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Doc. 8235
9 October 1998
State of human rights in areas under the jurisdiction of the Palestinian Authority
Motion for an order
presented by Mr Simonsen and others
This motion has not been discussed in the Assembly and commits only the members who have signed it |
On 23 April 1998 the Assembly adopted Resolution 1156 on the Palestine refugee situation in the context of the Middle East peace process which, inter alia, states that the resettlement of refugees to permanent accommodation will not be possible without the establishment of a viable Palestinian state. It should be evident that both far-reaching autonomy and the possible establishment of a new state call for democratic institutions as well as a basic law that confirms core human rights principles and, in practice, live up to the principles of international conventions on human rights.
The report from the Palestinian Independent Commission for Citizens' Rights as well as the 1997 report from Amnesty International indicate that so far it has not been possible to establish a supreme court which is completely independent from the government. The Basic Law, which passed its first reading in the Legislative Council in 1996, has not been approved by the President.
According to the Amnesty International report at least 400 suspected opponents of the Palestinian Authority were arrested in 1997. This number includes prisoners of conscience. Trials of detainees charged with political offences frequently failed to meet international fair trial standards and at least 18 people received grossly unfair trials before the State Security Court. About 65 teachers in the West Bank who led a strike about pay and conditions were arrested in April 1997 and detained for up to two days. In September 1997 more than 40 people were arrested in Gaza, including members of the Salvation Party, a political party opposed to the peace process which does not advocate violence. Prisoners of conscience arrested during 1997 for peaceful opposition activities included the Head of the Modern Communications Centre at al-Quads University. He was arrested in May and held in Ramallah police station for one week, reportedly for televising Legislative Council debates concerning human rights and the monitoring committee's report on corruption.
Various types and methods of torture continue to be used in many of the facilities belonging to the Palestinian Security Forces. Complaints received by the Palestinian Independent Commission for Citizens' Rights alleged the use of the following types of torture: blows to all areas of the body, being forced to stand for long periods of time, sleep deprivation, alternate immersion in cold then hot water while naked, and the use of the "phantom" technique of tying a person, hooded, to a small chair, for a long period of time. Seven detainees died in custody in 1997, including two who died in circumstances where torture was believed to be the cause of death.
Unlawful killings, including possible extrajudicial executions, continue to occur. Three land-dealers were found dead during May 1997 after the Minister of Justice, Freih Abu Middein, announced that the Palestinian Authority would begin applying a Jordanian law which provided for the death penalty for those convicted of selling land to Jews.
The Assembly requests its Political Affairs Committee to investigate the human rights situation in the areas under the jurisdiction of the Palestinian Authority, and present a resolution on this issue including recommendations for solving the problem.
Signed : 1
Simonsen, Norway, NR
Fleetwood, Sweden, EDG
Frunda, Romania, EPP/CD
Hagard, Sweden, EDG
Laternser, Liechtenstein, EPP/CD
Ringstad, Norway, LDR
Saele, Norway, EPP/CD
Schwimmer, Austria, EPP/CD
Staciokas, Lithuania, EDG
Sungur, Turkey, EDG
1 SOC: Socialist Group
EPP/CD: Group of the European People’s Party
EDG: European Democratic Group
LDR : Liberal, Democratic and Reformers’ Group
UEL: Group of the Unified European Left
NR: not registered in a group