on these incidents to the Council, I would be grateful for your cooperation and your observations on the above matters. I undertake to ensure that your Government’s response to each of these questions is accurately reflected in the report I will submit to the Human Rights Council for its consideration. Please note that in order to include your Government’s response in my next report to the Human Rights Council, I would need to receive it before 15 January 2007.

In the light of the reports received and of the questions these reports raise, I also would like to reiterate my request to conduct a visit to Israel and the Occupied Palestinian Territories at the earliest possible date. The Palestinian Authority has indicated its consent to my request. I am confident that such a visit could take place in the same constructive spirit as my recent visit to Israel from 10 to 14 September 2006.

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Correspondence from 2006

The record of correspondence for 2006 is excerpted from the official United Nations report, E/CN.4/2006/53/Add.1.

Israel: Impunity for Deaths During October 2000 Riots

Violation alleged: Impunity

Subject(s) of appeal: 13 males (members of ethnic minority)

Character of reply: Cooperative but incomplete response

Observations of the Special Rapporteur

The Special Rapporteur appreciates the information provided by the Government of Israel.  The SR regrets that this information is responsive to only one of the five questions posed but appreciates the Government’s commitment to transmit the results of the appeal from the decision not to prosecute any of the implicated police officers.

Allegation letter sent on 27 September 2005

Allegation letter sent regarding the recent decision by your Ministry of Justice to close all investigations into the killing of 13 men by police forces during riots in October 2000.

In this respect, I would like to recall that at the outbreak of these disturbances, on 3 October 2000, my predecessor as Special Rapporteur on extrajudicial, summary or arbitrary executions addressed an urgent appeal to your Excellency’s Government, urging your Government “to ensure that government forces are immediately ordered to act with restraint and to respect international human rights standards when carrying out their duties” and reminding your Government that “under international human rights standards police and security forces may only resort to firearms and lethal force in extreme situations, when lives are in danger and other means prove ineffective”. Finally, the then Special Rapporteur urged that “[a]ll incidents of alleged killings by government forces must be investigated without delay and the persons responsible … be brought to justice”. In its reply dated 10 October 2000, your Excellency’s Government assured the then Special Rapporteur that “[u]tmost restraint exemplifies the conduct of the Israeli forces throughout these incidents, in conformity with international standards and even far beyond”.

As mentioned above, my purpose in writing to you today, however, is to bring to the attention of your Excellency’s Government concerns regarding the investigation of 13 instances of lethal police shooting that did occur during those days, and to receive information from the Government in this respect. On the basis of the information I have received, the relevant facts regarding investigations into the death of the 13 men may be summarised as follows:

On 2 October 2000, protests broke out in numerous locations in Galilee. These disturbances saw young men, Arab Israelis and Palestinians, hurling stones at the security forces. On several occasions, the police opened fire on the protestors, using both rubber bullets and live ammunition. The police killed 13 men, 12 Arab Israeli citizens and a Palestinian.

During the months from October 2000 to May 2001, the Police Investigations Department (PID) of the Ministry of Justice took some initial steps to investigate the deaths. Due also to the ongoing disturbances, the investigators did not go to the scene of several of the incidents before the evidence was destroyed, autopsies were carried out only in some of the cases, and many of the police officers involved in the clashes that had resulted in lethal shootings were not heard. This investigation came to a halt in May 2001, when the state prosecutor ordered the PID not to carry out a separate investigation during the hearings of the commission on inquiry that had in the meantime been set up by the Government.

On 8 November 2000, the Government had decided to appoint a commission of inquiry to investigate what occurred during the riots. The commission, headed by a member of the Supreme Court, justice Theodor Or, submitted its report in September 2003. It found that the police had repeatedly had recourse to excessive force in order to quell the riots. Among other findings, the commission concluded that the commander of the police's Northern District at the time and the former Amakim District police chief had issued directives to snipers to open fire on stone-throwing protesters in several instances. The commission also found that the Misgav police station commander could have prevented clashes with the rioters and that he used live fire without justification, causing the death of two civilians and the wounding of others. The commission recommended that the PID open criminal investigations into ten separate instances of shooting deaths during the riots.

After the publication of the commission report, the PID restarted its investigation. During this probe, hundreds of policemen and civilians who were present at the scene of the incidents were questioned. After close to two years of investigation, in September 2005 the PID has concluded that there is not sufficient evidence to indict anyone for the killings. In some of the cases identified as unjustified use of lethal force by the commission of inquiry, the PID concludes that in fact the use of lethal force was justified (e.g. on the ground of a different assessment of the risks faced by the police officers at the time of the shooting).  In other instances, the PID concludes that the firing was illegal, but is unable to identify those responsible. The PID adduces numerous reasons for its inability to gather sufficient evidence to raise criminal charges, among them:

-         Investigation teams did not reach the scenes soon enough after the incident and did not attempt to collect evidence shortly thereafter as the fierce violence during the riots would have endangered the investigators had they tried to do so.

-         In some cases, investigators were unable to locate the police officers involved in the riots. In other instances, they were unable to determine which police officer was responsible for the gunfire that killed the rioters.

-         The families of those killed did not cooperate with the investigation, in particular they did not agree to the PID’s requests (made at the end of the year 2003) to disinter the victims to allow an autopsy.

            In reply to some of these arguments, it has been pointed out that:

-         it was the state prosecutor who ordered the PID to stop all investigations in May 2001, and allowed their resumption only in September 2003, three years after the killings;

-         the exhumation of the victims and the autopsies, while offensive to the feelings of piety of the victims’ families, were unlikely to yield any results significant to the investigation. Some of those killed in October 2000 were hit by rubber bullets, which cannot be matched up with a specific gun. All were buried without coffins, and contact with the earth is liable to make also metal bullets useless for the purpose of laboratory tests. The PID itself admitted in court that any information obtained from the bodies was liable to be partial.

-         where an autopsy had been carried out immediately after the killing and the commission of inquiry concluded that charges should be raised, the PID decided nonetheless not to initiate criminal proceedings. The autopsy report on Musalah Abu Jarad of Umm al-Fahm, for instance, determines that he was killed on 2 October 2000 by a sniper's bullet. The commission of inquiry report identifies the source of the firing, noting that the commander of the Police's Northern District took responsibility for deploying snipers during the incident in which Musalah was killed. It also finds that the deployment of snipers and the orders to open fire were excessive. The PID, however, concludes that it is impossible to determine, with the level of certainty needed for a criminal proceeding, that the deployment of snipers and orders for opening fire were improper.

-         in other cases, exhumation was requested although it would appear that the available evidence is sufficient to raise charges. In the case of the shooting of Asil Asala, for instance, the Commission report notes that at the time of his death he was surrounded by three uniformed policemen, indicating their names. (My predecessor as Special Rapporteur sought clarification from your Government on this specific case in a letter dated 23 October 2000, which has remained without a reply to date).

To sum up, five years after the fatal shooting of 13 Arab men by Israeli police forces, and after a commission of inquiry set up by your Excellency’s Government concluded that the use of force in these cases had been excessive, a decision has been taken by the Government not to hold anyone accountable for their deaths. 

In this connection, I would like to refer Your Excellency's Government to the fundamental principles applicable to such an incident under international law. Article 6 of the International Covenant on Civil and Political Rights provides that no one shall be arbitrarily deprived of his or her life. As the Human Rights Committee has clarified, “arbitrarily” means in a manner “disproportionate to the requirements of law enforcement in the circumstances of the case” (Views of the Committee in the case Suárez de Guerrero v. Colombia, Communication no. 45/1979, § 13.3). In order to assess whether the use of lethal force was proportionate to the requirements of law enforcement, there must be a “thorough, prompt and impartial investigation” (Principle 9 of the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions). This obligation, affirmed also in the jurisprudence of the Human Rights Committee (see, e.g. the Committee’s views in Arhuacos v. Colombia, Communication no. 612/1995, § 8.8.), is indeed part and parcel of the obligation to respect and protect the right to life enshrined in Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights.

In the present case, it is undisputed that your Government has investigated at length whether the use of lethal force was proportionate to the requirements of law enforcement. However, one of the reasons adduced for the loss of evidence that would have been essential to issuing indictments is that the PID investigations were on hold from May 2001 to September 2003. The decision of the state prosecutor to order a halt to the investigations in May 2001 was reportedly intended to allow the various witnesses to share all the information at their disposal with the commission of inquiry without fearing a criminal investigation. The conclusion of the commission of inquiry that in some instances the use of lethal force was not justified, based on three years of inquiry and a report of more than 800 pages, is now disavowed by the PDI on the ground that it is no longer possible to determine whether the use of lethal force was disproportionate and, if so, who is responsible for that disproportionate use of lethal force. This outcome – and particularly the way in which the interplay of commission inquiry and PDI investigation have produced it – would appear to fall short of the international standards referred to above.

I therefore urge your Government to subject the decision of the Police Investigations Department to stringent review and to examine requests of or on behalf of the victims’ families to reconsider this decision with the greatest attention and an open mind.

Moreover, it is my responsibility under the mandate provided to me by the Commission on Human Rights to seek to clarify all cases brought to my attention. Since I am expected to report on this case to the Commission, I would be grateful for your cooperation and your observations on the following matters:

1.         Are the facts alleged in the above summary accurate?

2.         Is the Report of the commission of inquiry presided by justice Orr available in Arabic? Is it available in English? If so, please provide a copy thereof.

3.         Observers of the case have noted that although the Police Investigations Department is part of the Ministry of Justice and thus institutionally independent of the Ministry of Security, it is composed of police officers and therefore does not offer the appearance of full impartiality in such a matter. Another report I have received states that the Minister of Internal Security and the Minister of Justice share ministerial responsibility over the Police Investigations Department. Please clarify the institutional location of the PID and the responsibility for this unit, as well as any further information relevant to its independence and impartiality.

4.         Please explain the grounds on which the PID came to different conclusions from the commission of inquiry with regard to the proportionality of the use of lethal force and to the possibility to identify those responsible, commenting also on the criticism of the PID investigation summarized above.

5.         Most importantly, please state whether your Excellency’s Government now intends to take any steps to re-open the decision of the PID and how it will react to challenges to that decision by relatives of the victims or other interested parties.

Response of the Government of Israel dated 18 January 2005

The Government of Israel responded that on September 18, 2005 the head of the Department for Investigation of police officers decisions concerning the October 2000 incidents were released. The investigations resulted in lack of evidence and unknown offenders (and in regard to one injury, the finding of “no Offence”.  Following several requests for re-examination of the decisions, and based on the abovementioned and due to the high sensitivity of the issue, which deserves further examination, the Attorney General, the State Attorney and the director of the department reached the conclusion that it would be advisable to initiate an appeal process, which will be carried out by the deputy state attorney (special functions).  This appeal is intended to re-consider a previous decision to close this file. I would like to underline that the appeal procedure is applied as an exercise of the right to criticism and reconsideration of the decisions of legal authorities. The results of this procedure will be transmitted to the Special Rapporteur when they are published.

Israel: Targeted Killings in the West Bank

Violation alleged: Death due to attacks or killings by security forces

Subject(s) of appeal: 25 males

Character of reply: No response (recent communication)

Observations of the Special Rapporteur

The Special Rapporteur looks forward to receiving a response concerning these allegations.

Allegation letter sent on 28 November 2005

Since assuming this mandate, I have received numerous reports concerning the killing of suspected terrorists by the Israeli Defense Force (IDF). In the annex to this letter you will find summaries of the information regarding ten such incidents, between 10 June 2004 and 25 January 2005. These summaries are based on affidavits signed by eye witnesses of the killings, as well as, in some cases, medical records of the deceased.

The eye witnesses and the organization presenting the affidavits to me allege that in all cases fire was opened by the Israeli forces without any warning and without any threat against them by the persons fired at. The description of the incidents and of the injuries suffered by the victims strongly suggests that the lethal outcome of the use of force was intended in all cases. In some of the cases, your Excellency’s Government appears to claim that there was in fact an armed confrontation, while in others the source’s version appears to be undisputed in this respect. The members of the Israeli special forces carrying out the killings were dressed in civilian clothes and traveling on civilian vehicles, while military vehicles mostly appeared on the scene once the killing had been completed. The victims of the killings described in the annex include both persons sought by the Israeli security forces because of a suspicion that they were engaged in terrorist acts and persons who would not appear to have been under such suspicion. Nonetheless, most of the persons falling in the latter group appear to have been killed intentionally, and not as unintended casualties.

The concern raised by the summarised reports (as well as in numerous other recent reports of analogous incidents) is heightened by information according to which your Excellency’s Government, in the persons of the Prime Minister and the IDF Chief of Staff, recently (on 8 November 2005) confirmed its intention to continue carrying out such killings.

In drawing the attention of your Excellency’s Government to this information and seeking clarification thereof, I am aware of the stance taken by your Government in proceedings in domestic and international fora with regard to targeted killings. I would therefore take your Government’s statement to the Human Rights Committee of 25 July 2003 on this matter (CCPR/C/SR.2118, at para. 40) as basis for my queries.

1.                   As a preliminary matter, please state whether the attached summaries are accurate. If not so, please refer to the results of any investigation disproving their accuracy.

 

2.                   Your Excellency’s Government insisted before the Human Rights Committe that the legal basis for such operations was to be found in the laws on armed conflict. It also stated that “Israel operate[s] only against legitimate targets, using legitimate methods of warfare while abiding by the rule of proportionality in accordance with international law.” Please describe which rules of international humanitarian law, i.e. which treaties or rules of customary law, are taken as guidance to define legitimate targets and legitimate methods of warfare (inter alia concerning the identification of Israeli combatants as such), as well as to assess the proportionality of attacks. Please explain on what basis the applicability of human rights law, in particular Article 6 of the ICCPR, is ruled out.

 

3.                   Your Excellency’s Government stated that “[e]ven persons known to be terrorists were legitimate targets only if there was reliable evidence linking them directly to a hostile act. … [Israel’s] security forces were instructed by the Attorney-General, however, to attack unlawful combatants only when there was an urgent military necessity and when no less harmful alternative was available to avert the danger posed by the terrorists.“ Please describe the decision-making process and the procedural safeguards in place to ensure that the principles stated by your Government as a policy find application in each individual case. Your Excellency’s Government stated that “[i]t would, of course, be preferable to arrest such persons [known to be terrorists], but in areas like the Gaza Strip, over which Israel had no control, his Government did not have that option.” Please elaborate on why, in the cases summarized in the annex, arresting the suspected terrorists was not an option, considering that in several of the incidents your Government did in fact arrest several persons after killing others (e.g. on 8 August 2004 in Palestine Street, Jericho).

 

4.                   Your Excellency’s Government stated that “under the rule of proportionality, which formed part of the laws of armed conflict and was integral to Israel’s accepted values, [the security forces] were instructed to carry out such attacks only if they did not cause disproportionate harm to civilians.  Consequently, at all stages of intelligence-gathering, operational planning and attacks on unlawful combatants, they always did their utmost to avoid injuring innocent persons.” In at least one incident (not among those summarised in the annex), an inquiry of your Government found “shortcomings in the information available, and the evaluation of that information, concerning the presence of innocent civilians”. (I refer to the 2 August 2002 communication of the IDF spokesperson regarding the findings of the inquiry into the death of Salah Shehadeh). These findings of an inquiry by the IDF and the Israeli Security Agency (ISA) refer to an incident on 22 July 2002 in which 16 persons, including nine children, were killed in addition to the targeted terrorism suspect when an IDF plane dropped a one ton bomb on a house in a densely populated area of Gaza. Please explain whether the findings of the inquiry were followed by any disciplinary or criminal proceedings, and, if not so, the reasons therefore. Please explain whether IDF inquiries were initiated into any other targeted killing cases with the aim to assess the proportionality of the force used, and what the outcome was.

Without prejudging your Government’s replies to my queries, I would reiterate my concern that empowering Governments to identify and kill “known terrorists” places no verifiable obligation upon them to demonstrate in any way that those against whom lethal force is used are indeed terrorists, or to demonstrate that every other alternative has been exhausted. (See E/CN.4/2005/7, at par. 41). In expressing this concern, I am cognizant of the fact that in the course of the last five years hundreds of Israeli civilians have been killed in attacks carried out by terrorists using the Gaza strip and the West Bank as basis. I wish to stress that I fully acknowledge the responsibility of your Excellency’s Government to protect its citizens against such attacks. Efforts to eradicate terrorism must, however, be undertaken within a framework clearly governed by international human rights law as well as by international humanitarian law.

Annex

1)         10 June 2004, 'Ein Nina, Jenin Governorate

Mr. Ma’moun Yousef Abu-al-Hasan was a militant of the Al-Aqsa Martyrs Brigades and a fugitive wanted by the Israeli Defence Force (IDF). On 10 June 2004, at around 1:30 a.m. he entered the house of his father, Mr. Husein Yousef Abu-al-Hasan, located in 'Ein-Nina of Jenin City. At 2 a.m. members of the IDF, who apparently had laid siege to the location, knocked at the door of the home and demanded that it be opened. Ma’moun Abu-al-Hasan shouted that he was coming to open the door, but instead attempted to escape from the back door of the house and managed to climb over a wall into the garden of the neighbouring house. There, however, he was spotted by IDF soldiers, who without warning opened fire and hit him with four bullets in the back of the head, top of the back and the feet (according to the medical report issued by Jenin Governmental Hospital). Ma’moun Abu-al-Hasan was not armed. The IDF acknowledged responsibility for the killing of Ma’moun Abu-al-Hasan.

2)         14 June 2004, Balata Refugee Camp

On 14 June 2004, at 9:40 p.m., Mr. 'Awad Abu-Zeid was driving a taxi on the main street in the north part of Balata Refugee Camp in the Nablus Governorate, opposite Jacob’s Well, with Messrs. Khalil 'Araysha and Muhammad Safwat as passengers. An IDF Apache helicopter fired two rockets at the car, one of them hitting the target. Mr. 'Araysha and 'Awad died on the spot, their bodies incinerated and Mr. 'Araysha’s leg and hand amputated.  Mr. Safwat sustained minor injuries and burns. Reportedly Mr. 'Araysha had recently become a leader of the al-Aqsa Martyrs Brigades. Mr. Abu-Zeid reportedly was his right hand man and often drove him in his taxi. The IDF acknowledged responsibility for the attack.

3)         25 July 2005, Toulkarem

On 25 July 2004, at 7:00 pm, a white Volkswagen bus carrying a yellow (Israeli) registration plate entered a Southern neighbourhood  of Toulkarem, where a group of young Palestinian men, some of them wanted by the IDF, was standing opposite of the Abu Nidal Restaurant for Popular Foods. When the van was at a distance of five metres from the young men it stopped and five men got out of the car. They were wearing civilian clothing and carrying machine guns. The five men immediately opened heavy fire towards six of the Palestinian men, aiming at the heads and abdomen and killing them on the spot.  The six victims were:

1. Mr. Hani Yousef Muhammad 'Weida, a militant of the al-Aqsa Martyrs Brigades wanted by the IDF.  He was armed at the time of the incident.

2. Mr. 'Abd-al-Rahman Hasan Mustafa Shadid, a militant of the al-Aqsa Martyrs Brigades wanted by the IDF.  He was armed at the time of the incident.

3. Mr. Mahdi Rateb Na'im Tanbouz, a militant of the al-Aqsa Martyrs Brigades wanted by the IDF.  He was armed at the time of the incident.

4. Mr. Said Jamal Nasser. It is not clear whether he was a militant of the al-Aqsa Martyrs Brigades as well, but he was not a fugitive (he used to sleep at home) and did not carry weapons.

5. Mr. Muhammad 'Adnan Shantir, a bystander who was not a member of any militant group and not wanted by the IDF.

6. Mr. Ahmad Nabil Barouq, a bystander who was not a member of any militant group and not wanted by the IDF.

The shooting also injured some passers-by, including Messrs. Muhammad 'Adnan Fathi Samaha, Khalil Zidan, and Ibrahim al-Jayyousi.  Immediately after the shooting IDF support units arrived to the scene and stayed for at least an hour. Muhammad 'Adnan Fathi Samaha was arrested after the shooting and questioned about the identity of the targeted men. Thereafter he received medical treatment in an Israeli hospital.

The IDF acknowledged carrying out the operation, claiming that all the six men killed were militants of the al-Aqsa Martyrs Brigades. 

4)         8 August 2004, Palestine Street, Jericho

On 8 August 2004, at about 9:30 pm, a number of young men from Ramallah living in Jericho had gathered in front of the Sara Net Café located on Palestine Street behind the Jericho football stadium.  Several of the young men were wanted by the IDF, among them Mr. 'Amer 'Aydiyya, an activist of the al-Aqsa Martyres Brigades from the Al-Am'ari Refugee Camp, south of Ramallah, his brother Mr. Jaber 'Aydiyya, Mr. Hatem Abu-Halima from Ramallah, and Mr. Hamza Muhammad 'Abdallah al-Sheikh. At about 9:45 p.m., a white Volkswagen Caravelle stopped nearby.  Without any notice or warning, the car’s doors opened and a number of men in civilian dress got out of the car, aimed their automatic guns at the group of young men and without any warning fired at them (aiming at Mr. 'Amer 'Aydiyya) with live ammunition. Mr. 'Amer 'Aydiyya received several bullets in the chest and abdomen and died on the spot, while others were wounded, Mr. Hatem Abu-Halima and Mr. Jaber 'Aydiyya seriously. Immediately thereafter, Israeli soldiers came to the scene. They hand-cuffed those who had not been wounded, forced them to lie down on the ground, and subsequently led them inside the Net Café. Those wounded remained outside and received first-aid from the Israeli soldiers. After half an hour, the Israeli soldiers blindfolded the men, both those wounded and those unwounded, and took them in their cars to Benjamin Detention Camp in Bitouniya, northwest Ramallah.  Mr. Hamza Muhammad 'Abdallah al-Sheikh was released after 13 days of detention. Mr. Jaber 'Aydiyya was transferred to Hadassa Hospital in East Jerusalem and then released (he continued his medical treatment at al-Sheikh Zayed Hospital in Ramallah).

5)         13 September 2004, Jenin, on the Jenin-Nablus road

On 13 September 2004 at 5:15 p.m., Mr. Mahmoud Asa’d Abu-Khalifa (22 years), Mr. Yamen Feisal Ayyoub (18 years), and Mr. Amjad Husni Ayyoub (23 years), three activists of the al-Aqsa Martyrs Brigades wanted by the IDF, were travelling in a civilian Mazda car near the Jenin Municipality on Jenin-Nablus road when a powerful explosion completely burned and destroyed the car. The three passengers were killed, their bodies dismembered and body parts strewn all over the site of the incident. The Israeli army admitted its responsibility for the operation through the Yediot Ahranot website in Arabic (ArabNet), attributing the explosion to an air-to-ground rocket fired on the car from a helicopter. The families of the victims and other residents of Jenin doubt the veracity of this account. They point out that there was no helicopter in the sky above Jenin at the relevant time that day. These persons rather believe that a bomb had been planted on the car and was set off by a reconnaissance plane of the Israeli armed forces that was soaring in the sky above Jenin that day. 

6)         15 September 2004, Jenin industrial area

On 15 September 2004, at around 12:30 pm, an IDF Special Squad entered the industrial area of Jenin in two cars which bore no signs identifying them as being in use of Israeli security forces. The two cars parked in front of a car repair shop owned by Messrs. Fawwaz Zakarna and Abu Al-Abed Saba’na. Mr. Fawwaz Zakarna, Mr. Fadi Fakhri Zakarna, an activist of the Islamic Jihad Movement wanted by the Israeli army, and other young men were standing in front of the car repair shop. Fadi Zakarna was carrying a weapon. Without prior notice or warning, approximately eight persons in civilian clothes, two of them wearing masks covering their faces, got out the two cars and opened fire on the young men standing in front of the car repair shop with guns known “M-16 short”. Firing continued for five to seven minutes, mostly directed at the group of young men, but also in other directions. Fadi Fakhri Zakarna received 20 bullets in his head, chest and different parts of his body. Fawwaz Fakhri Zakarna, neither an activist nor wanted, was killed with seven bullets in the chest and right foot. Mr. Mu'ath Muhammad Qatit, known for trading in stolen cars, neither an activist nor wanted, was killed inside Mr. Fawwaz’s shop by four bullets in the chest. Mr. Shuja’ Nathmi, an activist in Al-Aqsa Martyrs Brigades wanted by the Israeli army, escaped from the place of the incident with two members of the special forces running after him and firing at him. Three members of the Special Squad dragged Mr. Ibrahim 'Ata Mahmoud (a/k/a) Ibrahim “al-Sirisi”), who was neither an activist nor wanted by the IDF, into the car repair shop run by 'Arafat al-Sa'di, threw him on the ground, and opened fire on him from a distance of less than two metres.  Three or four bullets hit his head and chest. After firing stopped, the IDF arrived at the scene to protect the members of the special forces, which departed from the area.  The IDF left ten minutes later.  According to an Israeli radio broadcast in Arabic, the Special Squad was fired at during the liquidation of a terrorist in Jenin and had to respond, resulting in the killing of three Palestinian young men. 

7)         28 October 2004, Kufr-Saba neighborhood, Qalqiliya

Mr. Ibrahim Muhammad Fayed (a/k/a "Sheikh Ibrahim"), aged 48, was wanted by the Israeli security forces, who broke into his family’s home several times in an attempt to find him. Israeli security forces had also on several occasions distributed statements to the citizenry warning against offering shelter to and otherwise assisting Sheikh Ibrahim. On 28 October 2004, at around 7.20 p.m., Sheikh Ibrahim was having coffee with a friend nearby his home in the Kufr-Saba quarter in Qalqiliya, when he was shot at from a white Ford car standing at about 70 metres distance. Apparently, the weapon used was a silenced pistol with a laser aiming device. The gun shots were fired without any warning and the bystanders realised that Sheikh Ibrahim had been shot by seeing him fall over backwards. Sheikh Ibrahim’s friend, who was armed, returned the fire when he realised what was happening, and the white car left. Sheikh Ibrahim was immediately taken to the Emergency Hospital in Qalqiliya city, where he died of the wounds in the chest and the head at around 8 p.m. the same evening.

8)         1 November 2004, al-Yasmina Quarter in the Old City of Nablus, Nablus Governorate

On 1 November 2004, around 9 p.m., Mr. Majdi Mir'i and Mr. Fadi Sarwan were talking in front of Mr. Sarwan’s home in the al-Yasmina Quarter in the Old City of Nablus. Mr. Majdi Mir'i had been wanted by the Israeli security forces for two years and had escaped an assassination attempt on 15 September 2004. Mr. Fadi Sarwan had received a call on his cellular from an Israeli officer calling himself “Ghazal” a week before the present incident, telling him that he would soon be assassinated. At ten to fifteen metres from them another group of several young men was standing, among them Mr. Amjad Ghafri and Mr. Karim Ghazi 'Abd-al-Rahman Abu-'Isa. Three persons arrived on the scene, two of them in male civilian dress, the third dressed like a woman. Once they were close to the two groups of men, these three persons took off some of the clothes they were wearing, revealing that they were in fact three men armed with guns. Without any previous questions or warning, they opened fire on Mr. Mir'i and Mr. Sarwan, as well as on the other group of men.

Mr. Sarwan first fell to the ground. The men continued to shoot at him also when he was lying on the ground. Mr. Mir’i tried to escape, but interrupted his flight and lifted his hands after a few metres when IDF soldiers cut his way. He was approached my one of the men in civilian clothes who shot at him from a close range, and continued to fire at him also after he had fallen to the ground. Mr. Sarwan and Mr. Mir’i died on the spot of the wounds suffered. Karim Abu-'Isa was injured, while Amjad Ghafri was arrested.

9)         7 November 2004, Jenin-Nablus Road outside Jenin

On 7 November 2004 around 5:45 p.m., the following four men wanted by the Israeli security forces were killed:

1. Mr. Amin Jamal Muhammad Husein, an activist with the al-Aqsa Martyrs Brigades. 

2. Mr. Fadi Khader Tawfiq Ighbariyya, an activist with Saraya al-Quds of the Islamic Jihad. 

3. Mr. Muhammad Khaled Ahmad Masharqa, an activist with the al-Aqsa Martyrs Brigades.

4. Mr. Mahmoud Fahmi Salah-al-Din, an activist with al-Aqsa Martyrs Brigades. 

The four Palestinian men where driving in a black jeep. They had filled the car at the  'Abd-al-'Afou Gas Station located on the Jenin-Nablus Road to the south towards Jenin City. As the jeep was about to take the road again, a grey Volkswagen, which had appeared at high speed, came to stop immediately in front of it, at a distance not exceeding a metre and a half.  Without prior notice or warning, the persons in that bus opened heavy fire towards the jeep from a distance not exceeding one metre from the front side. Then five men in blue jeans, shouting in Hebrew, got out of the Volkswagen bus and continued to fire at the jeep The fire continued for around one minute and was directed at the upper part of the Palestinian men’s bodies. All four men sustained wounds in their heads and died on the spot. Subsequent examination of the jeep revealed that hundreds of bullets had been fired at the jeep.

The special forces soldiers gathered the weapons of the four Palestinian men in the jeep, which they had not been able to use due to the unexpected and sudden nature of the attack. Ten minutes after the attack, IDF support units arrived in eight to ten military jeeps and provided protection for the departure of the special forces in the Volkswagen bus.  After the departure of the Israeli forces, the four Palestinian men were carried in Red Crescent Society ambulances to the Jenin Governmental Hospital, where their death was confirmed. 

10)       26 January 2005, Qalqiliya

On 26 January 2005, around 3 p.m., Messrs. Maher Harb and Muhammad Khamis, two men wanted by the Israeli security forces because of their affiliation with the al-Aqsa Martyrs Brigades, and Mr. Yihiya Nazzal were slowly driving in a private car through the central part of the Kufr Saba Quarter in Qalqiliya. Their car was surrounded by three members of Israeli security forces in civilian clothes. These three men started firing into the car with M-16 guns while shouting, in both Hebrew and Arabic, “Stop the car and bring the weapons”. One member of the security forces shot Mr. Harb in the neck from a distance of approximately two meters, possibly killing him immediately. Although the car slowed down as a result of the driver losing control, the three special forces soldiers continued to shoot at the passengers of the car. Eventually, the car crashed into a tree. The soldier on the right side of the car opened one of the car doors and fired two bullets at the driver and the person sitting next to him (Mr. Khamis). The third soldier shot Mr. Nazzal in the leg from a distance of about a metre and a half. Then the soldiers pulled out the driver, the man in the passenger seat, and the third man who was sitting in the back of the car, and dragged them for a distance of 12 metres inside a shop. The soldiers were then attacked by persons throwing stones at them, but kept the attackers at bay by firing their weapons (apparently without any casualties). After few minutes, several Israeli patrol cars arrived at the scene. Mr. Harb, Mr. Khamis and Mr. Nazzal were put into patrol cars and driven to an Israeli Liaison Office on the eastern side of Qalqiliya.  There, a doctor examined them and established that Mr. Harb was dead. Mr. Muhammad Khamis had sustained serious injuries, and Mr. Yihiya Nazzal medium injuries. Mr. Khamis and Mr. Nazzal were taken by ambulance to the Belinson Hospital in Israel. Mr. Nazzal was transferred to the Emergency Hospital in Qalqiliya after five days.

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Correspondence from 2005

The record of correspondence for 2005 is excerpted from the official United Nations report, E/CN.4/2005/7/Add.1.

Country: Israel

Type, date and summary of communication: Allegation, 23 March 2004: Faris Jimzawi, a sixteen-year-old boy from Qalandiya refugee camp near the West Bank city of Ramallah was allegedly shot dead on 9 December 2003 by Israeli soldiers while he and other young boys were reportedly trying to remove part of the fence that is being built around them by Israeli authorities. According to the information received, Faris was killed by a live bullet that hit him in the eye. He reportedly died before he reached the hospital.

Government reply: No response.

Country: Israel

Type, date and summary of communication: Allegation, 23 March 2004: Hamas spiritual leader Sheikh Ahmed Yassin was killed in an Israeli helicopter strike in Gaza city along with seven other Palestinians. It was reported that the 67-year-old wheelchair bound cleric was hit by three missiles as he was leaving the mosque in the Sabra quarter of the city.

Government reply: Response dated 29 April 2004: The Government of Israel expressed disappointment over the wording chosen by the Special Rapporteur in her statements that followed her letters of allegation, which strongly suggests pre-drawn conclusions made before sending Israel the abovementioned letters requesting clarification and without having received Israel’s response to the allegations put forward in her letters. Israel reiterated the context of its actions with regard to well-know terrorists heading organisations. Israel’s actions are in self-defence against terrorism and suicide-bombings, defending the right to life of every Israeli citizen. According to the Government of Israel, the Hamas is not a benevolent organization dedicated to social causes but an organization whose main goal is the obliteration of Israel. Against such organizations and their suicide-bombings, Israel take these actions of self-defence. The Government of Israel remains committed to the Roadmap as the only route to achieving the two state solution, Israel and Palestine living side by side in peace and security. At the same time Israel is determined to defend its own citizens, to fight terrorism, and the organizations and leaders who condone, conduct and implement these abhorrent policies, which, according to the Government “should be labelled as crimes against humanity and war crimes of the gravest form.

Observation of the Special Rapporteur: The Special Rapporteur thanks the Government of Israel for its reply and has addressed the issue of the relationship between human rights and humanitarian law in his principal report to the Commission.

Country: Israel

Type, date and summary of communication: Allegation, 20 April 2004, The head of the Hamas militant Islamic movement in Gaza, Abdel Aziz al-Rantissi, was killed in a targeted missile strike on his car on 17 April 2004. It is reported that two persons, believed to be one of Mr. Rantissi’s sons and a bodyguard, were killed instantly while Mr. Rantissi passed away at the hospital.

Government reply: See response of Israel dated 29 April 2004.

Country: Israel

Type, date and summary of communication: Allegation, sent with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative of the Secretary General on the situation of human rights defenders, 21 May 2004: On 19 May 2004, a civil demonstration was organized by the residents of Rafah town and refugee camp. It is reported that thousands of demonstrators marched to protest against a reported operation by Israeli forces which had been ongoing since 17 May to demolish houses in the Tel Sultan area of Rafah and had allegedly resulted in the death of at least 30 civilians. As the demonstrators were heading towards the Tel Sultan area, the Israeli forces allegedly opened fired at them with heavy artillery including machine guns and tanks. At the same time, an Israeli Force helicopter gunship reportedly fired a missile in the crowd resulting in the death of 10 individuals (which included children) and the wounding of another 50. Six of those killed have been identified as Walid Naji Abu Qamar, 10, Mubarak Salim Al Hashash, 11, Mahmoud Tareq Mansour, 13, Mohammed Talal Abu Sha’ar, 20, Alla Musalam Sheikh-Eid, 20 and Fuad Khamis Al-Saqqa, 31.

Government reply: No response.

Country: Israel

Type, date and summary of communication: Allegation, 21 July 2004: Mr. Samer Jaser Arrar, a 27-year-old "wanted" member of Hamas, was killed in Qarawa-Bani-Zeid, near Ramallah on 12 February 2004 when approximately 10 members of the Israeli Special Forces as well as an additional 10 soldiers came to his house and found him unarmed. The Special Forces shouted at him to "stop" in Hebrew and immediately started shooting. As Mr. Arrar tried to escape he was shot twice by the Israeli Special Forces in the upper part of the back and three times in the hips. Members of the Israeli Army reportedly prevented the crew of a Palestinian ambulance, which had arrived at the scene, from giving Mr. Arrar first aid. Soon after, an Israeli ambulance arrived and took him away. He died on his way to the Halmish settlement.

Eight Palestinians, four of them children,were reportedly killed and dozens of others injured by the Israeli army during a demonstration in the southern Gaza Strip town of Rafah on 19 May 2004. Reports indicate that Israeli army helicopters which were hovering over the area where the demonstration was taking place dropped what appeared to be flares. Several rounds of heavy shelling were heard shortly afterwards. Reports indicate that the loss of life and injuries were caused by shelling from Israeli army helicopters and tanks stationed nearby. According to Israeli army officials, tanks shelled an empty building in order to deter the demonstrators from proceeding towards Israeli army positions. They also reportedly stated that Israeli helicopters fired a missile at a nearby open space. The Israeli shelling hit a built-up area on Sea Street, the main east-west road in Rafah, where the Palestinian demonstrators were walking. Israeli officials alleged that the demonstrators were led by gunmen but reports cannot confirm or deny the presence of armed Palestinians among the demonstrators. Footage from television crews who filmed the demonstration prior to, during and after the shelling, does not reportedly show armed individuals in the demonstration.

Asma al-Mughayr, aged 16, and her 13-year-old brother, Ahmad, were shot dead on the roof-terrace of their home in the southern Gaza Strip town of Rafah on the morning of 18 May 2004. They were both killed by a single bullet in the head, Asma while taking clothes off the drying line and her brother Ahmad while feeding pigeons. Reports indicate that the bullets were fired from the top floor of a nearby house which had been taken over by Israeli soldiers shortly before the two children where shot. Israeli army officials have alleged that the children may have been killed by an explosive device set by Palestinians. However, there are no reported signs of any explosion at the scene of the incident.

Government reply: No response.

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Correspondence from 2004

The record of correspondence for 2004 is excerpted from the official United Nations report, E/CN.4/2004/7/Add.1.

Communications sent

On 6 May 2003, the Special Rapporteur sent a communication to the Government of Israel regarding the following individual situations.

According to the information received, the Israeli Defence Forces (IDF) launched an operation in Jenin city as well as in the Jenin refugee camp which lasted from 3 to 18 April 2002. During these incursions, the following persons were reportedly killed.

Mundher al-Hajj, reportedly a member of a Palestinian armed group, was shot and injured on 3 April 2002. While lying on the ground and no longer armed, he was reportedly shot at in the back by a sniper. Medical staff allegedly made three attempts to rescue him, carrying white flags, but each time they were reportedly fired upon by the IDF. Hospital staff were able to reach him approximately two hours after he was first reported in need of medical help. By that time he was reportedly dead.

Hani Abu Rumaila was shot dead by IDF soldiers on 3 April 2002 as he was standing next to the gate of his house watching the soldiers. It was reported that Fadwa Fathi ‘Abdallah Jamal, a 27-year-old nurse, left her house nearby accompanied by her sister in order to help Hani Abu Rumaila. Although she was wearing her uniform marked with the Red Crescent symbol, she was allegedly shot dead by IDF soldiers while her sister was struck by a bullet in her upper thigh.

Imad Musharaka was allegedly shot dead by IDF soldiers on 3 April 2002 as he was trying to bring assistance to Amr Zubeidi (a leading member of the Palestinian group the Al-Aqsa Martyr’s Brigades), who had just been shot dead as he was emerging from a house. It was reported that Imad Musharaka was a civilian and that Amr Zubeidi was unarmed when the shooting took place. On the same day, Muhammad Hawashin was shot on his way to the hospital as he was allegedly accompanying Amr Zubeidi’s mother to see her son’s body.

Ahmad Hamduni was reportedly shot by IDF soldiers on 3 April 2002 in his neighbour’s house where he had allegedly taken refuge.

Afaf al-Desuqi was reportedly killed on 5 April 2002 when an explosive was used on the door of her home as she went to open it. She had been called to open the door by her neighbour, who was reportedly used as a “human shield” by the IDF to lead the way to the house.

‘Abd al-Nasr Gharaib was reportedly shot in his home on 5 April 2002. IDF soldiers allegedly asked Mr. Gharaib to come out of the house, but he was allegedly shot before he could do so. He reportedly received three bullets in the chest and one in the head.

Jamal al-Sabbagh was allegedly shot by the IDF after he was taken into their custody on 6 April 2002. According to the information received, at the time Jamal al-Sabbagh was shot, he was unarmed and posed no threat to the soldiers who detained him.

‘Abd al Karim Sa’asi and Wadah Shalabi were reportedly shot dead by the IDF in an alleyway close to Mr. Sa’asi’s home on 6 April 2002. The two men were reportedly neighbours and lived near the entrance to the Jenin refugee camp. At the time of the shooting, it was reported that they were unarmed.

‘Ali Muqasqas was reportedly shot when he went out to get some water for his family on 6 April 2002. A neighbour, Abu Khaled, was reportedly shot in the chest by a sniper posted in a helicopter while trying to help him. Both men reportedly died shortly afterwards.

Munir Wishahi was allegedly shot by Israeli forces while escaping from his home after they reportedly threw a bomb in his house on 6 April 2002. It was reported that no Palestinian gunmen was inside the house when the IDF troops began shelling it. Mariam Wishahi, Munir’s mother, was reportedly wounded when a tamk shell hit the kitchen, spraying her with shrapnel and causing a serious head wound. For the next day and a half, her husband, Issa Wishahi, desperately attempted to obtain medical assistance, but it was alleged that the Israeli soldiers repeatedly prevented ambulances from reaching their home; despite the fact the Wishahi home is located only a few hundred metres from Jenin’s main hospital. Mariam Wishahi reportedly died of her wounds on 7 April 2002.

Yusra Abu Khuri, a 60-year-old mentally impaired woman, was allegedly shot in her apartment, located near the entrance to the refugee camp, on 6 April 2002. She reportedly had the habit of standing by the window, singing or sometimes shouting. She was allegedly fired upon in that position from a helicopter on that morning.

On 5 April 2002 a group of some 50 IDF soldiers allegedly entered the home of the Mutahin family and decided to remain in it for the night. According to the information received, the Mutahin family was locked in one room and was not allowed to move. The next morning, the IDF soldiers announced that civilians had to leave the houses in the neighbourhood as they were planning to demolish some dwellings. The soldiers allegedly separated the men from the women and asked the men to take off their upper clothes and put their hands on their heads. Nizar Mutahin allegedly attempted to run away and was instantly shot down by the soldiers. Since the IDF had previously checked all the men in the house, it was unlikely that Nizar was armed at the time of the shooting. According to the information received, he was not involved in any Palestinian militant movement.

On 9 April 2002, Israeli bulldozers reportedly started demolishing the Saba’a’s home while the family remained inside. The patriarch of the family, Muhammad Abu Saba’a, reportedly went outside to ask the bulldozer operator to stop the demolition since his family was still in the house. The man allegedly agreed and started to leave the area. Muhammad Abu Saba’a was reportedly shot dead by an Israeli soldier as he returned to his home.

Jamal Fayed, disabled from birth, was killed in his home in the Jurrat al-Dahab area of the Jenin camp, when the IDF began bulldozing his house, which collapsed on him on 10 April 2002. Jamal’s mother and sister reportedly informed the IDF soldiers that Jamal was still inside. With the help of some neighbours, his mother reportedly tried to carry him but she had to abandon the house and her son when the IDF started bulldozing her house, although she allegedly yelled at the driver to stop.

Nayef ‘Abd al-Jaber and ‘Amid Fayed were reportedly killed on 10 April 2002 by helicopter machine gun fire in the al-Marah area of Jenin city, just outside the Jenin refugee camp. According to the information received, none of the young men was a member of any armed group and there reportedly was no shooting from armed Palestinians at the time.

Kamal Zghair, a 57-year-old impoverished, wheelchair-bound invalid, was shot by Israeli soldiers and ran over by a tank as he was coming back from a visit to a friend of his on 10 April 2002. While crossing the road, a white flag was reportedly attached to his wheelchair.

Faris Zaiban was shot dead by IDF soldiers on 11 April 2002, in the al-Maslah neighborhood of Jenin city, outside the Jenin refugee camp. According to the information received, civilians in the city of Jenin were informed that the curfew would be lifted for a few hours, allowing them to replenish vital food and other supplies. Faris Zaiban, who went out to buy some groceries, was allegedly shot dead near the Ibrahimi School.

In June 2002, the IDF launched another military operation in Jenin, allegedly killing the following persons.

According to the information received, on 21 June 2002 the IDF shot from a tank and killed two children, Ahmad (6) and Jamil Yusuf Ghazawi (12) who had gone out in order to buy some candy, as the IDF had just announced that the curfew had been lifted. Their brother Tareq was reportedly seriously wounded during the shooting, as was Dr. Samer al-Ahmad who was passing by in his car.

On the same day, Sujud Fahmawi was reportedly killed after she left her house believing that the curfew had been lifted.

According to the information received, on the evening of 21 June 2002, the IDF blew up an unoccupied house in the old city area of Jenin. The explosion also demolished an adjacent house, which contained eight members of the al-Sa’adi family, all of whom were trapped in the rubble. Two persons were allegedly seriously injured while a 12-year-old child, Fares, died. No warning was reportedly given to the family before the explosion, despite protests from a neighbour who was used during this military operation to check the adjacent house.

‘Atiya Hassan Abu Irmalia was allegedly killed on 5 April 2002 in Jenin by a single IDF gunshot wound to the head while he was reportedly in his home with his wife and three children and was not involved in fighting.

Rachel Corrie, a 23-year-old member of the International Solidarity Movement, was reportedly killed on 16 March 2003 while she participated in a demonstration with other activists against the demolition of a Palestinian building in the Rafah refugee camp. According to the information received, although she was wearing an orange fluorescent jacket clearly labelled “ISM” in order to alert the bulldozer drivers of her presence, she was allegedly hit by an armoured Israeli army bulldozer and reportedly died in hospital from her injuries.

According to information received, on 19 April 2003, Israeli soldiers opened fire on Nazeeh Adel Dawazah, a cameraman from Nablus city working for Palestine TV and Associated Press. He was allegedly killed instantly by a bullet to the head. The incident reportedly took place during an Israeli military incursion into the middle of Nablus city while Mr. Dawazah was filming a Palestinian child who was lying wounded on the ground near an Israeli tank. One of the soldiers inside the tank reportedly pointed his gun at Mr. Dawazah from a distance of just a few metres. The cameraman, who was wearing a jacket labelled "Press", reportedly clearly identified himself to the soldier as a member of the press. However, the soldier allegedly fired one shot at him and he died instantly.

On 29 July 2003, the Special Rapporteur sent a communication to the Government of Israel regarding information received stating that, on 10 June 2003, two Israeli Apache helicopters allegedly fired six missiles directly into the civilian car of Dr. Abdul Aziz al-Rantisi, a senior Hamas political leader, on Izzaddin Al Qassam Street in Gaza City, reportedly completely destroying the car. A 50-year-old woman, Khadra Abu Hamada, who was passing in the street, was killed. One of Dr. Rantisi’s bodyguards, Mustafa Salih, was also killed, while 7-year-old Amal al-Jarushe sustained very critical wounds. In the car were Dr. Rantisi, aged 52, and his son, who were both reportedly injured. The attack reportedly took place during the rush hour in a densely populated area of the city. Medical personnel in Gaza allegedly confirmed that two people had died and 31 injuried, 7 of whom were in critical condition at the hospital after the explosion.

On 18 September 2003, the Special Rapporteur and the Special Rapporteur on torture jointly sent a communication in connection with information received on the following individual cases.

Muhammad Ahmad 'Amer and his brother, Husni Ahmad 'Amer were reportedly taken into custody by the IDF on 7 April 2002 in the Jurrat al-Dahab area. Husni Ahmad 'Amer was reportedly subjected to severe beatings at the time of the arrest. Despite complaining of pain and asking for water, he was reportedly denied both medical assistance and water and was beaten again. The two brothers were subsequently taken to Bir Sa'adeh camp, where they were reportedly handcuffed with plastic ties, blindfolded and separated. Six hours later, they were allegedly taken in an armoured personnel carrier to Salem detention centre, where they were allegedly interrogated. In Salem, the condition of Husni Ahmad ‘Amer reportedly became very serious and he was eventually taken away in an ambulance. Muhammad Ahmad ‘Amer was reportedly released on the following morning but was not given any information about the whereabouts of his brother. It was reported that his family, as well as local human rights organizations, made repeated inquiries regarding Husni Ahmad 'Amer. They were allegedly told by the IDF that there was no record either of his detention or of his hospitalization. However, according to the information received, on 1 June 2002, the the family was informed that his body was being held at the Abu Kabir Centre for Forensic Medicine. On 6 June 2002, the Israeli High Court, acting on a petition from the family, reportedly prevented any further examinations on the body. On 13 June 2002, Muhammad Ahmad 'Amer was allegedly called to Abu Kabir to identify the body. The family reportedly requested an independent forensic examination to determine the cause of death.

Walid Mohammad Issa Amr, a 34-year-old man from Doura, near Hebron, imprisoned since 12 December 2001, reportedly died in the Nafha prison in the Negev desert on 19 February 2003. It was reported that on 18 February 2003 he called his brother and told him of his worsening medical condition and that the prison administration was neglecting his requests for medical assistance.

On 20 October 2003, the Special Rapporteur sent a communication to the Government of Israel in connection with the following individual cases.

Ayman Abu Zant, Mohammad Takruri and Firas Mabruka were reportedly killed by Israeli troops on 16 February 2003 in Nablus during an operation to arrest Taysir Khaled, a member of the Democratic Front for the Liberation of Palestine (DFLP), as well as three of his associates. According to reports, Israeli troops accompanied by armoured personnel carriers attacked a Nablus building where the DFLP offices are located. The troops reportedly used megaphones to order Khaled and his associates to surrender, but allegedly opened fire on the crowd, killing the three men.

Mohammad Murr, a 28-year-old man resident of a village south of Hebron city, was reportedly a Hamas activist wanted by Israel. On 18 February 2003, Israeli Special Forces reportedly disguised as Arabs as well as regular Israeli troops allegedly entered the village and surrounded his home. He reportedly attempted to flee his home and the Special Forces opened fire on him several times. A soldier reportedly approached him and shot him dead. According to information received, he was not armed at the time of his death.

Nasser Abu Sufiyyeh, a 32-year-old man, was reportedly killed on 19 February 2003. According to reports, at around 6 a.m. he was heading to his workplace in the Jasmine quarter in Nablu’s old city with his father, who is over 70 years old. An Israeli jeep reportedly stopped them and, after checking their ID cards, detained and began beating his father. He was allegedly ordered at gunpoint by the soldier to leave the area without his father, which he did but, when he was at a distance of 40 m from the soldiers, one of them allegedly opened fire on him without any justification. He was reportedly shot three times in the back and died of severe internal bleeding.

Mohammad al-Saber, a 15-year-old boy was allegedly shot in the shoulder and killed while he was standing on the roof of an apartment building in the Ras al-Ein area. According to reports, at around 12:30 p.m. on 19 February 2003, an Israeli sniper shot him, allegedly from a higher position, killing him instantly.

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Correspondence from 2003

The record of correspondence for 2003 is excerpted from the official United Nations report, E/CN.4/2003/Add.1.

Communication sent

On 18 September 2002, the Special Rapporteur sent an allegation to the Government of Israel relating to the following cases.

According to the information received, Mahmud Sa’id Salah was reportedly arrested by police officers on 8 March 2002 in Beit Hanina, Jerusalem. He was reportedly handcuffed and pushed to the ground, face down. While he lay on the ground, a police officer stepped on his neck and head, and then stripped him down to his shorts. The police officer then reportedly shot him seven or eight times in the head.

According to the information received, on 8 February 2002 Israeli policemen chased and shot Samer Ziad Sliman Abu Mayala whom they suspected of having stabbed an Israeli woman in Jabal Al-Muqaber in Jerusalem.

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Correspondence from 1983-2002

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has been corresponding with Governments regarding alleged violations since the mandate was established over two decades ago. While the Project on Extrajudicial Executions is making efforts to provide easily browsed versions of as many years as possible, much of the earlier correspondence is available only in the PDF versions of reports from 1983 to the present.








Governments Other