UNITED NATTOT{S
Generat Assembty Distr. (@ GENERAI,
A/44/599 12 October 1989
ORIGINAL3 ENGLISH
Forty-fourCh session Agenda iten 77
REPORT OF TIIE SPECIAL COMMITTBE TO INVESIIGATE ISRAELI PRACTICES AFFECTING THE HIJMAN RIGITTS OF TIIE POPULATION OF TEE OCCUPIED TERRITORISS Note by the Secretarv-Geueral
The Secretary-General has the honour to transmit to the members of the GeneraL Assenbl'y the twenty-first report of the special cornnittee to rnve6tigate rsraeti Practices Af,fecting the Hunan Rights of the popuratioa of the occupiea rerritories, which was subtnitted to him in accordance with paragraphs 19 and 20 of Assembly resolution 43,/58 A of 6 Decenber 1989. This report should be considered together r{ith tbe Special Committee's periodic tepotE (A/44/352), which was tralsmitted to the nenbers of the Assenbly on 1.3 JuIy L989.
89-242t9 1.2 68-6 9 j (E) A/ 44/ 599 Inglish
CONTENTS
Paragraphs Paqe
LETTER OF TRANSMITTAL ...... 4
I. INTRODUCTION 1-4 7
II. ORGANIZATION OF WORK 5 - 21 7
III. MANDATE 22-26 10
IV. INFORMATION AND EVIDENCE RECEIVED BY THE SPECIAL COIIMITTEE 27 - 324 12
A. General s ituation
1. General developrnents and policy statenents 33 - 51 13 2. Incident.s linked with the upri.sing of the Palestinian popufation against the occupation .... . 52 - '17 11 Administration of justice, including the right to 78 120 53
1. Palestiaian popufation 78 111 53
2. Israefis 112 120 61
Treatment of civi li ans I2L 275 64
L Geleral developtnents L2I 2 00 64
(a) Harassment anal physicaL il.l-treatnenE t2L r44 64
(b) Col.lective punj.shment 145 L79 70
(c) Expul s i ons 180 191
(d) Econornic and social- situation )-9 2 200 BI
2. Measures affecting certain fundamental freedoms ... 20r 251 85
(a) Preedom of movement 201 211 85
(b) Freedom of refigion 212 220 a7
(c) Freedom of expression 221 88
(d) Freedom of association .... , 234 235 90
(e) Freedom of education 251 91 A/ 44 / 599 Engl i sh Page 3
CONTENTS ( continued )
Paragraphs Paqe
3. Infornation on settlers, activities affecting the civilian population 252 - 275 95
D. Treatment of detainees 276 - 305 99
E. Annexation and settlemenEs ,.,. 306 - 318 105
F. Infornation concerning the occupied Syrian Arab Golan , 3L9 - 324 108 V. CONCLUSIONS 325 - 341 110
vI. ADOPTION OF THE REPORT 116
Annex . MAP SHOWTNG ISRAELI SETTLEMENTS ESTABLIS}IED. PLANNED OR UNDER CONSTRUCTION IN THE TERRITORIES OCCUPIED SINCE 1967 .. 118 A/ 44/ 599 English
LETTER OF ARANSMITTAL
25 Auqust 1989 Sir.
The Special conrnittee to Investigate Israeli Practices Affecting the Human Rights of the Populabion of the Occupied Terlit.ories has the honour !o transnit to you herewith its twenty-first report, prepared in accordance with General Assembly resolutions concerning the Speciat Cornmittee and, in particular, resolution 2443 (xxIII) of 19 Decenber 1968, by which the Special Committee was established, and resolution 43/58 A of 6 December 1988, the latest resolution by which the Generaf Assembly renelred its mandate. This reporL covers the period from 26 August 1988, the date of the adoption of the teentieth report of the Special Corunittee, to 25 August 1989. The rePort is based on oral information received by the Special Conunittee through testimonies of persons having first-hand experience of the hwnan rights situation in the occupied territories. as welL as written information gathered frorn various sources. Written information concerning the period from 26 August 1988 to 31 March 1989 is reflected i4 the periodic report r.rhich the Special CorEnittee presented to you oD 7 June 198q (A/44/352) in accordance with paragraphs 19 and 20 of General Assenbly resolucion 43/58 A.
From among these oral and writt.en sources of information, che Special conmittee has included in its reports relevant excerpts and sununaries' For the purpose of collecting oral testinonies the Special Comnittee again organized hearings ttrat were held in Damascus. Amman and Cairo, The Special Connittee continued to tnonitor staternents by menbers of the Government of Israel refl.ecting the policy of that Government in the occupied territorie6 and rePorts on measures taken to impLement that policy, The Special Corunittee further not.ed the letters addressed to you and to lhe President of the Security Council during the Period of this report reLating to the nandate of the Special Cornmittee, circulated as documents of the General Assembly and the Security Council, and received inforrnation frorn organizations and individuals otr various aspecLs of the situation in the occupied territories. In carrying out its mandate, the Special Conmittee benefited fron the co*operation of the Governments of Egypt, Jordan and the Syrian Arab Republic and from the co-operation of Palest.inian representatives, The Government of IsraeI has conLinued to ignore requests for co-operation addressed to it.
His Excellency Mr. Javier P6rez de Cu6tlar Se c re tary-Ceneral of the United Nations New York a/ 44/ 599 English Page 5
In preparing its report the Special Corunittee has attenpted to puE before you a composite piceure of the reality in the occupied territories as it affect,s the human rights of the civilian popuLation. By this Letter the SpeciaL Cornrnittee wi.shes to draw your attentj.on to a nunber of aspects thaE deserve particular nention. The infornation contained in the present report reflects the further deterioration, as a result of 20 months of continuous violence and unrest in the occupied ter!itories, of an already grave hunan rights situation.
The uprising of the Palestinian population against occupat.ion, motivated by an accumulation of harassnent, hufiiliation and frustraEion, stens fron the annexation policy inpLementetl by the Goverrunent of Israel since 1967, lrhich has broughC along an unprecedented leveL of viol.ence and unrest in the telritories. The period under considelation has been marked by a further increase in the frequency aud intensity of daily incidents, provoking the death of hundreds of civilians of alf ages caused by gun-fire, beating, electrocuLion, burning, gas inhalation or other causes. Sevelal thousand palestinians, including very young children, women and o1d people, trave been injured in clashes that have occurred practically every day and in several locatities, nostly in the context of widespread demonstrations, stone-throwing and the throwing of petrol botnbs, transport and commercial strikes. and raids by security forces in order to carry out scores of arrests, collect taxes, renove Palestinian flags and impose curfews or seal off eutire areas, sonetimes for prolonged periods. fsraeli settlers have taken an increasingly active part in this scheme of repression by creating vigilante interveneion forces and waging raids of "retaliation and iDtinidation" against Palest.inian villages. Other serious infringements of fundanental rights and freedona have included a noticeable increase in the deportations of Pa.lestinians from Che occupied territories, which have taken place repeat.eilly in violation of relevant provisions of the Fourth Geneva Convention, severe lirnitations inposed on the fleedom of expression, of association and of worship and the prolonged closure of educational instit.utions. The miLitary justice system in force in the occupied territories bas further deteriorated. It neither provides detained Palestinians with adequate legal guarantees lror ensures the right to a fair erial, Severaf thousands of arrested Palestinians, among then minors antl women, continue to be ifiprisoned, often in profonged adninistrative detention in the occupied territories, or even inside Israel itself, they are denied humane prison conditionsi their situation is aggravated by the great increase in the nurnber of detainees, and they endure serious physical and psychological hardships often resulting in riots and hunger strikes that are severely repressed.
The Special Conmittee has endeavoured, withir the constraints anil self-restrictions imposed by the financial. situation of the United Nations, to provide in its perioalic report (A/44/352, ard the present twenty-first report a faithful picture of the situation of hwnan rights in the occupied territories. A/ 44/ 599 English Page 6
In vielt of the grave circumstances prevailing in the occupieal territ.ories. the Special Comrnittee is croncerned that the internalionaf community has thus far not been able to adopt effective neasules Eo protect the human rights of the civilian Population, It reiterates its sincere hope that the present report may contribute to further mobilizing the international communiEy in Ehe search of a sofution that wouLd all.eviate the PLight of the civilians in the occupied territories and secure the full enjo]'rnent of their rights and fleedorns.
Accept, Sir, on behalf of rny colfeagues and ou ny own behalf, the assurances of our highest consideration.
Daya R, PERERA Chairnan of the Special Conmittee to Investigate Israeli Practices Affecting ttre Human Rights of the Popufation of the OccuDied Territories A/ 44 / 599 English Page 7
I. INTRODUCTION
1. The SpeciaL Corunittee to Investigate Israeli Practices Affectiug the Human Rights of the Population of the Occupied Territories was established by the General Assenbly in resoLution 2443 (XXIlI) of 19 Decenber 1968. By that resolution, the Assenbly decided to establish the Special Comrnitt.ee, composed of three Mernber States; requested the President of the Assenbty to appoint the nembers of the Special Cornmittee i requested the Governrnent of Israel to receive the Special Committee, to co-operate with it aud to facilitate its worki requested the Special Cornnittee to report to the Sec retary-General as soon as possible and whenever lhe need arose thereafter; and lequested the Secre tary-Gener aL to provide the Special Cornmittee with all the necessary facilities for the performance of its task.
2- The Special Cofiunittee is composed as foflowsi Mr. Daya R. Perela, Permanent Representative of Sri Lanka to the United Nations, Chairrnani Mr, Alioune Sene, Ambassador of Senegal in Bern and Permanent Representative of Senegal to the United Nations Office at Genevai and Mr. Dragan Jovanic, Yugoslavia.
3. Since October 1970, the SpeciaL Conmi.ttee has submitted 20 reports. 1,/ These reports wele discussed in the Special Pofitical Conmittee, which then reporbed to the General Assernbfy. ?/ on the recommendation of the Special Pofitical Conmittee, the Assernbly adopted resolutions 27 2'l (w\I ) of 15 Decenbet L9'lO, 2851 (:OryI) of 20 December 1971, 3005 (]SVII) of 15 Decenber L972, 3092 A and B (:{XVIII) of 7 December L973, 3240 A to C (xxIX) of 29 November L974, 3525 A t.o D (XXX) of 15 December 1915, 3L/LO6 A to D of 16 Decenber 1976, 32/9L A to C of 13 December 19'17. 33/1Li A to C of 18 December L978. 34/90 A to C of 12 December L979, 35/L22 A to F of 11 Decenber L980, 36/147 A to G of 16 December L98L, 3'l/88 A to c of 10 December 1982, 38/79 A to H of 15 December 1983, 39/95 A to H of 14 Decenber f984. 40/].6l A to G of 16 Decenber L985, 4L/63 A to G of 3 December 1986, 42/L6O A to G of I December 1987, antl 43/58 A to c of 6 December 1988.
4. The present report has been prepared in accordance with ceneral Assenbly resof utions 2443 ()o(III ), 2546 (XXIV), 2727 (#\ t , 2851 ()O(vI ), 3005 (:CwII ), 3092 B ()C$/III), 3240 A and C (rc(Ix), 3525 A and C ()as), 3I/LO6 C and D, 32/91 B and C, 33,/113 C, 34/90 A to C, 35/f22 C, 36/L47 C, 37/88 C, 38/'19 D, 39/95 D, 40/161 D, 4I/63 D, 42/760 D and 43./58 A.
1I. ORGANIZATION OF WORK 5, The Special Committee continued its work under the rufes of procedure contained in its first report to the Sec retary-Gene ral . 3/ Mr. Daya Perera continued to be Chai rman. 6. The Special Corunittee held the first of its series of neetings from 3 to 6 January 1989 at Geneva. At those meetings the Special Contnittee reviewed its nandate consequent upon the adoption by the General Assembly of resoLution 43./58 A. By that resoluli.on, the Generaf Assembly requestetl the Special A/ 44/ 599 En(ltrsn Page B
Commj,ttee, pending early termination of Israel.i occupation, to conLinue to invest.igate Israe.li policies and practices in the Arab territories occupied by rsrael since 1967, to consult, as appropriate, with the rnternational conmittee of the Red Cross in order to ensure the safeguarding of the welfare and hunan rights of the population of the occupied terlj.tories and to report to the sec retary-Gene ral as soon as possibLe and whenever the need ari.ses thereafter, and to subrnit regularly periodic reports to the Sec retary-Gene ra] on the present situation in the occupied palest.inian territory.
7, In order better to conply with the specific lequest, contained in paragraph 20 of GeneraL Assernbly resofution 43/5A A, to submit periodic reports on the situation, the Special Comnittee decided to transmit to the Secre tary-Gene ral, after its second series of meetings, a periodic report updating infornation contained in its twentieth report (A/43/694), which has since been subnitted to the General. Assenbly (see para. 19 below),
8- The Special Cornnittee decided to continue it.s systern of monitoring information on the occupied Lerritories and. in reference to paragraph 21 of resofution 43/58 A, to pay special attentio! to infornation on treatment of civilians in detention' The special conmittee exanined infornation on the situation in the occupied territories' rt also had a nunber of communications addressed to it by Goverrvlglgs' organizations and inrlividuals io connection with its mandate. The special cornrnittee took note of severaL letters addressed to it by the pernanent RePresentative of Jordan to Che United Nations Office at Geneva on matters related LvrL.IgIJv.Lr
9. On 6 January 1989, the Chairman of the Special Corrunittee addressed a cable to lhe sec retary-General appea]ing to him to bring to the rsraeli authorities the expression of deep concern of the Special Conrnittee in view of the ill.egal deportation fron the occupied territories of 13 pal.estinians. The Special conrnittee also decided upon the organization of its rrork for the year. rt agreed to address itserf to the covernnents of Egypt, .tordan and the syrian Arab Republic with a view !o seeking their co-operation in the implementation of its rnandat.e. The special Committee al.so agreed to address itself to bhe Observer for palestine and to the International Cornnittee of the Red Cross. Finally, the Special Committee decided that at its next series of rneetings it woultl undertake hearings in the area for the purpose of recording relevant. information or evidence. 10. On 6 January 1989, the Special Committee addressed a letter to the sec retary-Gene raL seeking his intervent.ion in an effort to secure the co-operation of the Gover nent of Israel.
11. on 6 January L989, the special cohnittee addressed a letter to the pernanent. Representatives of Egypt. Jordan and the Syrian Arab Republic t.o the United Nations office at Geneva in vrhich it requested thei.r co-operation and lnformed them of the intention of the special comrnitt.ee to co$duct. trearings in their respective countries.
12. Similar letters lrere addressed to the Observer for palestirre and to the International Comnittee of the Red Cross, A/ 44/599 English Page 9
13, The Governrnents of Egypt, Jordan and the syrian Arab RePublic subsequentLy responded to the special connittee, leconfirming their readiness to continue co-operating witb the special comnittee' 14. The special- coffnittee held a series of meetiDgs at Geneva (22-23 May L9891, Damascus (24-27 May 1989), Arunan (28 May-l June 1989) and Cairo (2-7 June 1989)' At these rneebings. the SpeciaL Cornnittee exarnined inforrnation on develoPments occurring in the occupied ter!itories beEween Novenber 1988 and March 1989, It had before it a number of corNnunicalions addressed to it by Goverffnents, organizations and individuals in connection with ils nandate. The Speciat Corunittee took note of several letters addressed to it by the Pernanent Representative of Jordan and by Lhe Perrnanent Observer for Palestine on matters related to its rePort. At 'Dafiascus. Amman and Cairo tbe Special Corunittee heard lestinonies of persons just returned from or living in the west Bank, the Gaza StriP and the occupied SYlian Arab colan concerning the situation in those territories.
15. At Damascus the SpeciaL Connittee atas received by Ehe Minister of State for Foreign Affairs, Mr. Nasser Ghaddour. It also conducted consullations with Mr. Dia El-Fattal, Deputy Minister for Foreign Affairs, and Mr. Hani Hablb, Director, International Organizations DePartment, Ministry for Foreign Affairs' During iEs slay in the Syrian Arab Repubfic the Special Coffnittee visited ttre totrD of Quneitra. where it net with Mr. smail said, DePuty-Governor of Quneitra Province. 16. At Amman. the Special Comrnittee was receiveal by the Minister for foreign Affairs, Mr. Marwan At Qassin. The Special Corrunitcee was presented with a lePort on the situation in the occupied territories prePared by the DePartment of Occupied Territolies Affairs of the Ministry for Foreign Affairs. During its stay at annan bhe Special Committee met with Sheikh Sayeh, Presiden! of the Palestinian National Council, as weLl as other nenbers of the Palestinian National Council' The SPecial Conmittee also rnet with Mr. Zuhdi Saed, Di rector -General of the DePartment of Occupied Territories Affairs of the Palestine Liberation Organization' who presented the Special Cornnittee with a nunber of reports and statistics on the situation in the occupied territories. The Special Cornmittee also received from tbe Departments of Economic Affairs and of Education and Higher studies of the Palestine Liberation Organization a series of lePorts and statisEics on that situation. l-7. At cairo the Special Comnittee lras received by ttre Minister of State for Forelgn Affairs, Mr. Boutros Boutros GhaLi. It also net lrith Mr. Emad eL Kadry, Director, Department for Palestine Affairs,.and Mr. Ibrahim Yousri, Director, Legal Depaxtnent, of the Ministry of Foreign Affairs. During its stay in Cairo, the Speciaf Conrnittee also visited the PalesEinian Red Crescent ltosPital r,there it rnet Dr- fathi Arafat. Chairman of the Pal.estinian Red Crescent' 18. The Special coflunittee also exanined and compLeted its Periodic rePort (A/44/352, updaCing information containeal in ibs twentieth rePort (A/43/694). It. decicled that oral evidence and any further information relevant to its nandate would be reflected, together wibh its conclusions' in the present report of the SDecial Comrnittee. A/ 44/ 599 Lnoltsn Page 10
19. On 7 June 1989, the Chairnan of the Special Committee tf,ansnitted to the Sec retary-Gene r al its periodic report- (A/44/ 352) covering the period fron 26 August 1988, the date of the adoption of the twentieth report (A/43/694r, Lo 31 March 1989. This report was based on written information gathered from various sources anong which the Special Conmittee had seLected relevant excerpts and surnmaries which were reflected in the reDort.
20. Ot1 14 July 1989, the Chairman of the special Conunittee addressed a cable to the Secre tary-Gene r aL appealing to him to bring to the Israeli authorities lhe expression of deep concern of the Special co nittee in view of Ehe illeqaf depoltation from the occupied territories of eioht Pafestinians.
2I. The Special Corrunit.tee net again at ceneva from 21 !o 25 August 1989. At these rneetings, the Special Commit.tee examined information on developnents occurring in the occupied territories from April to August 1989. It had befole it a number of conrnunications addressed to it by Goverrunents, organizations and individuals in connection wich its maodate. a6 lrell as records of tesEimolries col.lected during its previous series of meetings. The Special Cornmittee took note of several letters addressed to it by the Pelnanent Representative of Jordan on matters refated to its mandat.e. It examined and completed on 25 August 1989 the present rePort.
III. MANDATE
22, The General Assembly, in its resofution 2443 (XXIII) entitled "Respect for and implenentation of human rights in occupied territories", decided to establish a Special Committee to Investigate Israeli Practices Affecting the Hunan Rights of the Population of the Occupied Territories, cornposed of three Menber States.
23. The nandate of the Special Connittee. as set out in the above resolution and subsequent resolutions, was I'to investigate Israeli practices affecting the human riqhts of the population of the occupied territories",
24 In interpreting it.s mandate, the Special Committee deternined that: (a) The te!ritories to be considered as occupied territories referred to the areas unaler I6raeIi occupation, namely, the occupied Syrian Arab Golan, the West Bank (including East Jerusalem). the caza Strip and the Sinai Peninsufa. Following the inplenentation of the Egyptian- I s raeL i Aqreenent on Disengagenent Forces of ' 18 January 1974 and the Agreement on Disengagement between Israeli and Syrian Forces of 31 May 1974, the demarcation of the areas under occupation was altered as indicated in the naps attached to those agreements. The areas of Egypt.ian territory under Israeli nililary occupation vrere further rnodified in accordance with the Treaty of Peace between the Arab Republic of Egypt and the State of Israel, which was signed on 26 March 1979 and which came into force on 25 April 1979, On 25 April 1982, the Egyptian territory renaining under Israeli military occupation was restituted to the Goverrunent of Egypt in accordance with the provisions of the aforenentioned agreement. Thus, for the purposes of Ehe present report, the ter!itories to be considered as occupied territories are those remaining under Israe]i occupation, namely, the occupied Syrian Arab Golan, bhe West Bank. including East Jerusalem, and the Gaza Strip; a/ 44/ 599 Engl ish Page 1I
(b) The persons covered by General Assembly resolution 2443 ()o(III) and therefore the subject of the investigation of the Special Contnillee were the ciwilian populaLion residing in Lhe areas occupied as a result of the hostilities of June 1967 and those persons nornally resident in the areas that \tere under occupation but who had lefL those areas because of the hostilities. However, the Committee noted that resolution 2443 (lC{III) referred to the "population" without any qualification as to any segrnent of the inhabitants of the occupied territoriesi
(c) The "hurnan rights" of the populaEion of the occupied territories consisted of two elenents, namefy, those lights which the Security Council referred to as "essentiat and inalienable human rights" in its resoJ.ution 237 (1967) of 14 June 1967 dnd, seconally. those rights which found their basis in the protection afforded by international law in particular circumstances such as rniLitary occupation and, i.n the case of prisoners of war, capture. In accordance with General Assembly resolution 3005 ()offII), the Speciaf Conmittee was also required to investigate allegations concerning the exploitation and lhe looting of the resources of the occupied territories. the pillaging of the archaeological and cultural heritage of the occupied territories, and interference in the freedom of lrorship in the goly Places of the occupied territoriesi
(d) The "poficies" and "practices" affecting human rights that carne within the scope of investigation by the Special Corunitiee referred, in the case of, "policies", to any course of action consciousfy adopted and pursued by the Government of Israef as part of its declared or undecfared intent; whi.Le "practices" referred to those actions which, irrespective of whether or not they were in implernentation of a policy, reflected a pattern of behaviour on the part of the Islaeli authoriti.es tovrards the civiLian population in the occupied areas.
The geographical narnes employed in the present report reflect the usage in the original source and do not inply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations. 25. Since its inception the Special Connittee has relied on the follovring international instruments in interpreting antl carrying out its rnandate: (a) The Charter of the United Nations;
(b) The Universal DecLaration of Hunan Right.s; (c) The Geneva Convention relative to. the Protection of Civilian Persons in Time of Wa!, of 12 August 1949; !/ (d) ?he Geneva Convention relative to the ?reatnent of Prisoners of war. of 12 August f949, 5/ (e) The t{ague Convention for the Protection of Cultural Property in the Event of Armed Conflict, of 14 May 1954: O/
(f) The Hague Conventions of 1899 and 1907 respecting the Lar"rs and Custotns of War on Landi Z/ a/ 44 / 599 English Paqe 12
(g) The International covenani on Civil and Political Rights, and the International Covenant olr Econornic, Social and Cuftural Rights' E/ 26. The Special Corunittee has also relied on chose resolutions relevant to the situation of civifians in the occupied territories adopted by Unit.ed Nations organs, the General, Assembly, the Secu!ity Councif, the Economic and social Council and the Cornrnission on Human Rights. as vrell as the relevant resolutions of che United Nations Educational, Scientific and Cultural Organization, the Worl.d Heafth Organization antl the International Labour Organisation.
IV. INFORMATIOI.I AND EVIDENCE RECEIVED BY THE SPECIAL COMMItTES
27. In the course of carrying ouC ils nandate, the Special Comtnittee has relied on the following sources i (a) The testirnony of persons with first-hand knowledge of Ehe situation of the population in the occupied territories;
(b) Reports in the Israeli press ot pronouncements by resPonsible Persons in the Goverment of I s raef;
(c) Reports appearing in other news nedia. including the Arab language Pless published in the occupied territories in Israef and the international Pressi The SpeciaL Conmibtee also received written statements fron the Goverrunents of Jordan and ttre Syri.an Alab Republic and frorn the Observer for Palestine. The Goverrunent. of Jordan and the Observer for Palestine trave provided the Special Corunittee 1.lith various monthly and other reports on the situation in the occupied territories. The Governrnent of the SyriaD Arab Republic has Provided lhe Special Corunittee with information on the situation in the occupied Syrian Alab Gol.an. In addition, the Special Conmittee received r.ritten inforrnation from intergove rrunental organizations such as reLevant specialized agencies and regional organizations, as t^'e11. as non-gove rDrnentaL organizations and individuals on the situation in the occupied territ.ories,
28. The Special Committee undertook a series of hearings in Danascus, Anman and Cairo during its meetings from 22 May to 7 June 1989. At these neetings. the Special Comnittee heard the testirnony of persons having a first-hand knowledge of the human rights situation existing in the occupied territories. These testimonies are contained in docunents A/Ac.145/RT.507-518, and are reflected belolr. 29. The Special Committee has taken particular care to reLy on infortnation appearing in the Israeli. press that has not been contradicted by the Goverrunent of Israef or that is conunonl.y consj.dered as reliable by the Governnent' 30. In the course of carrying out its nandate, the Special Cornmittee has taken note of infornation reaching it through a variety of sources, such as individuals, organizations and Governnents, At its meetings, the Comnittee had before it severaL cornmunications addressed to it directly or referred to it by the a/ 44/ 599 Engli.sh Page 13
Sec retary-Gene r al fron sourses inside the occupied territories, as well as from several parts of the worLd, Where necessary, the Conunittee has folLowed up inforrnation contained in these comnunicalions. 3I. The following paragraphs contain a sunnary of the j.nforrnation exanined by the Special Connittee divided as iollolrs:
(a) General s i tuabion;
(b) Administration of justice, incJ.uding the right to fair trial,' (c) Treatment of civilians;
(d) Treaernent of det.ainees; (e) Annexation and setLlementsi
(f) Infornation concerning the occupied Syrian Arab Golan.
32. This infornation has been divided inco oral evidence and written infornation. In order to comply with rest.rictj.ons on the volune of docuneneation now enjoined upon United Nations reports, the Special Connittee has endeavoured to present this information under the nost. compact and concise form po6sibte. Oral evidence, for n'hich a full record of testimonies is available in documents A/AC.145/RT.507 to 518. has been contlensed to a general indication of the contents of such records. The reporb also attempts to surnrnarize written information, This informaLion is reflected in rnore detail in docunents of the Special Comnittee, which are available on file at the Secretariat.
A. General s ituation
1. General deveLoprnents and poLicv statenents
( Infornation on this subject covering the period from 26 August 1988 to 31 March 1989 is to be found in the periodic report (A/44/352, paras. 8-46)). 33. On 3 April 1989, the Co-ordinator of activities in the territories, ShnueL Goren, met, for the first time since the beginning of the uprising, lrith representatives of alt the religious organizations in the Gaaa Strip. Following the neeting in Gaza it was announced that the civil adninistr'ation intended to release hundreds of Palestinian detainees held in IDF detention facilities in the southern part of Israel. Prornises were also made to the Arab refigious officiafs that more families would be given reunion authorizAtions. and that Israef Defence Force (IDF) forces r,rould try to refrain from entering mosques - unless they \,rere involved in disturbances of the peace. (Jerusalem Post, 3 April 1989; Ha'aretz, 4 April 1989 )
34. On 16 April, it was reported that nelr means to disperse denonstrations in the Lerritories had been presented at a current security meeting held recentfy in the A/ 44 / 599 Engl ish Page 14
Gaza Strip. The new means included a smafl glider that would fl,y over areas where dislurbances r,rere taking place and would provide reports bo the IDF. and a Eear-gas rocket that rnay be launched from a travelting car. (Ha'aretz, 16 April 1989)
35. on 24 A.pril, figures compited by the United Natiorxs Relief and works Agency for Palestine Refugees i.n the Near East (ttNRwA) showed that aE least 24,977 Palestinians have been injured and 442 killed in clashes with Israetj. soldiers from the start of the intifadah on 9 December 1987 through 15 April 1989. The breakdown of casualities was Lhe following: caza Strip, 18,000 injured (36 per cent of then children aged 15 and under) and I31 kill.ed (19 per cent children), west Bank, 6,799 injuretl (14 per cent aged 15 and under) and 311 killed (14 per cent children). The figures, cornprising only those reported or rnade known to UNRWA but including non-refugee Pal.estinians. include injuries from gunshots, beatings, rubbe! bulLets and tear-gas administered by the Israeli arny. (Al-Fair, 24 April 1989) 36. On 1May, Defence Minister Rabin was reported to have decfared at the weekly cabinet neeting tha! the IDF woutd not take more severe military neasures to suppress the uprising. unless it was "in order to achieve poliEical objectives". ( Ha'aretz, 1 May 1989)
37. On 4 May, settlers decLared their iuteltion to shoot at and injure stone-throwers (see aLso para. 261). (Attalia, 11 May 1989)
38. On 4 May, several reports by international humanitarian bodies indicated a marked increase in death casualties among Palestinian children killed by IDF troops. The situation is particularly alafining in the Gaza Strip where many of the victins include children aged 5 and 6. The Swedish Save the Children organization indicated that the shooting of chitdren was not a resuJ.t of mistakes or accidents. It accused IDF soldiers of purposely filing at children and youngslers. Another report by the Canadian MiddLe gast Centre for Culture and Education shovred lhat 107 chitdren aged under 17 were killed during the 14 nonths of the uprising. Most of them were shot and hit in the head, chest or stornach, (Attalia, 4 May 1989)
39. On 12 May, figures concerning casuafties linked with the uprising wele made public by a new organization cal1ed "Betzelem" - Israeli Information Centre on Hurnan Rights in the Occupied Territories. It was reported that since the start of the uprising until the end of Aprj.l L989. 423 PafesLinians were killed by securj.ty forces or Israeli civilians. These incLuded 392 who were shot with live ammunition, including pl.astic bulletsi l-S wexe qhildren under 12 and 59 youths aged 13 to 16, 31 were kilfed as a result of beatings. efecerocution, burns and other injuries not due to the use of live ammunitioni and three were children under 12 and t!.o were aged 13 to 16. In addition, 70 Palestinians died shorlly after being exposed to tear-gas. These included 27 babies. During the sane period four IDF soldiers and nine Israeli civilians, including three babies, were kilLed in incidents linked to the uprising. In April L989 atone 33 PaLestinians r"ere killed - a narked increase iu conparison wibh March 1989 (21 killed), February 1989 (17 kirled) and January 1989 (l-q kiLled). (Ha'aretz, 12 May I989)
40. On 15 May, the Deputy Chief of Staff, Ehud Barak, revealed, in a decfaration given to the High Court of Justice the IDF standing instructions on the use of A/ 44 / 599 English Page 1.5 plastic bullets, He said lhat before firing tbese bullets a soldier must bake siE requirenents into consitleration: that all other meatrs must be exhausted before Ehe bullets were firedi that before firing at a person, a warning shot nust be fired into the airi that. a colunander present at the scene must give the order to fire; that the soldier must weigh carefully the decision to firei and that fire rnust be aimed carefully below the knee. If the nature of the terrain prevent6 accurate shooting the sotdier should not fire, and the fire must be airned only at a Particular individuaL. Special care must be taken to avoid others when firing, especially wornen and chifdren under 16. Barak said that since the IDF started using plastic buflets nine months earlier, 154 Palestinians were killed in the territories, including 61 from plastic bul1et. 6hots, as compared vrith 204 previously. a drop of 25 per cent in the deaeh rate. (Ha'aretz, JerusaLem Post, 16 May 1989)
41. On 27 l"lay, some 2,500 Israelis and 1,000 Palestinians held "peace neetings" organizeal by Peace Now in six west Bank Localities. The meetings were arranged in co*operation with 1ocal activists, (Ha'aretz, Jerusalem post, 28 May 1989) 42- on 10 June, Defence Minister Rabin reveaLed in an interview to the nilitary radio station that the capacity of IDF detention facilities wouLd be increased shortly from the present 8,500 to over 10,000 detainees. At presenb, 8,500 detaiuees or prisoners were being held in IDF detention facilities, in addition to over 4,000 convicted tefrorists being heLd in prisons. Mr. Rabin said that, in order to further calm down the violence in the territories, more neans were teeded for ''selective punislunent of activists". Expulsion of inciters vas, in principfe, a good example for such a selective punisbnent, but at present. over nine nonths of Legal proceediugs could pass before someone was expelled, with the result that the desired effect was lost. (Ha'aretz, 11 June 1989)
43. On 14 June, the Israeli Infornation Centre on Hurnan Rights iu the Occupied Territories released data on the nwnber of persons killed in the territories since the beginning of the uprising until nid-June 1989. According to the data approximately 20 per cent of those kitled were under 16 years of age. Som€ 425 Palestinians were killed by gunfire (inctuding plastic bullets), shot by the security forces or by Israe]i civilians. They included 17 children under 12 and 68 aged 13 to 16. Another 32 r*ere killed by beatings, electrocution, burning and other causes and over 70 others, incLuding nearly 30 babies, died shortly after being exposed to tear-gas. (Ea'aretz, 15 ,June 1989)
44. On 19 June. it yras announced that Southern Region Coflunander Aluf (Maj.-Gen) Yitzhak Mordekhai was to repLace Afuf Amlam Mitzna as Central Region Conmander. The new Southern Region Commander rould be the present head of Manpower Branqh in the GeneraL Staff, Aluf Matan vilnai. (.TerusaLen post, 20 June 1989) 45. On 21 June, it lras reported that Defence Minister Rabin had asked the Justice Minister and the Attorney-Gene ral to devise the 1egal means to inplernent severa] new punitive measures to help the fDF and the security services deaL rnore effectively with continued violence in the territories. Mr. Rabin specifically asked Justice Minister Dan Meridor to find the ',legal soLution" to perni! the expulsion, within 72 hours to one week, of "central figures taking parE in A/44/ 599 English Page 16 incitenent. organization and participation in viol.ence", to be able to demolish or seal houses lrithout appeal aud to extend administrative detention terrns fron 6 months to one year, On 23 JuDe 1989, it was reported that the Justice Ministry st.rongly objected to sone of these measures. (Jerusalern post, 2\, 23 June 1989)
46' On 5 July, it was reported that new regulations for opening fire at suspects had recently been introduced in the territories. Chief of Staff Dan Shonron told the Knesset ['oreign Affairs and Defence Committee that palestinians in the territories who went out on the streets rdith their face masked coutd now be fired at in case they ignored an older to halt. According to one repott the new regulations were, for the tine being. appLicable only in the Gaza Strip and were intended to deEer nasked youths who have recently been confiscating and destroying pernits given to Arab workers to travel to Israel for their jobs. (Ha,areEz, Jerusalen Post, 5 July 1989)
47. On 10 .Iuly, the IDF spokesnan issued data on the nurnber of casualties afiong the Palest.inian population since the beginning of the uprising. According to the data, which were up to date for 4 JuIy L989, 4L7 Arabs were ki1led and 6,912 injured (lhe fsraeli Infornation Centre on Human Rights put the figure of Arabs killed at 486, and the Associated Press agency at 482). The IDF spolesman gave the folfonring data for the period from Decenber 1987 to June 1989 (until 4 Juty 1989). In the West Bankt the IDF suffered 7 dead and 778 injured; Jelrish setefers - 9 dead and 601 injured, Palestiaians - 263 dead and 4.650 injured, In the Gaza Strip: IDE - 4'17 injured,. Jegish settlers - 53 injured; palestinians - 154 killed and 2,262 injured. Some 160 houses were demolished in the West Bank and 67 in the Gaza Stript 68 houses were sealed in the West. Bank atld 34 in the Gaza Strip. Sone 53 Palestinians were expelled and 5 others had expulsion orders issued against then. A total of 8,355 patestinians were at present being detained: I,'166 of them were convicted prisoners and 1,4a9 were detained pending their trial, 3,433 persons were detained until the eud of the lega1 proceedings and 1,815 were administrative detainees. According to data issued by the Israel Hutnan Rights Centre the number of PalestiniaDs killed in the territories since the start of the uprising was 486, including two persons shot to death on 9 July 1989. These figures incLuded Palestinians killed by Israeli civiLians. Some 452 of them were kilLed by live or plastic bullets - including 21 chiLdren under 12 years of age and 71 children aged 12 to 16t 32 vrere kilted as a result of beating, e.Iectrocut.iou or other causes. The figures did not include persons irho died as a result of inhaling tear-gas since the link between gas inhalation and death had not been proven beyond doubt. According to ,'Associated press',, in addition to 482 Pa.lestinians kitled by t.roops aDd Israeli civilians, 70 others were kilLed by other Palestinians. mostly on suspicion of coltaborating with Israel . Patestinian sources added in their figures several dozen people killed in unclear circumstances, mostty as a result of strong exposure to tear-gas. (Ha'aretz, 10 July 1989 )
48. On 2 August, it was reported that, according to statistics published the previous day by the Israeli Information Centre on Hurnan Rights in the Occupied Territories, "Betzelem", 509 Palestinians had been kiLled by Israeli soldiers and civilians since the start of the uprising in December L987 t 477 of then wele kilLed by live annnunition and plastic buflets - including 23 children aged up to 12. and 76 aged between 13 and 16, 32 others vrele killed by other causes, such as beatings. A/ 44/ 599 English Page 17 burns or electrocution. Over 70 others died shortly after exposure to tear-gas, including some 30 babies. In the rnonth of ,July alone 32 PaLestinians were kifl-ed, compared wich 20 in June. During the same period 10 Israefi civilians, including three infants, and five soldiers were killed in incidents related to the uprising. (Ha'aretz, JerusaLen Post, 2 Augus! 1989) 49. on 2 August, it was reported that Pafestinian aclivists in popular conmittees in several tolrns and villages in the northern West Bank haal been keeping a network to collect information on alleged collaborators with Israel, Por that purpose they reportedly set up at least tlro centres of interrogation operating in Nablus. fn other localities, many alleged co]laborators vere kidnapped and intensely interrogated for several days in secret I'popular conmittees" hidiug pLaces. According to the repolt. interrogation of suspected collaborators was acconpanied by violence and death threats if the interrogated informed the security aubhorities about their interrogation. (Ha'aretz, 2 August 1q89) 50. On 3 August, the High Court of Justice reject.ed a petition of the Association for Civil Rights in Israel, which chaLl.enged use by the IDF of plastic bullets. The presideut of the Suprerne Court, Justice Meir Shangar, and Justices Moshe Beisky and Eliyahu Matza ruled that there was no legal flaw in the IDF policy. They added thaL they did not find anything in the naterial that was submitted bo then indicating that. iflegal orders had been given in connection with the use of plastic bullets, They concluded that the use of fire arms in circunstances which justified such a use "according to the principles of law, could not constitute a reason for intervention by the High Court of Justice". (lla'aretz. Jerusalen Post, 4 August 1989 )
51, On 17 August, it was reported that the IDF Central Region Command was considering new ways and melhods !o suppress violence connected with the uprising. Among the new neans the fotlowing were mentioued: shooting at masked persons, in the frainework of the "procedure to arrest a suspect" (a mettrod that was introduced in the Gaza Strip one rnonth earlier),i resorting to harsher collective punishment in cases of terrorist acts invofving the use of fire-arms (such as seafing the street, shops and alLeys in Ramatlah vrhere a petrol bomb was throlrn at. a car of Israeli lax-collectors)i and imposition of night curfews on towns and vilLages where vio.lent activities were carried out afte! night-fatl - as nras done in Jenin recently, and in many Gaza Strip Local.ities. for extented periods of time. ( Ha ' are t.z, 18 August 1989)
2. Iucidents linked with the uprisinq of the Palestinian popufation aqainst the oc cupat ion Oral evidence 52. Most witnesses testified on the dramatic conditions prevailing in the t.erritories as a consequence of the uprising. Many referred to their Personal experience, often involving rounding by buLlets. tear-gas or beating, during clashes with menbers of arned forces or settle!s, and resuLting in several cases severe injuries. a/ 44 / 599 Engl ish Page 18
"We were taking part in a peace march in honour of one of the martyrs. The army was trying to attack the city but it vras unable to do that because of the crovrd.s. So the helicopters came and they started to drop gas bombs and stones. and to fire buLlets. I vras one of those who fainted. A large number of people lost consciousness. I remained unconscious for about 12 hours. When I woke up I found difficutty in breathing, my nose was running, ny face was hurting and rny body f,el.t very weak. That uas how I felt, I renained like that for a nonth." (Ms. Ahlan Mohaned Said. A/AC.l-4SlRT.51O)
"... That night a large nurnber of the arny came to our town. We don't kuow how nany there were because thele were very many. Tbey started arresting many of the young men. They took about 15 of them who were asleep in their houses. In other parts of the town the families woke up and heard the noise, and every nother/ lrhen hearing the neighbours being attacked by the police, r,roke up her children and tol.d them to run away. for example, my mother ran from the house vrhere I used to live, which is about 2OO n. away from the o1d house. She woke me up so that I could run alday. When we ran away we found that the who.le town qras surrounded by the armyi wherever you went you were faced by army men. So we had to defend ourselves, because we knew vre .t{ere facing death. Women, children, young gir]s, the o1d, the elderl.y, aL1 of them came out to defend the young men. Of course, there were skirrnishes with the police. We started showering then with stones, and from the filst stone that hit, they started firing live arnrnunition. This was 3.30 a.n., when we had the skirmishes vrith the army: it was still dark, It continued untit 5 o'clock in the morning. In the norning, shen we started counting, we found we had Lost three martyrs and there r+ere 25 wounded. Vfe tried to take the wounded to hospital but we found that the army was canped about I km outside the tol^'n and they started firing at the cars that vrere carrying the wounded. In the end the Red Cross intervened and we were abLe to have ambulances come to take the wounded to hospital." (Mr. Muphid Nearat, A/AC.145/RT.510)
"The army withdrew and the settlers started coming towards the village at about a quarter or ten to eleven. When the settlers walked into the vitlage, they fired at the water tank on the roof of a house. They went to alrother housei they entered through the eastern aloor and pointed their guns at the owner of the house. He asked then why they vrere doing that. One of then lowered his rifle and fired, wounding hi.n in lhe leg with tiro dwn-dum bullets which exptode. They also fired on another person, again airning at the fegs, in order to break them. ADother house had a glass eoclosed verandah which they broke. and they also destroyed a car parked near the house. Another group of settfers vounded a 14 year-old boy. He received a bultet in the side of his stonach, which came out at the other side, aEd the doclor who treated hin said that the bultet danaged the liver of the young nan.,, (Anonymous witness, A/AC. 14 5 /RT. 512 )
"Fourteen soldiers came and attacked the house. Ahey started breaking things. They broke the tetevisiou set and the furniture and the windows. I asked them why they were doiDg this. One of the sofdiers hit ne in the back ltith his gun, t{hen he did this. I pusheat hin and he fell to the ground. Then another soldier came to the assistance of the first one and he fired at me.,, (Miss Judeh Saleh, A/ AC. 14 5 /RT. 514 ) A/ 44 / 599 Engl i sh Page 19
53. Testimonies relating to the incidents linked with the uprising of the PalestiniaD population against the occupation nay be found in documents A./AC.145/RT.507 (Dr. Hani Habib); A/AC.14s/RT.509 (Dr. Sanir Salaneh Khalil); A/AC.145/RT.510 (Ms. Ahfam Moha$ed Said, Mr. Abdel Nasse! Mahmud, Mr. Hekmat Jaber, Mr. Muphid Nearat, Mr, Omar Basha)t A/AC.14s/RT.512 (two anonymous witnesses)i A./AC.145/RT.512lAdd.1 (Mr, Walid Said Mustapha, Mr, Zuhdi Saed); A/AC.145/RT.513 (Mr. Usama Sayeh); A,/AC.14s./RT.514 (Ms. tunal Ousman Mustapha, Miss Judeh Saleh, Mr. Hanan Loubadeh), A/AC,145/RT.515 (six anonl'mous witnesses)i A/AC.14s/RT.516 (an anonlmous witness); A/AC.145/RT.517 (two anonymous witnesses) and A/AC.145lRT. 518 (Mr. Hafez Toukan). A/ 44 / 599 English Page 20
Written information
(Information on this subject covering the period frorn 26 August 19g9 to 31 March 1989 is to be found in the periodic report lA/44/352, paras. 47_50)).
54. During the period covered by the present report, the Special Conunittee continued to receive communications from various sources, as well as a considerable a$ount of reports from various ne$rspapers, providing information on the overall situatioD resufting fron the uprising of the paLestinian population against the occupation. According to these report.s, civiLian deaths have contj"nued to occur on a wide sca1e. In a communication transmitted by funnesty Internationaf dated 26 May 1989 entitfed "fsrael and the Occupied Territories: Extrajudicial Er 55. Nwnerous serious incident.s, occurring practically every day and i! several focalities i,rere reported during the same period. These incidents, which included violent clashes between Palestinians and rsraeli forces in various areas of the occupied territories, and resulted in several hundred cases of deaths, also piovoked severe injuries by Live, rubber, "improved rubber', (netal malble6 covered with rubber) and plastic bullets, burns provoked by exploding or ffaInmable objects, tear-gas and beatings and affecting all categories of civil.ians, including very young children. Many clashes occurred betvreen Palestinians and settlers who waged anti-Arab denonstrations and organized arsons and retaliation raids after sLone-throwing incidents (see also "settlers' activities',). clashes al-so occurred bet-lreen civilians and "demorition teams" corning t.o demolish illegally-built houses. Other i.ncidents included vride-spread dernons trations, conrnercial or general strikes by the Palestinian populatio!, petlof bombs Chrowingi raids on mdny localities and viffages by rDF soldiers, border policenen and paratroopers in order to carry out scores of arrests, collect taxes, o! remove paLestinian flags and graffiti, attacks on susPected collaborators; the imposition of curfews and ctosing off of vilfages and sometirnes eDtire areas, for periods of varying durations (see afso "Collective punishment,') . 56' In view of the frequency of such incidenls, which. if listed extensively {ould have taken up coDsiderable space. only a few examples among the most serj.ous are cited below in order to iflustrate the situation in that regard. 5'l - 13 April 1989 - A very serious clash took pLace at dawn in the village of Naharin near Bethlehem. when a border police unit that had raided the village to carry out arrests was attacked by local youths throlring stones and other objects at them. The border police unit reacted by opening fire. Four youths r^'ere killed (see table) and at least 13 others were injured, including four seriously, Arab sources put lhe number of injured at 35. Many others were injured from tear_gas. According to villagers, during the week preceding the raid border policemen reqularly harassed and provoked the villagers, insulting then and exposing themselves in front of women. On the day preceding Che raid there was a clash a/ 44 / 599 English Page 21 between border policernen and local youths. According to eyevtitnesses in the village once the raid, which went on for half an hour. was over' a disPute broke out between IDF officers antt the border Po]ice unj.t conceruing the way ihe operation was conducted. villagers also said tttat the border Policernen haal shot tear-gas, rubber bullets and live anmunition without Provocation, firing continuously and sniping fron the upPer fl.oor of a building. Men in civilian clothes were also seen firing. sevelal persons were shot as they rushed to tend to the wounded. Central Region Conrnander Anram Mitzna aPpointed a team of senior officers to investigate the incident. The inquiry was being conducted by a br igadie r -generaI, a colonel and a border Police conrnander. On 30 April 1989, unofficial reports on the findings of the inquiry indicated that the border Police unit involved in the raid had "lost control and fired excessively". "Border police troops violated IDF orders for firing at denonstrators". The findings of the inquiry were presented to the Chief of Staff and \tere to be nade public later in the week. (Ha'aretz, Jerusalen Post, 74, L6 and 30 APril 1989; Al-Fajr, 17 April 1q89; Attalia, 20 April 1989) 58. 25 and 26 April 1989 - Three persons were killed (see tabLe) anal afmost BO were injured, most of then in the Gaza StriP, over the two days of the Jewish Passover hofiday. The worst clashes occurred in Shati carnP and in Sabra neighbourhood. A two-year-old child, Siham al-Hadad, was injured ia the head in Sajai'ya. violent clashes were also rePorted in several West Bank localities and in particular in Tulkarem and the nearby camP. (lla'aretz, Jerusalem Post, 27 April 1989) 59. 5 and 6 May 1989 - Fierce clashes were rePorted in the Gaza Strip during the weekend. According to UNRWA sources they were the fiercest and bloodiest since the beginning of the uprj.sing, Four were ki1]ed (see table) aud over 150 injured. The worst clashes $ere rePorted in Nuseirat canP, but clashes were reported in almost all the canps and towns of the Gaza Strip. violent clashes ltere also rePorted in several West Bank localities, desPite widesPread Preventive curfews on most of the towns and canps. (Ha'aretz, 7 May 1989, Attalia, 11 May 1989; Al--I3j r. 15 May 1989) 60. 19 and 20 May 1989 - A very serious clash occurred in Shabura neighbourhood in Rafah lrhen hundreds of loca1 residents attacked an IDF Patrol with stones and iron bars. The area had been under curfev for 14 days running and residents conplained of severe food shortage and of widespread arrests in Rafah. The trooPs oPened fire, killing five persons and injuring 14 others. The disorders sPread to Jabaliya. where one person was kilfed (see table). Sir. persons were shot and injured in clashes in the West Bank. Troops carried out raids on villages and arrested v/anted youths. An Israeli sergeant and three menbers of a Palestinian cefl r,rere killed, and three Israeli soldie!s were injured, one critically' in an armed clash whj.ch took place on the night. of 18 May 1989 near Beit Ula, in the Hebron area. The IDF demolished five houses in Idna and Nuba' which belonged to the cel1 members. The security authorities rePortedly forced Ataf Najajra frorn Nahafin to bury the bodies of the three Atab gurunen' (Ha'aretz, Jerusalem Post, 21 May 1989; Al-Fajr, 22 May 1989) A/ 44/ 599 English Page 22 61- 8, 9 and 10 June 1989 - A general strike was observed in the Wes! Bank to mark the beginning of Che nineteenth month of the uprising, and the Gaza Strip remained under curfer'. In vioLent clashes over the Jewish holitlay of Shavuot and the weekend three Patestinians were killed (see table) and sone 70 were shot and injured. ?he most viol.eDt clashes }Iere reported in Gaza Strip canps. (Ha'aretz, Jerusafen Post, lL .lune 1989) 62- 16 and 17 June 1989 - rn violent clashes over the weekend four palestinians qere killed (see table) and at .Ieast ZZ were shot and injured, The worst c.lash occurred in Rafah when troops opened fire at youths who attacked then with rocks and iron bars. Foltowing the clash the area lras placed under curfew. Troops continued raiding west Bank villages. (Ha'aretz, Jerusalem post, lg June l-9gg) 63. 18 June 1989 - severar serious clashes *ere reported in the west Bank and the Gaza strip. Three Palestinians were killed (see table) and sotne 30 othels were injured, An ambutance driver frorn Nablus rdas shot in the chest by troops anal seriously injured as he arrived to evacuate persons injured in an earLier incident' rn ca'a, a group of unidentified assaiLants opened file at a civil a&ninistration officer slightly injuring him and killing a local resident (see table). The body of an Israeli settter, Frederick Steven Rosenfetd, aged 48, from Ariel. vas found in a deserted area between Bulkin and salfit. He had been stabbed to death. The army irnposed curfew in the area and Launched exteDsive searches. ( Haj-arC!-Z, ,terusalem Post, 19 June 1989) 64. 23 and 24 June 1989 - A general strike lras observed in the caza Strip and a partial strike was reported in the west Bank in response to a caLl by the Hanas movenent. Troops carried out numerous raids on villages and arrested many wanted persons. mostly folner adninistrative detainees. Several raids fed to violent clashes. (Ha'aretz, JerusaLem post, 25 June 1999) 65. 4 Jufw 1989 - A gereral strike nas observed in the Gaza Strip called by the rslanic .rihad. several stone throvring iDcidents were reported in the Ilebron area, A Kiryat Arba settfer vas injured irr the head. Four people. including a girt aged 4, were wounded in Rafah, and six others in Jabaliya and Gaza. Balata remained under curfew. Security forces in the west Bank carried out a massive arrest oPeration, detainiug sorne 2OO persons suspected of membership in the "popular conmittees" and "shock committees,', regarded as the organizing force behind hhe uprising. Nearly 1OO arrests were made in the Ramallah area alone, including 40 senior activists in Ramaflah itself. Arrests $ere alse made in El-Bireh, Kadoura and Kalandiya caJnp, and in other major West Bank toLns - Hebron, Bethlehem, Jenin and Kalkilya. (Ha,aretz, JerusaLen post, 5 July 19B9) 66. 0--!Iglf--l!l-99 - A resident of Nuseirat carnp in caza, named as Abd al-Hadi sufeirnan chnein. aged 25. seized the steering wheer of an Egged bus going from Tel Aviv to Jerusalem. causing the bus to leave the road and crash iDto a ravine. As a result 14 passengers were kilLed and 27 were injured. 7 seriousLy. Ghneim was injured and hospitalized. Few other incidents were reported. (Ha'aretu, Jerusalen Post, 7 July 1989) A/44/599 English Page 23 67. 7 and 8 Jutv 1989 - Many vioLent clashes r.tere rePorted over the r,teekend in Rafah and elsewhere in the Gaza Strip. Six were injuretl, four seriously, including a boy aged L2 who ltas shot in the tteatt. Several people were injured in clashes in the West Bank. A soldier was injured by a stone thrown iu Gaza. In Jerusalen and in other places in Israel Arabs were attacked by Jews in retaliation for the Egged bus attack. There were several stone throvring incidents at Arab cars. (Ha'aretz, lterusalem Post, 9 July 1989) 68. 10 JuIy L989 - In a series of violent clashes three Palestinians were shot dead and 17 olhers were injured, 11 in the west Bank. Most of the casualties occurred duriug raids and operations initiated by the security forces. An IDr spokesman reported that the security forces had kilLed an armed Arab in the Mt. Hebron area over the weekend. More ateacks were reported on Arabs in Israel' Responsibility was claimed by "Kach" activists, Two Israeli bus passengers were injured from stones thrown at buses in the Tel Aviv area and in Beersheba. (lia'aretz, Jerusalem Post, 11 July 1989) 69. 17 rlulv 1989 - Serious clashes were reported in the evening in the Gaza Strip nhen troops were trying to enforce curfewsi 15 persons were in3ured, including two children aged I and 9, and a youth aged 17 nho was critically wounded in the head. Several people were shot and injured in the west Bank. A generaf strike was observed in the Gaaa Strip, Anti-Arab incidents and stone throwing were rePorted in Gan Yavne follorring the murder of locaf resident Zalman Shlein. (Ha'aretz, Jerusalen Post, 18 July 1989) 70. 25 Julv l-989 - Nineteen Palestinians were shot and injured iu clashes in the territories, four of them in Hussan, near Bethlehem, during a raid. In Gaza a wornan aged 65, Fatma Bada'tran. died of a heart attack when troops burst into her home searching for stone throwers. Security forces apprehended three wanted youths after a shoot-out in NabLus in which the three $ere injured. ziad Sarni an-Najar, aged eight, of Khan Yunis was seriously injured in the stomach. (Ha'aretz, Jerusalern Post. 26 .Iuly L989) 71. 8 August 1989 - One persoD was killed in violent clashes in the village of Burkin (see table) antl 16 were injured in sevexal clashes in the territories. According to Burkin villagers. clashes erupted wheu IsraeJ,i soldiers dressed as Arabs trad entered the village in a car witb West Bank number plates. Raids vrere carried out in several vilfages in the Jenin area. In Kafr Dan severaf villagers vrere severely beaten by troops. Curfews were in force in ?ulkarem and Nur Shams camps and in Jabaliya and Khan YuDis camps in the Gaza StriP. There were rePorts of attacks on villagers by suspected coll.aborators who were Protected by soldiers posted nearby. An Israefi settler infant, Itai Hantzani (18 rnonths), fron Ariel, was shot and killeat by sofdiers on the trans*Samaria road. His father, travelling in a car, opened fire at soldiers he rnistook for Arabs. The soldi€rs returned fire, hitting the boy and injuling his father and the three and a half year old brother. (IIa'aretz, Jerusalern Post. 9 August 1989) 72- 9 August 1989 - Extremely violent clashes took place in the Shali camP, Gaza. during the entire day and eveniuq. Two were *illed (see table), three were seriously injured and another 25 were slightly injured, including four wonen and a A/ 44 / 599 Engli sh Paqe 24 12-year-old boy, Mahmud Abu-Hoda, The riots started vrhen youths started stoning an IDF post inside the canp. Other serious cLashes were reported in Hebron aDd in other places in the west Bank, where a generaf strike ,as observed. A to-year-o1d boy was shot and seriously injured in Tulkarem camp. A youth was injured in Fawar canp near Hebron. (Ha'aretz, Jerusalem post. 10 August 1989) 73. 11 and 12 August 1989 - In a weekend of viotence five suspected colLaborators or persons accused of "irnmoral behaviour" were killed, and troops shot and killed a three-year-old girt (see table) and shot and wounded 18 others. Serious clashes, involving injuries, \,rere reported in Bethlehern (one youth seriousty injured), Beit Furik (a 19-year-old rnan seriously injured), yatLa (a 14-year-otd boy seriously injured) and BaLata (a four-year-otrt boy injured). In clashes in the Gaza Strip, nine residents $ere shot and injured, including two aged 52 and 58. Three villagers fron Tamun were injured when a bomb went off. A 15-year-o1d boy fron Yanun viI1age, Nasser Hassan Abahara, died of natural causes as he was escaping from soLdiers. Sources in the .tenin hospital confiimed the cause of the death was heart failure, (Ha'aretz, Jerusalen post, 13 August 1989) 74, 16 August 1989 - A second day of a generaf strike and a serious escalation in violence l^rele reported in the West Bank. The worst cfashes occurred in Nablus and nearby Askar carnp. Troops fired nany butlets, injuring four. two seriously: Nasser Kniri. aged 20, and Najla Anadi, aged 14 (!rho later died of her wounds - see table). Several other children alrd youths, including girls, were injured when the confrontation continued in the evening. In Nablus, Saial a-Dahil, aged 15, was injured in the head. Other people were shot and injured in Kabatiya and Beit Fajar, vthere riots broke out after the civil a&ninistration demofished five houses that had been built without a permit, Six people, including a 4o-year-old woman, were injured in clashes in the Gaza Strip, Two settlers from Kiryat Arba were slightty injured when their car overturned after being stoned in Halhul. In Jenin a curfew was in force for the fifth consecutive day. In Tulkaren and Nur Shans ca.rnps curfews were lifted after tvo weeks. Clashes with troops erupted immediately following the lifting. (Ita'aretz, ,Jerusalern post, 1Z Augusb 1989) 75. 21 August 1989 - A general strike was observed in the territories and rnany violent clashes r,rele reported. Three people were killed in the West Bank (see table) and a dozen were shot and injured - several seriously. Two Rafah residenls, Saber Sharnili, aged 30, and Alid el-Kader Bashti, aged 55, were seriousl-y injured by unidentified people for suspected collaboration. violent clashes involving in-luries caused by shooting were ieported in Takua, A-Ram. Dahiyat al-Barid (in Jerusalem), Beit lba, near Nab]us, here Mahrnut al-Kbatib, aged 17, was seriously irrjured. and Tulkarem camp where several children were shoL and injured. In connection with an incident in Bethlehem on 19 August 1989 in i'hich Radi Salah, 21. was shot and killed by soldiers posing as tourists. another youth injured in the sane incident, Sharif Zawahara. aged 19. told an Israeli Lawyer that he had been shot- in the 1eg from a distance of two metels by one of four "tourisEs" who had stepped out of two shops (and opened fire at masked youths who had stoned an army Patrol). Zawahara said he was then grabbed by the collar and 6hot in the other leg. Sotdiers hit him with a helnet and arrested hirn. Afler being beaten again he was taken to hospital. An IDF spokesrnan said that an autopsy performed on Am-i ad Jibril's body, and a reconstruction of events in the area, showed that he was Al44/599 English Paqe 25 not kilLed by the security forces. According to aubopsy findings at ttre Abu-Kabir forensic institute, Jibril had been shot at cfose range with a I mn buLLet, most probably fired flom a pistol. Jibril's father petitioned the High Court of Justice against reinternent of the body until it was examined by a pathologist chosen by the family. (Ha'aretz, Jerusalem Post, 22 August Lg89) 76. 22 Auqust. 1989 - The escaLation in vio.leace reportedly continued as three nore PeoPle were shot and killed in clashes (see tabte). Violent. clashes lrere reported in Tulkarem (where a youth aged L9 was injured when soldiers riding a comhandeered Arab car opened fire after it was stoned), Zawiya, Barta'a, Deir el-Balah and Gaza, where a seven-year-o.1d boy, Baraka al-Masri, of Beit Hanun, and a ss-year-old nerchant were shot and injured. Three local youths in Jabaliya who lrere collecting magnetic ID cards fron residents were shot and injured in unclear circumstances. (Ha'aretz, JerusaLen Post, 23 August 1989) 77. The fol.l.owing table provides details concerning Pal.estinians kiLled between I April and 25 August. 1989 in the occupied territories, and the circr.rmstances of their death as reported in various newspapers. The following abbrevations of the names of nelrspapers are used in the table: A1-Fair AT Attal ia H Ha ' aretz JP Jerusalem Post Place of Date Narne and age residence Rernark s and source 1 Apr. 1989 Akram Mustafa Eizaria, East Killed by a bullet in the al-Yassini,23 Jerus alem heart during a violent cLash, when he was allegedly about to throw a large rock at a soldie r . (II, JP, 2 Apr. 1989, AT, 6 Apr. 1989, Ar, 10 Apr. 1989 ) I Apr. 1989 Awad Farah Anar, 23 Hebron Died in hospital of wounds sustained two days earlier when he was aflegedly shot by locaL settlers. The Judea Region Police ltas investigating the case. (H. JP, 2 Apr. 1989; AT. 6 Apr. 1989; AF, 10 Apr. 1989 ) A/ 44/ 599 English Page 26 Pl-ace of Date Nane and age residence Renarks and soutce 3 Apr, 1989 Muhammad Isnail Al-knari canp Killed by a bullet in the al-Baba,20 heart by troops during a c1ash. (H, 4 Apr, 1989; AT, 6 Apr. 1q89; AF, l0 Apr. 1989) 6 Apr. 1989 Salem Ismail Ta'anra village Died in hospital of wounds Mubarak. 26 near Bethlehern sustained a week earlier, during Land Day, hen a border poLicenan chasing a group of youths shot him. (H, JP, 7 Apr. 1989, AF, 10 Apr. 1989; AT, 13 Apr. 1989) 9 Apr I989 Ahmad Muhalnmad Hebron Killed by a bullet in the Daoud, 63 heart by troops during a clash in Kaytun neighbourhood, allegedly afte! trying to attack a soldier with a pilchfork. (H, JP, L0 Apr. 1989; AT, 13 Apr. 1989, AF, 17 Apr. 1989) 9 Apr. 1989 Mabmud Diab Noaman Killed by a plasCic bullet in Nabhan, 13 village, Gaza the heart by troops after Strip dozens of youtbs thret4 petrol bonbs at sol.diers. (Ir, JP, l0 Apr. 1989r AT, 13 Apr. 198 9, AF, 17 Apr. 1989) 10 Apr. 1989 Khaled Yussef Je rusalem Shot and kil]ed by an Shawish,20 unidentified Jewi sh assailant dressed with IDF uniforn and armed with a sub-machine gun. (H, JP, 1l Apr. 1989, AT, 13 Apr. 1989) Al 44/ 599 Engl i sh Page 27 PIace of Date Nane and age residence Remarks and source 10 Apr. 1989 Janil Kanel Janil Hebron Kilted by troops who oPened Natshe, 22 fire at nasked youths who stoned them. (JP, 11 Apr. L989, H, 12 Apr. 1989r AT, 13 Apr. 1989r AF, 17 Apr. 1989) 13 Apr. 1989 Fuad Yussef Naj aj ra, Nahalin village Killed by border police 15; Sulhi Mahnud near Bethlehem during a serious clash Shakarna,22i follonring a raid carried out Mohammad Hassan at dawn. The bolder Dnaxarna, lJ; Klaq poLicenen opened fire afte r Mohanmed Ghayada. 28 being ambushed and attacked by dozens of stone-throwing youths , (I{, JP, 14 Apr. 1989, AF, 17 Apr. 1989, AT, 20 Apr. 1989) 13 Apr, 1989 Daoud Nasr Karaka, Bethlehen Died in hospital of wounds 18 sust.ained during a c.l ash with troops on 6 April 1989. (H, JP, 14 Apr. 1989; AF, 17 Apr, 1989, AT, 20 Apr. 1989 ) 14 Apr. 198I Bassel Mahmud Nablus Kilted by troops during a Ba'ara, 19 clasb at Ras ef Amud neighbourhood, (It, JP, 16 Apr. l-989, AF, 17 Apr. l-989, AT, 20 Apr. 1989) 14 Apr. 1989 Maher Nadi Shalbak. Jeni.n Died in hospiLal of wounds 13 sustained on I APril 1989 during a clash with trooPs. (H, JP, 16 Apr. 1989, AF, 17 Apr. 1989; AT, 20 Apr, 1989) A/ 44/ 599 Enql i sh Page 28 Place of Date Name and age residence Remarks and source 15 Apr. 1989 Imad Karaka, 22 Dheisheh camp Shot and killed in his house by tloops during a curfe\r. The incident was being ihi'a<+irA|-a.l (H, JP, 16 Apr. 1989, AT, 20 Apr. 1989; AF, 24 Apr. 1989 ) 16 Apr. 1989 Muhanmad Raba'i, 10 Seunu'a, south Killed by broops during a of Hebron stone-throlring incident. (H. JP, 17 Apr. 1989, AT, 20 Apr. 1989; AF, 24 Apr. 1989 ) 16 Apr. 1989 Nasser Kassas, 15 Dheisheh canp Shot and killed by troops as he stepped out of his house during a curfew. The incident r^'as being investigated. (H, JP, 17 Apr. 1989, AT, 20 Apr. 1989, AF, 24 Apr. l9B9) 16 Apr. 1989 Khafil al-Astal (or Khan Yunis Was killed by troops after Salim Khalil), 22 allegedly trying to stab a soldier with a knife while resisting arrest. (H, JP, 17 Apr. 1989, AT, 20 Apr. 1989; AF, 24 Apr. 1989 ) 17 Apr. 1989 Rafida Khalil Abu Dheisheh camp Kil]ed by troops during a Laban, 13 funeraL procession for a youth killed in the canp earlier. (H, JP, 18 Apr. 1989; Af, 20 Apr, 1989,' Af, 24 Apr. 1989) A/ 44 / 599 English Page 29 Place of Date Name and age residence Remarks and source 17 Apr. 1989 Fares Salha. 56 Jabaliya Dieil in hospitaf of wounds sustained on 27 March 1989, when he was severely beaten by troops. The death was being investigaeed. (H, JP, 18 Apr. 1989t AT, 20 Apr. 1989r AF, 24 Apr. 1989 ) 1? Apr. 198 9 Riyad Hassan SaIana. Jabal iya ShoE and injured by trooPs 13 during clashes that eruPted following news of Fares Sa1ha's death. Died in hospital of loss of blood. (H, ,lP. 18 Apr. 1989) I8 Apr. 1989 Nadira Boulous, 43 Nablus Stabbed to death bY masked youths. Was al legedly suspected of coll,aboration with Israef. (H, JP, 19 Apr. 1989) 18 Apr. 1989 Kanal- Iyad, 18, and zeitun Kilted by unidentified his nother Rebecca, neighbourhood, assailants. Were alleqedly 45 Gaza suspected of collaboration with Israel. (H, JP, 19 Apr' 1989) 20 Apr , 1989 Ibrahi.rn Mabnud Khan Yuni s Shot by troops after throering Abu-Shahna, 17 a petrol bomb at then. Dietl on his way to hospital. (H, JP, 21 Ap!. 1989; AF, 24 Apr . 1989; AT, 27 Apr. 1989 ) 21 Apr. 1989 Muslem Muhanmad I rtas vi llage Beaten to death by rnasked Shahin,40 assaifants. Was al.legedlY suspected of col laboralion with rsrael. (H, JP, 23 Apr. 1989) A/ 44 / 599 Engl ish Page 30 P1ace of Date Nane and age residence Remarks and source 2t Apr. 198 9 walid Najajra, 23 Nahalin Died in hospital of wounds sustained on 13 Apr, 1989 during a serious clash lrith border pol icemeD. (H, JP,23 Apr. 1989, AF, 24 Apt . 1989; Aa, 27 Apr. 1989 ) 22 Apr. 198 q Mahmud Ismail Abu Bani Suheil-a Shot by troops during a clash Daka,20 vilLage, caza and later died in hospital. Str ip (H. JP,23 Apr. 1989; AT, 27 Apr. 1989 ) 22 Apr. 198 9 Ahned al-Batu, 35 Jaba', near Killed in nearby Zababdeh Jenin village after he shot at a vilLager. was al1egedly suspected of collaboration with Israel. (H, 24 Apr. 1989) 24 Apr, 1989 Atn jed Manani, 20 or Deir Sudan Killed during a raid on the z2 Ranallah village. Troops reporteally opened fire at three fleeing suspects who faifed to obey uoras Lv sLvl,r (H, ,tP, 25 Apr. 1989; AT, 27 Apr. 1989, AF, I May 1989) 25 Apr. 1989 Khafed Mussa Rafah (illeil in uncl.ear Irnailat,24 circunstances, According to Arab sources, he was shot by sotdiers as he was uaiting for a taxi. An IDf spokesnan said no sofdiers' shooting $as invol.ved in tlre incident. (AT, H, JP,27 Apr. 1989, AF, I May 1989) 26 Apr. 1989 Isam Onar Hassan. I Tulkarem camp Shot dead by troops ,ali spe rs ing demonstrators. (aa, E, .tP, 27 Apr. 1989, Ar, 1 May 1989 ) A/ 44/599 English Page 3L Place of Date Nane and age residence Renarks and source 26 Apr, 1989 Amal Mahmud Hussein, Shati canp A girl. Was shot in the head L7 arhen troops dispersed demonstraiors. (AT, H, JP, 27 Apr. 1989, AF. 1 May 1989 ) 26 Apr. 1989 Sharif al-Khat.ib. Sabra neighbour- Killeil by troops during a L6 hood, caza clash. (AT, E, JP, 27 Apr. 1989t AF, 1 May 1989 ) ' 26 Apr. 1989 Aaarn Fathallah Nablus Killetl by masked assailants al-Kadi, 21 for alleged collaboration with IsraeL. ( H. ,JP, 27 Apt , 1989 r AF, 1 May 1989 ) 26 Apr. 198S Faik Sabri Arar, 40 Ras-Attiya Killed by nasked assaifants vi1lage, near for alleged collaboration Kalkilya lrith Israel. (H, JP, 27 Apr. 1989) 26 Apr. L989 Fayez Barbakh, 51 Khan yunis Killed by masked assailants (or Mahrnud for alleged coflaboration Abu-Marhaban) with Israel. (Ir, JP, 27 Apr. 1989) 26 Apr. 1989 Onar Hassan zakut Buleij canp Killed at Ketziot detention camp by another inmate for afleged collaboration with prison authorities. (Ir, JP. 27 Apr. 1989) 27 Apr. 1989 Ali Said Sajai'ya caza Killed by troops during a af-Gharbal.i,32 clash. (8, JP, 28 Apr. 1989, AF, L May 1989; AT, 4 May 1989) 27 Apr. 1989 Ashraf Sanir Id. 15 Tel-Sultan, Killed by troops during a Rafah c I ash. (Il, JP,28 Apr. 1989, AF, 1 May 1989, AT, 4 May 1989) A/44/599 English Page 32 Place of Date Narne and age residence Rernarks and source 27 Apr. 1989 Imad Muharrunad Askar camp, Killed by troops during a Itarbiya,20 Dear Nablus clash. (H, JP, 28 Apr. 1989, AF, L May 1989; AT, 4 May 1989) 28 Apr. 1989 Karnal Sa1eh Abu Nabfus Killed by an assailant for Zant,43 aLteged collaboration with Israel. (H, JP, 30 Apr. 1989) 29 Apr. 198 9 Nader Nain Da'na, Hebron Died in hospital of wounds 16 sustained the previous day. wheD a settler opened fire at stone-throwers. The seteler, from Kiryat -Arba, was detained. (I{, JP, 30 Apr. 198St AT, 4 May 1989 ) I May 1989 Saner Muharnnad Tulkarem camp Died in hospitaf of rrounds Mere'i,9 sustained on 26 April 1989 when troops opened fire at denonstrators. (H, 2 May 1.989r AT, 4 May 1989, AF, I May 1989) I May 1989 Ahed Ranini Zaidan, Ramiu, near Stabbed to death by JU Tulkarem uflidentif ied assailants for atleged collaboration with Israel. (H, JP, 2 May 1989r AF, I May 1989 ) 4 May 1989 Taysir Na'asan, 27 Mughayir, near Shot by unidentified Ranallah assailants for aLl,egeal collaboration with I s rael. ( JP, 5 May 1989) 4 May 1989 A.tunad Hushiyeh, 21 Yatta Shot by troops when he ran an IDF roadblock in a stofen car. The incident occurred at the Nehusha junction, on the Green Line, south of Hebron. (JP, 5 May 1989, AF, I May l-989, AT. Ll May 1989) A/ 44/ 599 English Page 33 Place of Date Name and age residence Renarks and source 5 May 1989 Mil.ad Anton Shahin, Bethtehen Killed by troops during a 13 clash with viofent dernonstrators. (H, JP, 7 May 1989, AT, 11 May 1989r ar, 15 May 1989) 5 May 1989 Hassan Ghanen (or Khan Yunis Stabbed to death by Hassan Marub unidentified assaiLants for Haidak), 27 alleqed collaboration. (H, ;P, 7 May 1989) 6 May 1.989 Muhaflunad Abdaltah Nuseilat canp, Killed by troops during a Zakut, 40, and caza Strip viofent confrontation. Muhatnrnad Ra'id (H, JP, 7 May 1989, AT. Mu'nis, 20 11 May 1989, AF, 15 May 1989) 6 May 1989 Id Salanu Sa'ud, 23 Khan Yunis Shot in the chest and killed in unlnown circumstances. An IDF spotesman said he was not aware of the death. (tl, JP, 7 May 1989, AT, 11 May 1989 ) 7 May 1989 Mahnud Deif AlLah Rafah Died after being exposed to Al Arja, 23 tear-gas funes. (AT, 11 May 1989 ) 10 May 1989 Abd al-Fatah Salfit Kitled by troops during a Shahin, 29 clash, (AT, H, JP, 11 May 1989r AF, 15 May 1989) I0 May 1989 Muhannad Satni Kadura, Kilted by troops during a a]-Liftawi, 17 Ranal.lah denonstration. (AT, E, JP. 11 May 1989; AF, 15 May 1989) 10 May 1989 Faiz Ismaif Mussa, Khader, near Killed by troops as he was 24 Bethlehen about to throw a petrot bomb at them. (H, JP, 11 May 1989, AF, 15 May 198q, AT, 18 May L989) A/44/599 English Page 34 Place of Date Nane and age residence Remarks aud source 1l May 1989 Salmi Abu Kaff, 17 ltebron Kitted by troops during a clash in wadi Haniya area. (H, JP, 12 May 1989; AF, 15 May 1989; AT, 18 May 1989) 1r May 1989 Kha]ed Jadallah, 17 Sheikh Radwan. Killed by troops when he Gaza violated a curfew. (H, JP. 12 May 1989; AF, 15 May 1989; AT, 18 May 1989) 12 May 1989 Muhannad al-Akra, Sheikh Radwan, Killed by troops shooting at 24 caza curfew vioLators. The IDF reported no troops had been operatiDg in the area of the incident. (H, ,tP, 14 May 1989; AT, 18 May 1989) 13 May 1989 Hassan Odeh, 60 Kafr Thilth stabbed to death by masked youths for al leged collaboration. (H, .rP, 14 May 1989r AT, 18 May 1989, AF, 22 May 1989) 14 May 1989 Ibrahirn Abdel Hafiz Salfit Killed in a car accident Nasif, 29, Nimr involving an Israeti nilitary Ghaleb Ninr AI vehicl.e. Harim, 15 (AT, t8 May 1989, AF, 22 May 1989) t5 May 1989 Fadel Ahmed Hanadi, Khan yunis Kil1ed by troops during a 40 cfash. (H, 16 May I989, AT, 18 May 1989; AF, 22 May 1989) 15 May 1989 Muharunad Jibrin, 45 Jenin Died in hospital of wounds sustained a fortnight earfier, when soldie rs aLlegedly beat hin on the head. The IDF reiected the allegation. (H, 16 May 1989r AT. 18 May 1989; AF, 22 May 1989) A/ 44/ 599 English Page 35 Place of Date Name and age residence Remarks and source t5 May 1989 Aisha Abu-Shawish, Khan Yunis Stabbed to dealh for 50 suspecEed collaboration, (JP, 16 May 1989 ) 15 May L989 Husam Shaker, 18 Khan Yunis Strangl.ed to death by unknown persons. His body was found tied to a tel.ephone pole. ( JP, 16 May 1989) 15 May 1989 Ahned lblahin Al Khan Yunis Stabbed to death. Fakawi, 19 (AT, 18 May 1989, AF, 22 May l-98 9 ) 16 May 1989 Yassin Nihad Nablus Killed by troops during a al-Nabul.si.21 cl. ash. (H, 1? May 1989, AF, AT, 18 May 1989 ) 16 May 1989 Yasser Mahnud Faluni Beit Luhiya, Killed by troops during a (or Darini), 13 caza Strip clash in JabaLiya camp. (H, 17 May 1989, AF, AT, 18 May 1989) 16 May 1989 Moharnned Ali Jaber Araba Died fron wounds sustained three days earlier when an Israeli policeman shot at hirn. (AT, 18 May L989) 17 May 1989 Onar Yussuf Bayar, Jalkamus Shot in the centre of Jenin 42 vill.age when the driver of an Israeli truck fired at 6ione thro$ers. (AT, It, JP. 18 May 1989; AF. 22 May 1989) 17 May 1989 A1a olnar .Iibril, 15 Askar camp Killett by troops during a c1ash. (H, JP, 18 May 1989; AF, 22 May 1989 ) I8 May 1989 Umran Jib Jana, j.n village Killed by troops during a al-Umayer. 20 c f ash. (H, JP, 19 May 1989t AF, 22 May 1989 ) A/ 44/ 599 English Page 36 Place of DaLe Name and age res idence Remarks and source 18 May 1989 ALi Mallnud Azghari, Dheisheh camp Died in hospital of lrounds 18 sustained duriuq a cfash on 10 May 1989. (H, JP, 19 May 1989, AF, 22 May 1989 ) 18 May 1989 Mohamed Hussein Abu Nuseirat camp, Killed by troops during Ghula, 22 caza Strip clasbes. (.lP, 19 May 19 89; AF, 22 May L989 ) 19 May 1989 Ali Abdultah Khader Died in hospital of lrounds Hussein. 18 sustained in a clash on 10 May 1989. (JP, 19 May 1989, AF, 29 May 1989) 19 May 1989 Nuzni Abu Khatfa, Shabura Killed by troops du! ing 12, Jihad Ibrahim neighbourhood, violent clashes which broke a-Shinali, 17. Rafah out after 15 days of Ahmad Arram, 17, consecutive curfew. as Shafik Abu Lule, residents attacked troops in 23, Abd Abu Sha'er, protest against the refusal 31, fatima aI by the authorities to aflow Hanayda,50 disLribution of flour and cookinq gas. (H, JP. 21 May 1989, AF, 22 May a989) 21 May 1989 Haitham Ali Arikat, Abu Dis Killed by troops during a 16 c I ash. (I{, JP. 22 May 1989; AF, 29 May 1989 ) 21 May 1989 Issam Hamed Akel, Nuseirat canp Killed by troops during a 18 clash. (H. JP, 22 May 1989; AF, 29 May 1989) 22 May 1989 Abd af-Aziz Zabadi, Hartha village, Killed by a stone thrown at 42 near Dura his car near Kiryat-Gac. southern Israel. The stone llras thrown f rorn a moving car. (H. JP, 23 May 1989) A/44/599 English Page 37 Place of Date Name and age res idence Renarks and source 22 May 1989 Walid Mus t apha Dur Al Kari Died in hospitat after havirg Ibrahi.rn Hus se i.n been severely beaten by Israeli sofdiers on 18 May 1989. ( AF, 29 May 1989) 24 May 1989 wallo uarwlsn. J9 Beit Jala Killed by unidentified assailants for al leged collaboration and drug-dea1ing. ( JP, 25 May 1989) 25 May 1989 Khal.ed Atawneh, 20 JabaLiya carnp Killed by troops during fierce clashes. (H, JP, 26 May 1989, AF, 29 May 1989; AT. I June 1989) 28 May 1989 Imad Zughayer, 18 Ilebron Died in hospital of wounds sustained in a clash with troops on 17 May 1989. (H, JP, 29 May 1989; A1, 1 June 1989 ) 28 May 1989 Hussein Abu-Odeh. Khan Yunis Kilted by four masked youths 37 for alleged collaboration ' (H, 29 May 1989 ) 29 l"lay 1989 Ibtisan Buziyeh, 16 Kifl Harith Killed when settlers coming village near fron the tomb of Joseph Nabl.us Yeshin enlered the vi llage and opened fire at PeoPfe and proPerEy. several setelers were arrested. (H, JP, 30, 3t May 1989; AT, I June 1989 ) 29 May 1989 Issam Odeh, 25 Taf v i.l I age Killed by settLers as he near Nablus drove his tractor. IDF spokesmen said no trooPs had been in the area. (JP, 30 May 1989, AT, I June 1989 ) A/ 44 / 599 Engl ish Page 38 Place of Date Name and age resideace Remarks and source 31 May 1989 Ahmeat Abd er.-Rahma! Khan yunis canp Kirlea by troops during a Khatab, 20 ct ash. (AT, H, Jp, I June 1989; AF, 5 June 1989 ) 31 May 1989 Mahmud aL-Farjani, Khan yunis catnp Died in hospitaf from 16 injuries suitained on 14 May 1989. (AT, H, JP, 1 June 1989; AF, 5 June 1989) 31 May 1989 Mahnud lbrahim Nuseirat canp Died in hospit.al from head Nawas (18) injuries sustained the day before, when he was hit by a metal-marbLe. (AT, H, JP, 1 June 1989) I June 1989 Khaled Mustafa yabed. near Killed by unident.ified Itirzaffah, 17 Jenin persons. glas known as a collaborat.or with the security services. (H, Jp, 2 June 1999) 2 June tg89 Eyman Mansur Sbeih, Rafr Ra,i, near Shot by troops during a clash 18 Jenin fol.Lowing an attack on the house of a suspected collaborator, (H,4 June 1989) 4 June 1989 yussuf al_Naba'in, Sabra Shot by troops during a 20 neighbourhood c l ash. in Gaza (H, Jp, 5 June 1989) 4 June lg89 Khafed at-Natur, 22 Silwaal Died in hospital of iajuries sustained on 28 May 1989 during a clash with tloops. (H, JP, 5 June 1989) 6 June 1989 Jamaf Hafez Beit tahiya, iD Shot by troops during a Suleiman, 22 the caza Strip clash. (H, JP, 7 June 1989) 6 June 1989 Salem at-Atawna, 14 Nuseirat camp, Died in hospital of injuries the caza Strip suscained on 5 June 1999 during a clash with troops. (JP. 7 June 1989) A/44/599 Engl ish Drda ?A Place of Date Name and age res idence Renarks and source 7 June 1989 Samir Abu Ras, 30 Nablus was &illed with hatchet blows by unidentified assailants fo! all"eged collaboration with Israel ' (H, JP, 8 June 19B9) I June 1989 Taleb Yanin, 55 Nablus Died in hospital of injuries sustained on 1 June 1989 vhen unidentified persons shot hirn in Lhe head for alleged collaboration with Israel. ( JP, 1l- June 1989) I June 1989 Sayel Sawa1ha, 48 Asira KiLled bv an unidentified A-Shinaliya assailant. Was known as a "midalleman" betvreen the authorities and Loc af resideuts. (JP, 11 June 1989 ) I June 1989 Ghaleb Sa.nihna, 11 Nablus Shot by troops during a c1ash. (H, JP. 11 June 1989) 9 June 1989 Riad Salhab, 23 Bebhlehen Shot by troops during a cLash near Manger Square. (H, JP, 11 June 1989) 10 June 1989 dfrifruai ziad Rabah Jabaliya canp, Shot by trooPs after youths Awad, 8 the Gaza Strip violated a curfert and atEacked a patrol vtith stoDes aDd iron bars. (H, JP, 11 June 1989) 11 June 1989 Muhanmad Said Jabaliya camp Died in hospital of injuries Lubbad. 16 sustained the Previous day during ctashes with trooPs. (H, JP, 12 June 1989) 11 June 1989 Musa Sham'a, 17 Jabaliya canp Died in hosPital of injuries sustained the Previous day during clashes witb troops. ( JP, 13 June 1989) A/ 44 / 599 Engf i sh Page 40 Place of Date Narne and age residence Renarks and source 14 June 1989 Hasan Ashur, 35 Sheikh Radwan, Xilled by unidentified Gaza persons for aL leqed iollaboration wif.h rsrael. ( JP, 15 June 1989) 15 June 1q89 zuhdi al-Inan, 52 Khan yunis Was stabbed to death in Rafah for al Leged collaboration vrith Israe1. ( JP, 16 June 1989) 16 June 1989 walid Abu Ubeid, Rafah Killed by Eroops dur ing 22, Anin Nasser, clashes. 29, Ahmed Abu Awn. (H, \tP, 18 June 1989) 17 June 1989 Akram a1-Hanuni. 21 Khan yunis Shot by troops during clashes. (H, JP, 18 JuDe 1989) 18 June 1989 Safah Ra'id Nablus Kil1ed by troops after al-Bahsh, 17 allegedty refusing to shor,r his identity card and hitting a soldier before running away. The so ldiers opened fire afte! he ignored aD order to stoP. (H, JP, 19 June 1989) 18 June 1989 Mahdi Jamus, 19 Nablus Shot by troops during a clash. (JP, 19 June 1989 ) 18 June 1989 Safah Matunud Gaza Shot by unidentified al-Makadneh, 50 assailants who opened fire at an Israefi officer working at the Gaza civil administration. (lI, JP, 19 June 1989) 20 June 1989 Sarnir Mahmud Ali, Gaza A prisoner in Ketziot 19 detention carnp. Killed by aDother iDnate for afleqed collaboration. (It, JP, 21 June 1989) A/ 44/ 599 English Page 4l Place of Date Nane and age residence Remarks and source 20 .lune 1989 Fawzi al Ma'adi, 30 Khan Yunis Stabbetl to death by unidentified assaiLants for al1e9ed cottaboration. (It, JP, 21 June 1989) 21 June L989 Hassan Baker Kira vi I lage, Shot in the head by an Shar'ub,55 near Nabfus unidentified assailant for alleged collaboration. (tl,.lP,22 June 1989 ) 22 June 1989 Abdel Rauf Haned, Silwad, near Shot by troops during a raid Rarnal lah on the village as be alLegedLy tried to escape fron soLdiers. (Ir, JP, 23 .tune 1989) 23 June L989 Aaiz Hamis .Arar. 20 Karawa Bani KiLled in unclear zeid near circunsbances during a clash Ramal lah between settlers and Palestinians. Eleveu settlers were detained for questioning. ( Il, JP, 25 .tune 1989) 23 June 1989 Mohanmad,tadallab, Shati camp A prisoner i.n Ketziot 22 detention canp. was straDgled to death by another inmate for alfeged cotLaboration. {,lP, 25 .tune 1989 ) 23 June 1989 Ayman al-Muhtaseb, Ilebron Shot by troops during a 25 clash after Friday prayers. ( JP, 25 June 1989) June 1.989 Yussuf AbdeL (arin Xhan Yuni s Shot by troops during a al-Farra, 2g clash. (H, JP, 26 June 1989) 25 June 1989 Nidal Salhub, 21 Nablus Killetl by unidenEified persoDs for alleged collaborat.ion. (H, JP, 26 June 1989) A/ 44 / 599 English Page 42 Place of Date Nane and age residence Remarks and source 26 June 1989 Sabah at Kadi Nablus Killed by unideDtified Kana'an, 30 persons f,or alleged collaboration. (H, JP. 27 June 1989) 27 June 1989 Tarek Salah Awad, Idna Died in hospitaf of injuries l7 sustained on 24 June 1989 during a clash with troops. (8, JP, 28 June 1989) 27 June 1989 Mahnud Sa,id, 18 Sajai,ya, caza Died of beatings by Gaza residents who suspected hin of collaboration. (H, 28 .Iune 1989) 27 June 1989 Muhannad Abu Jala, Mughazi camp, Both detainees at the Ketziot 24, ALi al-Qassas. Nuseirat camp detention canp. Rilled by 30 another detainee ,,in an act of revenge", (H, JP, 28 June 1989) 28 June 1989 Muharuned Ahned Jabaliya camp, Killed by troops during a Hassan Abu Nasser, Gaza clash. Was a member of the 38 Denocratic Front (DFLP) and led the group thar kidDapped Uni t.ed States citizen Chri. s George several days earlier. ( H, .tP, 2 9 June 19 89 ) 2 JuIy 1989 Khalil Ar,rad Idna, near Shot by troops during a raid a.l-Butran, 12 Hebron on the vifl.aqe. (H, JP, 3 Juiy 1989) 4 July 1989 Ismail Wa,el Nuseirat canp Shot by troops during a al-Kur, 20 violent clash. (H, JP, 5 July 1989) 5 .luly 1989 Khaled Mahnud Beit Lid Died in hospitat of injuries Ha.rnada, 20 village in sustained the previous $eek "Samaria', rrhen he was shot by croops during a raid. (H, 6 JuIy L989) A/44/599 English Page 43 Place of Date Name and age residence Remarks and source 5 July 198 9 JaniL llasan Nablus I(i11ed by unidenti fied a]-Kaduni, 32 persons for susPected collaboration with I s rael. (H,.tP, 6 .Iuly 1989) 6 July 1989 Airnan Badran. 12 Askar camp Shot by troops and later died of his grounds in hospital . (H, 7 July 1989) 6 July 1989 AlraDi SalraLha, 30 Nablus Died in hospital of $ounds sustained on 16 June 1989 rfhen troops shot at him as he was trying to evacuate injurecl persons in an ambuLance he was driving. (H, 7 .Iuly 1989) 6 Juty 1989 Hussarn Atuned Harnad, Khan Yunis Di€tl in hospital of nounds 18 sustained two days earl ier when troops shot him during a violent cLash. (H, JP, 7 July 1989) 7 July 1989 Ismail al-Harush, Yatta shot and killed by 5l unidentified persons for alleged cotlaboratioD. (H, JP, 9 July 1989) 7 July 1989 Ali Hanad Ashtiya Salem uear The village Mukhta!. Died of Nablus vrounds sustained the previous day when unidentified persons shot him in the head, presrr.rnably for suspected colfaboration. (H, 9 July 1989) I July 1989 Iyad Zaki Abu Rafah Shot. by troops during a galwan, 18 violert c 1ash. (H. JP, 9 July 1989) I July 198 9 Ahmad Yahya, 45 Kafr a-Ra' i, Killett by unidentified near Jenin persons for allegeal coLLaboraCion. (H. JP, 9 .Iu1y 1989) A/ 44 / 599 Engl. i sh PLace of Date Name and age re s idence Remarks and source 8 July 1989 Mustafa Sa'acl, 42 Sajai'ya, Gaza Killed by unidentified persons for al leged coflaboration. (H, JP, 9 July 1989) I July 1989 Jawal Nas se r Gaza Ki1led when lhe car he was Shanek, 31 driving near Netivot, southern Israef, was hit by a rock thrown from an Israeli car. He was hit in the head and later died of his injuries in hospitaf. (H, JP, 9 July 1989) I July 1989 Aiman Janil Hamad, Ramin, near Shot and killed by troops 20 NabIus during a violent c I ash. (tl, JP, 10 July 1989) S July 1989 Fayez Taher Yussef, Ma'da.na, near Shot aud killed by troops. 21, Nablus (n, JP, 10 July 1989) 10 July 198 9 Yasser Abu Kutaish, Beituniya Shot by security forces vrhen 17 (or Abu chosh) he refused to obey an order to scop in the centre of Ramallah. He had been wanted for four months. (H, .tP, 11 JuIy 1989) 10 July 198 9 Raja Muhaflmad. Na'al-in Shot by troops during a Saleh, 17 demonstration lrhich f ollowed Abu Kutaish's funeral. (H, JP, 1l July 1989) 10 July 1989 Rani Mustafa Bureij camp Shot by troops during a ar-rarrIr, I5 vioLent c 1ash. (H, JP, 11 July 1989) 10 July 1989 Mahyub Musa Shuman, Khirbat Abu- Died in hospitat of injuries Fa.I1ah, near sustained lhe previous day Ramall.ah when troops opened fi re during a raid on bhe village. (H, JP, 11 July 1989) A/ 44/ 599 Engli6h Page 45 Place of Date Nafie and age res idence Rernarks and source 10 July 1989 Ainan Awaatallah, 13 Rafah Died in hospital of injuries sustained the previous day when troops opened fire during a violent c 1ash. (H, JP, 11 July 1989) 11 JuIy 1989 Sha}er Mahnud Zeitun, Gaza Shot and killed by three Ifasun,28 unidentified persons, presumably for suspected co l.l,abo ration. (H, 12 Juty 1989) 12 ltuly 1989 Muhanrnad Majed Hebron Shot by troops after he was Abu_Harnadiya, 16 seen thro inq stones at a DUS . (H, 13 July 1989 ) 13 July 1989 Riaal Salern A1i Khan yunis camp Shot by troops after he shakra. 1g attacked an rDF -togetnerDatrol with knives and axes with another masked youth. (H, JP, 14 July 1989) 14 July 1989 Mahrnud a]-Masri, shabura, Rafah Kirled by r.iniclentified 26 persons for af leged collaboration, (H, 16 Jury 1989 ) 15 July 1989 Muhannad Yussef KalLilya Killed by unidentified people Khader, 60 for al.leqed bad norals and coltabor;tion. (H, 16 July 1989 ) 15 July 1989 Nasser Subhi Mussa, Khan yunis canp Shot by troops during a 18 violent c I ash. (H. JP, 16 July l-989) 15 July 1989 Sha'er Abu Hay, L4 Jabaliya camp Shot by troops during a violent clash. (H, JP, 16 July 1989) 16 Jury 1989 Ilussein Muhannad Daraj, Gaza stabbed to death by dozens of Shahin, 39 persons for alleged colLaboratioD. (H. JP, 17 July 1989) A,/ 44/ 599 Engl ish Page 46 Place of Date Nalrle and age residence Renalks and source l8 July 1989 Bassem Faruk Khan Yunis camD Shot by troops during a al-,Jaabari, 14 violent c I ash. (t{, JP, J.9 July 1989) tg July 1989 Iyad Abd al -Fatah Rafah carnp Died in hospital of injuries al-Babli, 12 sustained during a clash with troops on I July 1989. (n, 20 July 1989 ) 19 July 1989 Samir a1-Akras. 17 EeLE llq Shot by troops during a raid vi l lage on the vi llage. (H, 20 July 1989 ) 19 Juty 19 89 Khader Ali Jazara Jenin carnp Shot by trooPs after he altacked a border policeman. He had been lranted by the security Services. (H, 20 ,tuly 1989 ) 20 JuIy 1989 Tarek Imran, 17 Burin, near Shot by troops during a raid Nablus on the village. (H, JP, 21 July 1989) 24 July 198 9 I{amed Yussuf Arraba vi l- lage Shot by trooPs during a Atada. 22 near Jenin violent c 1ash. (H, JP, 25 JuIy 1989) 24 July 198 9 Rizk ,tundiya, 44 Saj ai ' ya Shot and kiLled by unideltified persons, Presunably for susPected coll,aboration. ( H, ,JP, 2 5 July 1-989 ) 25 July 1989 Fawzi I srnail Shabura, Rafah Died in hospitat of injuries a1-Lidawi, 20 sustained the previous alay during a violenc clash with !roops. (H. JP, 26 July L989) 25 July 1989 Bashir Sal.em Saj ai ' ya Murdereal by his cousin, Abd e]-Ghani Saleh Sauda, for al,leged co l laboration. (H, 27 Jury 1989 ) a/ 44 / 599 Eng.l ish Paqe 47 Place of Dabe Name and age residence Rernarks and source 27 July 198 9 Muhanrnad Safuri, 21 Tulkarem canp Shot by troops during a viol.ent c l ash, (II, JP, 28 July 1989) 27 July 19 89 Ali Faluha, 79 Gaza KiLled when a border police jeep ran over him in the city's nain street. (H. 28 July 1989) 27 July 198 9 Khaled Abadin. 23 Khan Yuni s Killed by unidenti fied persons for afleged co 1]aboration. (H, JP, 28 July 1969) 28 July 1989 Walid Barud, 23 Shati camp Ki1led by unidentified persons for al leged collaboration and inmoral conduct. (H, JP, 30 July 1989) 29 Ju).y 1989 Iyad Abdal lah Ras Karkar Shot by troops during a raid. Nofa1, 17 (H, JP, 31 Jury 1989) 30 July 1989 Ahned Abd el Fatah Beit Lid Dietl in hospital of injuries Ghanem, 18 sustained on 15 June 1989 during a cfash with troops. ( H, .tP, 3 r lruly 1989 ) 30 July 1989 Faruk Muhafirnad Ata, Tulkarem camp Died in hospital of injuries z5 sustained on 15 July 1989 during a clash with troops. (H, JP. 31 July 1989) 30 July 19 89 Kalnel. Abd el-Sulajn Beat.en to death by al,-Nimnim.3O unidentified persons for al.Leged co]1aboration. (H, JP, 31 eiuly 1989) 30 July 1989 An unident.ified Shot and killed by a settler Gaaa Strip resident from Rafiah-Yam, named as David Shetivi, after the settler ' s car was stoned near Beit Lahiya. The setller i,ras detained. (H, JP, 31 July 1989) A/ 44/ 599 English Page 48 Place of Date Name and age residence Remarks and source 31 July 198 9 Sultan Abu MusaLan, Balata camp Shot by troops during a 12 clash, Military source s said he was about to drop a brick frorn a roof top on a border pol.iceman. (H, JP, I Aug, 198q) 31 July 1989 Mabmud Yassin Bureij calnp Shot by tloops during a al-faraj, 15 violent cl.ash. (H, JP, 1 Aug. 1989) I Aug. 198 9 Janil Muhaflnad Jabaliya, caza Killed by unidentified people Shehadeh, 30 for aLleged co l laboration. (H, JP, 2 aug. 1989) 4 Aug. 19 89 Ziad ef-Bana, 28, Gaza City Both irunates in the Ketziot Ahned aI-Jeistr, 32 Bureij, caza detention canp, killeat by another irunate, Mahnud I zat Ali Sha'aban, who confessed to the act. (H,.tP. 6 Aug. 1989 ) 4 Aug. 198 9 Abdallah Niner Zibad vi llage His body was found near the Darwi.sh (or Ahned village of zibad, south of Hassan Hamad), 39 Tulkarern. He was choked to death. The kill.ing was rePortedly motivated by suspicions that he was a coll,aborator. (H, JP, 6 Aug. 1989) 6 Aug. 1989 Fayea Ayesh Nas r, Jabaliya, caza Shot by troops during a clash 12 (or Fayez vrith stone tbrowers. a]-Nidr, 15) (H, JP, 7 Aug. 1989) 6 Aug. 1989 Munis Faris, 16 Khan Yuni s Died in hospitaL of heaq wounds received in a clash with troops oD 2 August. (.tO, 8 Aug. 1989) 7 Aug. L989 Naj i Abu Asi, 25 Khan Yunis Died in hospital of sta-bbing wounds received the previous day by unidentified nasked nen for allegetl coLlaboration. (H, JP, I Aug. 1989) A/44/599 English Page 49 Place of Date Name and age res idence Remarks and soulce 8 Auq. 198 9 Muhammad Alawna Burkin. near Killed by troops during a (or Masada), 20 Jenin raid. (H, JP, 9 Aug. 1989) 9 Aug, 1989 Bawi Abu-Barak Rafah Killed in uncLear circumstances. His body, bearing narts of violence, was discovered ilr a depot belonging to UNRWA. (H, JP, 13 Aug. 1989) 9 Aug. 1989 Yussuf Raj Salaneh, Shati canp, Both $ere killed by troops 8, and Ali Muhanmad Gaza duriDg a violent c J, ash. Khalii (or ziad (H, JP, 10 Aug. 1989) Mahnutl Banyat), 23 9 Aug. 1999 Nida] Ibrahim Misk. Hebron Believed to have been killed by settlers lrho were travelling in a bus that t,ras attacked by stone throtrers. The case was under investigation. (lI, 10 and 11 Aug. 1989) 10 Aug. 1989 Samer Nazih Kanal Nablus Beaten to death by unidentified people for alleged "immoral behaviour" and use of alcohol. (H, JP, 13 Aug. 1989) 10 Aug. 1989 Muhanmad Ta fik Bizariya Killed by troops during a Hassan. 16 viLlage, near cLash. Nabfus (H, 11 Aug. 1989 ) 12 Aug. 1989 Buthana Adib Hadj i, Khan Yunis camp A baby girl, she was killed 3 when t.roops opened fire at stone throere r s . (H, JP, 13 Aug. 1989) L2 Aug. 19I9 Janal Ata Bidya village A teacher rnurdered by nasked al-Khatib,30 men for alleged co-operation. (H, JP, 13 Aug. 1989) A/ 44 / 599 English Page 50 Place of Date Name and age res idence Renarks and source 12 Aug. 1989 Murshid Hussein Askar canp Kil1ed by four masked rnen in al-Kneiri,55 the centre of Nablus. was knorrn to be a collaborat-or. (n, JP, 13 Aug. 1989) 12 Aug. 1989 Mustafa Abu Nuseirat, Gaza His boaly $as found in his Baharashi (or Abu car. Had been shot in the Hajar), 32 head. Was known to be a collaborator. (H, JP, 13 Aug. 1989) 13 Aug. 1989 Fayez Abu Ubeid. 13 Rafah Died in hospital of injuries caused by steel narbles sustained on 12 August during a clash with trooPs. (.IP, 14 Auq. 1989 ) 15 Aug. 1989 Atmed Abd el-Halek Far'a canp Died in hospitaL of injuries Ayub, 23 sustained the previous day during a clash with troops. (H, JP. 16 Aug. 1989) 16 Aug. 198I Shadi Darwish, 25 Beit Jala Was killed by security personnel who spotted hin, arned with a sub-machine -gun, rear Idora in Mount Hebron. He lras wanted since May 1989. lrheD he escaped from Ilebron jail where he was detained on suspicion of several security off,ences. (H, JP, 18 Aug. 1989) 18 Auq. 19 89 Abd el-Rahin Awad. Lakef vil lage, The local mukhtar. was shot uz near Tulkarern and killed by unidentified persons for al leged col laboratioD. (H, 20 Aug, 1989) 18 Aug, 198 9 Sha'aban al-Siksik. Rafah Shot and killetl by troops 50 during a violent c f ash. (H, JP, 20 Aug. 1989) A/ 44/ 599 English Page 51 Place of Date Nafie and age residence Remarks and source 18 Aug. 198 9 Amjad Jibril, 14 Ranall ah A Uniteal States citizen. His body was discovered in El-Bireh vrith marks of violence. Believed to have been shot by troops duling a cl,ash. An inquiry was under way. (H, 21 Aug. 1989; .lP, 20 Auq. 1989 ) 19 Aug. 1989 Radi Mahnud Saleh, Bethlehem Was shot and killed during a c.l astr by security personnel disguised as tourists. (H, JP, 20 Aug. L989, 21 Aug. L989) 20 Aug. 198 9 Fayez Jawabra, 24 Arub was shot anil killed by an alleged collaborator fron Yatta, whose car was stoned in the village of Beit Umar, north of Hebron. (JP, 2r Aug. 1989 ) 20 Aug, 1989 Walid Salen Shamas, Jabafiya, Gaza Was shot by troops during a t5 clash. ( JP, 21- Aug. 198 9 ) 21 Aug. 19 89 Hussein Hirbawi, A-Ram Bolh were killed by troops 14, and Wadi'a during a clash. Mahnud SaJ.ah, 17 (H, JP,22 Aug. 1989, JP, 23 Aug. 1989 ) 2r Aug. 1989 Saini Mahmud Atarra Tukua vi 1l age Killed by troops or settlers A.-Sabah. 18 after an Israeli car lras stoned. The incident was being investigated. (H, JP, 23 Aug. 1989) 22 Aug. 1989 Na6ser Khal i I Al-Anari canp Sho! arld killed in unclear Abu-Katrina, 16 circumstances, following a clash with t.roops. An inquiry was under way. (H, JP, 23 Aug. L989) A/ 44 / 599 English Page 52 Place of Date Name and age res idence Renarks and source 22 Aug. 1989 Najla Adel. a-Nadi., Askar canp Died in hospital of injuries 14 sustained a week earlier during a clash with trooPs. (H, JP, 23 Aug. 1989) 22 Aug. 1-989 Maha Al,ad al-Ataf, aL-Karara Was shot bv soldiels in the 20 village, near Deir eI Balah nalket. The Xhan Yunis soldiers reportedly oPened file randomly into a crowd after being stoned. ( It, JP. 23 Aug. 1989) 23 Aug. 1989 Iyad Abu Kamal, 18 Sheikh Radwan, Was shot by security Gaza personDel in c ivi 1i an as he was conf"tottt"" iscating IDF-issued nagnetic s65fl5, l.'hi le masking his face. (H, JP. 24 Aug, 1989) 23 Aug. 1989 Jadallah al-Aker. Rafah cafip Killed by troops during a 18 clash with stone throwers. (H, JP, 24 Aug. L9B9) 23 Aug. 1989 Katnal Abu Rub. 55 Jenin Stabbed to death by a masked nan. was known as a collaborator. (H, JP, 24 Aug. 1989) 24 Aug. 1989 Nasser Nabil. Eizariya According to Arab sources he Nasraflah, 16 was beaten to death by border policenan. According to rnilitary sources he died of natural causes during a routine border police check. (H, JP, 25 Aug. 1989) a/ 44/599 English B. Adrninistration of justice, including the righq to fair trial 1. Palestini.an population Oral evidence 78. Several witnesses described various aspecls of the const.raints hindering the adrninistration of justice in the occupied territories. An anonl'rnous vritness referred to harsh condiLions usualfv surroundinq the arlest of Palestinians: "Usually the citizen is arrested at about 1 or 2 a.m. A large number of soLdiers or intelligence officers come. encircle the whole area, and then they start practising their terrorisn and intini.dation of chil.dren and of the inhabitants who ]ive in the same house, or in the saJne building. The soldiers enter the house and start destroying everything. lf there is a television set, for instance, they break it, they wift mix together sugar and flour while searching for papers o! documents. Then the person is arrested. They blindfold him, they tie his hands behind his back and they put him in a car. They do not say lrhere they are taking hirn. Then a decree is issued by the patrol officer to detain that person for 18 dtays interrogation, aad during that period no lawye! has the right to contact him. no rnaeter lrho it is, even if it is a chi]d, " (A/AC.145/RT,511/Add.1) 75. Another witness. Mr. Abdel Hanid El 8aba, recalled the circrrnstances of his first. arrest: "At the beginning, lrheu I was first arrested, rnore than ten soLdiers beat mei and I was only 16 years old. They broke one of my teeth and I had a nose-bleed and I fainted. They poured water on me. When I regained consciousness, they start.ed to beat me again to make me confess that I had participated in denonstrations. This went on for 18 daysi then I was released. " ( A/AC. 14 5/RT. 513 ) 80. An anonlrmous wieness rnentioned the difficulties that the latryers were confronted with in the exercise of their Drofessionl "After 18 days, the place to r.rhich the detainee was taken is announced through the Red Cross, and then the detainee can ask for a lawyer to defend hin. The la{yer may then present an application to the Military Governor of the RamalJ.ah area, for instance, and the Milit.ary Governor nay allow hin to visit the detainee, but he nay also refuse the application. The lawyer then tries to find out about the charges levelled against the detainee. This is an extremeLy difficult process, and it is also difficult to find out the date fixed for the trial . Many trial-s take pl.ace on the day of a strike announced by the intifadah. When the authorities knoxr that the intifadah leaders are 9oin9 to declare 5 June Ig89 to be a strike day, they wiLl schedule cases to be reviewed on that same day. On that day no citizen, no lawyer, caD attend the trial. ... They bring the detainees before the court in batches of 50. and the judge will begin by asking the general prosecutor l,'hat are the charges levelled against then. Then the discussion starts between the judge and the A/ 44/ 599 Engl.ish Page 54 general prosecutor, and the defentting lawyer has no role whatsoeveri he cannot defend 50 detainees in half an hour or an hour. It is not possible. Even if it i6 possible for hin to defend one person, the Israel.i authorities pay no attention to his words." (A/AC.14s/RT.slL/Add.t) 81. Mr. Mas'ud osman zu'aytar aLso referred to such difficulties while explaining the adninistrative detention procedure i "... There are no clear. specific chargest they consider those charges to be coufidential. The defendant is brought to court in the presence of a lawyer, but his lalryer cannot raise any legal point: all he knows is that there is a confidential file brought. by the security departtnent. All the defending fawyer can talk ab,.ut is the social conditions, he canrrot deal lrith any point of law. The resu]. L is that there is no possibility of a legal defence for the detainee." (A/AC.145/RT.507) 82. An anonl'mous witness st.ressed Che arbitrary trature of the ',quick justice,, Prevailing in most trials, and pointed to the practice of extracting confessions under dutes s : "The CHAIRMAN I ... l,,lhen detainees are brought up in that nanner, say, 50 at a time. are no charges read out individually to the suspects? "The WITIIESS (interpretation fron Arabic)! The indictnent is read to the whole group of detainees and all the detainees wil-l have the sarne charge. They ale classified into stone-throwers, or participants in demonstrations, or having set fire to tyres in the stre6t. Each gloup is separate and has one charqe. "The CHAIRMAIiI: But is there no point in the trial $rhere the charges in respect of each person are read out to him? "The WIINESS (interpretation from Arabic): No.,' "... Many of the confessions are extracted, of course, under torture or beatings, inhuman Israeli practices. Most confessions are refuted by the accused before the judges, but the judges do not take this into consideration. The detainees may say that the confession aras exlracted under tort.ure, but still the judge does not accept that statenent.', ( A/AC. 145/RT. 511/Attd. 1) 83. One particularly preoccupyirxg probLem nentioned vras the practice of arresting rninors' An anon)4nous wiLness referred to his 14-year-oLd son's experience in that reqard: "I was in ny shop and ny son .was at the preparatory school. The army came and expelled the children fron school and they went to seek refuge in a nearby house. The border guards cane and t.ook about eight children. They put A/ 44/ 599 Engl ish Page 55 them in a car and tranpled on them. I saw the mark of the arny boots on my son's neck. They were taken to the legislative council, or the headquarters of the Military Governor. There ttrey were.very severeLy beaten around the ears: my son was unable to hear properly for a whole month because he suffered injury to his right ear. Afterwards they swmoned me by tetephone, Ttley told me to come and co.llect nv son, "I went there and I stood at the gate of the pLace where they had detained ny son. r arlived at 11.00 a.m. and r had to wait at the gate until 7 p.m. Not one person asked ne what I wanted. After seven hours of waiting they asked me if r was the father of this boy, r said yes, r entered and they took ny identity card away and noted ny telephone nunbe!. Then I had to go to the second floor to the headguarters of the rsraeli Miritary Governor where they were proposing to hold a quick 'tria1' of my son. My son stirr carried traces of the beating on his eyes and his shirt was bloodseained, "They asked my soD, 't'Ihy erere you ab school?, He said, ,I was learning.' They asked hirn if he had been throwing stones or putting up barricades in the street, He said. 'I was not throwing stones or putting up barricades. The army took ne from schoo1., They told hin they were going to 'try' hin very quickly. My son said he had not done anything. They told him that for each word he pronounced, they would fine him $SOO. They fj.ned hin 2,000 shekels because he said he was not guilty. Every time he said so, the fine was increased by g200. that is 3,000 Israel shekels. They issued an order that he be fined 3,ooo shekels. They kept rny identity card and told ne to take my son home. They said ttrat I would not get ny identity card back until I paid the fine.', (A/AC.145/RT.5t7) 84' Accounts of the atininistration of justice in the occupied territories may be found in documents A,/AC.145/RT,S07 (Mr. Atunad Mohanmad Jabar Suleiman, Mr. Mas'ud Osnan Zu'aytar)i A/AC.145/RT.51O (Mr, Muphid Nearat, Mr. Gnar Basha), A,/AC.14s/RT.511/Add.1 (an anonynous witness)i A/AC.14SIRT.5l2 (an anonynous witness); A/AC.l-45,/RT.512/Add.1 (Mr. Hassan Rahitn Mohammatl Dahatou), A/AC,14s/RT.5t3 (Mr. Abdel Hanid El Baba, M!. Janal Abdalrah shakir Jbara), A/Ac.r4slRT.515 (an anonyrnous witness), A,/AC.145,/RT.517 (an anon!,mous witness); and A/AC.145/RT.51g (Mr. Hafez Toukan). l,[r it ten infornation (f fornation on this subject covering the period from 26 August lggg to 31 March 1989 is to be found in the periodic report (A/44/352, paras. 51_74)). 85. During the geriod covered by the present report, the Special Conmittee received a nur ber of connunications from various sources concerning lfre administration of, justice in the occupied territories. In a conmuuication transnitted by Annesty International on 19 June 1989 entitled ',Israel and the Occupied Territories: Administrative Detention During the palestinian Intifada,' it is recaLled that more than 5,000 palestinians trad been hetd in adrninistlabive detention since the beginning of the uprising, and that a 1ea6t r.100 were reported to be in deteation by mid-June 1989. The report referred to the historical a/44 / 599 English Paqe 56 backglound of administrative detention in the occupied territories, and nentioned refevant Defence Emergency reguLations and Military Orders. It further described administrative detention measures taken on a large scate against all sectors of Palestinian society since the start of ttre uprisiIlg in December 1987. The harsh conditions of detention, in particular in the Ketziot (Ansar 3) camp in IsraeL itself were aLso referred to. Anong particuJ.ar concerns expressed by tunnesty International in this regard were the broad forrnulation of the grounds for det.ention and the failure to provide sufficient reasons for detention. Such concerns were said to have become rnore acute since ltarch L988, when the use of adninistrative detention becane lridespread, the number of those entitled t.o issue administralive detention orders increased, and existing judicial safeguards were rernoved, Four sample cases (concerning a Lawyer, a university teacher, a journalist and a human rights fieldirorker) wete extensively cited. In its concfusious and recommendations Arrlnesty International, eapressed the belief that the existing practice of administrative detertion in the occupied territories "falIs short of international human rights standards,,. It reconrneDded, inter alia, that the cases of alf adninistrative detainees curlenCly held in Israel and in the occupied lerritories be urgently reviewed, and that the Israet authoriLies reviewed the appropriateness and necessity of maintaining the practice of administrative detention without charge or trj.al. 86. During that period. the Speciaf Conunittee also received a considerabfe amount of reports frorn various newspapers providing infornation on arrests, the issuing of administrative detention orders, anal the passing of sentences concerning Paleslinians in the occupied t.erritories. Such iDfornation included. in rnost cases, relevant deeail-s such as the date. subject or subjects, place, duration and motive invoked. Or.ring ta the anount of cases involved rhich. if listed individually, would have ta}en up considerabl,e space, only a few exanples are cited below in order Co il.lustrate the siLuation in that reqard. 87. On 2 April 1989, the rnilitary court in caza sentenced a youth convicted of throwing stones at a sotdi.er to two and a half years in gaol. Another youth was sentenced to one year and a haLf in gaol for beloDging to the popular conmitLees (Ha'aretz, 3 April 1989 ) 88. on 5 April, 452 Palestinian prisoners from the territories were reteased fron gaof in whaL was described as a goodwill gesture coinciding with the beginning of the Ranadan fast, It was reported that. folLowing the release, 6,109 Palestinians r.rere sti11 being held in prison for security offences and other offences linked with the uprising: 720 were convicted. 901 r.rere alraiting trial, 1,020 lrere adrninistrative detainees and some 3,800 were detained until- the end of the leqal proceeding. (Ha'aretz. 6 April 1989) 89. On 12 April, Zaher Shreita, aged 30, was gaoled in the "Ausar 2" detention camp after a soldier accused him of watching soldiers through binoculars. The IDF spokesnan declined to connent on the incident. (Jerusalen Post, f3 April 1989) 90. On 20 April, it ltas reporLed that, according to IsraeLi official sources, ttre nwnber of Palestinian detainees since the beginning of the uprising reached 30,000, including adninistrative detainees, sent.enced prisoners and those awaiting trial. A/ 44/ 599 Engli sh Page 57 The news was reported in the Israeli Al Hamishrnar newspaper. (Attalia, 20 ApriI 1989 ) 91. On 18 May. it was reported that security forces had arrested Sheikh Bassarn Jarar, from eL-Bireh. considered as a leaaler of the Islamic Resistance Movement (Hamas). He had been freed fron the Ketziot detention canp the pxevj.ous month after serving six months in adninistrative detention. On 5 June, it r,ras repolted that Bassam Jarar had been placed in adfiinistraEive detention. ( J_e-rus-alg0-_Egs!, 18 May 1989i Ha'aretz, 5 June 1989) 92. On l8 May, it was reported that, for the first tirne since the opening of a military court of appeals in the territories, two appeals were lodged with the court in the Gaza Strip. They 1lere lodged arith advocate Matunud Abu-Hasira from Gaza, on behalf of Nafes Hasuna and Ayed Hasuna, who had been sentenced to one year in gaol, one year suspended and a fine of NIS L,OO0 (approximately $600) for stone throwing. The appeal-s were against the harsh sentence. On 25 May, it rras reported that the court rejected the appeals. (Ha'aretz, l8 lfay 1989, Jerusalen Post, 25 May 1989 ) 93. On 21 May. the security forces arrested 150 leaaling activists of the Islamic Resist.ance Movement (Hanas) in the Gaza Strip, including Sheikh Almed Yassin, the movemeatrs spiritual- aud nilitary leader. Yas6in, aged 52, is paraLysed and confined to a wheelchair. Other we.ll-known Leaders arrested in that operation lrere Dr, Matunud A-Zahar, a senior lecturer in the Istamic College, Bassan Jarar, the leading Hamas activist in the West Bank, Dr, Awad Salah Saruna and his three brothers. The IDF spokesnan said that the aletainees were suspected of assassinating collaborators and brutafly irnposing the laws of the uprising on the population. (Ila'aretz, Jerusalem Post, 22 May 1989) 94. on 24 May. 5 out of 21 residents of Beita against lrhom charges were filed in connection with the violent clash between then and a group of settlers fron Eilon-Moreh. ia A,pril 1988, were convicted at the military court of Nablus and given harsh senteDces. Khaled Hussein Bani-Shatnsa, aged 19, was given four years' irnprisorunent and four years suspended sentence for attempting to stab Rornan Aldubi. participating in an attack on Menahem Levni and throwing stones at the Eilon-Moreh chifdren. Atwa Atrmed Dweikat, aged 23, and A!'man Bani-Shamsa, aged 21, were eaclt given 21 moDths imprisonment and 39 nonths suspended, for forcing the settlers to go to Beita and hand thei.r vreapons to villagers. Atuned Mohanmad Bani-Shamra, aged 28. was sentenced to 18 nonths in prison and 41 nonths suspended, for sinilar chargesi Abd al-Karin Habaisa, aged 22, was.sentenced to lwo years irnprisonment and three years suspended for attacking and stoDing Che settlers, injuring one of them" (Ha'areLz, 25 May 1989) 95- On 6 June, ib lras reported that a charge sheet had been filed r.rith the military coult in Gaza against an unspecified nunber of activists of the "Popular Arrny". which was set up in southern caza Strip in October 1988 and was affiliated to the Fatah, (Ha'aretz, 6 June 1989) 96. On 12 June, it was reported that the security establishment had ilecideal to impose harsher penalties on persons suspected of subversive activity in ehe a,/ 44/ 599 Engl i sh Page 5B uprising. One of the penalties would be the extension of adninistrative deEention from the present six months to one yea!, with a possibfe further extension. Sotne 1,200 residents of the territories were being held in administrative det.ention, in addition to thousands of othels who were beino detained Dendinq their triaf. ( Ha ' aretz. t2 June I989) 97, On L3 June, it was reported that four wornen fron Jabaliya, iacluding Sanira Abu Raya - a mother of a nine-month-old baby, who were arrested on 9 June 1989, were afso pLaced iD adniDistrative detention. Accordi.ng to the "Women for PoliticaL Prj.soners" organization. the women were being detaiDed as hostages, unti.I thei! husbands and sons, who were wanted by the security forces, turned thensel-ves in. (Ha'aretz, Jerusalem Post, 14 June 1989) 98. On L4 June, it was reported Ehat since the beginning of the uprising, over 49,000 Palestinians fron the territories had been detained for various periods in Israeli detention faci.lities. They included admiristrative detainees, detainees pending trial, detainees already tried and persons detained for participation in disturbances. (Ha'aretz, 14 JuDe 1989) 99. On 18 June, Che GoverDnent decided that three organizations opelating in the territories'were to be outlalred as "telror organizaLions". These were the "Eama6" organization, lhe "Islanic Jihad" and the Shiite "Hezbotlah". As a lesult, the nilitary prosecution and the Judge Advoc ate-Gene ral would henceforward not need to prove that a member of one of the three organizations was a member of a "terrorist organization". The burden of proof would rest. with suspected mernbers of these organizations. (Ha'aletz, 19 June 1989) 100. On 19 June, the mifitary court in Gaza irnposed sentences of unpreqedented severity on five Palestinians convicted of attacking other Palestinians. Na'irn Alayan and Rahuran Nasser, both aged 27 and f,rom Gaza, rere each seDtenced to 15 years imprisonment - the first for throwing petrot bombs at strike violators, damaging shops and setting fire to two buses carrying workers to lrrad, and the second for tnanufacturing explosives that he threw at "infidels", Ibrahirn Alush, aged 17. Muhahafimad A1ush, aged 18. and Fawzi Harnuda, aged 17, alf from Jaba]iya, !,ere each sentenced t'o eight and one haff years in prison and four and one half years suspended. for harassing shopkeepers who had opened their shops on strike days. (Ha'aretg, Jerusalen Post, 20 June 1989) 101. On 26 June. it was reported that Defence Minister Rabin and Jus ti ce Minister Meridor had decided to set up joint teams of eaperts to consider the Defence Ministry's request for legal authorization to impose harsher punitive measures in the territories. ( JerusalerLlast, 26 June 19 89 ) 102. On 3 July, the High Court of Justice lejected an application by Nain Issa Juba of Bethlehem against a military seizure order that was issued four rnonths earLier on a piece of land of 700 sguare netres he owned. In the appLicati.on, filed by advocate Felicia Langer. the land-owner argued that the seizure was illegal, that the land was planted with fruit trees and that he feared that the soLdiers could harm thern. The office of the State Attorney replied to Ehe application stating that since the beginning of the uprising the IDF needed to increase its presence in A/44/599 English Page 59 the area significantly aDd that ibs forces required additional stationing places. The land in quest.ion, located near the rnilitary government house in Bethl.ehen, was one of several such places. The president of the Suprene Court, Justice Meir Shangar, ruled that a provisionaL seizure of land for military purposes was pernitted under the "1aws of the war,' and under the international Pubfic Law. The judges recommended in their judgement that the IDF authorities fia the duration of the seizure. pay the land-owner for the use of his l-and and strive to avoid any harn to the plants or to compensate the o$ner for any damages. ( Ha'aretz. 4 July 1989) 103. On 6 July, charge-sheets lrere fited with the rnilit.ary court in Gaza against 79 rnernbers of popuLar conmittees and "shock forces,,, accused of offences against local policemen and {orkers and of dozens of attacks against the security forces, (Ha'aretz, 7 July 1989 ) IO4. On 20 July, it was reported that Najlra Bajes Saten, aged 27, a mother of four children, flom Bittin, was deeained on 17 JuLy 1989 after her three-year-o1d daughter alleged]y vraved a "V" sign at a passing nilitary patrol.. According to pofice records, the reason for the detention vras inciternent. She flas renanded until 3 August. (Jerusalem Post, 20 July 1999) 1O5. On 21 July, it was reported that Pal€stinian laryers had announced a one-month boycott of West Bank rnititary courts to prot.est against ',deteriorating working conditions", In a press conference the Lawyers, representative .listed a series of grievances, including the authorities, failure to inform families of detainees of the reasons of arrest and place of detention, their failure to inform lawyers of lhe time and place of renand hearings, strip-searches of prisoners before rneelings with their lawyers, long detays between arrest and neetings with the laryyers, harassrneut of lawyers, including eviction from detention facilities that had been decfared closed rniLitary zones, and the imposition by juilges of different sentences on defendants charged with the same offences. Regarding the latter, IDF Judge Advoc ate -Gene ral Annon St.rashnor,r noted that verdicts coufd noar be appealed to a military appeals court. Regarding the other compl.aints, he said that lawyers' working conditions had been vastly inproved recentLy. (Jerusalem post, 2r July 1989) 106- On 2 August, the High Court. of Justice rejected aD appeal by Abmed Halil al-.tama] of Tulkaren, who claimed that he had rented a room Eo a man whose son had allegedly connitted security offences, and feared lhat as a resuLt, his house may be demolished. The court ruled that the fact that the person who committed such offences ('as a tenant was not a reason for the auehorities to refrain fron dernolishing a house. Otherwise the emergency defence regulations woultl lose their deterrent force. But because of the special circumatances of that Palt,icular appeal, the court ordeled that the secuxity forces only seal the house. ( ,J.-e-r-u6-alenlsE!. 3 August 1989) 1.07. On 9 and 11 August, reports were published on data coLlected by the Israeli lnformation Centre on Humau Rights, ',Betzeten',. According to these data it emerged Lhat since the beginning of the upr.isin'q 4,2I5 adrninistrative detainees had been held in facilities in the southern reqion and in facilities adninistered by the a/ 44/ 599 Engl i sh Page 60 military police. Sone 243 of these detainees were serving a second or third adninistrative detention tern. Most of the atlninistrative detainees lrere held at the l(etziot camp wtrere they were being held in tents, eaqh accommodating 24 detainees. (Ila'aretz, 9. l-1 August 1989) 108. On 10 August, the Association for Civil Rights in Israet (ACRI) petitioDed the High Court of Justice, aLLeging that the IDF routinely failed to notify Palestinian families of the arrest of relatives and their pJ.ace of imprisonnent. The petition, directed against the nilitary commanders of the West Bank and the Gaza Strip, cited several cases of Palestinians who irere not inforrned of the detencion of rel.atives for up to a nonth after the arrest. (Ha'aretz. Jerusalem Post, 11 August 1989) 109. On 11 August, it lras reported that a Pafestinian farnily of Beit Sahur had petitioned the High Court of Justice against the IDF practice of fining parents of rninor chil.dren who thre', stones at soldiers. The IDF regulations concern parents of chiLdren aged I to 15 in cases whele an IDF cotnmander had concluded, without a trial, that there was good reason to be]ieve the child threw stones. The petitioners, Jiris SaIame Al-Raslunalri, aged 63, and his nife Nihaiye, aged 43, were the parents of Sa.lane, aged 13, r,rho was iDvolveal in a stone thro{ing incident in Beit Sahur on 2 August 1989 and caught by soLdiers. The boy denied having thrown stones but was nevertheless beaten. An officer reLeased hin, but first. dernanded that his parents deposited a returnable bond of NIS 1,000 ($500). The petition, filed by attorreys Avraham Gat and Yoref Levy, asked the court to order the Defence Minister and the CenLraI Region Commander Co show cause why the regulations shoufd not be cancelled. (JerusaLern Post, 11 August 1.989). 110. on 13 August. it was reported that under new orders signed by the Central and Southern Region commanders, Yitzhak Mordekhai and Matan vilnai, adminiserative detentio! terms, which until then were no Longer than six rnonths. coufd now be inposed for one year, They could also be renewed for another one-year period. Announcing the new measure, lhe IDF spokesman said it was prompted "by security needs and the current situation in the territories, according to directives of the Defence Minister, with the agreernent of the Justice Minister". Under the new regulations, Palest.inians put i.n administrative detention for nore than six months can have their case reviewed by a judge r"rith a legal. background at least every six rnonths, in addition to the possibility to appeal to a rnilitary judge, which existed already. The neu orders were described as part of ongoing efforts by lhe Defence and Justice Ministries !o init.iate legislation permitting tougher rneasures to cornba! the upri6ing in the ter!itories. (Ha'aretz, .Ierusalem Post, 13 August 1989) 111. On 15 August, the IDF Judge Advocate ceneral, T/A (Brig. cen. ) Amnon Strashnow, said that hj,s office woul.d not "blindly" sign every case of administrative detention submitted for its approval, but would exarnine each case on its nerits, (Ha'aretz, 16 August 1989) A/ 44/ 599 Engl i sh Page 61 2. I s raeli s 112. During the period under consideration, it \ras reporteal that a felr Israelis charged with murder or ifL-treatrnent of Arab civilians had been charged and sentenced to various lerns. A feu such eaanpfes are cited below: 113. On 6 April, it was reporteat ttrat a Natanya rnagistraLes' court had released on baif Ovadia SaLoni, aged 37, from Masua, who was suspected of opening fire, two weeks earlier, at stone throwers at the Usarin junction, near Nablus, killing Maher AdaLi, aged 14 and injuring another youth. SaLoni told the court he trad opened fire in the air as his life was in danger. The judge decided that he shoutd be placed in house arrest for 15 days. (Ha'aretz, 6 April 1989) 114. On 1l Apri], it was reported that an IDF colonel, who had acted as governor of Nablus during the first months of the uprising, was recently dismissed frorn service by Chief of Staff Dan Shornron fotLowing a legal opinion given by the Judge Advocate-Gene ral regardj.ng the officer's attitude to Arabs. The officer. narned as A/M (Colonel) Yehuda Meir, was involved in several j-ncidents of brutality and beating of Arabs. An inquiry was held by the Investigating Milit.ary pol.ice on the allegations made against the officer who !,.as a Lt. Colonel at the time. The Chief of Staff's decisi-on cane after the inquiry and the legal opinion. The officer was given the choice to feave the IDF following a disciplinary trial or to stand trial before a nilitary tribunal. On 28 May. the Association for Civil Riqtbts in fsrael (ACRI) Petitioned the High Court of .Iustice denanding that Meir, forrner miliEary commander of Nabfus, be put on trial for ordering sotdiers to break the Limbs of Palestinian prisoners in the village of Mawara, in 1988. On 16 Ju.ly, the High CourL of Justice issued an order nisi requesting the Judge Advocate -General, the fDF corNnand and A,/M (Colonel) yehuda Meir to show cause within 45 days why A,/M Meir shouLd not be court-nar ti al led. The order 4isi was issued at Lhe reguest of ACRI . The office of lhe State Attorney prepared a leply reject.ing the applicants' argument that the decision not to court-rnartiaL A/M Meir was ,'exlremely unreasonable". It argued that his discharging from the arny, with a severe reprinand, was a sufficieDtly heavy penalty. (lla'aretz, Ll Aprit 1989, 17 July 1989i ,JerusaLen Post, 29 May 1999, t7 July 1989) 115. On 12 April, Rabbi Moshe Levinger of Kiryat Arba had a charge-sheet filed against him with the Jerusalem district court, accusing him of kitting a salesman, I(aid Hassan Abdel Aziz SaLeh, aged 42, during a sEone throwing i.ncj.dent in Hebron on 30 Septenber 1988. Another bultet fired by Levinger on that occasion allegeally hit Ibrahim Bali and injured him. Levinger 't'as also charged rdith danaging property. Levinger nras questioned but not arrest.ed after the incident. Levinqer clairned that the charges were filed against him onty because of complaints by MK Yossi Sarid. On 22 May, Rabbi Levinger appeared before the Jerusalen district court on a charge of nanslaughter. At the end of the session Judge Ezra Hedaya accepted Levinger's request to postpone the opening of his trial untiL 13 July 1989, in order to allow Atto rney-Gene r al yosef Harish !o review hi6 appeal for a stay of legal proceedings against hin. On 13 JuIy, Rabbi Levinger appeared in the Jerusa.lern district court without a lavyer, The judge told hin he nust be represented, as he was charged with the nanslaughter of an Arab merchant aDd wounding a custorner. The judge postponed the trial to I August 1989. On a./ 44/ 599 Engl ish Page 62 tB August, it was reported that ehe trial of Rabbi Moshe Levinger of Hebron was postponed until 28 August 1989. (Ha'aretz, Jerusalem Post, 13 APril 1989t Jerusafem Post., 23 Mdy 1989, 14 July 1989; Ha'aretz, 18 August 1989) 116. On 1 May, a .terusafen nagistratesr court judge, Dalia Kobel, ordered lhe release on bail of Hainn Ben Lulu frorn Kiryae-Arba, suspecLed of killinq Nader Da'naban, aged 15, after his car was sLoned in Heblon on 28 APril 1989. A police inspector had Eold the court that the Arab boy had been killed by a ricochet and not as a result of a direct hit. In ruling ttrat Ben Lulu shoul.d be released on a bail of NIs 25,000 (approximately $I8,000), Justice Kobel said there was no fear that the settler cou]d escape, interfere with the legal proceeding or endanger public peace, and that in the light of the circunstances described by the Police, there were no grounds for extenaling his detention by five days. (Ha'aretz, 2 May 1989 ) 117. On 25 May, the Southern Cornmand military court acquitted four soldiers of Ehe Givati brigade and a doctor of manslaughcer in the death of Hani El-Shami in August 1988, but convicted them of causing grievous bodily harrn. The three judges said in their verdict that. they rJere not convinced ehat there was a direct connection betvreen the behaviour of the fou! sol,diers and the cause of death. They added that the accused had exceeded orders when they beat El-Shami, but said thac so nany soldiers had beaten and kicked hin that it was impossible t.o determine who had struck the falaL bLorr, Seren (Captain) David Nussam, ho was the area's physician, was cleared of negligence iu failing to discern signs of El-Sharni's internal injuries. On 27 May, the IDF spokesnan announced that lhe army woufd not prosecute the corrunander of the four soldiers. On 15 May, Ehe Southern Region military court sentenced three soLdiers of the Givati brigade charged rdith having maltieated Hani El-Shami to prison terms of nine months and nine months suspended. A fourth soldier, Arieh Lutsato, was sentenced to six months in gaol and six months suspended. ExecutioD of the sentencing was delayed upoD request of the Lawyer of two of the defendants, who inforned the court that he would appeal to the nilitary court of appeals. The southern regiou military prosecutor aDnounced that the office of the Judge Advoc ate -Gene raf was to instruct that the investigation into the death of El-Shani was bo be reopened, and that it would consider putting on trial- the senior officers lrho gave the "patently illegal" orders to beat E]-Shami after he !.as arrested in his home. On 22 June, it was reported that the four soldiers had lodged an appeal with the military court of appeals both against the verdict and against the sentence. On 26 June, it was repolted that Judge Advoc ate -Gene ral T/A (Brigadier) tunnon Strashnow decided to reopen the investigation into El-Sharni's death. He reportedly asked the president of the mititary court of appeal to appoint a j udge-inve s tigator to conduct the investigation. (Ha'aretz, Jerusalem Post., 26, 28 May 1989, 16, L8, 22, 26 June 1989 ) 118. On 2 June, it was reported that the Judge-Ailvocate of the Southern Command, A/M (Colonel) Shmuet MoyaL, recorunended to close the inquiry file against an officer - a rnajor - suspected of having fired t!,o shots at an injured Arab detainee. The incident occurred in December 1988 in Ansar 2 detention canp iu Gaza, when an Ara.b detainee attacked two soLdiers with a knife. Two other soLdiers shot at him and injured hirn. The major then arrived on the scene, shot at the detainee who was lying, heaviJ.y bleetting, on the fLoor, antl killed him. According A/ 44/ 599 English Page 63 to Judge-Advocate Moyal. the shooting by the officer was justified since the detainee was stitl holding a knife and eonstituted a danger Co the soldiers. (Ha'aretz, 2 June 1989 ) L19. On 9 July, the potice bolal the Jerusalen rnagistrates' court it coul.d not provide evidence to sustain the rnurder charge attributed to Meir Berg, aged 43, from Pesagot settlernent. r.'ho \ras alrested following an incident in which a viLlager fron Karawat Bani Zeid was killed. The potice told the court that Berg was now €uspected of causing deatb out of negligence, and consented that he be released otr bail. The judge ordered that the suspect be released on bail. (Ha'aretz, 10 Jury 1989 ) 120. On I August, the trial was opened at the Southern Comrnand military court of an IDF officer, a lieut.enant. of the civati brigade, on charges of, causing the deatb of a Rafah resident by firing a plastic bullet not in keeping with the open fire rules. The incident occurred on L3 Novenber 1988 while the town was under curfew. The officer saw a group of youths fleeing, and as one of then crouched dolrn he feared that the life of his soldiers was in danger and opened fire from a distance of 60 metres, not accoraling to the rules for arresting a suspect, kilting Tarek Atallah Zaid Samadre. The officer pleaded not guilty and the triaf was postponed to a later date. (Ha'aretz, 10 August 1989) A/ 44 / 599 English Page 64 Treatnent of civilians 1. General, develoDments (a) Harassment and phvsiqal i.1L-treatment rrrrl arri dan-a 121. Several witnesses testified about the plight of civil.ians and the daily harassment and threats !o physical integrity and security they were enduring as a result of the uprising, References were rnade to the general cfimate of violence, fear and huniliation prevailing in the occupied territories: "In the city where I live there have been many inhurnan harassrnents. At nighe, over the period of a whole week, sir< or 6even days. from sunset to dawn sorne cars used to be driven around the houses with the sirens going, so that fanilies could not get to sleep. They also used loudspeakers to insutt the inhabitants, using obscene language. My younger brother, who is 22 years old, was returning from worki he rang the bell of his home, but there was a patrol touring the city Looking for a young man l.rho had done something or other. They seized my brother and beat hin up, although he was not the ma! they were looking for. They beat hin and injurert him so that for a whole r.eek he could not waLk. Very frequently those patrols invade the houses without any warrant. They jufip over the lra1l and enter the house to search it. Sonetines ten people vould cone into the apartment and search it, breakinq the futniture and go oul again, behaving in an unacceptable manner Cowards the inhabitants. " ( A/AC. 14 5/ RT. 50 8/Add. 1) "I was arrested several times in my car. They would force me to 6top, get out. and cLean the streets. They would make me carry burning material in ny bare hands. Once f had my son with rne, r,hen he was on.l,y three years old. I was talring hirn to .lenin altd f was stopped by the arny. They tofd me to get out and wanted to force ne to remove the burning tyres. My son started screamiug, he was afraid for me, I told the soldiers, ,pf6ase feave my son alone, he doesn't understand.' They started beating rne and humiliating ne and my son sfarled screaning more and nore, so I t.old thern. 'I don't care if you ale going to shoot tne. Shoot me, but f an going to take my son away.,', (Mr. Muphid Nearat, A/AC. 145/RT.510) "... I remenber that ouce we were sleeping at hone. and after my young son left the house we foqnd sornebody knocking at the door. I opened the door and found that they had caught my son. They had hin by the hair. they hit him. and they threw hin down on the ground. His nother was screaning. We Presented a conplaint to the Military Conunander. A neighbour was also hit and they left him for dead; they threw hin donn in the road and then they dragged his body - they thought he had died - and threw him on an empty piece of fand nearby. They got a big stone and they hit hirn on the head with it. because he had toLd them lrhen they entered his house that he was going to conplain because they had buried hirn alive. He was one of the people nho had been buried alive $ith others from the same villaqe.,, (Anonynous witness, A/AC . 14slRT.512 ) A/ 44/ 599 English Page 65 122. Reference was made to the harassnent of minors and more generally to the grave psychological insecurity suffered by children as a result of 6aily confrontation with violence and hwnifiation: "Life has been steadily deteriorating, it goes from bad to worse. people live in terror, in fear, alt the tine. Many t.ines we are beaten by the Jelrs, by the Israeli arrny. At the beginnj.ng we just used to see them in the st.reet., beating peopl€ they met in the streeti but later they began to attack the houses, They break into houses and drag peopte out and beat then. you see your children's bones beiug broken. I have a son, a daughter and my wi fe, and all three of thern have had bones broken. My wife irent oub to see her son who was crying because of the beating, and they broke both her hands. She went out of the house to try to get her son back, First they hit our son, so my wife went out to try to get. him back, so they broke her haDds. "Mr. JOVANIC (yugoslavia): Vthat caused them t.o attack vour son? How old is he? "The WITI]IESS (interpretation fron Arabic)| He is eigh! years old. lte was participating in a denonst.ration with other young peopJ.e. Sone peopt e carne to tell us that the Jews had taken our son and had broken his bones." ( Anonlzmous witness, A/AC,14s/RT.5l5 ) "... The children are growing up in an atnosphere of fear and terror. feeling that at antr tine the occupation arny nany come to take their father away or beat him in front of then. It is considered a great iDsult for an Arab citizen to be beaten in front of his children. No nan 1ike6 to be insulted or humiliated in front of his Life and chifdren." "... Natulali.y the inpact of rsraeri viorence olr our chifdren is very cfea! and apparent. I do not deny that there is aggressiveness in those chitdren, the inevilabl.e result of what they are exposeal to, the persecution, the beatings, and the barbarity they witness every day, seeing thei! brothers and their parents being beaten and their bones being brokea. IC is normal. for those children !o react' The simprest. reaction for the chiltt is to thro!, a stone at the person practising that vio.Lence. Such an impaqt. ou a child is very difficuLc to erase: it becomes very deeply itnprinted on a chiLd,s mind. " (Anonymous witness. A/AC.14SIRT.5t6) 123' The difficulties regarding t.he treattnent of people injured during crashes were also mentioned: "Sometines a young man b.Leeds to death. when they prevent the arnbulances from coning to collect the injured. A man night be bleeding in fron! of the anbulauce driver, but that driver would not be allorred to take him to hospital. " ( Anon)'mous uitness, A/AC,145/RT.516) A/ 44 / 599 Engl ish Page 66 "... when somebody is wouoded they will not allow an ambulance or a doctor to take hin to hospital. They will leave him there until he dies in the st.reet." (Anonl'mous !'ritness. A/AC.145/RT.517) 124. Many r,ritnesses referred to tbe use of gaa aDd its harnful effects on the health of the civilians. Dr. Sarnir Salarneh Khalil, a paediatrician, stated in lhis reqard: "We know that these gases were used in a manner contrary to the instructiors on the canister; they are used iaside houses, hospitals and mosllues. whicb means that the co4centration of gas is nuch higher than it. would be ir the open. Experimetrts by the rnanufacturers have shown that a reasonable concentration of gas witl cause tenporary discomfort in the tissues of the nouth, nose and eyes. It will cause tears and force the denonstrato! to leave the pl.ace {here the gas is concentrated. But in closed areas the concentration is extremely high and there have been many nartyrs who died in their own houses, especialLy children and old peop1e." (A/AC.145/RT.509) 125. Mr. Abdel Itanid EI Baba, from A1 'Anari refugee canp, who was recently erpelled fron tbe occupied lerritories, gave the followiag repty when asked about rnemories of his tife in the refugee canp: "The thiDg that I remenber r.as just before I $as daported. There were three helicopters which dropped huDdreds of gas bombs on to the refugee camp. The children could not breathe. I saw dozens of childreD scr€aming in the streels. suffocating from the tear-gas bombs, b€cause the helicopters arere dropping hundred.s of Cear-gas bombs trhich led to asphyxiation in the camp. The space of the canp is very small, and on that day rnore tttan 1,000 gas bombs were dropped on the canp. This led to the asphyxiation of dozens of children and to the miscarriage of nany wonen, as well as the death of an old man. who was 60 yeare old, a1]. as a result of the tear-gas, All, this was under the pretext that the refugee canp was staglng a violent demoustracion. This was a very painfuL sight for ne, to see the childreD screaming before suffocating, and they didn't know what to do. If it haal been shooting, naybe the children could have ruD away from the bullets, but because the gas was very concentrated, i! formed a cloud over tbe refugee carnp. Frorn outside the catnp you could not nake out the houses. Tltat sight sas very painful to me." ( A/AC.145/RT.513 ) 126. Accounts of the harassmeat and physical ill-treatment of civilians in the occupied territories may be found in doc\nnents A,/AC.14s/RT.5O8/Add.1 (atr anonlanous witness); A/AC.14s/RT.509 (Dr. Sanir SaLarneh Khalil) r A/AC.145/R4.510 (Ms. Ahla.n Mohamed Said. Mr. Abdel Nasser Mahtnutt, Mr. Hekmat Jaber, and Mr. Muphid Nearat), A/AC.145/RT.511 (Mr. llusai Al Ashab), A/AC.145/RT.512 (an aDonlznous witness)t A,/AC.145,/RT.513 (Mr, Abdel Hanid El Baba, Mr. Jamal Abdallah Shakir ,Jbara); A/AC.145/RT.514 (Ms. tunal Ousnatr Mustapha, Ms. Labibah Hefubi Ms, Judeh Saleh)t A/AC,145/RT,515 (sis aDonymous witnesses); A/AC.145/RT.516 (an anonl'mous witness); A/AC.145/R?.517 ( tifo anon!'nous witnesses)i and A./AC.145/RT.518 (Mr. Hafez Toukan). A/44/599 English Page 67 written information (Information on this subject covering the period from 26 August 19gB to 31 March 1989 is to be found in the periodic report (A/44/352, paras. 92_109)). 127. During the period covered by the present report, the Special Comnittee received a nunber of communications flon various sources concerning physical ill-treatnent of civilians. In one of these communications transrnitted by arnlesty rnternational and dated 22 May 1989 reference was nade to reports of four separate incidents of beatings that took place in the west Bank i.n Maich aud April l9B9 concerning Fihni Husaya Dawud Ishtayyeh, Sami Al_Kilani, Ra,ad Ahrnad Mustafa Adwa! and Ni.dal Dan'ish Qabi, In this communication Arnnesty International provided detailed infornation about these four incidents, and expressed its grave concern aL daily report.s from the occupied territorj,es of beatings of paLestiDiaas in the custody of the fsraeli Defence porce and Borde! police. 128. on 3 Aprit' it vras reported that three entrances to the casbah area of Hebron would be Pernanently bfocked shortly after settfers cornpJ.ainetl of being attacked by Arabs in the Casbah. (ga'aretz. 3 April 1989) 129. on 9 April, it was reported that residents of Batir, south-west of Jerusalem, alleged that troops who enforced a curfew in the village a lreek earl,ier had beaten handcuffed youths. had ordered a ni.ght-tine blackout, had broadcast verbar abuse over loudspeakers and had thrown tear-gas and rocks into hones, qausing extensive danage. The allegations have been categorically denied by the unit cornmander in the area' He acknowledged that duriDg violations of the qurfe'lr tear-gas canisters were u6ed and it was possible that. a canister felL iDside a hone, but this was not done on purpose. (Ha'aretz, Jerusalem post, g April 1999) 130. on t7 April, it was reported that attorley Lea TsemeL alleged in a letter to the regal adviser of the central Region commander that sordiers had shot at a youth fron Airarta, near Nablus, Ma'an yahya Awad. without any justification, hit him in the eye and later delayed his transfer !o hospital for over three houls. She ranted to know the identity of the soldiers who opeued fire, and whether an iuquiry into the iucident had been held, (Ha'aretz, 17 April 1999) 131. on 20 ApriL, an rsraeli peace activist, Hillel Bardin, alteged that. border policenen ill-treated resid€nts of Jebel. Mukabar neighbourhood in East Jerusalen following a clash on 18 April. According to parestinian sources, police broke the arrns of two brot'hers. A1i. Muhantnad Srur, aged 45, and Ahmed Srur, aged 43, and beat a 17-year-old gi!1. (Jerusalen post, 21 ApriI l9g9) 132. on 21 April, soldiers at the Askar camp allegedly rounded up a group of locat men and forced lhem to "stand guard" for hours to prev€nt disturbances. An rDF spokeswoman said such action was against standing orders, and that the report was being checked. (JerusaLem post. 23 April 19B9) 133. On 25 April, it r,ras reported that residents of East.lerusalem, Ra.mallah, Bethlehem and Beit-Jala conprained over the past few days that their watches had been smashed by border poJ,icemen and IDF soldiers because they {ere set according A/ 44/ 5,99 Enorrsn Page 68 to "the surruner time in the state of Palestine", ordered in a recent leaflet by the leadership of the uprising. (JerusaLem Post, 25 April 1989) 134. On 4 May, it ltas rePortetl that a non-conmi s s ioned officer involved in an incident in shich soldiers itr Ramallah used a PalesEinian boy as a human shield against stone throwing, was rePrinanded at a disciPlinary hearing' The incident was filmed by a foreign tefevision crew. ( {ell$el9T-!,gsl. 4 May 1989) 135. on 5 May, it was ieported Ehat the IDF anal the border police were looking into allegations by the fanily of a Kalkiliya businessman, wafa af-Shanati, that border policernen had thrown a farge quantity of, garbage and human excrenent into the family's water tank. (Ha'aretz, 5 May 1989) 136. On 25 May, it was reportett chat Nablus residents continued to conPlain about systematj.c brutality by soldiers in Ehe town. According to eyewitnesses, soldiers in observation posts, principally in the Kasba area, were shooting at various targets "out of bored6m". Tttere were also many cases of soldiers beating residents for no apparenE reasons. causing in some cases injuries necessitating trospiLal.ization. (Ha'aretz, 25 May 1989) 137. On 5 June, it was reported that the Air Force woultl comPensate four Palestinian boys wounded in Novenber 1988 by exPloding flares they handled j.n the areas of Tamun and Tubas. The flares were reporEedly dropPed by planes during manoeuvres and several, Palestinian chifdren and youths were lrounded in a series of unexplained explosions. It yas reported that Pilots had received instructions to avoid a recurrence of sucb incidenls, aud ehat focal residents would be ltarned not to handle abaudoled atnrnunition. (Ha'aretz, Jerusalem Post, 5 June 1989) 138. On 2 .Iuly, Knesset rnenber Dedi zucker sent Letters to the Defence Minister, the Minister of Justice and the Attorney General, requesEing that a neeting be held to discuss the steep increase in the nulnber of injurett Persons in the terrilories in the past three months. According to data gathered by Knesset member zucker, based on the registry of lrospi tali z ation in hospital.s in the Eerritories. 463 persons were hospitalized witb injuries caused by IDF shots (live amnunilion, plastic buLlets and rubber bullets), during the month of April 1989, 1,335 Persons were hospitalized lrith such injuries in May and 1,010 in June. A quarter of the injuries r.rere reportedly in the tread and chest. Sixty per cent were caused by live buflets. One third of the injured persons were children under 15. (Ha'aretz, 3 July 1989 ) 13q. on 6 JuIy, it was reported that the security forces had refused to return the body of Mohannad Abu Nasr of Jabaliya to his farnily or to teIl $there he was buried. Abu Nasr wa6 shot and killed on 28 June 1989. An IDF spokesnan said that "according to regulations, the securiEy forces do not tel1 a farnily where the body of a terrorist is buried". (.terusalem Post, 6 Ju.1y 1989) 140. on 7 July, bord€r pol.ice allegedly forced residents of Beit-safafa. south of Jerusalen, to extinguish burning tyres with their hands and feet, and beat other residents, including Muhammad Musa Salnan who needed hospital treatment. In another developrnent, Nablus residents reporEed that trooPs in the town and in the A/44/599 English Page 69 {rearby village of Zawiya had been beating resid€nts. forcinE eh.em to bark liLe dogs (in Karum Ashur neighbourhood in Nablus) and cutting off fr;iq. trees, (Ha'aretz, Jerusalem Post, 11 JuLy l9B9) 141. On 27 JuIy, it was reported that caza resideat.s had been complaining that IDF soldiers had, over the past fe}, days, confiscated ttreir cars, p.olably in order to enter refugee canps unnoEiced, and that they later returneal them badly damaged. one car or'rner, Jcmil rbrahirn ot Gaza, alleged that. soliders had first confiscated hi6 ID card, and when he lrent to the nilitary governnent house to get it back. his car was taken and he was sent home. When ha asked why his car sas taken he was beaten. His car had still not been returned to hin. (Ila,?retz, ?7 July 1989) :, S2. On I August, it was reported that Jamal Radran, aged 29, of Rafah camp, t{as in the Shifa hospital, Gaza, after soldiers had altegedly scrapped off. with a sharp tool. a tattoo on his arrn showing a parest.inian flag aDd a ..v,, 6ign. The sor.diers also allegedly beat him severely inside the clinic. na&ran suboriited an affidavit to a fa{yer representing the Israeli human rigirts group ,.Betzelen,'. On 7 August. an IDF spokesrnan said the rnatter was being exanirled, (Ha,aretz, 6 August 1969, Jerusalen Post. 1 August 1989) , r43' on 9 and 11 August, reports were published on data colrected by the rsraeli Information Centre on Human Rights, ',Betzelen',. AccordiDg to these data, 9,740 Palestinians had been hospitalized in the Nabrus district since the beginning of the uprising, with injuries caused by shooting, beating or tear_gas. ihese figures constituted about 5 per cent of the entire popuration of the district, which was approximately 200,000. The same source poirted out that rnany injured people were refusing to register thernser.ves or be hospitalized, and the real numbe i of injured people could cherefore be higher, on the other hand, it was aoted that hospitals in the Nablus district afso served the popuration of other west Bank districts, such as Tulkarern, Jenin and Katkilya. (Ha'aretz, 9, lt August 19g9) r44. on 12 August, a deregation of 30 Arab and .Iewish pubr.ic figures visited the "al-rttihad" hospital in Nablus. The hospitat person'el alleged that the security forces had been harassing them, burstiDg into operating roons during operations, and hindering their activities during curfevs. A member of the delegation said that four shepherds, aged 13 to 1?, frorn the Tamum region. nere hospitalized with serious burning injuries after an incendiary object haat alregedly beeu thrown at then by IDF soldiers, four days earlier. Ou 14 August, it was reported that an fDF spokesrnan had commented on the al.legations rnade by the delegation. He said that no rDF troops $rere staying in the Tan'm are6 oD the date of the incident, and that the youths had' in al] li.kelihood, playeil with dangerous objects that hatt fal-len itr the area. He denied that the hospital personnel were b€ing harass€d during curfev.s and said they had special permits, issued by the civil admiuistratioa, eDabling them to travel freefy, The spokestnan added that the security forc€s did not enter hospitals unless there was a suspicion of a s€rious crime havlng been connitted, and then they entered acconpanied by civil aalnlni€tration officials and in any case they never entered operating roorns. (Ha,aretz, 13 and 14 Augudt 1999) A/ 44 / 599 English Page 70 (b) Collective puni stunelrt Oral evidence 145, Several accounts were rnade of lhe repression suffered by a grouP of PeoPle or whote conmunity as a form of collestive punishnent, by vtay of demolishing houses, enforcing curfe\{s, irnposing econonic or other forms of sancti.ons. 146. Many witnesses referred to the practice of house denolitions used as a collective sanction. Ms. AhIaln Mohaned Said statedr "I have seen many houses beiag denofished, and their o{ners were not there, We used to go to these houses and try to get people's belongings out. Sonetimes they would open the gas tap, so that any fittle flane coufd cause an explosion and fire in the lrhole house, ?hey used to break the glass, tear the books, anything they sau they destroyed, cars a$d other things. "Mr. SENE (Senegal) (interpretation fron French): I am not speakinq of tooting but of the actual demolit.ion of the houses. "The V,IITNESS (interpretation frorn Arabic): Yes, they use enpfosives, they wouLd place explosives in the houses to destroy then conpfetely, sornetines even before the owners could get their belongings out of the house. The Red Cross used to supply suct! people wi.th tents, puE then beside the house so that they were at least able to sfeep in ehe tents, It vras not just one or two or three houses. "Mr. SENE (Senegal) (iuterpletation frorn French): How nafly houses like that have you seen this year? . "The WIII{ESS (interpretation frorn Arabic): I have seen three houses like that, but I don'! renenber ttre dates on which those houses were denolished. "Mr. SENE (Senegal) (interprebation from French)r And the reason why those houses were demo 1i shed? "The wIltlESS (interpretation fron Arabic) ! The participaEion of their owners in demonstrations, nothing else. They regarded this as treason and that they had violated the lar^r. " (A/AC.145,/RT.510) 147. An anonf'rnous witness said in that connection: "... If there is a house, the occupation authorities lrill- cLaim that the younq rnan who threw the stone vras an inmate of that house aud without any interrogation they wilf denolish that house rnereLy on the suspicion that the young man was au inrnate of that house. So the ownels of the house find thernselves without a roof. horneless." (A/AC,145/RT,511/Add,1) A/ 44/ 599 English Page 71 148. Mr. Hafez Toukan, the nayor of Nablus, also mentiofied this problen: "At the end of February and the beginning of March this year there was a series of attacks on the otd part of Nablus. Tlxe occupatioa ior""" blew up a nrrnber of buitdings of archaeoLogical. interest, one of then dating frotn 500 yeals ago- The amount of dynanite used in those incidents rras 6uch as to denolish surrounding houses as weLl.., (A/AC.145/RT.5I8) 149' Mr. Abdel Janad sareh described in the course of his testinony the planning schenes restricting the builcting of houses by palest,iniaus in certain areas anar stated: "These Israeli planning schemes place thousands of hornes uader the constant threat of rsraeli butldozers. since only rsraeli civil and rnititary auehorities have the polrer to approve or deny buildiag perrnits for Palestinians. This is in vioration of staading Laws ard regurations ascribing such planning authority to village and rnunicipal councils, before being changed, in contravention of internatiouar. law, to serve rsrael's expansionist policies. "Consequently, vhen a permit is denied, most of the tine unjustifiably, Palestinians are forced to build their homes wibhout it, takirg Lle rist, since they have no oeher choice. Sometines houses built fegally, under permits fron the locar nunicipar or vilrage councils but which were buirt prior to Israeti plans, are found to be in prohibited uones prescribed by those plans, which are kept secret. from the palestinian popuiation.,, ( A/AC. 14 s/RT. 50I ) 15O. He referred to the psychological rnobiv€s behind the golicy of house dernol i tions : "The tlemolitions have left thousa'ds of parestinials honeless refugees on their own land, depriving them of their greatest asset and the accu.nulation of a lifetime of harar lrork. Even if the fanir.y has the resources to rebuir-d their home, the IsraeLi authorities usually prevent reconstruclion, f,or the land on which the demolished house was buirt is either confiscated or decr.ared a 'closed area'. This Cype of collective punishr €nt is used against Palestinians, not nerely as a punitive measure for resisting the occupation, but also as one of tbe means of creating ,favourabJ,e, conditions for lheir nass expulsion or 'transfer,. Ttre psychological aad tnaterial. impact of the destruction of one's ot{n }rome and its ranifications, including the loss of hope for a nornal future. feelings of being uprooted, of helplessness and uncertainty, is devastating. The Isra6li authorities are contempLating the destruction of the indomitable will of the palestinians r*hich challenges Israeli measures ained at depriving then of the means of survival in their honeland. " (A/AC.145/R?.508 ) A/ 44 / 599 Engl ish Page 72 151. Reference was also nade to difficulties resulting frorn the enforcement of prolonged curfews I "fn Gaza there are sone eight refugee camps uhele the living conditions are terrible. Most of the camps suffer from repeated curfews, lasting a !.reek or ten days at a time, Jabaliya suffers most in this respect, together with Khan Yunis and Rafah, especially the Shabura area. During a curferd, life comes to a st.andstill, no-one can go to work, and since lhe curfe!. can last fo! quite a long tine. people cannot go out' to buy food. Anyone who tries to go out may be 6hot or arrested. People can oDfy go to ldork for a few alays each nonth," (Anonyrnous witness, A,/AC.145/RT.517) "The occupation authorities are trying to create a feeLing ot instability among the people. They encourage their collaborators to set up roadblocks on the nain road6, they will impose a curfew and during the curfew a shoP is ransacked. No civi.tian could do that during a curfew; the only PeoPle who can move freely duriDg a curfew are Israelis or someone who has sPecial pernission to do so. In tha! way Israe1 is trying to create susPicion and antagonisn anong the population." (Anonlmous nitness, A/AC.145/RT.517) 152. valious econonic sanctions were afso referred to, such as bans on the export of product.s frorn the occupied territories, restrictions inposed on the import of currencies fron abroad, the uprooting of trees as a means of reprisal, or the irnposition of heavy taxes: "... the Israeli authorities have banned the export of citrus fruit to Jordan. which used to be a major source of incone for Gaza. That of course had a very grave effect on the economy". "... As for the assistance sent from Palestinians abroad, the Israeli authorities have issued a decree lirniting the inport of currency from abroad. formerly, the amount pernitted was $5,000 or 2,000 Jordanian dinarsi nolr only $300 are permitted to be sent fron any country abroad Eo the occupied territories." (Anonlmous witness. A/AC.14s/RT.517). "... It a young man throws a stone at a rnilitary vehicle, and if he was hiding among olive trees, for example. the Israeli mi.litary forces will cone and uproot aLl bhe trees in the who]e area, even 500 or 600 night be uproot.ed because thele was a young man who threq a stone at a military car." (Anon)4nous witness, A,/AC.145/RT. 51l/Add.1) ",.. Tirelve thousand fruit trees have been uprooted. In addition to the important question of environmental and climatic effects. there is afso the question of the high economic value, particularly shere oJ.ive trees are concerned, One olive tree is valued at $200 to $250." (Mr. yussef Abdef Haq, A/AC . 14 5 /RT. 513 ) A/ 44/ 599 English Page 73 "Very high taxes have been inposed on us. Even paid those persons who have their taxes for 1987 and 19Bg nay be told that they had still pay taxes to for 1985: all those taxes woul,d be imposed at once, enormous su.ns, and this i.s inconceivabfe. If the person concerned does not pay that tax, he is unable to travel. and he may be arrested at any tine on the pretext that he has not paid those taxes.', (Anonl,nous wj.tness, A/AC.14SIRT.5f.6) 153. Other forms of colLective punishment were mentioned in some testimonies. Mr. Yussef Abdel gaq, fron the Econonic Department of the paiestine Liberation Organization, stated in that regard: ",.. As a form of colLective punislunent, they cut off the electricity and vater to sone popu].ated areas such as Ifarat es Sheikh in Hebron, Salim village i|l Nablus and another village in Jerusafem. The electricity and water uere cut off for more than 40 days." (Anonymous witness, A/AC.1as,iRT.5f3) 154' An anon)zrnous r'ritness referred to the iatroduction of speciar. working permits for the Palest.inian citizens: "... rt happened in one of the settrenentsr r don,c kno!, the name of the settlement' but probably it was the Ariel settlenent. The Arab workers have to carry some badge, indicating that they are ,foreign, trorkers, and consequent.ly they were being treated as such.,, (A/AC,14SlBT.516) 155. Another anonlznous witness referred to yet another measure of cotLective punislunent: "Tbey have tried another measure. They ttecideal to change all the car licence plates. That means that before you can have the plaies it has arr. to go i[to the cornputer, they have to see from the iDformation whether you have any traffic fines to pay! if so, they rnay confiscate the car, If they find any other infornation, for exanple. if you have a relative who has been imprisoned, your sist.er, your faLher, then they will not renev, the car pLates, on the contrary, they wi]l irnprison you and tortule you.,, (A/AC.L45lRT.517) 156. Accounts of the rneasures of colfective punishment imposed on the civilian population may be found in docrlnents A/Ac,r45/RT.so7 (Dr, Hani Habib); A/Ac'14s/RT.508 (Mr. Abdel Jawad sareh)r A/Ac.L45IRT.510 (Ms. Ahlarn Mohaned said), A./AC. 145./RT. 51l/Add. I ( an anonynous witness ), A/AC, 145/RT. 512/Adtt. 1 (Mr. Walid Said Mustapha), A/AC.L4S/RT.513 (Mr. yussef Abdel Haq); A/AC.14slRT.514 (Ms. Labibah Hslub), A,/AC,145,/RT.515 (an anonymous witness); A/AC.145,/RT.Sl6 (an anonl'rnous witness); A/AC.14s,/RT.5t7 (three anonf,nous wienesses)i and A,/AC. 145/RT. 518 (Mr. Hafez Toukan). w!r!!cdu€9Ira-E!a! (Information on thi6 subject covering the period from 26 August 1988 to 31 March 1989 is to be found in the periodic reporL lA/44/352, paras. 110_t5Z)). A/ 44/ 599 ljnql l. sn rafe 74 157. During the period unaler consideration, the special committee received reports frorn various newspaPers providing information on various forms of cotl'ective punishment imposed on th; civiLian population in contradiction with the provisions of the Fourth Geneva Convention. The SPecial Conmittee afso received various cornmunications from the Government of Jordan meutioning, incer alia. rePeated incidents such as tbe uProoting of olive trees, the demolition of houses' the irnposition of curfelts, or other acts of aggression against civj'liaDs' The reporting period witnesseal a considerable anount of neasures of collective punishrnent, implemented in three nain ways: the dernolition of housesi lhe imposition of curfews or sealing of,f certaiD areas; and the imposition of econotnic sanctions. Owing to the frequency of these cases, which, if Iisted individual"ly' would tiave taken up considelabfe space, only a few eaamPles are cited below in order to itlustrate the situation iD that regard. (i) Denolition of houses 15B. On I May, it was reported that the farnily of Attia Khalil Mustafa, frotn Kalkilya, said that their hone had been demolished by the IDF by mistake and demanaled to receive compensation or else Ehey would Pecition the High Court of Justice. The house rtas demolished on 16 January 1989. The reason given in the demofition order was that Khalil Mustafa's two steP-brothers, AtLa and Muntser, had beer charged with throrring sLones at an Israeli car on 17 December 1988, and that the two had lived in the house. According to the family, the tlto susPects lived in the father's house and not in the brother's house that was demotished' (Ha'aretz, B May 1989 ) 159. On 1l- May, the Suprene Court upheld the IDF's right to denolish houses in the territories in reaction to Petrol bombings, even in cases when the bonbs caused no damage. The court reportedly upheld dernolition orders on three houses and the seating of another. (Jerusafen Post, 12 May 1989) 160. On 15 May. troops demolished and sealed 12 homes belonging to families of nen arrested on susPicioD of killing alleged collaborators' The demolitions were carried out during a general serike marking the Glegorian calendar anniversary of Israel ,s independence. Houses rrere denolished in Akabat Jaber canP. near Jericho. Nablus, Balata camp, Arub canp and Deir Nizam, near RamafLah. (Ea'aret"' Jerusalen Post, 16 May 1989) 161. On 13 June, the IDF demoLished four homes and seated seven others in the West Bank, folfowing the arrest of over 50 Pafest.inians susPected of attacking alleged coflaborators and soldiers. (Ha'aretz, .Ierusafem Post. 14 June 1989) 162. On 18 ,June, it was reported that trooPs had demolished and sealed nine houses in the Gaza Strip over the rreelend. The houses of the fanilies of Maswan Isa. aged 24, Nasser MuttaLuk, aged 23, and Jamal Allan, aged 26, $ere demolished after the three uere suspected of plantiug explosives and throwing P€trol bornbs. Three homes were denolished in Khan Yunis for being illegatly built and three hotnes were seafed in zeitun nej.ghbourhood, Gaza, because a member of each family was suspected of taking part in the killing of an alleged colLaborator in the area. (Ha'aretz' Jerusalem Post, I8 June 1989) A/44/599 English vacre /5 163' on 17 July, security forces denorished the homes of Nihad yussuf Jundiya and Muhamnad Harndiya after the t!.ro had confessed to the nurder of rsraeli civilian Za1nan Shlein, of can yavne. Some 40 people reportetily tiveal in the two houses. situated in Sajai,ya, caza. (Jerusaten post, 18 JuIy 1989) 164' on 30 July, the High court. of Justice ruted that palestinians v.hose hones were to be denolished were entitr.ed to appry to the High court against the denolition. The decision reportedly narked the first tirne the High Couri had principally restricted the army on a securiey-related issue since the start of the uprising. The decision was given in response to an apptication by ACRI . In iEs unauimous decision, the High Court ruled that there was ',no justification, legal or otherwise, Pertaining to irreversible results after the fact, that we vrould refuse to hear argunents against actions by the authorities,,. Nevertheless, the Hiqb court said the rDF could danorish a hone imrnediately if there were "operationar rnilitary needs". The ruling also said that the rDF r,ras permitted to seal hornes immediately, siDce the sealings were reversib.le. (Ha,aretz, Jerusalen post, lI July 1989 ) 165. On 1 August, security forces handed six Jabaliya canp residents orders inforrning thern of the intention to demoLish their hornes. This followed a ruling by the High court of ,Justice severa.l days earlier that the security forces shourd give people $hose homes were stated for denofition a chance to appeal against the decision. Tbe six persons concerned rrere reportedly suspected of membership in "shock connittees"' and had arr been arrested one nonth earlier. They were Muhsein Abu Rukna, Anwar Abu- Habel, Rafik Handuna, Ahnett Naji, Inan Abed and Mustafa Abu al-Ata. (Ha,aretz, 2 August 1989) g 166' on August, it was reported that a petition siglett by 350 public figures was sent to Defeuce Minister Rabin, protesting the decision to seal the apartnent of Henriette Tamas, located above the apartment of Industry Minister Ariel" Sharon, in the Moslem Quarter of Jerusafen's old city. Mrs. Tamas had been living in the apartment for 50 years. The pretext for the seafing decision was the activity attributed to her son Francis, who had arlegettly thrown a petrol bomb at the united States consulate in East Jerusal.em. No one was hult in that attack, vhich took place during the night. The petitioners said that this nould be the first case of collective punishrnent in Jerusalem imposed after an i.ncident not resulting in any iniuries. rt was also reported that since Minister sharon moved into the building, Mrs. Tarnas had been under pressure to sell her frat and had been subjected to harassrnent, frequent searches, day and night, and prohibition of visitors fron entering the building. (Ea'aretE, 9 August 1989) (ii) Inposition of cu!fews, sealing off or cLo6ing areas L67. On 8 May. the eve of Israel's Indepeodence Day, close to I miLllon Palestinians were unde! curfew, An opeu-ended curfew was imposed on the entire Gaza Strip and on Nablus, Tufkarern and Jenin. (Ha,aretz, JerusaLeq post. 9 May 1989 ) 168. On 16 May, the caza Strip lras placed under an indafinite curfew. Defence Minister Rabin decrared that the measure was neant to 6how palesEinians that they A/44/599 Engl i sh Page 76 could not take their jobs in Israel for granted. (Ha'aretz, Jerusalern PosL, 16, 17. 18 May 1989) 169. on 17 May, it was reported that curfews remained in force in Nur Sharns refuqee camp for the sixteenth day, Anabta for the thirteenth day, Ein Yabrud for the tenth day, Tulkaren refug€e camp for the fourth day and Danaba for the third day. The entire Gaza Strip iras aLso kept unde! curfew. (Attalia, 18 May 1989; A1 Fajr, 22 May 1989) 170. On 4 June, a total curfew r..as inposed on the Gaza StriP and a general sttike was observed throughout the territories to nark the t{enty-second anniversary of the June 1967 war. (Ha'aretz, Jerusalern Post, 5 June 1989) (iii) Imposition of econonic sanctions 171. On I May, IDF troops uprooted 500 ofive trees in the village of A1 Kahder. Sone 110 trees were uprooted in the village of Azmut and 100 in the vilfage of Beit Wazzan. (A1 Fair, 15 May 1989) 172. OD 18 May, it was reported that all Gaza Strip residents woufd henceforward be required to have an individual permit to cross into Israel for work or business purposes, and that similar restricti.ons wou]d also be eatended to West Bank residents in time. Defence Minister Rabin said that that measule $rould enabLe bet.ter control, for security reasons, of the novemeDt of people entitled to work inside Israel. (See also "Freedorn of rnovenent", paras. 201-211). (Ila'aretz, J€lnS alern _!as!, 16, 17. 18 May 1989) 173. On 2 JuIy. while security forces inposed a curfew on Beit Sahur, cars belonging to people who had not paid their taxes were confiscated and several people vrere arrested. (Jerusalen Post, 3 July 1989) 174. On 20 August, it was reported that one $eek after a petrof bonb attack on tax collecting officials of the civil adrninistration in Ramallah, shopowners on the street where the attack took place were still prohibited from opening their shops, and several had the doots of their shops we.lded. It was also reported that tar. authorities in Ramalfah have been stepping up their activity, irnposing high taxes and confiscating ID cards from dozens in order to force them to pay their debts. (Ha'aretz, 20 August 1.989 ) 175. On 25 August, it was reported that Nab1us residents had been conplaining of tax raids over the past five days. According to local reports, at least 70 merchants, including older nen, had been arrested and were being detained in a tent in the nilitary government compound. and some 100 ID cards had been confiscated to force residents to pay their debt.s. In another development, it was reported that 70 citrus trees had been uprooted by army bulldozers at Nasariya, in the Jordan va11ey, after a stone throwing incident. (Jerusalem Post, 25 August 1989) A/ 44 / 599 Engl ish Page 77 (iv) Other forrns of coLlective punishnent 176, On 4 May, it k'as reported that. Jenin refugee cajnp had been deprived every evening fron electricity for 10 days running. (Attalia, 4 May tgBa) 177 ' on 12 April, it was reported that the security authorities had issued about 200 green identity cards to par.estinians frorn the west Bank and the Gaza strip, barring their entry into Israel. Most of those issued. with such cards were prisoners forrner or susPected activists' Pal.estinians reported that recipients of the new cards often nade 'rere to wait for days at nilitary govelnnent headquarters, and were offered their original ID cards back if they signed a pledge of gooa behaviour, (Jerusalen post, t2 ApriI 1989) 178. On 26 JuIy, it was reported that so]diers al Far'un, near Tulkarern, had allegedly cut off power for 12 days to compef vilragers to rernove par.estinian fr.ags fron electricity lines. (Jerusalem post, Z6 July 19g9) 179' on 4 August, the rDF sealed 20 shops in Khan yuuis fotlowing the throwing of a grenade at a patror. The shops were sealed, reportedfy in order to er.ert pressure on the owners to give inforrnation on the perpetrators, aud a.lso as a deterrent. (Ha'aretz, 6 August 1999 ) (c) ExpuLsions Oral evidence 180' The specia] conmittee heard several statements on the practice of deportati.oD and erpulsion of Palestinians from the occupied territories. During ghe hearings on this subject, rnany r,fitnesses stressed the illegat nature of the deportation procedure and the fact that the intended deportees had not been given the opportunity to see the allegations leailing to their erputsion. Mr. Mas'ud Osman zu'aytar, a deported shopkeeper, stated ia that connection: "lhe brial started after we received the aleport.ation order, We were brought before Che consultat.ive corunit.t.ee. I iras brouglrt before that conmittee only once or tlrice, we were convinced that our deportat.ion r.ras to be carried out for political reasons. There were no specific charges. The lalryer was not allowed to see the confident.ial file. They prevented everything. The hearings were all in canera, and they were always trying to delay the arrival of the defence lawyers. So I was present at one hearing only. Most of the trial was in absentia, and sonetines the ]awyer could Dot attend because of the obstacles they put in his way. There $ere supposed bo be many sitbings, aetualLy, but we as a group _ the cofleagues who were dePorted uith me - nrere not present and the proceedings were concluded without our being present. we were alividett iato groups, and we were 13 persons. There was a dialogue between the lawyer and the prosecutor, but we ditt not have the right to speak or express our position; we were not given cha! opportuuity. I was not even alloweal to ask why I was being deported.,, ( A/AC. 145/RT.507 ) a/44/599 English Page 78 181. Mr. Abdel Hanid E1 Baba, another person expelled from the occupied territori,e6. recalledr .i "After I received the deportation order f was in Jneid Prison in Nablus. Thlough the lawyers I appealed against the order to Che military comnander, Avialn Mitzna. A corunittee was set up Eo hear miLitary objections to the appeaL. They are supposed to review the order nade by the military commander, as to whether it is legal or i1legal. That committee met several Eines. "The CHAIRMAN: Were you presenb at chose neetings? "The (interpretation from Arabic): The neetings of the rnilitary comnitEee were''IITIiIESS sonetimes in public and sonetimes in private. I anal my lawyers ' attended Lhe public rneetings togethe! with the alislrict prosecutor, but that wa€ only to hear our deposition to the committee, As soon as I had given ny testirnony there and ny laltyer had given his speech in defence, I was taken out and the rneeting proceeded in carnera, trith onfy the military authorities, the intelligence officers and the members of the conmittee. "The CHAIRMAN: What about your la!"yer? was he able to participate i! those private ses sions ? "The WITNESS (interpretalion frotn Arabic); No, the lalrye r has no right to discuss thiogs with the intelligence officers or to attend the private meetings, olxly the other nernbers. .,The CHAI RMAN: I suppose that is the reason why there was a delay in your d.eportation? "?he WITI$ESS ( intelpretati.on fron Arabic)r Yes. There $ould be Cuo weeks between rneetings of the comrnittee. The lawyers used to send written questions, and the connittee wou]d answer ttren in writing two lreeks later. I must. say that that committee is appointecl by the rnilitary commander of Ehe central region. " ( A,i AC. 145/RT. 513 ) 182. A number of wiCnesses referred in their testinonies to the physicaf and psychologicat ill.-treatnent they were subjected to whiLe they lrere kepe in cuscody prior to their deportation. Abdalla Jbara stated the f,ollowing! .Mr. Janal Shakir ".tust after I gave myself up, they handcuffed ne, threw me in a car, blindfolded ne and took ne to Nablus. When they took off the blindfold r realized where I was. There was a tent with ten young men iDside, a tent on empty ground, and the ground under the tent vras nudaly and there as water. There were four solaliers inside the tent as vrel]. I tralked in sniling and a soldier saitl, 'What are you smiling for?' and I told hin. 'It's better to smife than eo frown', so he started beating me with the butL of his gun and with a stick. ODe of the young men tried to interfere and said, 'Don't do that to hin', so oue of the f,our soldiers hil that young man with the butt of his gun in the eye, and I saw his eye pop out, I saw it there, They ordered ne bo sie dolrn, asked n6 my name, anal I toLd them that ny name was Jamal. A/ 44/ 599 Engtish paqe Z9 They started hitting me and told rne to say 'Janal, sir,. I ditt so and they said, 'your nalne now is a number, and th6t gave me a nujnber, and they used to ca.Ll me by that number, to insult ne. rt is a sort of denoralizatio; that they appLy. " "". They took us from 'Atlit to Jneid prison in Nablus. rt was tvro hours drive by car, and in the car they continued to insurt and beat. us. hit the back of our heads trith thei! batons, or with lheir hands, or they kiehed us. During the drive, one of the sotdiers asked me, 'Do you support iar"" o. Shanir?' and I told hin that f supported peres, so he got furious. He atidn,t like the fact that f supported peres and he started hitting ne hard and yelfing at me. He said, 'you shouLd support Kahane'. It was a horribte to drive Jneid prisoD. There vre were put in solitary confinernent and lre didn,t know what was going on around us. "After about an hour or so, they started ealling us one by one and are r.rere each told of the decision ,' to deport us. It was a horrible and unpleasalt surprise. (A/AC.145/RT.513 ) 183. The harsh conditions of the actual deportation process were a]so described by some witnesses. Mr. Jamal Nanr, a deported teacher, said in the course of his testirnonv l "f was in ny celL, my eyes were bLindfolded and ny hands were handcuffed. They carried rne, Literatly carried rne to a van. I was driven and I was dropped in Lebanon. f could not walk, of course, at the tine. I was handcuffed and my eyes were covered. They knew that I r,ras in bad health. They did not j.nform my family or anybody that I was being deported.,' ( a/Ac. t 4 5/RT. 510 ) 184. Testimonies referring to the problern of, expulsions fron the occupied territories nay be found in docr.ments A/AC.14SlRT.507 (Mr. Atunad Mohaffinad Jabar Suleiman, Mr. Masud Osman zu,aytar), (Ms. A/AC.l45/RT.5Og Haifa Abdallah, Mr, Saleh Abdallah), A/AC.145/RT.51O (Mr. Jamat Nanr)i and A./AC.14s./RT.513 (Mr. Abdet ganid El Baba. Mr, Janal Abdallah Shakir Jbara). [ritten infornation (Informatiou ot] this subject covering the period from 26 August 19gg to 31 March 1989 is to be found in the periodic report 185. On 3 May, the civil adrninistration e*pelled to Jordan tgro women, Maryan Suleirnan, aged 25, ard Hucta Kanarik, aged 23, both fron Awarta viLlage near Nablus. Suleirnan was in her ninth month of pregnancy and Kawarik had daughters, three one just 10 days old, sources in the civil adninistration said the two had to feave the region since the validit.y of their ,'staying visa,, had expired. According to the law they lrere not residents of the region and the measure l,as not considered as an exputsion, but as a noD-renewal of a visa. (Ha,aretz, 5 May 19g9) A/ 44/ 599 ElrgI i s h Page 80 186. On 21, May. the Chief of Staff Dan Shomron asked the Goverrunent to consider tabling legislation to facifitate deportiug convicted terrorists lrho were caught a secoud time. It was reported that, although suspected terrorists coul.d at present tre deported without trial. under the emergency regulations, their right of aPPeaL made deporeation a long and cumbersone Procedure. (JerusaLen Post, 22 May 1989, 187. On 31 May, it was reported that the trend to exPel Persons without a vafid ',staying visa,' had increasecl recently in the civil adrninistration, and that at least eight wornen had been expeJ.led to Jordan over the Past week, and seweral others received warnings that they would be erPefLed shortly. Most of the wonen were said to be married to residents of the West Bank. On 28 May, Muharunad Afif Ayadl, ageal 30, from Silwad, was arrested on Ehe grounds that his v'ife lras staying in the region uithout a Pernit. The wonan haal just given birth to a baby. He was bold tbat he woufd renain in detention until his wife left the region. Three women from Niana village and three from Silwad were expefled recently for sinilar reasons. (Ha'aretz, 3I May 1989) I8B. on 1 Juue, it was rePorted that over the Past fortnighb 10 Palestinians, most of then wonen, had been expelled Lo Jortlan. Such Palestinians were not considered to be residents of the west Bank and their "staying Permits" had exPired. According to security sources the increasing nwnber of expulsions tlid not indicate a change of policy, but rather a more efficient enf,orcement of the law. Most of the people affected were rnarried to West Bauk resideDts and r'ere holdels of tenporary ',staying perrnits'., It nas estimated that. there were several thousand people with a sinilar status in the West BaDk. In the Past, the authorities used to renew expired perrnits and even to graDt a status of resident, in the framework of a "farnily reunification" procedure. On 23 June, it was rePorted that the IDF and the civil adninistration had swwnoned three residents of Shweila, near TuLkarem, and confiscated their ID cards pending the departure of, their wives - who were Jordanian citizens whose tenporary Permibs to stay in the region exPired. The three were Ghassam Faiz Ja'arun, Irnad Ibrahin Hawil.ad and Adnan Attiya Bahati. They were told that their rrives had to leave the region within 48 hours' On 25 June. the three vromen vrele etrpelled to Jordan. (Ita'aretz, 1-, 23' 26 June 1989) 189' on 15 .tune, the High court of Justice rejected aPpeals against deportation by MoharNnad Al-tabadi, aged 33, from Abu-Dis, and Radwan ziyada, aged 31, from Hebron, but gave their at.torneys another ireek to submit furLher arquments. The dePortaiion orders were issued in July 1988. Both rnen were union activists accused of links with "terror organizations" and, in particular, Lhe Democratic Front (DFLP). (Ha'aretz, Jerusalem Post. 16 .iune 1989) 190. On 29 June. the nititary authorities eaPelled eight residents of the territories to southern Lebanon, The eight were described as leading figures in the uprising. Only t!,ro of them had eahausted the appeals procedures by petitioning the High Court of Justice. Their petitions rtere reiected. The eight were: Muhammad al-Labadi. aged 33, frotn Abu Ris. Radwan ziyada, aged 31, fron Hebron, both active in west. Bank fabour unions who received their expulsion order in July 1988, Akef ltamdaltah, aged 28, a student from Anabta. Taysir Nasrallah, aged 2?' a student fron Balata' Attah Abu Kirsh' aged 54' aD eagineer from shati qanP' Muhanmad A-Maduh, aged 38, an aglicuLtural worker from Gazai Riad Ajur, aged 27, a A/ 44/ 599 Engl ish Page 81 greengrocer frorn Gaza, and Nabil Ta.rnus. aged 21, a mechanic from Khan yunis. Defence Minist.er Rabin announced that if calm returned authorities to the territories, the wourd consider alfowing the deportees to return within three years. (Ha'aretz, Jerusalen post, 3O June 1989) 191' on 24 August, the High-court of Justice rejected a petition subnitted by four senior activists in the uprising against their aeportation. The court said it saw no reason to reverse the deportation orders, in view grave posed of the security risk by the four. The four were Muha.rnmad Matur, aged 40, Dr. odeh Ma,ali, Taysir Aruri and Majid Labadi. (Ha,aretz, Jerusalern post, Z5 August t9g9) (d) Econornic and sociaL situation Oral evidence 192' A' nunber of witnesses referred to the deteriorating civil population, living conditions of the in particufar since the start of the uprising. An anonymous witness said in the course of his testimony: "... ?he main plotrlen is social tife, or .lack of it, Iinited and Bg!__c!gi!e incone cases of extreme poverty. A family may have three rnembers arrestedi sometimes -nly a fanily of 30 persons may have two breadlrinaers. fn such circumstances it is very difficult for a farniiy to subsist.,, (Anonl4nous witness, A/AC. 14S,/RT. 512 ) 193, Mr. Hekmat Jaber stated the fo.lLowinq: "... The worker may cone and work in the workshop for alr hour, and then the army interferes, and they prevent people from going to work. So hal.f of these faclories have closed their doors. (Senegar) "Mr' SENE (interpretation from French): Has this le. to a drop in the standard of living, as a consequence of the drop in production? has ?here also been the devaluation of the dinart what have beeD the consequeuces? What is the situation there now? "The WII}'IESS ( int.e rpre tation fron Arabic): A arorker earns abouE 90 dinars a month, and he spends it all. Now we do not have enough work in the West Bank because half of the factories have closed. The devaluation of the dinar means that those who get 90 dinars find it will be irorth 50 only dinars after the devafuation, and that is not enough to cover the needs of a farnily. This has led to a drop in the standard of living. economically speaking, " ( A,/AC. 14 5/RT. 510 ) 194. Mr. Muphid Nearat referred to the dranatic consequences of the econornic situation in the camps: ", .. Those ldho really suffer and go hungry are thos€ I iving in the canps. Even before the intifadah they were living iD a huni.liating situation: dogs evea fare bet.ter. There was sewage, the situation was very bad, there was not A/44/599 English Page 82 enough food on a daily basis. sorne of them uould sPen'al a whole week ltithout vrork, so how were they t.o feed thei.r children?" (A/AC.145/RT.510) 195. Mr. Yussef Abale1 Haq described the Policy followed by the occuPying authorities in the economic sector, l'ith the comPlete destruction of the Palestinian economy as its finat ain: "... First, they tried to Persuade Pal€stiaian tnanPower to leave Productive agricult.ural. and industrial Projects, that period lasted from 1967 to Lg73-74. Ttre salary of a PaLestiniaD labourer in the Israeli secLor would be double rthat he receivecl in the occupied territories. Throughout this Period the occupation authorities made 6ure ehe inhabitants would have income' but not fron their focaf or national Production activities. "once ttris stage was achieved, in other r.ords. rthen Palestinian labour nigraEed from the occuPied territories to the Israeli econony, or even to sone of tbe petro leum-producing Arab States, Israel' started inpJ'enenting the second phase, namely. the marginalization of the Palestine economy. By marginalization I mean that they tried to decrease its volurne and size. Thus they took certaiD adninistrative anal legal measures in order !o obstruct licences for industrial Production and to Prevent the PlantiDq of even one tree without a permit or a licence fron the occuPation authorities. in accordance witb Military Order No. 1034. "Fotlowing that narqlnal' I zation. the occuPation authorities tnoved on to the third stage. Once the Palestine labour which had migrated to lhe Israeli economy had reached 11O,OO0 registered workers plus another 30,000 to 40,000 unofficiaL migrant fabourers, IsraeL aimed at an econonic stranglehold. the policy which it has been applying recently. In this last, third stage, the occupatiotr authorities hav€ been dunping all kintts of Products on the palestinian rnarle!. r. ( A/AC.145/RT. 513 ) 196. Problerns resuft,ing frorn foreign trarie limitations rcre nentioned by several witnesses, Mr, Abdel Eaq stated iin that regard: "As far as foreign Crade is concerned, there is, for examPle, tthat took place rith the EuroPeal Econonic cotmnunity. In 1986 the EEc allowed the import of Palestinian Produce. but bhe occupation authorities used every means of obstructing bhos€ exPorts until it vas obliged, under Precsure from the EEc, to allow the exPorE of Palestinian produce to EuroPe. But when you exanine the Practical stePs which have to be Eaken in order to elPort, you will see that they have taken back sith the left hand what they have provided with the right' There i6 a sort of 'security controller' at every stage of packaging who harasses the Palestinian producers and workers aDd imPedes their work on various Pretexts. A nel{ etport ficence rnust be obtained for each consigrunent exPortedl th€se are bureaucratic and adninistrative measures intended to inpede exports. The! ther€ is the problem of, storage' Palestinian export authorities examining the storage of eggPlant intended for export lo France foutd that Israeli suPervisors had raised the temPerature of the cold store to such an extent thaE the produce was comPfeEely ruined' At A/ 44 / 599 Engl ish Page 83 present there is a case before the court, brought by the insurance conpany r,rhich had insured that produce. In adalition, 20 per cent of all packages exPolted to EuroPe are opened by the occupation authoriti.es.,' (A/AC.145/RT.513 ) 197' Another witness referred to the discrimination against palestini.an workers conPared to Israeli lrorkers: The "... Israeli workers would come at 9 a,m. and go home at 3 p.rn. We PaLestinians used to Leave our homes at 5 a.m. , t.e *ould start lrork at 6 a.n. and work until 4.30 p.n., and we had only haLf an hour fo! Lunch. ^Mr. JOVANIC (yugoslavia): So you would conclude that there was discrinination between the rsraeli and Arab workers, to the Israelis? benefit of the "The WIINESS (interpretation flom Arabic): yes, there was di s cr irnination. They also used to give the heavy work to the paLestinians the and lighter work to the Israelis. For instance, if there were jobs to be done under the scorching sun, it was the palestinian wolkers who did it: if lhere was more confortabLe work in the shade, the Israelis did it." ( A/AC. 14 5/RT. 515 ) 198. Specific reference r,ras also made to difficulties faced in the agricultural sector, in particular by farmers in the Gaza StriD. Au anonl'mous witness from stated in that regard: Gaza "The Israeli authorities are trying to destloy agricult.ure in Gaza because they knoaf that lre depend heavily on agricultuie, especially growing the of citrus fruit. They have put various obstacLes in the wav of the export of citrus fruit. rn the 1960s we used to export boLh to wesiern Europe and to Sociatist Europe, but now that is banned. They claim that they were protecting their own produce. we are rearry perprexed. we have tried to e*port to Eastern Eulope and to Western Europe, but. whatever we try, obsEacles are placed in the way, "Then we tried to export citrus fruit to.Jordan across the The rsraeri bridges. authorities pr.aced extra obstacres in ttre way by increasing taxes, by limiting the number of vehicles which may go out, by requiring ceri.ain permits only granted under their own supervision. They witl hold back the truc-ks for two or three days in the sun before they can closs the bridge, When the vehic]es unfoad their produce they keep it for 10 or L5 days. They nay take down the ergiDe of the vehicle. They only atto!, 50 trucks to operate, and it bhey hold back 40 of thern and onlli alLow ten to operate, it rneans that the season will be over before the produce can be exported. This, of course. constitutes a great loss to the grower. IsraeJ. has opened juice extraction Plants in fsrael and we can send our produce there, but of course they buy the fruit at a very, very lovr price. Eariy in the season they bought it. ior g1eo. but when the intifadah intensified, the price dropped to g60. when the countries of the European Economic Conrnunity agreed to import some of our b,/ 44/ 599 English Page 84 citrus f,ruit, they increased the obstacles. We have excellent fruit and nany experts from Europe cane to exanine and taste iL' They were very Pleased with the quality. But after the produce was .l oaded on to the ships, they remained in pori for a week or tetl days. They were delayett for such a long tine that when the produce arrived in BuroPe it would be rotten, and nobody would buy it, since the contract was for quality fruit. "There is also the Problem of water' Of course, all over the world there are water problems, but the Israeli authorities have forbidden anyone to dig a welt to irrigat€ his citrus groves because 'Gaza has no water'. But at the sane time, ten mebles away on the other side of the 1967 border, they ''iIl djg not one well but ten. I nyseLf have a farm and they have Prevented me frorn digging a well on my own land, on the Pretext that there is not enough !,rater. " (A/AC.145/RT.517 ) 199. Reference r.ras also rnade to the gqestion of livestock. one anonvmous witnes s fron Gaza said the foltowinq in that connections "... Poult.ry breeders have sustained great losses because of difficulties in bringing in bhe chicken feed because of freguent lenqthy curfews. In addition, poultry are also affected by the tear-gas fired by the arny' Then the drugs needed by poultry breeders are very exPensive, and veterinarians rneet with obstacles when they need co travel within the region. A1so, the weakness of the dinar rneans that it has a lol^'er Purchasing Power than formerly, The local rnarket caunot absorb all the chickens Produced: before the intifadah there was a free exchange of products between the West Bank and Gaza, and lhis helpeal to absorb our poultry Productio4' "Beef Production is suffering in the sane way. Lately a factory for dairy products has been built in Gaza, but the occuPation authorities have refused to grant it a licence uuder the preteat of protecting their own daily products, although the factorY is fully equiPPed. It is in Jabaliya"' ( A/AC . 14 5/RT, 517 ) 200. Accounts of the econornic and sociaf situation in the occuPied territories nay be found in documents A/Ac.145/RT'510 (Mr. Eekmat Jaber, Mr' MuPhid Nearat' Mr. Orar Basha)i A/AC.145/RT.512 (two anonymous eritnesses)t A/AC'145/RT'512/Add'1 (Mr' zuhdi Saed), A,/AC.145/RT.5I3 (Mr. Yussef Abdel Haq), A,/AC.145lRT'515 (two anonyrnous witnesses); A/AC.145/RT.516 (an anonl'mous witness)t A/AC.145/RT.517 (four aronynous witnesses)t and A/AC.14s/RT.518 (Mr. Hafez Toukan). A/ 44/ 599 English Page 85 2. Measures affectinq certain fundanental freedoms (a) Freedorn of novenent Ora.l evidence 201' Different measures restricting freedom of movement lrere referred to iu various testimonies. Sone witnesses mentioned thaL they were constrained to leave the occupied territeries because of the refusal of the occupying authorities to renew their work permit, One anonlzmous witness stated in that regard: "... Ten of us working at our university were refused work permits. Some of them tried to get back by getting a permit to visit their relatives, but whenever they went there, one nonth later they wourd have to return to Amnan. They were not arr.owed to stay there for rnore than that period of time." ( A/AC. 14 s/RT. 50I /Aald. 1) 202' other witnesses referred Lo the rong formarities necessary in order to reave the occupied territories. An anon]4nous witness who had b.en injured in the course of the uprising and needed medical treatnenb abroad said in the course of his testimony: "The fifs! tine I wanted to corne here, they gave ne a permit for onJ.y one and a half nonths. But the doctors said that I needed to continue ny treatment for longer than that, so I had to apply for another permit, an extension of the pernit. I presented the application in order to be able t.o re-enter the hospitat, but they said that I had to get the approvaL of the intelligence service. They kept asking me to go Co the intelligence service once every two weeks to get this paper, this approval . So for about six rnonths I went to the intetligence service about every two weeks, trying to get that paper. My fanily used to carry me, to help me to go to get that permit, After six months they arfowed me to cotne for medical treatne t for the second time." (A/AC.145/RT.515) 203' Another anonymous witness whose identity card had been retained by the military authorities as a guarantee that he trourd pay a fine imposed on his son said the fol lowino: "since r am a nerchanE, r use ny car a 1ot, and it was very ttifficult for me to move around r,rithout ny identity card which was stil1 retained by the occupation authorities. Finally, I was obliged Co go and pay the fine they had inposed, in order to retrieve ny identity card.,' (A/AC.t45lRT.517) 204" Accounts of the linitations affecti.ng freedom of ,novement nay be f,ound in documents A./Ac.14slRT.508/Add.1 (thrae anonymous witnesses), A/Ac.14s/RT.sla (t$o witnesses), A/AC.145,/RT.S15 (an atron),mous witness)i anal A,/AC.145,/RT.517 (an atron)rnous r,ritness) . A/ 44 / 599 Engl i sh Page 36 Written inforrnation (Infornation on this subject covering the period from 26 August 1988 to 31 March 1989 is to be found in the periodic rePort (A/44/352, paras. 161-163))' 205. On 12 Apri], it. was reported that the security authorities had issued about 2oO green itleDtity cards to Pal,estinians from the west Bank and the Gaza striP, barring bheir entry into Israel. Most of those issued witb such cards.lrere former prisoners or suspected activists. Palestinians rePorted that recipients of the new cards were often nade to wait for days at nilitary goverrunent headquarters. and were offered their original ID cards back if they signed a PLedge of good behaviour, (A1 Fair, 10 April 1989; Jerusalen Post. 12 APril 1989, Attalia, 13 April 1989) 206. On 18 May, it l.ras reported Ehat all Gaza Strip residents would henceforwartl be required to have an individuaf perrnit to cross into Israel for work or busi.ness purposes, and that siniJ.ar lestr.ictions would also be exteuded to I'{est Bank residents in tirne. Defence Minister Rabin said that that measure ltould enable better control, for security reasons, of the movement of PeoPl'e entitfed to work inside Israef, (Ha'aretz, .terusalem Post,]-6, L7,18 May 1989) 2o7. oD 6 June, nilitary authorities rePoltedly began issuing pl'astic identity cards with a nagnetic st.rip to Gaza StriP residents wishing to enter Israel' The measure .vras deEcribed a6 a further effort to tighten control over the residents. It r^'as reported that some 2,000 residenls with security or crininal lecords wouLd not be entitled to a card. (.terusalem PosE, 6 June 1989) 208. On I August, ACRI petitioned the High Court of Justice against the IDF's practice of prohibiting Lravel across the Jordan bridges to residents of entire towns and viflages in the west Bank as punisbnent for unres!. The request nas submitted on behalf of a vilLager fron Kafr Malik, near RamaLlah, and three residents of Nabatiya who were prevented from travelling to .tordan, over a year ago. According to ACRI, there could be no seculily grounds for banning travel by residents of an entire village while Pernitting the deParture of residents of another vi11age, Alabs fron specific connunities vere either denied traveL Pernits at local civil administration offices, o! turned back at the Jordan bridqes after receiving permits. Nablus residents lrere banned fron lravelling to Jordan for four rnonths, In 6one cases people working abroad lrho arrived in the west Bank for family visit were Prevented by travel. bans from returning to their jobs. (Jerusalem Post, 9 August 1989) 209. On 17 August, the High Court of Justice granted a petitioD filedl by sa.rnir Jarab, a Palestinian working in saudi Arabia, against the IDF's decision to baD his travel to that country. The petitioner lived in Tulkarem untiL l98o and had been living and working in Saudi Arabia since 1988. When he arrived at the .tordan bridge in June 1989 to visit his rel.atives in the west Bank, he \tas detained for 15 days and questioned about the activities of bis tvto brothers, lthose whereabouts he did not know. t'lhile his wife and daughter were allowed to leave the region on 16 AugusE 1989, he was not authorized to do Ehe sarne. He said that he must be back in his job by 1 sePtenber 1989, and added that he was not involved in A/ 44/ 599 Engli6h Page 87 any illegal activity. The High court judge gave the rDF conmander in the west. Bank seven days t.o reply to the petition. (Ha,aretz, 1g August 19g9) 210' On 18 August, new regulations ltent into effect, pernitting entry to rsraet for Gaza Stri,p residents carrying magnetic ID cards. protesEs were region against reported in the the new measures. rt was reported that about 60,000 cards had been issued, and about 1.000 Palestinians had toia trre auchorities confiscat.ed that their cards rrere by uprising activists, An rDF spokesna' sal.d that 1,900 rnore cards were issued on 17 Augus!' on 22 A'gust, it was reported Etlat security vrere considering authorities introduciug sirnilar cards to west Bank residents in order to ban entry to persons who had been convicted in the past crirninal of a security or a serious offence or had been served with an adrn^ini strative deteniion term. (Ha'aretz, 18, 22 August 19g9) 2ll. On 25 August, it tr'as reporteat ttrat villagers at Taluza had been prevented from travelling abload for several months bv the military governrnenl, which insisted that they shoutd first reappoint a toclt council.. (.Terusalem post, 25 August 19g9) (b) Freedom of religion Oral evidence 212. Restrictions on freedom of religion were evoked by some xitnesses. The mayor of Nablus. Mr. Hafez TouLan, said in that reqard! "sometines nosques are attacked at. night, the Hory Koran being throun on to the ground; this happened in Nablus. The arrny forced alcohol, r.hich young ne! to drirk is forbidden by fslarn: they threatened them r|ith ro force then to do so.', (A/AC.145/RT.S1g) "r""porr" 213. An anonynous witness related the fotlovilrg recent incidentt ".., You know that MusLirns fast throughout the month during of Ranadan, anal that fast no citizen of the west gao* o, Gaza is allowed to attend Friday prayers in Al Aqsa mosgue in .Ierusalen. But I was Jexusalen allowed to enter on a Friday. I was with a cofleague ... and we wanted to perforn Friday prayers, A barricade had been erected inhabitants by the army to prevont of the west Bank fron entering Jerusalem. Of course, we were fasting, ,We both buC I told my colleague, are going to play a trick oD them to get into Jerusalem.' r told him we would both light .were cigarettes in order to nake the sofdiers think that we not fasting. So l'e each lightett a cigarette and when we arrived at the barrier. he saicl, ,you are not allo.t{ed to enter Jerusalem.' We told hin that we were not fasting. we had our cigarettes, he allowed us so to enter Jerusalem when h6 heard that we were not iasting. So we were able to perform Friday prayers in Jerusaten." (A/AC.14SIRT.5Ll/Adal.1) A/ 44/ 599 Lncll a sn Paie ss w4i!!cn ilsf.oiroal.i-a.s 214. On 10 April, IDF troops reportedly raitled three nosques in Hebron and arrestetl scores of worshippers, filling six buses with PeoPle. Aly Abeida Mosque t'tas also raided in Kalkilya aDd its contents were damaged. (Attalia, 13 APril 1989; A1 Fajr, 17 Aprit 1989) 215. on l'4 APril, Police seized the nain entrance to the Temple Mount and barred entry to the area to resialenEs of the territories and certaiD East Jerusalen residents. Only 7,OOO Moslem worshippers were alLowed to enter the mosques for the Ramadau Friday prayers, conpared sith 30,000 in previous years. (Ila'aretz, 15 April 1989 ) 216. on 1May, a serious clash $as rePorted between settlers and vilfagers in Kifl Harith vilLage, after a group of settlers entered the village to Pray at a site believed to be the Joshua's Tonb. The settlers were altegedly accompanied by four IDF jeeps. When the settlers ltere stoned by villaqers they went to a Moslem nosque and set fire to Koran books. (Ila'aretz. Jelusalem Post, 2 May L989) 2I7. Oa 2 May, the Israefi authoxities prevented Palestinians from the West Bank and the Gaza St.riP fron reaching Jerusalem. The measure was taken to preveat Moslem worshippers from celebrating Leilat. Al Kadr, the night tshe Koran was revealed, in A1 Aq6a Mosgue, (A1 Fa'ir. I May 1989) 218. On 4 May, serious confrontations were reporteal in Hebron throughout the night betireen settlers and residents after settler convoys drove through the town and shattered windolrs and car lrindows. The settlers fired in the air and set fire to a rnosque under constructioD, located just outside Kiryat Arba. The town !|a6 declared a closed military uone. (Ha'aretz, Jerusalem Post, 5 May 1989) 219. On t5 May, clashes escalated after IDF trooPs threw gas canisters into a mosque while worshippers were prayi.ng. Many people were overcone by funes. Sordiers shot at and injured other residents who rushed to helP the worshiPPers. (A1 Fajr, 22 May 1989) 220. on 17 Juty. Kiryat Arba settlers reportedly burst into one of the halls of the Patriarchs' Cave in Hebron. whieh had been reserved for exclusive Moslem use during the Id a]-Adha holiday. The settlels allegedly threw Moslen Prayer rugs aside and clanced until soldiers forced thern out. One settler was detained and xtas fater released on bai1. (Jerusalem Post, 18, 19 July 1989) (c) Freedom of expression Oral evidence 221. In the course of his testinony, Mr. Usama Sayeh, educational adviser of the Department of Etlucation of the Palestine Liberation Organization, referred to restrictions itnDosed upon the press: A,/ 44 / 599 English Page 89 "... A group of paLestinian writers tried to express their point through of view the press; most of the newspapers in the occupied territories are published in .rerusalen. They try i'' this way to achieve regit.inacy .terusalem because is under Israeli faw, But nonetheless they have imprisoned a Large number of journal-ists ctairning that their articles incite insurrection. newsPaPers sone have apPeared with btank spaces where articles have been deLeted through censorship. That is against Israeli Law. That censorship inposed is only on Arab newspapers. some rsraeri writers and educationisis have thenselves condemned in the fsraeLi press the actions of the authorities against intellectual and cultural opfression of the palestinian people.,, (A/AC.14s/RT.513) Written information (Information on this subjecE covering the period fron 26 August 19BB to 31 March 1989 is to be found in the periodic report (A/44/3t2. paras. 164_l-78) ). 222. on 2 April., it was reported that a Gaza journarist, Taher repeatedly shreita, had been harassed during the past lreek by security forces for ',working too nuch r4rith the foreign press,'. (Jerusalen post, 2 April l9B9) 223' on 2 'April, sani al-Kilani, mernber of the association of palestiDian authors and Poets, rdas detaited after being stopped at a roadbloclr near Deir Sharaf the previous day and beaten by troops. (ttalaretz, 3 April 1989) 224. On 6 April, security forces raided the office of the Al_Fajr ner,spaper in Gaza. Troops confiscated documents and sutnnoned the director to rnilitarrz government headquarters. (Jerusalern post, 7 ApriI l9g9) 225. on 12 April, it was reported that the distribution of two East Jerusarem nevtspapers, A-Nahar and Al-Fajr, had been banned in th€ territories on the grounds that they violated censorship. (JerusaLen po6t, 12 April 1989) Ot\ 226. 10 May, securiby agents acconpaDied by troops broke into a press and translations office in Nablus, confiscated many books and, according co :.ocal residents, set fire to several books. (Ita,areiz, L1 May 1989) 22'l , Oo 25 May, Hana Seniora, editor of the East Jeru.alen nelrspaper Al_Fajr, was convicted of failure to suhnit an article Co ttre censor, as required uader the emergency regulations. The article contained an interview with yasser Arafac. and lras published on 19 Decenber 1986. (Ha,aretz, 26 May 19g9) 228. On 28 May. potice botd Sari Nusseibeh to halr publication of his weekly nevrsletter, "Monday Report", on the grouads that it was not registered with the Interior Ministry and that. he had fail.ed to subnit it to the cen6or. (Ha'aretz, Jerusalem Post, 30 May 1989) a/44/599 English Page 90 229. Ot L2 June, Hana Seniora, editor of Al-Fair was fined NIS 2,000 (S1,200) by the Jerusalem magistrates' court and was obliged to si.gn an underLaking that he woul.d no! violate censorship regulations. In May 1989, Seniora was found guilty of having pubLished, three years earlier, in the EngI i sh-language edition of At-Fair a translated interview given by Yasser Arafat to a Kuweiti newsPaPer ' (I{a'aretz, 13 .Iune 1989 ) 230. On 15 June, police raided the East Jerusalern office of Sari Nusseibeh, confiscating boxes of files and issuing a nilitary order to close his "Holy Land Press Service" for two years. Police spokesman Uzi sandori said there was cumulative evidence to suggest that the office had been used as a Planning centre for the uprising and for promotion of PLO ains. Nusseibeh later dismissed the atlegations as "Iudicrous" and baseless. Three weeks earlier Nusseibeh's pub.lication on developments in the West Bank, "Monday RePort", was banned because it did not have the required pertnit, (Ha'areta, .Terusalem Post, 16 .tune L989) 231. On 30 July, security forces arrived in the East Jelusalen office of Faisal Husseini's Arab Studies Society, which had been ordered closed since July 1988, and handed Husseini a new closure order signed by ceneraf Region Conunander Amran Mitzra. (Jerusalen Post, 31 JuJ.y 1989) 232- Oa 22 August, it was reported that Khaten Abdel (ader fd. nanaginq director of Af-Fajr nenspaper. had been served with a six-month adninistrative detention order. (Ha'aretz, \terusalem Post, 22 August 1989) 233. On 23 August, it was reported that the security forces had artested Adnan zbeid.i of Bethlehern. a member of the League of Pafestinian Artists. (Jerusalem Post, 23 August 1989) ( d ) Flc€-d9tn--eI_3ssssieljs! OraI evidence 234. An anon!4nous witness, vrhen asked about trade union activities in the occupied ter:ritories, gave the foltowing reply in the course of his Lestinony: "we were not allowed lo have any ttade union activities. When the Israeli trade union saw Palestinian ltorkers. they attached bhem and told then they had no righ! to wolk $ithout a perrnit' The Jewish employers did not want to issue work permits for us; the Palestinians were underpaid. and so the employer did not want to get a permit. " (A,/AC.145lRT.515) 235. Another anonlzmous witness, while testifying on the situation of education in the occupied territories, stated: ".-. As far as school teachers are concerned, I mean pre-university teachers' all unionization is banned by the nililary authorities' No unions are al]owed whatsoever for school teachers. For university professors there are unions which ale not. official, they oDerat-e within the universities." ( A,/AC . 14 5/ RT. 508 /Add. 1) A/ 44/ 599 English Page 9l (e) Freedon of education Or a r_=rzi_de nqe 236. Severaf witnesses appearing before the Special Coln|nittee described the difficult problerns faced by civirians in the lccupi.ed territories in the fierd of education. The prolonged closure of educationat irstitutions uprising as a result. of the iras conunented upon and critized by several iritnesses. Mr. usana sayeh, educational adviser of the Departrnent of Educatron of rhe par-estine Liberation Organization, stated in that connection: ';... The universities have been closed now for rnore thaa one and a haff years. The sane applies to the connunity coll.eges which provide two years of study fol.Lowirxg conpletj.on of bigh schoo.L. This means that almost 17,OOO Palestinian students are prevented frorn continuing their education. All schools, from kindergarten to secondary schoots, are also cl-osed, The occupation authorities try to crain that the crosure is not conprehensive, in order and to support that clain they sometines permit the reopening of sone schools in sorne districts, such as the Jerusalern .raa, a"p""i"lLy since those authorities consider that the schools in that area are subject to rsraeli law. The same authorities are also trying to persuade international. opinion that the Gaza schoors are still open, but with the worr.d nedia, television and press. they have not been able to clain that they have opened any .chools in fhe West Bank. Even the schools in Jerusal.em and Gaza are subject to the imposition of curfe!.s from time to titne, for days and sometines weeks. whei the schools are shut down together with other activities. The authorities also issue individual closure orders to some schools.,, (A/Ac.14s/RT.sl3) 237. An anonl'mous wieness said the follorring: In the place where f tive. in the Echools beLow university level there lrere al6o sorne repressive measures. SchooLs were ,Azzun, c.Losed, evetr the kindergardens, Schoofs in ia Oatqilya, in Nab.lus, in Balata canp have becone detention centres. Military forces are using the schools for acconmodation. Some of the preparatory schools belonging to TNRWA have afso been closed. My brother who is a teacher went one day to the schoof and the children in the area went there because there had been an a'nouncement. trrat the schools were going to be reopened. But lrhen they arrived they fou[d soldiers inside the school and this continued for a nurnber of days. The chifdren weat everl. day but they were seDt back home by the occupation authorities.,' (A/AC.145/RA.50B/Add.1) 238' Mr. Husni A1 Ashab. Di rector -General of the Board of private schoors in .terusalem, sLated in the course of his testinony: "There is no mercy in their actions, A school is closed: Let us say that they arLege the children have throrn stones or something rike rhat. But why do they cLose the other schooL? Such actions forced us to bring the case before the High court of ,rustice, when each school was crosed for a nontn: Dar eL Eitarn al Is]aniya, which j.s a secondary school, and Che preparatory A,/ 44/ 599 Engl i. sh Page 92 school as well. llhen the court was convinced that there nas no reason for closing the school, we won the case. But by the time the court had reached its decision the nonth had Passed' so they oPened the school' As to the other school. we announced in the PaPers that the school vras oPen again antl the pupils sLarted coming back. But as a resuLt of that operation, which they didn,t like because of the High court's decision, they came and ttlreatened ne in my office in the school. Dar ef Eitan. They brought another closure order for the school fron the Military Commander of the central region, so both the preparalory and secondary schools were cLosed for another nonth' when that rnonth had Passed they started saYing that stones bad been thrown from the school. But that was really ridiculous. How could the chil'Iren throw stones? They in their classes and not outside in the courtyard' They said that the '.erestones had been throvtn fron the uindows. We took them to see the lrindows because they had iron bars across them: nothing couLd have gone out of the window - or cone in' The leader of the force who }'a1ked in and checked the windows appeared embarrassed by this. when he saw the windows he realized no stone could have been thrown fron there, as they ha'l afleged' But following this they closed both the schools until the end of the school year, on 2 July 1989. They are both closed at the Present monent, for no reason' simply because we had taken our case to the High Court of Justice and we won our case. " (A/AC.145/RT.5t1) 239. An anonymous witness said in the same connection: "The schools, even the primary schoofs, are closed. They might find some justification for closing secondary schools' but can there be any security reason for closing prinary schools where Ehe cbildren are three or four years oltl? These are the difficulties that the education systen is facing now' It is a serious situation. I think that somehow we may be able to conpensate fo! the tine lost by university students o! secondary school Pupifs' but what about prinary teaching? Chitdren of that age need teaching day by day' Older chitdren can study on their own, but primary schoolchildren need the teachers. I think it is a studied policy to keep the PaLestinian poPulation itliterate, and this is refated to the hofe Problern of the human rights of the Palesrinian people.' (A/AC.145/RT.508/Add.1) 240. A[other anon]4nous witness referred to the notives behind and effects of the denial of regular edrrcation Lo Palestinian youths: "I have 14 brolhers wl.o. before 1967, were in education in secondary schoofs and some of them have received university education; but those brothets t'ho were in school in -l-967, eight of then, four of then lefL school without compLeting their secondary education. That is because the occuPation authorities need large numbers of wolkexs for their inalustries' They are destroying education in order to get these young men! it is a source of cheaP labour for them on the farrns and in the factories of Israel. This practrce wifl continue, and it lrill continue to affect the coning generation"' ( A./AC.14 5./RT. 508/Add.1) A,/ 44/ 599 English Page 93 241' various restrictions affecting academic and curtura] r.ife were rnentioned. An anonymous witness referred to such linitations: Even befole the systematic and autornatic closure of the universities, colleges and schools at. the beginning of the intifaalah, the rnilitary authorities placed so many obstacles in the way of school and university life. where the universities .!,re re concernett, they would be closed for one monLh, or two or three. o! more nonths in one academic year. RoadbLocks would be erected to prevent studeuts and professors from reaching the universiEy. There trere also arrests of students and university professors, sometines the banning of certain textbooks, sometimes even changing the texts, and such procedures. " (A/AC. 145/RT. 50B/Add.1) 242. M'. Husni Af Ashab pointed out various other problens faced by educational ins t i tutions ! "They have their eye on those schools in particular, and on the teachers as welf. because the teachers do not co-operabe with then, and they teach the Jordanian curriculum. They have formed a housing organization annong themselves, ever since 1969. But in the area where the teachers had bought fand in order to build, the authorities constructed a road 40 netres wide. and this is something that is not done an:-where efse. vle presented an appeal t.o the High court of Justice and objected to the width of the road, but the court said it had nothing to do with engineering decisions. So we took anoeher piece of Land in order to build houses, and for ten years now we have been asking for a building licence but it has never been granted, We have received aid in order to build schools, but we are prevent.ed fron getting a licence to build. We have a grant to build a school fron the Development Bank in Jeddah, but we have no licence. We have to.Id them eaactly where the funds are coming from to build the school, but they prevenb us fron builaling it.,' They have refused to arrow us to have someone to crean the schoor.s or to have someone to supervise the tibrary. It j.s necessary for the schools to be cleaned and to have somebody in the library. But they don't provide for this in the schoo.ls in the West Bank." (A/AC.145/RT.511) 243- various forms of harassnent confronted by teachers and students $ere evoked in a nurber of testinonies. such probrerns included detention, the raiding of schools and houses. humiliation and intimidation, the revocation of teachers, permits, deportation or expulsion of university teachers or students, the financial constraints faced by teachers, ancl the pressure exerted on students to have then colfaboiate with the occupying authorities. 244' ahe efforts by the Palestinian acadernic community to provide chifdren sorne kind of "popufar" teaching in order to conpensate for Ehe lack of public education and obst.acles placed by the Israeli authorities were evoked by some witnesses. Mr. Usama Sayeh stated in that regard: A/ 44/ 599 Engl ish Page 94 ,,Since the Palestinians have seen that their children are being deprived of Lheir education, and knolting tha! no PoPul'ation can Progress without education, they are trying to organiEe "popular" teaching. They gather srnall grouPs of chifdren toqether in churches, mosques, Private houses. clubs and other public buildings, quite openly, arhere PeoPle could see them and hear them. Those gatherings were Dot in secrecy, but still the occuPying autholities have broken inlo those buildings Co arrest both students and teachers. Yet bhose teachers wete only carryinq out a hunanitarian lask, in teaching the children. Israet clains that such gatheriDgs are in oider to create chaos, but how can a mere five students at a Lirne, studyinq ith a teacher, create disorder and constilute a threat !o security? This refutes their previous argument. Islael's policy is to nake the Palestinian natioll i.l l iterate. " (A/AC.14s/RT.513) 245. Accounts of the restrictions on freedom of educalion may be fouud in docrrrnents A/Ac'145/RT.508 (M!. saleh Abdaflah); A/Ac.145/RT.508/Atld.1 (three anonymous nitnesses); A/AC.14s/RT'510 (Mr. Hekmat Jaber, Mr. Onar Basha)i A/aC'145/RT'5Il (Mr. Husni A1 Ashab); A/A.C,145/RT.512 (an anonynous witness), A/AC.t45lRT.512lAdd'r (Mr. Zuhdi saed), A/Ac.145/RT.513 (Mr. Usama Sayeh), A/AC.145/RT.515 (an anonymous witness), A/AC.145/RT,516 (an anonymous witness); and A/AC.145/RT.517 (an anonynous witness ) , Written infornation (Information on tbis subject covering the period frorn 26 August 1988 to 31 March 1989 is to be found in the periodic rePort (A/44/352, paras. 179-1q6))' 246. The Special Conmit.tee received, duriDg the reporting period' various conmunications fron the Goverrunent of Jordan nentioning, inter alia. the closure of all schools in the West Bank as wefl as several schoo]s in the Gaza StriP and East Jerusalem, and the converting of a number of schools into nilitary barracks' 247. O\ 18 April, police sources said they had uncovered a network of iLLegal cfasses held by two west Bank universities. Bir-zeit and Bethlehem' at Private high schools in East Jelusalen. The classes were held at the Frare, Al Mutran and Nizania schools four days a week for severat bours and were attended by some 300 students, School principals were warned to stoP the c]asses. (Ha'aretz, Jerusalen Post. 18 April 1989) 248. On 24 Apri]-. the Israeli authorities wele reporteal to frave closed tlto schools ancl two mosques in t.he Gaza Strip affegiag they were being used as grounds for anti-rsrael activiEies. The two schools are Af Fourat junior and frigh schools' The closure orders are open-ended. (A1-Fair, 24 APril 1989) 249. On 19 May, the civil administration inforned principals of schools in the west Bank ttrat the order closj.ng all the schools in the region was being extended for one month. (Ha'aretz, 21 May 1989) A/ 44 / 599 English Page 95 250' on 12 Juty, Defence Minister Rabin and chief of staff Dan beginning preparations shomron ordered the of to reopen schools in the Vlest Bank, which have been closed since the beginning of the uprising. The order universities did not apply to the four and severar corleges in the area. Minister nauin olie-rea a graduar reopening of the schools, starting with grades oue to eight. 183,000 on 22 July, sone elenentary school pupils and 10,t00 pre -natricufation class students returned to school. No incidents were reported. (Ha,aretz, JerusaLem post. 13, 23 July 1989) 251' on 2 August, some 69,000 junior high school pupils schools returned to cr.asses at 324 in the West Bank. This was the second stage of a gradual. reopening of schoo]s after a six-monch rniliLary closure, No incidents reportld. a related development. "rere In centrar. Region contnander Avram Mitzna reporteaty tora tne Knesset Education committee that there were no par.estinian teachers, nor west Bank youths under 14 years of age in gaol at present. He added that the arny had recently released all but 50 of the 147 high_school _aged chifdlren detained' rn another develoPment. it was ieported that the civil adrninistralion"or.uirt:.y on 14 August 1989 ordered the uNRwA erenentary and junior closed high schoor.s in Jalazun camp for three days, after stone-throwinf incidents in and around these schools. ( Jgeg€€l€In-lqs!, 2, 3 and 15 August t9B9) civilian DoDulation OraL evidence 252' The special corunittee heard severar staternents describing escalation the noticeab.le in the number and scope of attacks by settLers on palestinian civilians and the increased aggressiveness in settlers, blhaviour towards the civil popufation in the ter r itor ies : "The settlers walked to the south of the village, to a house where they broke the gfass of the balconl.. They went to another hou6e where they destroyed the car of the owner of the house. "When the wonen and the children in the vill,age saw that the settlers were beginning to destroy the houses and the cars, lhey decided wouLd that they either resist or die. even if they killed 20 of then. The enCire village cane out en masse and started advancing on the settlers. The were settlers defeated. They entered the house of a reiigious nan, an oLd a-bode, lrhere they took refuge, and then they left fron the eastern side w:nE of the village alxd i.o another village. There they shot several peopfe, a man lras sUoi in the throat and in the knee. He was taken to hospitat; sorne investigators to the hospital. cane "?he Jewish settlers vrere firing bullets when two arny vehicles came, and they started firing on the viftage as weLl. They hit (Anonynous u In.r, in the legs.,, vritness, A,/AC. 145/RT. 512 ) a/ 44 / 599 English Page 96 "About four months ago or naybe a little nore, they came to the camp' and the army fotlowed then. trying to get then back where they belong. They cane to Maghazi camp, and the arny tried to stop then. Actually the army could stop then if it really wanted to, but they just let thern Pass. The settlers kidnapped a young man from our camP. They took him to the fields. His fanily was fooking for him. When they found him finally they found that he had been thrown under the trees. He had been beaten and his bones were bloken." ( Anonymous witness, A/AC.145/RT,515 ) Ttre settlers are in daily confroataEion in Hebron, in 'Azzariya. They beat people, they break their boDes, they kill PeoPle. Recently they killed a 13-year-old girlt she died after being shot by settlers, but they received no punislunent of any kind." (Anonymous l.titness, A/AC.14s/RT.516) 253. Accoungs of, settlers' activiEies affecting the civilian PoPufation may be found in documents A/AC.f4slRT.510 (Mr. Onar Basha)i A/AC.14s/RT.5I1 (Mr. Husni Al Asbah)t A/AC.145/RT.512 (an anonyrnous witness)i A/AC.145/RT.513 (Mr. Usama Sayeh); A/AC,145/RT.515 (an anonymous witness); and A,/AC.145/RT.516 {an anonymous rritness ) . Wr illcn_jlnfoernelicn (Infornation on this subject covering the period fron 26 August 1988 to 31 March 1989 i.s to be found in the periodic report (A/441352, Palas. 197-228))' 254. on 2 April, it was reported that settlers in Hebron had been PatrolLing the area in cars carrying "press" signs and, according to PaLestinian sources, have been invoLved in several shooting and beating j.ncidenbs. SettLers were also reportedly invo]ved in several shooting incidents in HebroD. The Judea PoLice vras investigating that incident. Settlers' patroLs were rePortedly seen by focal residents as provocations which sparked off violent clashes with trooPs. (Ha'aretz, Jerusalern Post, 2 April 1989, Attalia, 13 April 1989) 255. on 13 April. it r.ras reported that students of the Anal school in Ariel had joined their parents in a "raid of retaLiation and intimialation" in the Arab village of Bidia, foLl-ovring an incident in which a settler frorn Alfei Menashe llas burnt to death in his car. (Ha'aretz, 13 April 1989) 256. On 17 April, an "authoritative settler source" announced that Ilebron settlers had formed a vj.gilante intervention force and bired four attack dogs that they intended to unleash against Palestinian attackers, The force reportedly comprised seven men who r,roulal act in "areas where lhere are serious events" if the arny did not get there first. Settler leader Aharon Domb, who was behind that move. tofd a reporter that the seven men would be armed, but insisted that the unit ltas not supposed to be a new underground or an army. (Ila'aret.z, Jerusalem Post, rB April 1989 ) A/44/599 English Page 97 25'l . Oa 21 Apri], it was reported that the chairnan of the Council. of Settlers in "Judea", "Sarnaria,' and Gaza, Uri Arie1. told a reportex that several settlenents in the territories had rapid intervention units that lrele recognized by the IDF. He added that the army encouraged settfers to have such teams, trhose futrction r,ras ,,to take up arrns and repel an attack until troops arrived". (Jerusalem post, 21 April 1989; Attatia, 27 April 1989) 258. On 23 Apri1, .lewish settlers carried out provocative marches in West Bank areas and attacked Arab houses. SetLlers fed by Knesset member Rafael Eitan, from the right-wing Tsomet party, narched fully arned through a vill.age in the Nablus area to "prove" Israefi control over these palestinian territories. A group of eatrene right-wing rsrae.lis set up a new settlement near Ranarlah, rn a leLated development, pofice aLlowed right-'ring rsraelis fron Tehiya and other groups to enter Al Aqsa Mosque compound and tour the site. (Al_faii, 1 May l.9S9i 25q' on 24 April' Knesset rnenbers Yossi sarid and Dedi zucker said that settlels in Ariel had formed a nilitia-like organizat.ion called "Kulanu', (',all of us,, in Hebrew). which rnaintained ties with the rDF through a rocal security company. rL was also reported that police had questioned 40 settlers from Nili suspected of having raided Harbata on 22 April 19gg. No one was arrested. (Jerusalen post, 25 April 1989 ) 260. On 2 May, Jewish settlers were reported to have uprooted 2g6 olive trees in tlle village of Nahalin, (Al-Fajr, B May f989) 26I. On 4 May, it was reported that 4OO settlers from Hebron and Kiryat. Arba had decided, at a neeting held on 2 May, to carry ou! patrols in the area aDd to opeD fire al stone throlrers "in order to injure, not ki]f then',, after going through "procedure the for arresting a suspect". The settlers had previously set up an "information centre" to nonitor Arab attacks, forrning a quick iniervention force and contracting for attack-dogs to guard their compounds. (Ha,aretz, JerusaLem Post, 4 May 1989, AI_Fajr, I May t9g9) 262' oa 4 May, hundreds of settlers carried out night raids on Arab villages in the West Bank, snashing windows and shutters, stoning cars, guttiug a van and slj.ghtly injuring t\ro girls. The raids fol.lowed an attack o|x a settler at Etz_Efrain. Settlers in the caza Strip cl.ashed with Arabs and opened fire after being stoned. (ga'aretz. Jerusalem post, 5 May 1989; Attalia, 11 May 1989) 263. on 14 May, Jewish settrers broke the qindows of the nosque in Abr,rein and raided the village of Deir Kadis, whele they smashed car windshieLds and house windows. (AI-Fajr, 22 May 19B9) )-64' OA 22 May, hundreds of settlers fron Maaleh Adunim carried out a ,,reealiation oPeration" in nearby Eizariya after a settler family's car was stoned and its four occupants were injured. The settlers set fir€ to a t.ruck and overt.urned taro others' smashed windows of cars and hones and fired in the air. The operation went on for an hour and a hatf. The settlers were finally evacuated by tro-ps, after causing extensive naterial damage^ (Ha,aretz, Jerusalem post, 23 May 1989, A]-Faj r, 29 May 1989) A/44/599 English Page 98 265. On 22 May, Jewish settlers were rePorted to have raided the vitlages of Kubar' Sinjil. Turrnus Aya, A1 Mughayer and Husan in the Bethlehetn area, uProoting trees and setting fields ablaze. (Al-Fa'ir' 29 May 1989) 266. OA 24 May, settlers in the southern I{t. IlebroD area began carrying out armed patrols without any co-ordination with the IDF' Settlers from Shaarei-Tikva' Elkana and orarnit, caused eltensive material danaqe to villagers from Azun-Athman and zawiya, following an alleged pelrol bomb attack on a settler's car. (Ha'aretz, 25 May 1989 ) 26'1 . O^ the night between 25 and 26 May. Kiryat Arba settlers carried out a retaliatiou operation in a nearby neighbourhood, foLloaring a petrol bomb attack on a settler's car, They caused extensive material' danage and fired hun'lreds of shots at hornes. According to Arab residents' the shooting uent on for hours, without arny intervention, Settlers' raids were also rePorted in the villages.of Deir sudan, Arura and Abwein. in ttre Ranallah area. Five viLlagers were injured in clashes with troop€ sparked off by the settLors' raids. (Ha'areEz' Jerusalen Post, 28 May 1989 ) 268. On 29 May, some 30 settlers raided the viltage of KifL Harith, and rePortedly carried out a "methodical, and ProloDged ramPage, involving arson and vandal'ism " ' which climaxed wiEh the shooting of a l3-year-olal girl inside her home in a burst of automatic fire" (see table, Para. 77)' Ttre attack l|ent on for an hour ald a ha1f, before soldiers arrived oD the scene. The settlers said they haal gone to the village to visit the Jewish shrine of .toshua's Tomb, in che vilfage centre' and that they were surroulxded and stoDed by villagers, anal had to oPen fire to defend thernselves, on 30 May, a sPecial investigating tean set uP by the sanaria Police concinued to detain setElers on suspicion of ParticiPation in the laid and the killing of a girt. (Ha'aretz. Jerusalen Post, 31 May 1989t Atta1ia, 1 June 1989' AI -Faj r, 5 June I989) 269. Oa I June, several dozen settters, believed to be residents of Kiryat Arba and Hebron, carlied out a raid in Italtrul iu reprisal for stone throwing in which a Kiryat Arba woman wa6 injurett the Previous day. settLers damaged dozens of cars and shot at homes, stightly injuring two children. The corunittee for seculity on the Roads, based in Kiryat Arba, later clained responsibility for the attack. ( Eal-alcla, Jerusalem Post, 2 .lune 1989) 270. On 4 June, settlers from the committee for security ou the Roads darnaged Arab property in Halbu1 after their car rtas stoned' It was also rePorted that over i50 ,ritt"" belonging to viLlagers from al-Khadr, near Bethlehem, were destroyed by spraying an unidentified chemicat subslance. (Ha'aretz, Jerusalem Post, 5 June 1989 ) 271. On 15 June, it h'as rePorted that Kiryat arba settlers had 6et up mobile patrols in Hebron and its area. Palrols took place afmost every day in convoys of four to five cars, four Passengers in each. (Jerusalem Post. 15 June 1989) 272. Ot 15 ,June, Rabbi Mo6he Levinger qlashed in Hebron itith Arab stone throwers. Levinger opened fire and troops closed the area. (Jerusalem Post, 16 .Iune 1989) A/ 44/ 599 English Page 99 273. On 30 June, sorne 2,000 settlers and supporters, closely guarded trooPs' by elite IDF hiked thloughout the territories to "enphasize their claim to and their ihe land light to rnove there freery". Forty-one hikes were staged, rnostly in the west Bank. No cfashes lrere reported. (,JerusaLem post, 2 July 19g9) 274. on' 27 Jury, it lras reported that residents of the Hebron and HaLhur areas had conplained that uniformed men had sprayed their grapevines with a toxic substance the previous week, causing them to dry up. Laboratory examinations reportedly confirmed the vines had been poisoned. some 2oo duaans of vines were irrectea. According to Kiryat Arba settlers, other settlers, linkeal with Rabbi Kahane's Kach movement, were responsible for the poisoning. A Kach spokesrnan denied any link. The Hebron police said onLy one case had so far been investigated, as local residents were afraid to file conp.laints with the police. On 30 .Iu1y. a group calling itself the "Headquarters of the Jewish Intifidla', Ieft leafleis i.n Hathuf clairning resPonsibility for the poisoning and saying that it was in retaliation for the stoning of Jews in the area, (Ha'aretz, Jelusalem post, 27 JtIy :.'ggg Jerusalen post, 31 July 1989) 275. On 17 August. Gush Enunim announced its intention to set guarding up a volunteers, organization composed of settlers and Jerusalem residents, folrowing an i'ncrease in cases of arson of cars in,Jerusarem, The nenbers, task wourd be to anbush Arabs danaging cars and other Jewish property, capture them and hand thern over to the police. The Cornmittee for Safety on the Roads, operaeing in Kiryat-Arba. aLso announced its j,ntention to spread its paCrols Jerusalen to include "to protect. nore efficiently Jevrish ii.ves in the capitaf,,. (Ha,aretz, tB August 1989) D. Tleatnent of detainees Oral evidence 276' rbe special cornrnittee heard severar witnesses who gave extensive accounts of conditions in detention. Most witnesses referred to their personal experience covering sometines 10ng and repeated periods of detention and relating conditions to harsh faced in several detention centres and prisons, in particuiar since the start of the uprising and the unprecedented increase in the number of det.ainees resulting from it, 277. Most testirnonies denounced the various forms of ill-treatment such as phys ical torture and violence. psychologicaf humiliation and intirnidation, isolation in sofitary confinenent, the overcrolrding of ce1ls, the lack of sanitary facit.ities, inadequate nutri bion, clothing and health services, and the deniaf of the rioht to receive visits and of access to f atrryers. 278' one particular aspect mentioned by sorne witnesses vras the probr.em minors. of detainecl 279. The very harsh conditions endured by prisoners in the Ansar 3 (Ketziot) cletention c arnp in the Negev desert inside rsrael itseff, rhere detainees were reported to have been shot. arere afso described in some testimonies. A/ 44.t 599 Encrl r sn eage 1OO 280. According to a number of witnesses such conditions of detention often gave rise to hunger strikes airning at anelioratinq the treatrnent of detainees, vhich had sometimes led to the death of hunqer strikers' 281. The followiug are a few relevant excerPts flom such testinoniesr "... The guards who receive lhe detainee at the door' who take his identity card, they use a system for those active in the uprising. Nightfy T used to hear the cries of these young PeoPle, sorne of then only l-5 or 16 years old' They used to cry out at the beatings, and their voices carried to the other cells. One of them was transferred to hosPitaL. "I iras noved to Hebron '.. anal during the triP the guatds hit me' At Hebron I was put in a celL on one of the higher floors. It as not a celf ii: a'as a roorn, a water closee, a bathroom, for the soLdiers who take bhe Prisoner before the interrogator. I !|as locked up in one of those. I was handcuffed' my eyes lrere covered alrd r sPent an entire nights in this smafl bathroom or lrater closet, I had no covefs. nothing to sleep on or anything like that' ... They noved me after that to anoEher cell. we vtere eight People in thal cell, and conditions were horrible. A11 of therl were young men who were inprisoned during the intifadah Period. The cell - I measured it with rny oatn hands - ten tines the width of ny hands in length and five times in width, with ny hands stretched out. Eight people were in that sPace, in addition to a toilet borrl as well as a bottle of water. In that cel1 I used to wish to be taken out for interrogation. because it was the beginning of April, it was spring. It could have been cold ouEside, but in that cell we were sweating' There wa6 no air in those cetls in Hebroni lhere was jusL a hole in the ceiling which in winter is closed by a piece of Plastic so thab Lhe rain doesn't come in. There is no water. In the norning we had to 90 down, if the sofdier was co-operative or slanpathetic to us, he would take us collectively to the bathroom, to the toifet, and each one had five minutes to use the coilet and to lrash, if water was available. which l.Ias brought in a large bucket. Ttrat bucket was used in order to fill the buckets in the different cells. The sane bucket was used to drink water from. and to wash after using the toilet. It i6 disgustittg. There was no 6oaP3 lte didn't shave. Food - wetl, there was no question of guantity, there was quantity. but the quality was awful. The food was teft outside until it got cold, and it ltas dusty.'' (Mr. Ahmad Mohammad Jabar Suleirnan, A/AC. 14 s/RT. 507 ) "Barbaric tleatment, it was very, very bad. rt was ugfy. it ltas balbaric. They used to give me a snall Piece of bread, and they used to bring dogs to attack me. They electrocuted me several tines, they put rne in solitary confirxenent, they took off ny clothes, they Put me in a ce1l which was fuft of water. I used to sleep on the floor, everything. alything you can irnagine, as wefl as beatings, sonetines four times a day. Of course, r was badly fed. They used to give me hatf a boiled egg and a dry piece of bread and one glass of water. I was put in sofitary confinement' I was deprived of ..|isits flom ny fanily for the period of two years until I ltas deported." (Mr. JamaI Namr. A/AC,145/RT.510) A/ 44 / 599 English Page 101 ".,. In the first p.lace, the conditions of the prisoa are very bad. Its Location in the Negev desert is very bad. It is a very hot clirnate prj.soners and the live in tents. We sleep on lrooden boards which are painful to the back. There are atso scorpions and strakes. The a&ninistration of the prison is very bad. They used to come and spray the area with gas, and they used to fire bulLets - not rubber bullets. What they used in the Negev were rea.I bulLets' .live ammunition. They wourd open fire on us. you must have heard that recently many persons have died in the Negev because of that: they becane martyrs. Those are the conditions prev;iling in the Negev prison. I should also like to draw your attention to the health conditio; of the prisoners, L'hich is very bad indeed. I r,ras in Negev just prison very recently, before I came here. I can teLl you thaC there were many hunger by strikes the inmates because the food is very bad and so is the trlatment. sone young nen are serving the third renevraL of their administrative detention an,il have not been atlol'ed to see their farnities.,, (Mr. Hassan Rahirn Mohammad Dahdou, A,/AC. 145./RT. SlZlAdaf . 1) 282. Accounts of the treatment of detainees may be found in docu.rnents A,/AC.145./RT.507 (Mr. Ahnad Mohannad Jabar Suleirnan, Mr. Uas,ud Osman Zu,aytar); A,/AC. 14 s,/RT. 510 (Mr. Jamal Namr. Mr. Muphid Nearat, Mr. ornar Basha), A,/Ac.145,/RT.512/Add.r (Mr. Hassan Rahim (Mr. Moharnnad Dahdou), A/Ac.14s/RT.513 Abdel Harnid El Baba. Mr. Janal Abdallah Shakir Jbara); and A,/AC.145/RT.5t7 (an anonl.nous witness). Written information (Information on this subject covering the period from 26 August lggg to 31 March 1989 is to be found in the periodic report (A/44/A,2, paras. 229_260)). 283, On 5 April. it lras reported that a Nev york-based organization, the Lawyers comnittee for Human Rights, said in a letter to Defence Minister Rabin that the Ketziot detention canp was illegal, unfit to hold prisoners for extended periods, and the scene of arbitrary indiviclual and collective punishnent. Confinement in isolation cells was the most conrnon individual punishrnent. Coflective punishments lrere allegedfy imposed arbitrarily for minor infractions. rn confrontalions betlreen detainees and prison authorities, tear gas, rubber bullets and live ammunition were used. There were also complainis of rnettical services being unnecessarily withheld fron sick prisoners, and of insufficient tirne alloted for lawyers' visits. (Jerusatem post. 5 April 1989; Al-Fair, lO Aprit l9g9) 284. On 10 April, three Supreme Court judges. Justices Meir Shamgar, Gabriel Bach and Eliezer Goldberg' visited the Dhahiriya detention camp in connection with a PetiLion to the High court of Justice con-erning conditions in the facitity. rt had been al.leged in the petition thac overcrowding was very serious. the quality of food was bad alrd its quantity was insufficient and that detainees were not given sufficient time for outdoor warking. rn anorher development, it was reported that warders had used tear gas to quell rioting by securily prison detainees hetd in Ayaton in Rarnla. After the rioting was quetteo the r"eader of the detainees was puE in a separate celL. (ga'aretz, Jerusalem post, 1L April 19g9) A/ 44 / 599 English Page 102 285. on 12 apriI, journalists visited Te1 Mond gaol where Arab vtomen detainees are hel"d. The tour vtas orqanized by lhe Prisons Service in order to refute all'egations of torture, hunger and inadequate medical Creatment' During the tour the detainees complained about the lack of hygiene and Proper food' (Jerusaletn Post' 13 April L989 ) 286. On 14 Aplil, it was rePolted thae the cornmander of the Jerusalen Police' Josef Yehudai, had been given a document alleging Physical and sexual abuse of women politicaf detainees in the Russian ComPouDd detenCion facility in Jerusalem' The docu.ment included affidavibs given to lawyers. A police sPokesman said the pofice would thorougbly invesEigate the allegaLions. but he added that the tacility met a]l the requirenents and denied that Prisoners were beaEen or ifl-treated there. (Ha'aretz. 14 APril 1989, A1-Fa'ir, 17 APril 1989) head of the 28'l ' Ot 17 APri1, it was rePorted that Professor Derrick Pounder' forensic medicine atepartnenl at the University of Duudee' Scotland' United Kinqdon' hacl subnitted a report to Advocate Felicia Lanqer, lawyer of the fatnily of Ibrahim Matur, from si'ir. Matur l,ras found dead in his celt at Dhahiriya prison on 21 october 1988 and lhe authorities cl'aimed he had committed suicide' The suPreme Court accePted a petition by the falnily to all'ow exhumation of the body and a second autopsy. Professor iounder concluded that "it would be rash "' to exclude the possibility of homicids"' and addeal lhat there was no possibilily to establish whether the deceased had hanged hirnself or l.tas hanqed by others' He al'so said that the handcuffing of Matur, hii placernent in sofitary confinement' his subjection to drugs, tear gas and harsh physical conditions "might have induced him to take his own life as the only rneans of escape", but such a death should be regarded as an "aggravated suicide" precipitated by physical and mental abuse' (Jerusalem Post' 17 April 1989, Af-:IqLr, 24 April 1989) 288. on 22 Apri], Palestinian detainee Nasser Shana1i, agetl 23' was rePortedly beaten to death by plison guards at Ansar 2 detention centre, in Gaza' He died on his way co hospital. (AI-Fair. 1 May 1989) 289. on 26 April, trooPs in the Ketziot aletention camP firecl Eear-gas and rubber bullets and wounded five inmates in order to stoP detainees fron killing a fel1ow-prisoner. Sorne 1,000 delainees took Part in the rioting' (Ha'aretz' Jerusaleflt Post, 28 April 1989) 290. on 27 April, rePorts said Prison guards in Ansar 3 detention camP in Negev opened fire at prisoners and injured five of then. (A]-Fair, l May 1989) 291- On 11 May, it was rePorted that prisoners' fanilies had been prevented from wisiting their retatives in Dhahiriya prison for over a month' Ttre reasons for the measure !.ere unclear. The same neasure had been applied to visits to Megiddo prison for three nonths running and to Ansar 3 where fanily visits are only allowed through the Red Cross and after obtaining a permit fron the rsraeli civil administration. (Attalia. 11 May 1989) A./ 44/ 599 English Page 103 292. On 16 May l9g9 a security prisoner, Moharnmed Assa Kukha, aged 50, fron shneika' died iu Magidtto gaol, as a resurt of dehydration. IIe had gone on hunger strike' t$o days earlier. together with security prisoners over in the gaol in protes. their prison conditions. on 1g May, an rDF spokesman was alLegations by sotdiers reported a6 denying serving in ttegiiao 9ao1 that there was neirigence in the nedical treattnent given to the prisoner. Tie rnvestigating porice look into the Military was to negr.igence allegaiions. rt was reported that alr the innates in Megiddo gaol were on hunger strike. (Ha'aretz, and that nany were being hospitalized. 17, 18 May 1989, Attalia, fe Uay feaS,l 293' on 19 May, thousands of detainees herd in the Ketzio. detentiou camp \{enr on a hunger to protest their prison coaditions, According about 100'trike detainees to sources in the canp have been suffering fron dehydration. .in rnF spokesnan said that all the detainees were co fired ii optirnun conditions, t.reatment was aud that medicaf avaiJ.able. (Ha,aretz, Jerusalen post, 21 May Iggg) 294' On 29 May, it was reported that A1 rttihad aew'paper smuggfed pa.Lestinian had published a letter out. by detaine"" ilr ar"r* f. According to the leteer, 63 detainees had been injured when prison guards attac*ed including three then on 26 April, who each lost un *o,it ao soldiers took part in trre ( At-Fai r, 29 May 1999) "y". attack. 295. On 4 June, Onar al_(assen, agett 49, who hospital, had served Zl years in gaol, died in a day before his reguest for release on humanitarian grounds heard by a Prisons was to be Service Comnittee. He was suffering fron kidney failure and cancer' and was hospitar.ized on 7 April 1ggg. A report from the prisons Hospilal, lrhere he service was init.ially tr."tua, said contiDued detention wouLd have endangered his life. (Jerusalern post, 5 \rune 19g9) 296. On 13 June, a riot broke out anong hundreds of Arab Megiddo gaol' security prisoners at rDF troops. guards and riritu.y potice fired dozens canisters and of tear-gas then fired in the air. ttrree iirn^ates hatt to be treat'd gaol hospital' The rDF in the ordered an inquiry into the riot. on 30 June, fresh riots broke out i. Megiddo gaol. cuards and troops again uaed large quantities injuring eight of tea!-gas. inmates who needed medical treatrnent, (Ha,aretz, Jerusal_ern post, t4.June 1989; Ealaretz, 2 July l9B9) 297, on 6 Juty, Fatima Abu Bakra, aged 33, of Khan yunis, t ho lra6 sentenced the ueek to seven years in prison for terrorist activities. Highl:.:i:"" court of Justice. appealed to the conpJ.aining that her confession had been €xtracted under sexual duress. (JerusaLem post, 7 .luly 19g9) 298' on g it lras reported that Defence "ury, Minister Rabin said in a r€rter to the Speaker of the Knesset that under a rec€ntly issued guidance every security detainee had to be inforned at the time of his detention, or at the fatest \dhen he was brought to the detention facility of the reason for announcement his detention. The canne following a debate by the Knesset Law of security detainees Cornmittee in which lawyers conplained that ?arnities of detainees were not being inforned of the detention or the detainees' whereabouts, nor of the reason cletention' For'rowing for the the debate the Knesset conrnittee recontnended that maeters A/ 44 / 599 English Page 104 concerning the safeguarding of individuaf rights (of detainees) should be improved. (Ha'aretz, 9 July 1989) 299. On 16 July, data were released about IDF plans for increasing the detention capacity for detainees from the territories in the light of estinates that the uprising nay continue for an unforeseeabl'e length of tirne, and nay becorne even more acute. The IDF nas pl.anning the setting up of an additional large detention carnp in the West Bank. The detention facility at Ketziot, which could now acconmoalate 5,000 detainees, would be eDlargeal to accornmodaLe 2,000 more' At present there were 8,700 detainees and Prisoners in tbe various detention centres and Prisons' under the plan, by the end of the present year the IDF detention facilities vould be able to acconmodaEe 15'OO0 detainees, and in one year's Line uP t'o 20'000' The ptan reporteally also provided for increasing the resPonsibility of the nil'iLary police. which woufd be charqed with running and rnaintaiuing the various detention facilities. At present, the nilitary poLice was rePonsible onLy for one prison' the Megiddo prison, vrhere 1.400 detainees from the territories were being heLd. ( Ilal a-re!-z, 16 July 1989 ) 3OO. On 2L JwIy, it was reported that the conmander of the Ketziot prison' A./M (Colonel) David Tzemah tofd a group of journalists visiting the facility that seven detainees had been rnurdered by other irunates in recent months for alfeged col.laboration with the authorities, He said that the prison authorities were taking sevelal rneasures in order to prevent such killings. (Ha'aretz' 21 July 1989) 301. on 23 July. a correspondent Published a rePor! following a visit to the Ketziot detention centre. At the tine of the visit the facility housed 4,275 Palestinians, including 1,038 who were administrative detainees' The inmates were reportedly allowed to play table-Lennis, to read newspaPers and listen four times a day to news iD Arabic broadcast through loudspeakers. Individual religious practice was permitted and the authorities provided Korans and sPecial jars for the traditional ablutions before prayer. Laaryers were the only me'tium of cornmuncation with the outside atorld. According to the Southern Region Conunander T/A (Brig. Gen. ) Ya'acov o!, the Prison was established to remove sources of violence frorn the territories and the rDF ain was to avoid circumstances that promoted enotional outbreaks. This was done by Preventing the creation of a strong leaderstrip inside the camP, by frequently transferring inmates between Prison sect.ions. (.terusalem Post. 23 July 1989) 302. on 25 Ju1y, it was rePorted that the Israeti branch of the Defence for Chifdren International hatl prepared a rePort on detention conditions of minors frorn the territories in Megiddo gaol . rn May 1989' 65 minors' aged 14 to 17 were held in that prison, including 7 convicted and the rest detained for 3 to 9 months for disturbing the peace. In one cefl where 49 rnirors were being held' there was severe overcrowding and inmates conplained they had noE sufficient cleaning naterial and underwear' They also complained of fack of fight and ai r-conditioning. (Ha'aretz, 25 July I989) 303. On 6 August, it was rePorted that a group of wornen concerned about prison concli!:ion of wonen Political prisoners had started a series of Protest actions agairrst the allegetl deterioration in the detention conditions of wonen PoliLica] A/ 44 / 599 English Page 105 prisoners held in Tet-Mond gaoL. According to the group, si.nce May l9g9 fanily visits had been curtailed and books' o"*"pap"." and radios This reportedty have been confiscated. for.lovred an att.ack or an imnate suspected of corraboration. The Prisons service cornrnission reportedly promised previous to restore coDditi.ns tO their state, but had so far faifed to do so. (Ha,aretz. 6 August 1989) 304. on L3 August, ic lras reported that an innate in the (etzi.ot detention camp. Fadel Hasin safem' of Gaza, had been severery beaten and tortured, nightly. for one week' by other inmates who suspected him of corraboration. from his attackers He nanaged to escape as they were about to murder hin. and found refuie with IDF guards. The guards rescued another irynate whose life was threatenei. Alrad Salam Iyad. Both were isolated. Two suspects were being questioned by police. (Ea'areta, 13 August 19B9) 305' on 15 and 16 August' reports were pubrished about a conpraint nade by Knesset nember Dedi Zucker in a Letter to Defence Minister Rabin, concerning According to IDF tock_ups. Zucker, he heard from reservists and prisolers during J visit to the Beach Detention camp (Ansar 2) in Gaza that detainees held after military tock-ups their arrest in were badly beaten by guards and soLdiers who happened to pass by. Similar reports were recently received fron the Katkilya Detention facitity and the Hebron lock-up. "The 13 lnilitary lock_ups are a no_nan,s_land. Red There is 'o cross supervision and the detainees are left. to the caprice of bhe sofdiers, r''ho have no qualifications to serve as warders", Knesset menber (Ital zucker wrote. ar,elu, 15 August 1999, Jerusatem post, 16 August 1989) Annexation and settlemenc OEal cli-d€nse 306. A few witnesses referred to the arbitrary seizure of authorities land by the fsraeli in the course of their testirnonies. Mr. yussef Abalel Haq, from Economic palestine the Department, Liberation Organization, stated in thit regara: "As far as settlements are concerned, during lggg_19g9 and in spite of the tension in the occupied territories and the intifadah, settfements eight more have been established, so that since 196?. 196 settlements have bee! e6tabli6hed !.ith an area of 3.2 million dunans, that is, SO per cent of the territory of the West Bank and caza. In l9B8 the Israeli authorities expropriated 39,000 dunams." (ODe dunam r,oo0 sguare (A/AC.145/RT.513) = metres) 307' An anonlrrnous witness' asked about settlenents near his village and their date of establishrnent, gave the followinq account: "Five, six or seven years ago. "Mr. JOVANIC (yugoslavia)i Were they e.tablished on Arab land? "The WII}IESS (interpretation from Arabic): yes. They expropriated the land, and told the fandorrners, ,We have taken your land,. A/ 44 / 59q English Page L06 "Mr. JoVANIC (Yugoslavia): Did the owners receive fair cornpensation? "The WITNESS (interPretation frorn Arabic): Not a thing' But the owners vrould not take anything from them, they would not accePt anything frorn them' They want their land, they want to live on their land. they want their fanilies to continue to live on the land. It is Part of them"' ( A/AC . 14 5 /RT. 512 ) Written information (Information on thj.s subject covering the period frorn 26 August 1988 to 31 March 1989 is to be founcl in the periodic rePort (A/44/352, Paras. 261-275)). 308. on I April, an inauguration ceremony was held for the nevt settlemenc of lzuf irn. east of Kalkilya. The settlement was built ou private land Purchased by Gush Emanin. It was not one of the eight settlements Provided for in the coalition agreernent. It was planned for 1,500 fanilies. (Ha'aretz' 10 April 1989' A1-Fair' 17 April 1989) 309. On 27 apri]. it was rePolied that the Israefi authorities ordered the confiscation of, about three duqgul bel'onging to Sherif Issa iD wadi A1 Habis' near Deir Jarir (Ramal.lah). Another 24 dunams, ProPelty of Atuned Abdel Fattah llijazi' were also confiscated in the village of Jat (Nablus). (Attalia, 27 APril 1989) 310. on 2 May, it was rePorted that another 14 Jewish families !te!e to settle in the "Abraham the Patriach" comPounal in Hebron wiLhin the next two monihs' The construction of flats for these families r.as about to be finished. At Present only five fanilies lived in the conpound. Eleven families lived in Beit lladasa, six in the Hassan House, five in Shneolsohn House, three in Rornano l{ouse and three more in Te1-Ru$eida. In addition, 120 students in the "Shavei-Hevron" yeshiva rePortedfy stayed in the place almost day and night. (Ha'aretz, 2 May 1989) 311. On 10 May, two ner.t settlenents were established, Tzoref, in the Etzion bloc' and ofarin, south of Beit-Arye, in the Binyamin district. A third settlenent, Dugit, was planned to be established in the Gaza Strip within two months' Izotef had at its disposal 850 dutrans of land Purchased by Jews in 1928' (Ha'aretz' 11 May 1989 ) 312. On 28 May, it was rePorted that the Minister Ariet Sharon was PreParing a Plan for the settling of 200 .te\,tish fanilies in the Moslem quarter of 'Ierusalem's Old City. At present only 25 Jewish families live there and several religious schoofs are located in the quarter. The Jerusalem nunicipality reportedly oPPosed settlenent of Jewish farnilies in the Moslern quarter. for fear of increased tension between the Arab and Jewish communilies. (Ha'aretz. 28 May 1989) 313. on 30 May, the Knesset finance Connittee aPProved the allocation of Nrs 30 nillion (approximately $20 rniltion) for settlements and roads in the territories. (Jerusalen Post, 31 May 1989) A/ 44,/ 599 English Page 107 314' on 1 June, it as report.ed that five rnore sites of J€wish settlenent.s were to be populated in the coning months, in addition to the four that had established already been since the setting up of the coarition governmentr Tar.mon and ofrain in Binyarnin district, Tzoref in the Etzion br.oc and rzofim a private was - initiative that approved three years earlier. On 4 June, Hou.ing l.linister David Levy tool< part rn a cerenony of consecration of 13 new flats in the ,,Jewiah compound,,, near the Abrahan synagogue, in Hebron, Levy announced that 1,OOO new houiing units were to be buitt in the territories before the end of the year, and that the construction of 1,500 more flats arould begin in 1990. It was further reported that Gush Emunirn pLanned to settle in one month,s time three settl,enents in one day, in the Gaza strip' Kfar Darorn, Dugit and xatif 8. The settretnent of Avney-Heiecz arso be established later in the year. (Ha,aretz, 1, 5 June 1989) 'ould 3L5. On 30 July, four Je{ish farnilies entered hones in the Moslen .Jerusalen's euarter of ofd City after the association dealing with purchase oi Arab_owned homes in the quarter had spent hundreds of thousands of United States doLlars for buying the homes. Two of the houses are focated in via Dororosa Salsila and two others in street, near the Wailing Wall. A fortnight earlier. two other homes in Mosl-em the Ouarter were occupied by Jewish farnities after the houses were bought from Arab owners. At present, 35 ,tewish families lived in the Moslem euarter in addition to religious serninars and other institutions, which presence brought the Jewish in the quarter to a total of 400 daily. (Ha,aretz, I Aulust 1989) 316. On 7 August, the Central Bureau of Statistics reported that despite the Pafestinian uprising, sone 6,OOO people settled in the territories over the past year. In Decenber 198? (before the beginning of the uprising) 60,300 Israelis lived in the territories, The 10 per cent growttr in 19gg was sr.ower than the rate in previous years. (Jerusalem post, g august tgSS) 317. On 7 August, Industly Minister ArieL Sharon authorized the eapansion of industriaL zones near two west Bank settrements, Ei.10n Moreh and Karnei He insisted shornron. that vrork start immediately to make crear that ",Jews haven,t changed their views and that the coverrynent is adamant. that it wil.L not leave this area,,. Sharon. who was visiting the Barkan industriaJ- area, afso accepted a plan to refurbish the second storey of an old foft.ress at sanur, south of He that yakir Jenin. said Arief, Beit Aba, and other settlements in the area formed a wedge betlteen Nablus and Ranar.lah, but that such a wedge stitr ttial not exist bet$een .lenin and Nablus. (Jerusalem post, g August 19g9) 318' on 20 August' a meeting was held in Hebron of the "A.ssociation for the Rener.ral of the Jevrish Quarter in Hebron". on the sixtieth anniversary of the 1929 nassacre of Hebron \tews. It vras reported in the neeting tha! the association years, had bought. in 'ecent 10 houses where Jews used to live before 1g2g. But due to a ban by Defence Minister Rabin Jews cou]d not re-settle in these houses. The association nevertheless intended to buy another 50 buitalings in the town. At present 35 Jewish families lived in various houses or cornpounds in Hebron. (Ha,aretz, 21 August 1989 ) Al 44/ 599 English Page 108 Iuformation concelning the occuDied Syrian Arab Golan Oral evidence 319. In a statenent deLivered before the Special Conunittee at Danascus on 25 May 1989, Mr. Hani Habib, Director. International Organizations Departnent' Ministry of Foreign Affairs of lhe Syri.an Arab RePublic' referred to the situaEion in the occupied Syrian Arab Golan and stated in this connection; "RegaratingEhesituationintheoccuPiedSyrianArabGolan'thestrategy of Israel continues, nameLy, total aggression and the assertion that the Golan is part and parcel of Israel. Its Practices' overt and covert' are imposing judaizationonthatarea,areirnposingitslawsan'ladninistration'cutting off tn" Syrian Arab people in the Golan from their history and the rest of nation. r"t""t ii continuing to set uP settlements - the aumber has now their It is reached 36 - and changing the social and cultural nature of the area' also tryilg to annihiiaee the very nationality of the PeoPles in that area' tnus violating the resoLutions of the United Nations' and ParticularLy Security Council resolution 497 (1981) antl General Assembly resolution ES-9/1 at its special session on 5 February 1982 and which is constantly reaffirmed at subsequent sessions of the General Assenbly' ',Facing this occupation, our people in the Golan rose with great heroistn, affirmirg on every occision that they belonq to the Syrian Arab nation and to its militaDt leader, Hafez Al Assad, thus rejecting occuPation and the imposilion of IsraeLi laws and Israeli nationality uPon them' They atill defy the repressive of Isxael until the whoLe Land of Gofan is freed from Powers for the occuPation. The PeoPle of that area have also expressed their suPPort heroic intifada of the Palestinian Arab Peopfe' ..weshould]ikeheretorefertothefactthatthelsraelioccuPat'ion aubhorities are currently irnposing colfective economic Punishment on our Syrian Alab people in tne occupiea Golan by closinq the markeL for their apple production wttich constitutes one of the rnain sources of income for the peoplet this is being alone on Lhe Pretext that there is continued aggression and , expressions of hatred by the PoPulation of the Golan of the occuPation authoriEies and because lhey have rejected Israeli nationatity' This is an economic catasErophe for the PeoPle which rtill cause a furlher deterioration in their living conditions and increase the difficulties they face' such as unernploynent, which will turn then into a cheaP soulce of manPower fo! rsrael' "... The destruction of the entire city of guneitra was a serious violation of Article 53 of the FourLh Geneva convention regarding the Protection of civifians in time of war. which fays down that the occuPying State is forbid.den to alestroy any private PropertY of individuals or groups' or of the State or Public sector, or of social or co-operative societies' unfess war oPerations require such destruction. Articfe 147 affirms tha! fact once agaln and stales that the destruction and expropriation of proPerty in a manner not A/ 44/ 599 English. Page 109 justified by requirernents of lrar and on a large scate, illegafly and arbitrarily, is one of the serious violations which requires the inp.lementation of Articre 146 of che convention, in vhich the contracting Parti.es pledged that Chey woul.d take any Legislative measules to impose effective Punistment on those who carried out or ordered one of those serious violations, Every Contracting party is called upon to pursue those accused of carrying out such viorations or who had given an order for such viorations, and briDg thern before the courts. rt is afso considered to be a crime of war in accordance with Article 85 of the First Additional protocol to ttte Geneva Convention, where the third subparagraph provides that the t.aking of areas vhich are deprived of the means of defeuce, or denilitarize,al areas, as a target of attack' is also one of tbe serious violations of the convention. "ouneitra, which was conpLetely destroyed during a ceasefire and a few days before the withdrawal of the rsraer-i troops and its liberation in 1974. demons;rsgss an Israeli policy of particular brutality, carried out deriberately by the occupation authorities. a zionist racist policy airndd at destroying the Arab presence. euneitra is a living witness, an etlrnal oitness, of brutal Israeli practices.,' (A/AC,145/RT,5OZ ) Written iuformation 320. on 17 April, widespread pro-syrian dernonstrations were herd in ajdar-shans to mark ttre Syrian Independence Day. Six villagers were arrested on suspicion of waving Syrian flags, and it was reported that further alrests were expected. Police and border por-ice forces renained outside the virlaqe a.d refrained fron intervention. (Ha,aretz, 1B-21 April t989) 321. on 2 May, GaLilee porice arrested r.3 resid.ents from Bukata. Majdal shans and Mas'ada for allegedr.y hoisting syrian fr.ags and singing nationaristic songs cwo 'weeks earl.ier, on Syria's Independence Day. (Jerusalem post, 3 May 19g9) 322. On l-0 and 11 May, many dernonstrations were reported in villages in the Golan. Porice used rubber buLlets and tear-ga6 Eo disperse huDdreds of dernonstrators in Mas'ada, The Israeli flag was burned and a Syrian flag wa6 hoisted. Over 40 vi.lLagers were detained. On 14 May, i! was reported that hundreds of riot equipped PoLice and border police were stati.oneal in Majdal-Sharns over the weekend to prevent di.sturbances. (Ea'aretz, 11, 12 May 1999; Jerusalem post, 14 May 1989) 323. on 22 Ju7y, 150 poricemen and border policernen interrupted a surmer horialay canp in the northern GoLan, in which some ZOO children and g0 adu]ts were participating. The holiday camp was naned "resistance", and each of the 14 huts conposing it bore the narne of a welL-known ,,terrorist,' group. The poLice arrived on the scene equipped with tear-gas canisters and rubber butlets, but they reportedly behaved "with much restraint" as they were negotiating with focat officials, requesting them to renove the "nationalistic" inscriptions and stop the anti-rsraeL songs. The porice r.eft the place after receiving assurances that the holiday camp wourd cease all. "nationafistic activities,,. (Ha,aretz, 23 July 1989) A/44/599 English Page 110 324. On 14 August, it was reporteal tha! Police had recently arrested several residents of the Gofan, as well as Arabs from Galilee and the Jenin area, on suspicion of nationalist activities in villages on the Golan. According to Police, some of those arresteat distributed leafleEs inciting againsE the State and encouraging the continuation of the uprising in the West Bank and Gaza. (.lerusalen Post. 14 August 1989) CONCLUSIONS 325. As indicated in the letler of 7 June 1989 transnitting the Special Conmittee's periodic teporl (A/44/352) to the SecreEary-General, as wel] as in the letter transnitLing the present twenty-first report, the following conclusions have been drawn from information reflected in both the periodic tePott (A/44/ 352) and the present report of the Speciat Conmittee. The conclusions thus cover the Period since 26 August 1988, dale of the adoption of its twentieth rePort. 326, The periodic report and the present reporE have been PrePared in accordance eribh the rnandate of the Special Conmittee as renewed by the General Assembly by its resolution 43l58 A. 327. During the period relevant to this report, the Goverrunent of Israel continued to wittrhold its co-operation from the Special Conunittee. However, the SPecial Cornnit.tee benefit.ed from the co-opelation of the Govertunenbs of EgyPt, Jordan and the Syrian Arab Republic, and of various Palestinian representat ive s. The Special conrnittee, having been precluded fron visiting Ehe occupied territories, conducted a series of neetings at Geneva, Damascus, Arunan and Cairo in May and June of this year. At Danascus, Anman and cairo, it heard the evidence of persons who had first-hand knowledge and personaf experience of the hufian rights siLuation in the occupied territories. In addition, the Special Conunittee fotLowed the situation in Che occupied territories on a day-to-day basis tbrough rePorts aPPearing in the Israel,i and PalesLinian press. The Special Corunittee examined a nrunber of valuable cornmunicaLions and reports from Goverrunents, organizations and individuals concerning the occupied territories that reached it during the period under review' 328. The concl,usions contained in the present report are fornulated on the basis of the information reflected in the periodic report (A/44/352, sect. II) and in section IV of the present report. It must be borne in rnind, however. in this connection, that the vofrme of infornation receivecl and examined by the SPecial Comnittee did not permit its totat reflection in these reportsi the SPeciaf committee has endeavoured within the constrainls irnposecl by tbe fiDancial situation of the United Nations to include in the reports, as faithfully as possible, sanPles of the inforrnation it has received in order to illusLrate the total reality of the situation of hr[nan rights in Lhe occupied territories during the Period covered by both reports. 329. On the basis of information and evidence put before it. Ehe Speciat Connittee reaches the general conclusion that the situation in Ehe occupied territories has been rnarked by a dangerous level of violence and repression, which has constantly escalated since the start of the uprisirg of the Palestinian population againsL occupation in Decenber 1987. a/44/599 English Page 111 330' rnforltation and evidelce put before the special corunittee illustrate the fact that rsraeL has continued, during the period under consideration, policy to pursue its of annexation towards the occupied territories. This poricy his led to various measures such as estabtishing settlements, expropriating properEy. transferring IsraeLi citizens to the occupied territo;ie" arra eici,..igirrg o. conpelling, by various neans, parestinians co reave their bomefand. The speciaL cornrnittee emphasizes once again that such an attitude is in viotation of the obligations of Israel as a State party to the fourth Geneva Convention relative to the Protection of civilian persons in Time of war. rt may be recarled that this convention stipulates that miritary occupation is to be considerd as a temporary, de leels situation' giving no right whatsoever to the occupying power over the territorial integrity of the occupied territories. rrr.ustrative poficy rneasures of the and of the Goverrunent of Israel in that regard is the publicatiou, on 22 December r988' of a list of eight new settlement.s r^rhose construction 1.ras upon agreed between the Likud and Labour parties, as reported in Ha,aretz on 22 Decernber 1988 (see h,/44/352, para. 267), or the approval, report€d in Jerusalen Post on 3L May 1989, by the Knesset Finance Corunittee of the attocatioD of rs 30 nillion (appro:.imately g20 rnillion) for settfements and roads in the territories (para. 313 above). Another irlustration wourd be the ruring. reported by Ha'aretz on 4 July lggg, of the president of the supreme court about a mir.itary seizure order on a piece of land o$ned by a paLestinian. The president of the Supreme Court ruled that a provisional seizure of land for permitted nilitary purposes was under the "lalrs of the war,' and under international pubtic law (see pa!a. 102 above ) . 331. The reaction of the Israeli authorities to ttre wave of disturbances and protest waged by the civiLians against occupation has been increasingly severe. In this connection, reference can be made to virious neasures implemented by the Israeli authorities with a view to quell the denonstrations, such as the issuing in January 1989 0f new instructions under which alr so.ldiers, i.e, not onry officers. were duthorized to shoot plastic bullets at demonstrators, as reported 1n Ha,aretz on 5 January 1989 (see Al44/352, para. 35). Another itlustration of the Israeli Policy in this regard is the statement on 10 June 1989 by Defence Minister Rabin. that in order to further carm down the violence in bhe territories, rnore means needed were for "selective punishment of activists,,, as reported in Ha,aretz on 11 June 1989 (see para. 42 above). Mention can also be rnade of the report by Je r u sqlcLpe-ql on 21 June 1989 according to which Defence Minister Rabin had asked the Justice Minister and the Atto rney_Gene ra1 to devise the legaL means to inplenent several new punitive neasures to hetp deal more _-ffectively with continued vioLence in the territories (para. 45 above). 332. Such measures have clearLy failed to caln the situation in territories. the occupied on the contrary. they have led to yet more viorence and suffering and resulted in great losses anong the civi.lian poputation, practically every day and in severaf localities, serious incidents trave ieen reported, such as vioLent clashes betlreen the ciwilian population and Israefi defence forces. border policemen, paratroopers or settrers. The clashes often have resur.ted in deaths and severe injuries, affecting al.L categories of civilians. including very young children. several hundreds of palestinians have been kirr.ed, a"-appel.i i' trre tabfes reproduced in paragraph 48 of docuTren E A/44/3SZ arra paragralt 27 of the A/ 44 / 599 English Page 112 presenl docunent, lrhich provide details concerning the Paleslinians killed during lne period under consideration. Information aPPearing in these tables' in particular in ParagraPh ?7 of the Present rePort, also reveals an afarming trend ltith.respect to the killing of dozens of Palestinians susPected of collaboration rrith Israel, Other incidents have involved taa colLection raids, or raids naged by Israeli soldiers to carry out scores of arrest.s or dernolish houses. Nunerous cases of severe beatings and the breaking of bones, casualEies Provoked by tear-gas and rock throwing into houses or oLher confined areas such as mosques or schools and various other kinds of harassnent and ifl-treatment have been rePorted to the Special Cotnmittee. Illustrative of this clinaee of daily confrontation arith violence and humiliation vras Ehe testimony of an anonl.mous ltitness who stated in this regard "... life has been steadily deteriorating. it goes f,rom bad to worse' People live in terror, in fear' aI1 the tine. Many times we are beaten by the .fews, by the IsraeLi army. At the beginning we just used to see them in the street, beating p€oPle they met in the streeti but I'ater they began to attack the houses. They break into houses and drag PeoPle out and beat thern ' You see your chiLdren's bones being broken. I have a son, a daughter antl my wife' and all three of them have had bones broken ..." (see para' 12? above). 333. one of the nost severe incidents occurreal on 13 APril 1989 in Nahalin near Bethlehen. when a border Police unit, which raided the viltage to carry out arrests, was aLtacked by local youths who threw stones and other objects at them' The border police unit reacted by oPening fire. Four youths were killed and ac least 13 others were injured, inclucling four seriously. Arab sources PUE the nurnber of injurett at 35. Many others were injured from Eear-gas' The incident was reported in IIa'aretz and Jerusalen Post on 14 and 16 APril 1989 (see Para' 57)' The weekend of 5 and 6 May 1989 was also marked by violent clashes in the Gaza Strip which were reported to have been the fiercest and bloodiest since the beginning of the uprisin!, ana by violent incidents in several west Bank localities (see para. 59). According to data on PeoPle killed in the territories since the ueginning of the uPr!.sing uP to nid-June 1989, released by the Israeli Infornation Centre for Hunan Rights in the OccuPied Territories, as reported in Ha'aretz on 15 June 1989 antl reflected in ParagraPb 43 above. 20 Per cent of those killed were under 16 years of age. KilLings were rePorted to have been caused by gunfire (including Plastic bullets), beatings, erectrocution' burning and other causes' and over ?0 persons, including 30 babies, were rePorted to have died shortly after being exposed to tear-gas. In aaldilion to physical harm, the situation Plevailing in bhe territories has also borne drafiatic Psychologicat effecEs on the civilian popuLation, in Particular among young children, on $rhom Lhe imPact of violence is very difficult to erase and leaves long-term eff€cts, as nentioned in one of the testirnonies colfected by the Special Conniteee and reflecEed in paragraph l-22 above. 334. The harassment of citizens has also been characterized by an increasing recourse to various forms of collective reprisal' irnPosed on the Pafestinian popul.ation in contravention of the relevant provisions of the fourth Gereva convention. one such form of rePrisal has been the demolition of houses olr a very Large scale' Reference can be rnade in this regard to statistics Published on 20 March 1989 by the Palestinian hunan rights monitoring grouP AI Haq' rePorted in Al-Fair on 20 March 1989 anal showing that at least 6?2 houses had been dernolished in the occupied territories since bhe outbreal of the uPrising, allegedly for A/ 44/ 599 English Page 113 having been built without a pernit (see A/44/352, para, of the Z6), another iltustration recourse to house demolition as a rneans of reprisaf was the infornation, reported in Jerusalem post on 12 May 19g9 present and reflected in paragraph 159 of the report, that on 11 May lggg the supreme court upheld the rDF,s demolish houses in the right to territories in reac-tion to petrol bombing. even in cases when the bombs caused no danage. Similarty, the p;actice curfelrs, with drastic of imiosinq proJ.onged economic on the civilian population, has continued; refereDce can be-rnade"or"aq,r"r..-" in itris regard to the inaerin-ite 16 May 1989 co the curfew imposed on caza Strip, and to the dJclaration by Defence Minister Rabin that the measure was meant to show parestinians that they in fsrael for granted (as courd not take their jobs reported i" ffa,ar.i" and Jerusalem post on 16, 1? and 18 May 1989 and refrected in p...g..ph ii 8-l?-the sanctions present report). Economic includinq heavy taxes' the uprooting of trees or the banning have also been imposed of exports on the civili"rrl. various other measures of collective punistment such as the cutting"" "r!tr "" seveling of water, eLectriciEy supplies and the of terephone rines' such measuies have further aggravated the criticar' economic and social situation. already the information, Mention can be made in this connection to reported by Ha'aretz and Jerusar.em post on 1g ltay 19g9, that alr Gaza strip residents wour.d hencefo.ru.d cross be-i-"quired to have an iniividuar perniL to into Israel for lrork and business po.po"'au, and vrould also be that similar restrictions extended to West gant residenis in time (see para. 172). 335' The period under consideration has also witnessed the nunber a considerable increase in of deporbations fron the occupied territories carried orrt i"--;;i;;-o;"u r1'ave of Protests by the inbernational community including the.Security council .rnanimo,ls resor,.tions ly against such iltegal pru"ii"" wtrich is in violation of articfe 49 of the fourth Geneva conveniionl deportations This ar.arni'g t.er,o to.,*a.os increased was vrell it.lustrated by the infortnation reported in Jerusar.en post 22 May 1989 and reflected on in paragraptr 1g6 0f the presert report, that the chief of. Staff of the IDF had asked ttu Co.r"ri..ot to consider facilitate deporting tabLing legislatio! to "convicted terrorisbs', who were caught a second t.ime. Another preoccupying deveropment rdas the increasing recent parestinians withoub a valid ,,stayirg trend co expe' visa',, as reported in ga,aretz on 3L May l9g9 and reflected in paragraphs 1gZ and :.gg oi tbe present report. 336. The adniniseration justice of is another field t^,hictt has witnessed a considerabLe deterioratioD of the protection ,,guick justice" referred oi basic hunan rights. The to in last year'-s report or ire special cornmittee has continued to characterize court procedures, proarlkirrg rights activists, many protests fron lawyers and hunan According to in?orrnatioi rrplra.a in Ha,aretz, Jerusalern post and Al Fair on 3 and 13 February 1989, conplaiits aoout listed by group miJ.itary justice were a of Arab *ho wagei strikes in January, and July 1989, and l"y.i: Irot."t February included the frequent po"ipine."rrt of trials uhile suspecrs remained in gaol, faifure to notify fanil].es bureaucratic i" to ,rh"r" detainees were he.ld. obseacles in order to prevent ra'"y"rs fron neeting with their clients, the severity of penarties and the uie of the x'etziot hold detainees canp in the Negev desert to from the terriEories (see ltsst3iz, paras. 64 and Ploblen frequently 67). Another referred_to-by witnesses appearing before the special comnittee lras that of the confidential files containing' "charge s levelled Palestinians, which aqainst neither the defendant no, fris. lawyer have access to (see A/ 44/ 599 English Page 114 para. 81 above). Such comptaints do not seem to have deterred the security est.ablishment which deciiled, as rePorted on 12 June 1989 by Ha'aretz' to imPose harsher penalties on persons susPected of subversive activity in the uprising' one of the penalties r.rould be the extension of adniuistrative detention from ehe present six months to one year, tdith a Possible further extension (see para' 96)' ihe period under consideraiion has therefore uitnessed a large increase in the number of detentions, Ha'aretz rePorted on 14 June 1989 that 6ince the beginning of the uprising. over 49,ooo Palestinians from the territories had been detained for various periods in Israeti tletentiou facilities' They included adninistrative detainees, detainees Pending trial, detainees already tried and persons detained for participation in disturbances (see para. 98)' The sentences inposed have also o"...i1y been particularly severe. On 20 JuDe 1989, for insLance' Ha'aretz rePorted that. on the Previous aay, ttrree Palestinians had been sentenced each to eight and one half y...i in prison and four and oae half years susPended, for harassinq shopkeepers who had opened their shops on strike days (see para' 100 of ttre present report). In contrast. Israelis chargetl }lith nurder or ill-treatment' of Arab ciwilians, seem to have benefiteal fron relative leniency from the authorities' In this connection, it was leported iu .lerusalen Post on 16 Decernber 1988 thaL a military court in Jaffa had sentenced Private Eli Yedid to 18 nonths inPrisonment for maDslaughter, for killing Yusuf Abu-Eid fron Bidu during a riot in March 1988' Yedid was found guilty of shooting Abu-Eid after seeing him throwing sLones (see A/44/352, para, 85). 337. The general clirnate of tension and repression in the territories during the period under consideration was also noticeable in the treatment of detainees' vthose situatron, as a consequence of the arrests of tens of thousands of Palestinians since the outbreak of the uprising, has further deteliorated' In addition to the existing prisons, arrny tletention centres are being increasingly used' various goverrfienlal buildings and even school buifdings have been converted to tenPorary detention centres. Detainees have continued to be held in Prisons aDd aletention centres inside Israel itself, such as Ansar 3 or MegidAo, in violation of reLevant provision of article 76 of the fourth Geneva Convention' Detainees' including minors and wornen have been subnilted to various forms of ilf-lreatnent' both physical and psychologicalt they have suffered flom a lack of adequate sanitary and rnedical facilities, nutrition and clothing, and the overcrowding of cells Ieading to protests by prisoners in the forn of widesPread hunqer strikes' Sone detention centres have been rePorted i:o be notorious for Particularfy cruel conditions' such as the Ansar 3 anal Megialdo camps where serious riots have taken Place leading to inluries fron tear-gas and rubber bullets, as rePorted by Ha'aretz and Jerusalem Post on 28 ApriL 1989 (see Para. 289). 338. The Special conmittee also received information on various neasures aff,ecting the enjol,nent of certain basic freedotns- For exanple, a number of civilians' both individually and collectively, were the subject of arbitrary orders restricting theif freedorn of novernent. in particular due to the systsrnatic recourse to curfelrs or the sealing off of entire areas. Anotber restrictive neasure was the issuinq by mifitary authoriLies of identity cards to Gaza Strip resitlenbs wishinq to enter Israel, as reported in Jerusalern Post on 6 June 1989' Thj's rneasure was described as a further effort to tighten sonlrol over the residents' It was reported that sorne 2,000 residents witb security or criminal records wouLd not be entitled to a A/ 44/ 599 Engl.ish Page 115 card (see para' 207)' on 1g August' Ha'aretz reported that these new went into effect' on 22 regulations August, rt that security authorities were considering introducing sirnilar cards"u"-r.lorted to wlst-sanr. residents, to persons rrho were in order to ban entry convicted in the past of a security or a serious criminaL offence. or had been served with un uirirri"t..tive Freedom detention term (see para. 2lO). of association and freedon of the press were ar.so neasures such affected by various as closures of newspspgls arrd paa"" agencies, censorsh-ip, interference in 'the work and detention of jo'urnalists of h'orship or t.rade unionists. Freedom was also affected by arbitrary ia""..."" such rnosque u der constructi( as the setting on fire of a on worshipper" r"". p..ll.olrlTri;1"';3"::,1":1 Sllli;rli-i;;;";;;r"li ;:: :::::i:;.h;::::.; bv the prolonsed closure or educarionar ins rit,,iron;; schools and i"i"i.,.," r.r" even kindergartens. The efforts by the palestinians to provide ". childxen with sone kind of_"popu1ar t"acfrlrrg,, 'l' of public order to compensate for the lack education were.also jeopardizeil ui oust"cres by the rsraeli as iLlustrated in the evidence authorities of-Mr. Usama Sayef, tsee para. 24a) and various press reports (see, for exanple, para. 249). 339' Another grave developnent in the occupied territories duling period consideration has b€en the under the increase' rottr in scope ana graviEy, of acts of vior.ence and aggression by Israeli settle!s against the paLestiDian popuLation. 20-March, it was On reporteal in A1-Fajr that Jewish settrers killed 16 par.estinians and wounded 107 in the year between para' Decenber 1g8? anar Decernber 1988 (see A/44/352, 226)' An ilr.ustration of the violent behaviour of 29 May, by 30 settlers sebtr.ers is the raid, on on the village of Kifl Harith, where they reportedly carried out a "nethodicat and prolo'ged .u,npaga, invorving clinaxed with arson and vandalism .. , which the shooting ot a 1s-yeJr-ord girr inside her hone in u"::ru!i: fire". as reported a burst of in Ha,iretz and Jerusalem post on 31 May l9g9 and t:ft:"|:d in paragraph 268_of the p."".rrt ,.po=L of vigiLante Another exanpte is the creation intervention forces by settlersl as reporteal j.n lla,aretz Jerusalen Post on 18 and April 1sg9 (see para. 256). Reference can also be nade in this connection Lo the Kiryat Arba 18 ;;;; ." reported in Jerusatem post on and 19 July 1989, burst on 17 Juty""i.tt.ru r9g9 into one patriach,s cave in Hebron, of the halrs of the threw Mosrem pr"ya, .,.,g" aside and danced untir sordiers forced thern out (6ee para. 220), 340' the report of the speciat corunittee tension-Finarly, prevaiting ar.so contains information on the in the occupied syrian Arab cotan, illustrated widespread dernons trations, by violently dispersed iy tne porice and border police forces (see paras . 319-324) . 341' rn the opinion of the speciar corunittee, the overar.r picture evidence and information drawn from the examined by it during itre perioa under consi.deration, i.e. 26 ,August 1988 to 25 August 1989, reveals deterioration a vJry alarrning situation and a further in the feweL of enjo),nent of basi-c human rights freedoms by the and fundarnental civilian population. The provisions of the fourth GeDeva Convention, which remains the nain iuternalional instrument that applies to in humanitarian Law the occupied territories, continue to be disregarded and violate.l. In view of the gravity of such developrnenEs, stresses the Special Corunitt.ee once again that urgent measures must. be takeD in order to ensure an effective a/ 44/ 599 English Page 116 protection of the basic rights and freedoms of the civitians in che occupied territories, such protection can only be ensured, in the long run' through the negotiation of a conPrehensive, just ind lasting settlernent of the Arab-Israeli conflict. acceptable to afl concerned. In the nean time' che SPecial Committee wishes to leiterate Che fol,lowing neasures vhich it already suggested in its twentieth report fast year and which could, in the vie!' of the Special Coffnittee' contiibut.e to the restoration of the basic human rights of the civilians in the occupied ter r ito r ies : (a) The full apPlicatiotr, by Israel. of the televant provisions of the fourth Geneva convention, lthich remains the rnain international instr'Jment in humanitarian law that applies to the occuPied territories, and whose aPPlicability to those territories has lepeatetlly been reaffirmed by the Securily Councif' the GeneraL As6efib1y and other relevant organs of the United Nationsi (b) The fulr co-oPeration of the Islaeti authorities with the International conmittee of ttre Red cross (rcRC) in order to facilitate efforts to Protect detained persons, in parlicufar by ensuring full access of ICRC representatives to such persons i (c) The full supPort' by Mernber States, of the activities of the IcRc in the to eventual appeals occupied territories, and positive-including response by Mernber States for additional assistance funds to finance the extla activities required by the unprecedented increase in the mrmber of datained Persons; (d) The fuII supPort, by Mernber States, of ttNRWA activities in th€ occuPied to territories in order to enable UNRWA ta inprove lhe general assistance Provi'led the refugee poPul,ation. VI. ADOPTIO{ OF TITE REPORT 342. The presenE rePort lras approved and signed by the SPecial Ccmmittee on 25 Ausust 1989 in accordance with lule 20 of its rules of procedure' Notes \/ Documents a/8089, A/8389 and corr.l and 2; A/ 8389/Add.1 and Add.1/corr'1 and 2; A/8828; A/9L48 and Add. L, A/98L7i A/L0272, A/31/2t8, A/ 32/284; A/33/356, A,/34/63!t A/35/425t A/36/579l. A/17 /485' A/18/4O9; A/39/59!t A/40/702t A./ 4l/ 680 , A/42/650 and A/43/694. 2/ agenda iten-it.tt."a-oieiiot I0L, document A/8237, ibid', Twentv-sixttr Session' -AnneEeSl^tY:T" ibid'. Tlrentv-seventh session' Annexes' aqenda item 42' ii"r-io, document A,/8950t ibid.. Tw;nty-e ighth-Ses s ion Annnexes' agenda iten 45' document ' A/9872' A/g374, ibicl., Twentv-ninth Session' Annexes' agenda iten 40' docurnent ibid., ThirLieth Session, Annexes, agenda item 52' docunent A/10461' ibitl" A/ 44 / 599 English Page 117 Notes ( continued) Thirty-first Sessiolr. Anuexes, agenda iten 55. document A/31,/3S9; i&id., Thirty-second Session. Anpexes, agenda itern 57. document A/32/4O7, ibid.. Thirty-third session. Annexes, agenda iten s5, document A/33/439; r-bid., Thirtv-fourth sessiop, Annelres, agenda iten 51, document A/34/69r and Acld.l, r-bj_i!., Thirtv-fifth Session. Annexes. agenda item 52, docurnent A/35/674, j&i ., Thirtv-sixth S€ssion. Annexes, agenda iten 64, document A/36/632/Add.l; i_bi_i!., Thirtv-seventh Session, Anneaes, agenda item 61, document A/3.1 /698 !b_Ld_, Thirty-eighth Session. Antrexes, agenda iten 69, document A,/38,/71g; ibid., Thirty-ninth sessior, Anneaes, agenda iten 71, document A/jg/7r2, ibid., Forcieth Session, Annexes, agenda iten 75, document A/40/AgO, ibid., Forty-first Session, Annexes, agenda item 71. docunent A/4l./750,. iijilX., Fortv-second Session. Annexes, agenda iten 75, document A/42/BlI, and j!:k!., Forty_third Session. Annexes, agenda item 77, docunent A/43/9O4. 3/ offi"i"l R""ord" of th* G.o"rur A"""*bfrr. k"nty-fifth s.""ior. Arr.*"", agenda item 1O1, docunent A/gO89, annex fIf, 4/ United Natious, Treaty Serie6, vol. 75, No. 973, p. 287. 5/ .I"b-i!!., No, 972, p. L35. 6/ Ibid., vol .249. No. 3511, p.215, 7/ Carnegie Endowment. for Internati"onal peace, The Haque Conventions and Declarations of 1899 and 1907, Nev, york, Oxford University press, 1915. 8/ Geueral Assembly resolution ZZ0O A (: ANNEX Uap shol'inq I s raeli settfernents establisbeil. Dlanned dr under construction in the territories occupied since 1967 ,-..1'tl / .es ,' _-'qYRIAf MAP SHOWINC ISRAELI Sf,TTLf,Mf,NTS i) ESTABLISHED IN THE TERRITORIES 9r--i*)o-\ARAB LEBANON ! , ', REP. OCCUPIED IN JUNtr 1967 .,d.r i. **.ift,fi:,", +ws,Bili i'5 **.id;1 i- GOLAN'rd .6l* rir I ,,tfil!.- ; **. .'. i ,." 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