Saturday, January 7, 2012

Something special

This one is special, because it is
something from "the other way around".
Something out of "cultural Resistance".
Something about Palestinian Asylum Seekers in a rotten global european issue.
Something about my friend Haroun.
Detained today via Palestinian Intelligence Service.
Thanks Mr. Abbas I am filled up !

January 7, 2012
See More

Statistics December 2011

Statistic December 2011 source, Addameer.

Total number of political prisoners 4970 (+33 / Nov.)
Administrative detainees 283 (19 PLC members)
Female prisoners 11
Child prisoners 159 (33 under the age of 16)
Palestinian Legislative Council members 23
East Jerusalem prisoners 154
1948 Territories prisoners 165
Gaza prisoners 483 (1 under UCL)
Prisoners serving life sentences 524
Prisoners serving a sentence above 20 years 447
Prisoners having served for more than 25 years 23
Prisoners having served for more than 20 years 52

Friday, January 6, 2012

THREAT: The Jenin Freedom Theatre

We are going "cultural Resistance" since a couple of days.
Please support Zakaria and the complete crew of the Jenin Freedom Theatre.
The insults against all of them must STOP finally !!!
Act NOW and send 1 million @mails to Ban Ki Moon and his folk,
occupy their mail accounts and faxes.
If they don't want to see it, we will force them to do it !!! 


 
Your Excellency,
I am writing to urge you to immediately drop the revoked amnesty against Zakaria Zubeidi, Jenin and to grant him further without any compromises amnesty.
As is the case with so many others there are very serious, well-founded concerns that the revoked amnesty brought against Zakaria Zubeidi is politically motivated.
Zakaria Zubeidi, has been told by the Palestinian Authority that his amnesty is being revoked by the Israeli authorities.
This amnesty agreement, granted in 2007 by the Israeli Prime Minister’s office was in return for Zakarian Zubeidi’s ending of armed resistance.
The amnesty agreement allowed him to remain safe inside the Palestinian Authority district of Jenin where the Israeli military would not seek to arrest or assassinate him.
After having been the leader of the armed resistance during the second Intifada, Zakaria Zubeidi has since 2006 committed to cultural, non-violent resistance through theatre.
He founded The Jenin Freedom Theatre.
The Jenin Freedom Theatre is a cultural venue in Jenin Refugee Camp, that uses the arts as a form of resistance against occupation.
In addition to contradicting international human rights and humanitarian law Zakaria Zubeidi's revoked amnesty also violates article 5 (the right to liberty and security) of the European Convention on Human Rights.
Furthermore, I would like to recall the EU and Israel’s obligations under article 2 of the EU-Israel Association Agreement, which calls for the EU-Israeli relationship to be guided by respect “for human rights and democratic principles”.

It is in this context that I call on you to act through the European Parliament to hold Israel accountable for its actions by demanding that Israel:
pending the conclusion of the review--and the dismissal of all charges if the convictions are found to be in violation of the above-mentioned international legal norms (the observance of which the Israel is treaty-bound to observe.)
• Immediately put an end to its practice of arbitrary arrests and insults against The Jenin Freedom Theatre and its complete crew;

Please be assured that the international community is watching this case very closely.

Sincerely,


Please call these numbers asking for information and voicing your support for Zakaria
00 970 (0)59 777 88 87 Majd Faraj head of Palestinian intelligence'
00 970 (0)59 900 00 11 Abo Mohammad Shadeh head of the security of the Presidents office
00 970 (0)59 944 75 47 Dr Said Abo Ali, Minister of Interior
00 970 (0)59 930 38 50 Saeb Erekat Head of negotiations
00 970 (0)59 955 88 22 Ataeb Abdurahem, National Security
00 970 (0)59 920 54 79 Qadura Mussa, governor of Jenin

Please FAX to EU Court of Human Rights (which does not accept emails):
+ 33 (0)3 88 41 27 30
Please EMAIL to the below:

Secretary General Ban Ki-moon
United Nations
New York, NY 10017 USA
212-963-5012 fax: 212-963-7055 FAX !!!
Email: ecu@un.org

A directory of members of the European Parliament can be found here:
http://www.europarl.europa.eu/members/public
/

geoSearch.do;jsessionid=45E7355AB5D96FFD0DA60BA4AE91E4F2.node2?language=EN

michael.spindelegger@bmeia
.gv.at, kab.bz@diplobel.fed.be, info@mvp.gov.ba, iprd@mfa.government.bg, imprensa@itamaraty.gov.br, imprensa@planalto.gov.br, pm@pm.gc.ca, ministar@mvpei.hr, minforeign1@mfa.gov.cy, podatelna@mzv.cz, udenrigsministeren@um.dk, vminfo@vm.ee, umi@formin.fi, bernard.kouchner@diplomatie.gouv.fr, inform@mfa.gov.ge, guido.westerwelle@auswaertiges-amt.de, gpapandreou@parliament.gr, titkarsag.konz@kum.hu, external@utn.stjr.is, dcpf@mea.gov.in, minister@dfa.ie, gabinetto@cert.esteri.it, segreteria.frattini@esteri.it, mfa.cha@mfa.gov.lv, tonio.borg@gov.mt, secdep@mfa.md, post@mfa.no, DNZPC.Sekretariat@msz.gov.pl, pm@pm.gov.pt, msp@mfa.rs, ministry@mid.ru, miguel.moratinos@maec.es, beatriz.lorenzo@maec.es, registrator@foreign.ministry.se, info@eda.admin.ch, info@mfa.gov.tr, haguew@parliament.uk, stewartkb@state.gov,


Permanent Mission of Israel to the United Nations Office and Specialized Institutions in Geneva

Avenue de la Paix 1-3
1202 Geneva
Fax: +41 22 716 05 55,
Email: mission-israel@geneva.mfa.
gov.il

Write to Israeli Embassies and Consulates in your own country. A directory of Israeli embassies can be found on the website of the Israeli Ministry of Foreign Affairs at the following link:
http://www.mfa.gov.il/MFA/Sherut/IsraeliAbroad


Menachem Mazuz

Attorney General
Fax: + 972 2 627 4481; + 972 2 628 5438; +972 2 530 3367
Brigadier General Avihai Mandelblit

Military Judge Advocate General

6 David Elazar Street
Hakirya, Tel Aviv, Israel
Fax: +972 3 608 0366, +972 3 569 4526
Email: arbel@mail.idf.il, avimn@.idf.gov.il

Mr. Benjamin Netanyahu Prime Minister Office of the Prime Minister 3, Kaplan Street, PO Box 187 Kiryat Ben-Gurion, Jerusalem, Israel Fax: +972- 2-651 2631 Email: pm_eng@pmo.gov.il

THREAT: The Awad Family

THREAT : The Awad Family

by Mission Free Palestinian Political Prisoners on Friday, January 6, 2012 at 10:41am
6 December 2011 | International Solidarity Movement, West Bank
4000 shekels needed !!!

Mohammad Awad is a 16 year old Palestinian boy, he is in an Israeli jail and he is gravely ill – his family believe that he is not receiving the right treatment and that he may be dying.

As they sit in their house in Beit Ummar, a village near Bethlehem, Mohammad’s parents Ali and Amina, grow visibly angry and distressed as they recount their son’s treatment.

“He has fever, he sweats very much, he can’t sleep on the bed – he has to sleep on the ground to get some cold – he overheats and he cant move at all” says Ali. Despite the fact that he is barely eating, Mohammad’s weight has ballooned from 58kg to 92kg since he has been in prison.

Mohammad suffers from Familial Mediterranean Fever (FMF), an inherited condition characterized by recurrent episodes of painful inflammation in the abdomen, chest, or joints. These episodes are often accompanied by fever and sometimes a rash. Without treatment to help prevent attacks and complications, a buildup of protein deposits (amyloidosis) in the body’s organs and tissues may occur, which can lead to kidney failure or congestive heart failure.

Ali says that Mohammad was first arrested in February 2011 after he attended a peaceful protest in Beit Ummar. He was severely beaten by Israeli soldiers during his detention and was subjected to extreme cold. Amina says, “They beat him so badly, and he was shouting and screaming and crying ‘Please stop you’re hurting me’ but they said ‘no’. I believe that is the cause of his current condition – he had the fever [FMF] in the past but it was not serious as the thing he has now.”

Ali added that, ” When he told the solider that he had hurt him in the waist they beat him again and again on purpose in his liver and they caused internal bleeding.” The bleeding in his liver was so severe that Mohammad required a blood transfusion. He was released from prison in June, only to be arrested 14 days later and sentenced to six months imprisonment for attending a demonstration in the village and throwing one stone.

Mohammad is currently being held in Ofer Prison but the family has learned that he has been repeatedly sent to hospital at Ramle or Hadassah during the past two months and then returned to prison.

In the immediate family, only Mohammad’s sister Rahaf, 7, has been allowed to visit him. She first alerted the family that Mohammad’s condition had deteriorated when she visited him in prison with a cousin – she returned saying that her brother was swollen and dreadfully ill.

On 2 November 2011, Mohammad had a court hearing which his mother attended – but Mohammad was not in the court. “We didn’t get information why he wasn’t there,” said Ali, ”but the manager of the prison himself came to the judge – we knew this from the lawyer – and told the judge that [the prison] can’t be responsible if anything happens to Mohammad, [since] he’s now in hospital, in very bad condition, and we recommend that we release him.” The judge also recommended that he be released, but he needed approval from the Israeli intelligence – and they refused.”

According to Ali, “The manager of the prison himself called [him].”

“He told me, ‘your son is in a very bad condition and we can’t do anything for him so I will try to release him to be treated on the Palestinian side.’ So I’m afraid that my son is dying.”

Amina last saw her son in court on 28 November 2011. “He was very bloated and swollen all over his face and body, and it was not normal at all.”

Mohammad’s parents believe that the prison authorities have been giving Mohammad the wrong treatment that may be harming him even further. “When he was released for the first time, he smuggled some drugs out that he was being given [in prison]” says Ali, showing ISM the Allopurinol tablets given to Mohammad. “We asked a doctor what these was for, and he said these pills were for another disease, not for Muhammad’s condition. The doctor told him that it is vey dangerous to take this drug, and we’re sure now that they are giving him the same drug.”

The family has asked the prison authorities for Mohammad’s medical reports but they have refused to produce them. There is no cure for his condition but when he was out of prison Mohammad was taking Colchicine and antibiotics to manage his symptoms. Yet his rapidly deteriorating health and the statements from the prison manager suggest he is not receiving the correct medical attention.

The Israeli team of Physicians for Human Rights has attempted to visit Mohammad in prison but has so far been denied access by prison authorities. The Israeli human rights organization B’Tselem picked up some medicine for Mohammad but was also denied access to the prison by the Israeli authorities. The family claims that they have not been able to give him any supplies at all whilst in prison.

Mohammad is due to be released on 22 January 2012 – however, the family must pay 3000 shekels as a fine to secure his release. If they are unable to do so, he will serve a further three months in jail. His parents believe that his life is in danger and if he spends much more time in jail, without receiving correct treatment, the likelihood is that he will die. Mohammad’s brother Ahmad is due to be released from prison in three months but the family must find a 1000 shekel fine to secure his release, otherwise he will serve an extra month in jail. Ahmad also suffers from Familial Mediterranean Fever but his health is much better than Mohammad’s. If they do manage to pay the fines, the Palestinian Ministry of Prisoners usually pay it back – but Ali says this only happens around three years later.

As Ali shows us the documents from the military detailing the fines, he says that he doesn’t have the money and has no way to raise it as he is currently unemployed. “We are suffering from a very bad economic situation” he said. “I cant work inside settlements or inside the green line and most of the work is there. Also I am ill – I have asthma and I have heart problems now and can’t work.”

The targeting of the family

Mohammad’s parents have not been allowed to visit him in prison and they have difficulty getting information. Two of Mohammad’s brothers, Saddam, 21, and Ahmad, 19, are also in prison. Mohammad’s younger brother Hamza, 15, is not allowed to visit. When he was 14, he visited Mohammad during his first sentence, yet Israeli authorities detained and interrogated him for three days and then banned him from visiting in the future.

Now that all of his brothers are in jail, Hamza is terrified that he will soon be arrested. At night he paces around the house, looking out the windows for the Israeli military. “I am very depressed,” said Hamza, “I don’t have any hope that I will stay here at home, the Israeli army can come here at any time and detain me and take me to jail.”

The military has arrived in the night to arrest members of the family before – Ali has been detained eighteen times, although he claims that he has only resisted the occupation nonviolently by attending peaceful protests. “The detention of our children caused a medical condition for my wife,” said Ali – “She takes drugs for her nerves as she’s always worried and the doctor told her this is very serious. She’s on medication for anxiety and depression.”

The UN Convention on the Rights of the Child defines a “child” as “every human being below the age of eighteen years.” According to Israeli military order 132, Palestinian children aged 16 and older are tried and sentenced by Israeli military courts as adults. By comparison, juvenile legislation defines Israeli children as age 18 or younger. A Palestinian child’s sentence is decided on the basis of the child’s age at the time of sentencing, not when the alleged offence was committed.

According to Addameer, a prisoner support and human rights organisation, there were approximately 176 Palestinian children (under the age of 18) detained in Israeli prisons, as of September 2011 and around 700 Palestinian children from the occupied West Bank are prosecuted every year through Israeli military courts. Since 2000, more than 6,500 Palestinian children have been detained. The most common charge brought against children is for throwing stones – an offence which can incur a 20 year prison sentence.

Addameer reports that “the majority of children report being subjected to ill-treatment and having forced confessions extracted from them during interrogations. Forms of ill-treatment used by the Israeli soldiers during a child’s arrest and interrogation usually include slapping, beating, kicking and violent pushing. Palestinian children are also routinely verbally abused.”

With three of their four sons in prison, it seems that the family has been singled out and targeted by the Israeli authorities.

“All Palestinians are targeted, not just my family” said Ali. “But from the first Intifada I have been a member of a legal movement – I’m not doing anything illegal, I’m just demanding my people’s rights. I don’t do anything to hurt anyone, I just demonstrate.”

Amina says that she believes that the Israelis are doing this as “revenge.” ”My sons are innocent and they don’t do anything bad.” Ali added that he believes it to be “revenge against all Palestinians, but we are a special case as I was detained [so often] in the past. Also I have land near Karmei Tzur [an illegal Israeli settlement] and they are trying to take this land. They have made me many offers to buy the land and I refused so they hate me. I told them go to hell this is my land I will stay here, and I will die here.” Ali also shows us the protruding bone in his hand which was broken by the Israeli military a few months ago after he was detained during a peaceful protest in Beit Ummar.

Ali is trying to stay hopeful but he admits that it is difficult. “My son is only 16 years old, he is very ill, he needs medical treatment but they don’t care. My son is ill, I have a problem with my heart, my wife has a problem with her nerves, but I thank God that we are still alive.”




UPDATED 5 JAN 2012
Emily Lawrence | Electronic Intifada | Beit Ommar | 5 Jan 2012
The streets of Beit Ommar are lined with posters of Palestinian boys and men, martyrs and prisoners of the Israeli occupation. One house is plastered with more posters than the others: the house of the Awad family, whose two sons were, until recently, being held in Ofer prison on the charge of throwing stones.
Mohammad Awad, 16, and his brother Ahmad, 19, were released from Ofer prison near Ramallah in the second phase of the prisoner swap deal in December. For Mohammad Awad, it is a particular relief to be free — his time in prison had an almost fatal effect on his health.
Awad has Familial Mediterranean Fever (FMF), a rare genetic disease which causes severe abdominal pain and chest and joint inflammation. “Sometimes I feel like my stomach is about to explode,” he told The Electronic Intifada. During his time in prison his condition was largely ignored, and the prison doctors seemed unable to deal effectively with his health problems.
Awad was sentenced to six months in Ofer prison after throwing a stone during a demonstration against Israeli settlements, but was released a month early as part of the prisoner swap deal.
According to Israeli human rights organization B’Tselem, 835 minors were prosecuted for throwing stones between 2005 and 2010. The act of throwing stones is punished harshly under Israeli military law and usually results in a penalty of three components: imprisonment, a conditional prison sentence, and a fine.
Mohammad’s father, Ali, and other family members said that Awad was severely beaten by the Israeli soldiers who arrested him, and his health deteriorated further after being medically neglected during his time in prison.

Medical negligence


“They gave me five types of drugs and medicine,” Awad explained. “The prison doctor gave them to me. They weren’t drugs for my illness, they were just painkillers to ease the pain. Some children have cancer and all that they give them is painkillers. I felt that they neglected me, and I was ignored as a patient.”
According to the United Nations’ Standard Minimum Rules for the Treatment of Prisoners, “[t]he medical officer shall have the care of the physical and mental health of the prisoners and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially directed.” This international rule, however, was not applied to Awad.
Ahmad was in the same prison cell as his brother, and says the doctors were not attentive to Mohammad Awad’s needs. “Sometimes we would wake up and see him and he couldn’t talk, he couldn’t walk, he looked like he was dead,” Ahmad said.
“All the prisoners called for the officers, and asked them to save his life, give him some painkillers, anything. After many tries and many knocks on the door they came to take him to the doctor, and gave him some painkillers. That’s all they did.” Awad was eventually taken to Hadassah hospital in Jerusalem, where he was treated for his illness. “I believe if they had taken him to the hospital the first day he was ill, he wouldn’t get this worse condition,” said Awad’s father.
“He wouldn’t go [to hospital] unless he was dying. That’s the only reason they would send him. He was handcuffed and his legs were cuffed. He wasn’t taken as a patient, he was treated as a prisoner. They neglected him and ignored his condition, and that’s why he got so ill.”

Lack of proper care

The lack of proper medical care for Palestinian child prisoners in Israeli jails is a cause for concern for numerous human rights organizations. According to Addameer, a prisoner support and human rights group, medical negligence is a deliberate policy within the Israeli Prison Service (IPS).
“Part of the punishment is to ignore their medical needs,” said Mourad Jadallah, a former child prisoner who is now a legal researcher at Addameer. “The doctors don’t care. They just treat them as enemies. In Israeli prisons, they are not serious when they deal with health programs for Palestinian prisoners.”
“To date, approximately 51 Palestinian and Arab prisoners have died in Israeli prisons as a result of the IPS’s policy of deliberate medical negligence,” Addameer stated during 2011 (“Annual Report 2010,” Addameer [PDF]).
“Combined with harsh detention conditions that are conducive to different contagious, chronic and life-threatening diseases, the impact of this medical negligence can amount to physical and psychological torture.”

No sunlight


Ahmad and Mohammad Awad contend that the prison environment itself was detrimental to the health of the prisoners. “It’s not healthy at all,” Ahmad said. “There is no sun, we don’t see the sunlight. There is humidity and it is not clean, it’s very bad for patients, even for a normal person.”
According to their mother, Amina, the prison doctors had received Mohammed’s medical reports stating he has FMF. “We are assured that medical reports were received within the prison, but they neglected the reports and did not care about them, or about the medical condition of Mohammad,” she said.
“The problem with the detention of children is that treatment is always delayed,” said Amany Dayif of Physicians for Human Rights-Israel. “Doctors get the medical reports but don’t have the relevant medical reports in hand, and they don’t always know the accurate names of the illnesses.” The medical report issued upon Awad’s release, signed by Dr. Tsekhman of the Israel Prison Service, incorrectly states that he has thallasemia minor, a genetic blood disorder, rather than FMF.
One of the problems is that the standard for prison doctors is very low, therefore they are unable to provide a sufficient level of medical care. “The doctors in prison are not trained at all,” added Dayif. “They are not specialists of any kind. Sometimes they don’t even read English.
“If they weren’t employed by the prisons, they wouldn’t be employed by anyone else in Israel. They don’t know about many illnesses.”
Mohammad Awad’s family believes that he was misdiagnosed on purpose and given the wrong drugs deliberately as a form of punishment. “There was an Arab physician in prison with [Mohammad and Ahmad], and he saw the drugs. He advised them not to take them because they are very dangerous,” Awad’s father Ali said. “I accused the Israeli authorities that they were targeting him to make his health much worse.”
“It is possible that this is the case,” said Jadallah of Addameer. “Some of the doctors participate in the ill-treatment of prisoners.”
According to Physicians for Human Rights-Israel, however, the prison doctors are complicit in the ill-treatment of child prisoners through negligence rather than deliberate misdiagnosis. “I don’t believe they deliberately gave him the wrong medicine, they wouldn’t have the knowledge or the tools to do this,” said Dayif. “It’s more a case of neglect, which is a form of mistreatment, rather than deliberate mistreatment.”
“Doctors look aside when prisoners are being tortured or ill-treated,” Dayif explained. “They don’t hurt the prisoners, but they don’t report the ill-treatment. So they are part of it in some way.”
Mohammad and Ahmad Awad were also subjected to torture while in Ofer. Torture is defined by the UN as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as … punishing him for an act he or a third person has committed or is suspected of having committed.”

Torture as tool of occupation


The Awad brothers told The Electronic Intifada that they experienced and witnessed mistreatment — including sleep deprivation, vocal intimidation and taunts, beatings, being made to stand for long periods of time, as well as being attacked with dogs and tear gas. Addameer confirmed these are known practices within Israeli prisons.
“At Addameer, we believe that to arrest Palestinians is an Israeli tool of the occupation to destroy Palestinian society,” said Jadallah. “We don’t believe that arresting children is for the security of the area … but it’s a very good way for the Israelis to destroy Palestinian society, to destroy the Palestinian as a human being. The idea of prison is to turn Palestinians into passive people who accept the torture and accept the occupation.”
The maltreatment of Palestinian child prisoners becomes especially stark when contrasted with the treatment of Israelis, and particularly settlers, in the Israeli justice system. While Palestinians can be arrested by the army and are tried in military court, Israeli settlers from the same area are subject to civil law.
“There is no equality, no justice,” Nasri Sabarna, mayor of Beit Ommar, told The Electronic Intifada. “The settlers attack the houses, they attack the farmers in their fields. Sometimes they cut down the trees and burn the land. This is daily behavior … and they never get sent to jail.”
According to Addameer, every year approximately 700 Palestinian children under the age of 18 are prosecuted in the Israeli military courts after being arrested, detained and interrogated by the Israeli military.
According to the Palestinian Ministry for Detainee Affairs, more than 6,500 children have been arrested since 2000. The most common charge against these children is throwing stones, which is punishable in the military system by up to twenty years in prison.
The IPS, which is in charge of all prisons in Israel and the West Bank, claims to treat all prisoners with respect. The value statement on the IPS website claims that “IPS shall take all appropriate actions to protect the body and mind of every individual, guard, prisoner and citizen, out of recognition of their supreme importance.”
In reality, life for a child in prison tells a different story; one not of bodies and minds appropriately protected, but of bodies and minds deliberately neglected and mistreated.
Now back in Beit Ommar with his family, having regained his freedom, Mohammad Awad is starting to regain his health. “I feel so happy that all the family is together again,” he said.
“I feel like I am recovering and getting better. I feel much better now [that] I have seen the doctor.


Sunday, January 1, 2012

Ashraf Abu Rahmah

One year on I still remember Jawaher Abu Rahmah.
Ashrafs sister. He also lost his brother Bassem during one of the weekly demonstrations and we will NEVER forget !
Ashraf will have to face a series of court days in the beginning of january.
And he DON'T needs prayers, he needs YOUR ACTIONS !


I PROMISE YOU ONE THING: THEY WILL GET ASHRAF NOT WITHOUT A FIGHT !
ARE YOU WITH US ???
THEN STAND UP AND FIGHT !

http://www.facebook.com/FreeAshraf
http://www.popularstruggle.org/node/880

Take action for Ashraf Abu Rahmah !!!
just copy and pass the letter to the following adresses.

Your Excellency,

I am compelled to write to you to express my strong concerns regarding the case of Ashraf Abu Rahmah.
A Palestinian young man, who is once again in administrative detention in an Israeli prison.
I am writing to urge you to immediately suspend the administrative detention order of ASHRAF ABU RAHMAH.
Israeli soldiers detained Ashraf Abu Rahmah on Oct. 21 at a weekly protest in Bilin. The demonstrations are held to protest Israel’s construction of a separation wall through Bilin which confiscates villagers’ land, on which a Jewish-only settlement has been built.
Abu Rahmah is charged with participating in an unauthorized procession and throwing stones, based on testimonies by two soldiers who claimed to have seen him from 150 meters, the committee says.
An employee of the Israeli human rights group B’Tselem and a lawyer, both present at Friday’s protest, testified in court that Abu Rahmah did not throw any stone.
Israel’s Ofer military court indefinitely extended Abu Rahmah’s detention until the end of legal procedures, the committee said.
Bilin has been holding non-violent anti-wall demonstrations since 2005, and the village is known for its creative approach to protests.
Since his arrest in October 2011, no evidence has been brought forth against Abu Rahmah, because although Israeli administrative detention orders are the subject of review and further appeal by a military court, neither lawyers
nor detainees are permitted to see the “secret information” used as a basis for the detention orders.
This violates international human rights law, which permits some limited use of
administrative detention in emergency situations, but requires that the authorities follow basic rules for detention, including a fair hearing at which the detainee can challenge the reasons for his or her detention.
1 These minimum rules of due process have been clearly violated in Abu Rahmah’s case, leaving him without any legitimate means to defend himself.

1 International Covenant on Civil and Political Rights, Art. 9.
2 Fourth Geneva Convention, Art. 78.

In addition to contradicting international human rights and humanitarian law, Abu Rahmah’s administration detention also violates article 5 (the right to liberty and security) of the European Convention on Human Rights.
The European Parliament itself has already called on Israel “to guarantee that minimum standards on detention be respected, to bring to trial all detainees, to put an end to the use of ‘administrative detention orders’” in its resolution of 4 September 2008.
Furthermore, I would like to recall the EU and Israel’s obligations under article 2 of the EU-Israel Association Agreement, which calls for the EU-Israeli relationship to be guided by respect “for human rights and democratic principles”.
It is in this context that I call on you to act through the European Parliament to hold Israel accountable for its actions by demanding that Israel:

. Immediately and unconditionally release Ashraf Abu Rahmah;
. Immediately put an end to its practice of administrative detention and arbitrary arrests;

Please be assured that the international community is watching this case very closely.

Sincerely,




Please FAX to EU Court of Human Rights (which does not accept emails):
+ 33 (0)3 88 41 27 30
Please EMAIL to the below:

Secretary General Ban Ki-moon
United Nations
New York, NY 10017 USA
212-963-5012 fax: 212-963-7055 FAX !!!
Email: ecu@un.org

A directory of members of the European Parliament can be found here:
http://www.europarl.europa.eu/members/public
/geoSearch.do;jsessionid=45E7355AB5D96FFD0DA60BA4AE91E4F2.node2?language=EN

michael.spindelegger@bmeia.gv.at, kab.bz@diplobel.fed.be, info@mvp.gov.ba, iprd@mfa.government.bg, imprensa@itamaraty.gov.br, imprensa@planalto.gov.br, pm@pm.gc.ca, ministar@mvpei.hr, minforeign1@mfa.gov.cy, podatelna@mzv.cz, udenrigsministeren@um.dk, vminfo@vm.ee, umi@formin.fi, bernard.kouchner@diplomatie.gouv.fr, inform@mfa.gov.ge, guido.westerwelle@auswaertiges-amt.de, gpapandreou@parliament.gr, titkarsag.konz@kum.hu, external@utn.stjr.is, dcpf@mea.gov.in, minister@dfa.ie, gabinetto@cert.esteri.it, segreteria.frattini@esteri.it, mfa.cha@mfa.gov.lv, tonio.borg@gov.mt, secdep@mfa.md, post@mfa.no, DNZPC.Sekretariat@msz.gov.pl, pm@pm.gov.pt, msp@mfa.rs, ministry@mid.ru, miguel.moratinos@maec.es, beatriz.lorenzo@maec.es, registrator@foreign.ministry.se, info@eda.admin.ch, info@mfa.gov.tr, haguew@parliament.uk, stewartkb@state.gov,


Permanent Mission of Israel to the United Nations Office and Specialized Institutions in Geneva
Avenue de la Paix 1-3
1202 Geneva
Fax: +41 22 716 05 55,
Email: mission-israel@geneva.mfa.gov.il

Write to Israeli Embassies and Consulates in your own country. A directory of Israeli embassies can be found on the website of the Israeli Ministry of Foreign Affairs at the following link: http://www.mfa.gov.il/MFA/Sherut/IsraeliAbroad/Continents/

Zakaria Zubeidi

Zakarias revoked amnesty is equal to set him free for execution !!!
WE have to act here !

You can write letters, storm @mail accounts and troubles faxes
So move right on with that !!!

Your Excellency,
I am writing to urge you to immediately drop the revoked amnesty against Zakaria Zubeidi, Jenin and to grant him further without any compromises amnesty.
As is the case with so many others there are very serious, well-founded concerns that the revoked amnesty brought against Zakaria Zubeidi is politically motivated.
Zakaria Zubeidi, has been told by the Palestinian Authority that his amnesty is being revoked by the Israeli authorities.
This amnesty agreement, granted in 2007 by the Israeli Prime Minister’s office was in return for Zakarian Zubeidi’s ending of armed resistance.
The amnesty agreement allowed him to remain safe inside the Palestinian Authority district of Jenin where the Israeli military would not seek to arrest or assassinate him.
After having been the leader of the armed resistance during the second Intifada, Zakaria Zubeidi has since 2006 committed to cultural, non-violent resistance through theatre.
He founded The Jenin Freedom Theatre.
The Jenin Freedom Theatre is a cultural venue in Jenin Refugee Camp, that uses the arts as a form of resistance against occupation.
In addition to contradicting international human rights and humanitarian law Zakaria Zubeidi's revoked amnesty also violates article 5 (the right to liberty and security) of the European Convention on Human Rights.
Furthermore, I would like to recall the EU and Israel’s obligations under article 2 of the EU-Israel Association Agreement, which calls for the EU-Israeli relationship to be guided by respect “for human rights and democratic principles”.

It is in this context that I call on you to act through the European Parliament to hold Israel accountable for its actions by demanding that Israel:
pending the conclusion of the review--and the dismissal of all charges if the convictions are found to be in violation of the above-mentioned international legal norms (the observance of which the Israel is treaty-bound to observe.)
• Immediately put an end to its practice of arbitrary arrests and insults against The Jenin Freedom Theatre and its complete crew;

Please be assured that the international community is watching this case very closely.

Sincerely,


Please call these numbers asking for information and voicing your support for Zakaria
00 970 (0)59 777 88 87 Majd Faraj head of Palestinian intelligence'
00 970 (0)59 900 00 11 Abo Mohammad Shadeh head of the security of the Presidents office
00 970 (0)59 944 75 47 Dr Said Abo Ali, Minister of Interior
00 970 (0)59 930 38 50 Saeb Erekat Head of negotiations
00 970 (0)59 955 88 22 Ataeb Abdurahem, National Security
00 970 (0)59 920 54 79 Qadura Mussa, governor of Jenin

Please FAX to EU Court of Human Rights (which does not accept emails):
+ 33 (0)3 88 41 27 30
Please EMAIL to the below:

Secretary General Ban Ki-moon
United Nations
New York, NY 10017 USA
212-963-5012 fax: 212-963-7055 FAX !!!
Email: ecu@un.org

A directory of members of the European Parliament can be found here:
http://www.europarl.europa.eu/members/public
/geoSearch.do;jsessionid=45E7355AB5D96FFD0DA60BA4AE91E4F2.node2?language=EN

michael.spindelegger@bmeia.gv.at, kab.bz@diplobel.fed.be, info@mvp.gov.ba, iprd@mfa.government.bg, imprensa@itamaraty.gov.br, imprensa@planalto.gov.br, pm@pm.gc.ca, ministar@mvpei.hr, minforeign1@mfa.gov.cy, podatelna@mzv.cz, udenrigsministeren@um.dk, vminfo@vm.ee, umi@formin.fi, bernard.kouchner@diplomatie.gouv.fr, inform@mfa.gov.ge, guido.westerwelle@auswaertiges-amt.de, gpapandreou@parliament.gr, titkarsag.konz@kum.hu, external@utn.stjr.is, dcpf@mea.gov.in, minister@dfa.ie, gabinetto@cert.esteri.it, segreteria.frattini@esteri.it, mfa.cha@mfa.gov.lv, tonio.borg@gov.mt, secdep@mfa.md, post@mfa.no, DNZPC.Sekretariat@msz.gov.pl, pm@pm.gov.pt, msp@mfa.rs, ministry@mid.ru, miguel.moratinos@maec.es, beatriz.lorenzo@maec.es, registrator@foreign.ministry.se, info@eda.admin.ch, info@mfa.gov.tr, haguew@parliament.uk, stewartkb@state.gov,


Permanent Mission of Israel to the United Nations Office and Specialized Institutions in Geneva
Avenue de la Paix 1-3
1202 Geneva
Fax: +41 22 716 05 55,
Email: mission-israel@geneva.mfa.gov.il

Write to Israeli Embassies and Consulates in your own country. A directory of Israeli embassies can be found on the website of the Israeli Ministry of Foreign Affairs at the following link: http://www.mfa.gov.il/MFA/Sherut/IsraeliAbroad


Menachem Mazuz
Attorney General
Fax: + 972 2 627 4481; + 972 2 628 5438; +972 2 530 3367
Brigadier General Avihai Mandelblit

Military Judge Advocate General
6 David Elazar Street
Hakirya, Tel Aviv, Israel
Fax: +972 3 608 0366, +972 3 569 4526
Email: arbel@mail.idf.il, avimn@.idf.gov.il

Mr. Benjamin Netanyahu Prime Minister Office of the Prime Minister 3, Kaplan Street, PO Box 187 Kiryat Ben-Gurion, Jerusalem, Israel Fax: +972- 2-651 2631 Email: pm_eng@pmo.gov.il

Thursday, December 29, 2011

Torture, Inhuman or Degrading Treatment.

One year and nine months ago...and I will NEVER forget Omars eyes, I hope that our love can heal...
This article is about Geneve and nobody who cares about and against torture.
Torture, Inhuman or Degrading Treatment.


Introduction

...
Torture is a serious violation of human rights and is strictly prohibited by international law. As the use of torture strikes at the very heart of civil and political freedoms, it was one of the first issues dealt with by the United Nations (UN) in its development of human rights standards. One of its earliest measures was to abolitish corporal punishment in colonial territories in 1949. International law prohibits torture and other forms of inhuman and degrading treatment, which cannot be accepted under any circumstances.

Despite being stringently outlawed, torture continues to be practiced in a majority of countries round the world. A 2001 report by Amnesty International highlighted the use of torture by 140 states between 1997 and 2001, and found that every year thousands of perpetrators beat, rape and electrocute other human beings.

What is torture?

In the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment torture is defined as



"any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiesance of a public official or other person acting in an official capacity". (Article 1)

Definitions of torture vary slightly between different international treaties but generally cover any act which:
- causes severe pain or suffering;
- is intentionally inflicted on a person;
- is done to obtain informatikon or a confession, punishment for an act he or a third person has committed or is suspected of having committed, or to intimidate or coerce him or a third person, or for any reason based on discrimination of any kind; and
- is done at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity.

The term "torture" encompasses a variety of methods including severe beatings, electric shock, sexual abuse and rape, prolonged solitary confinement, hard labour, near drowning, near suffocation, mutilation, and hanging for prolonged periods.

Although there is no exhaustive list of prohibited acts, international law has made it clear that torture is "cruel, inhuman, or degrading treatment." In addition to the types of severe pain and suffering mentioned above, torture thus also includes being forced to stand spread eagled against the wall for hours; being subjected to bright lights or blindfolding; being subjected to continuous loud noise; being deprived of sleep, food or drink; being subjected to forced constant standing or crouching; or violent shaking.

Moreover, torture is not limited to acts causing physical pain or injury. It includes acts that cause mental suffering, such as through threats against family or loved ones.

And, regarding human scientific experimentation conducted by governments without the knowledgeable consent of victims, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment does not contain this provision, although the earlier prohibition against torture in article 7 of the International Covenant on Civil and Political Rights stipulates that "no one shall be subject without his free consent to medical or scientific experimentation." The human experiments conducted by the Nazis during World War II would fall under this category.

Whether the definition of torture encompasses judicial corporal punishment (e.g. amputation, branding and various forms of flogging, including whipping and caning) or the death penalty, is a contested issue. Article 1 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, often refered to as the UN Convention against Torture, excludes "pain or suffering arising only from, inherent in or incidental to lawful sanctions". Some states have used this provision to argue that legally authorized criminal penalties resulting in physical harm do not constitute torture. Moreover, they claim that this wording by its very existence legitimizes the use of the death penalty or corporal punishment. Opponents disagree saying these provisions are without prejudice to other international treaties which safeguard the right to life and the security of a person. In fact, in some cases, international and regional institutions have found that certain forms of corporal punishment do amount to torture or inhuman and degrading treatment.

Rights at Stake

International and regional human rights law protect a number of key rights relating to torture and inhuman or degrading treatment. This includes:

(a) Right to be protected from torture

Liability of the state for torture committed by agents of the state (e.g. police officers, soldiers, prison guards etc.) is clear under international law. Some argue that the state is also responsible for torture carried out by private individuals ("non-state actors") in the form of racist attacks or domestic violence, for example, if it does not do enough to prevent such abuses.

Every state is required to take effective legislative, administrative, judicial, or other measures to prevent acts of torture in its territory. Acts of torture must be offences under criminal law. There is no justification to the use of torture in exceptional situations, e.g. during a state of war, internal political instability, or any other public emergency. Following an order from superior authorities also does not justify torture (UN Convention against Torture, articles 2 and 4).

(b) Duty to prosecute torturers

All governments are responsible for the prosecuting offenders under the international criminal prosecution system that applies to torture. The principle of universal jurisdiction obliges all countries where alleged offenders are found to either extradite those who torture for prosecution by the government that is more directly affected (e.i., the country where the offences were committed, or the country of citizenship of the victims or the abusers), or to initiate prosecution themselves. (See UN Convention against Torture, articles 5, 6, 8).

Unfortunately, successful prosecutions for torture are rare. In some cases this is due to lack of political will and the absence of media and public scrutiny. Governments have been criticized for subjugating the obligation to prosecute to political interests.

In addition, there are often legal obstacles:
- True universal jurisdiction and enforcement may prove problematic as countries incorporate international law into domestic law in different ways, resulting in varying definitions and penalties. (Torture may not be a specific crime in national law or it may be defined too narrowly.)
- Other laws may facilitate the commission of torture, such as incommunicado detention (detention without access to lawyers, doctors, relatives or friends) or laws that allow confessions to be extracted under torture, which are then used as evidence in trials to gain convictions.
- National amnesty laws may shield perpetrators.
- It may be difficult to find evidence. Torturers may hide their identities or choose methods that leave few physical traces. Evidence may be tampered with or destroyed. False reports may be filed. There may be a code of silence preventing people speaking up against colleagues. Or witnesses may be intimidated and threatened with physical or legal retaliation.
- Systems of investigation, prosecution and conviction may be flawed, inefficient or corrupt.

(c) Right not to be expelled, returned or extradited to another state where one may face danger

"No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture". (UN Convention against Torture, article 3)

This article creates an unconditional right of a person not to be expelled, returned or deported to another country where torture is a likely result. Return is prohibited under all circumstances on an unconditional basis, providing there are substantial grounds for believing there would be a danger of torture. This would be determined by taking all relevant considerations into account including whether there is a "consistent pattern of gross, flagrant or mass violations of human rights".

This creates a stronger provision against refoulement than other instruments, e.g., the 1951 Convention Relating to the Status of Refugees, whereby prevention of refoulement is conditional on establishing persecution on the basis of race, religion, nationality, political opinion or membership of a particular social group. Past actions, e.g. involvement in criminal activity may, be a basis for disqualification under the Refugee Convention, but are not a ground for exclusion under the UN Convention against Torture.

(d) Right of victims to obtain redress, fair compensation, including rehabilitation and the right of victims to make a complaint, to have it impartially investigated, and to be protected from retaliation for making complaints

There are five types of reparation: financial compensation, medical care and rehabilitation, restitution (seeking to restore the victim to his or her previous situation), guarantees of non-repetition, and forms of satisfaction such as restoration of their dignity and reputation and a public acknowledgment of the harm they have suffered (see UN Convention against Torture, article 13, 14).


Key assistance agencies

United Nations Voluntary Fund for Victims of Torture

The United Nations Voluntary Fund for Victims of Torture provides humanitarian, legal and financial aid to victims of torture and their families. The fund depends entirely on voluntary contributions and is administered by the UN Secretary-General with the assistance of a Board of Trustees, which is composed of a chairman and four members with wide experience in the field of human rights. Most funds are spent on finance and rehabilitation with the remainder on training projects to fund medical specialists.

Many other international and national organizations are involved in combating torture and in providing assistance to victims. Links to some such organizations can be found in the Other Resources section below

International and Regional Instruments for Protection and Promotion

International legal instruments take the form of a treaty (also called agreement, convention, or protocol) that binds the contracting states to the negotiated terms. When negotiations are completed, the text of a treaty is established as authentic and definitive and is "signed" by the representatives of states. A state can agree to be bound to a treaty in various ways. The most common are ratification or accession. A new treaty is ratified by those states that have negotiated the instrument. A state that has not participated in the negotiations may, at a later stage, accede to the treaty. The treaty enters into force, or becomes valid, when a pre-determined number of states have ratified or acceded to the treaty.

When a state ratifies or accedes to a treaty, that state may make reservations to one or more articles of the treaty, unless reservations are prohibited by the treaty. Reservations may normally be withdrawn at any time. In some countries, international treaties take precedence over national law; in others a specific law may be required to give a ratified international treaty the force of a national law. Practically all states that have ratified or acceded to an international treaty must issue decrees, change existing laws, or introduce new legislation in order for the treaty to be fully effective on the national territory.

The binding treaties can be used to force governments to respect the treaty provisions that are relevant to the prevention of torture and inhuman or degrading treatment. The non-binding instruments, such as declarations and resolutions, can be used in relevant situations to embarrass governments by negative public exposure; governments who care about their international image may consequently adapt their policies.

The following are the international treaties, declarations and commitments that determine standards for the human right to be be protected from torture and cruel, inhuman or degrading treatment:


UNITED NATIONS

Universal Declaration of Human Rights (1948) (article 5)
This fundamental UN human rights document asserts that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

Several provisions of the Universal Declaration of Human Rights have become part of customary international law, which means that they are binding on all states, regardless of whether the state is a party to the specific universal or regional instrument. Torture is consequently prohibited by international customary law whether it is committed on a widespread and systematic basis and, therefore, a crime against humanity, or committed against a single victim. The prohibition of torture is also an obligation for the entire international community, which all states have a right to enforce through the exercise of universal jurisdiction over suspects found in their territory.

International Covenant on Civil and Political Rights (1966) (article 7)
This treaty, also known as ICCPR, was adopted by the General Assembly in December 1966 and entered into force in 1976. It elaborates the principles laid out in the UDHR. Torture is prohibited under article 7, which states "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation." This provision cannot be suspended or limited even in times of emergency.

Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1975)
This declaration was adopted by the General Assembly in December 1975. It contains 12 articles and a definition of torture.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
This is the principal UN treaty concerned with torture. It was adopted by UN General Assembly and came into force in June 1987. It comprises 33 articles covering the rights at stake and the enforcement mechanisms.

The treaty created a Committee Against Torture under article 17. The Committee is composed of ten experts elected for a four-year term. The Committee reviews periodic reports by state parties to the Convention. It is able to invite UN agencies, regional and non-governmental bodies, to submit information.

Under article 20, the Committee also has the power to initiate state visits providing the consent of the state concerned is obtained. All proceedings are confidential and all actions carried out in cooperation with the state concerned. The treaty allows for individual complaints to the Committee under article 22, on the condition that all domestic remedies have been exhausted. This represented an important development in international law at the time as it enabled an individual to file a complaint to an international body about his/her own government. However, the application of this provision is subject to a government making a declaration that it accepts this article. To date, a minority of states have made such a declaration, meaning that most people do not have access to this procedure.

Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (2002)
Under article 2, the Optional Protocol sets up an expert body, a Sub-Committee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee Against Torture, to carry out inspection visits to places of detention and to submit confidential reports to the relevant authorities on how to prevent torture and ill-treatment. The Protocol also requires states to establish national bodies to make similar visits to places of detention.

Special Rapporteur on Torture
The Special Rapporteur on Torture collects information on legislative and administrative measures taken by governments, responds to concerned raised through an urgent action procedure, carries out consultations and country visits, and reports back to the UN Human Rights Council. Unlike the Committee Against Torture, the mandate extends to all Member and Observer States of the UN and not only those that are parties to the Convention against Torture.

The Special Rapporteur receives communications on violations from organizations and individuals. The Special Rapporteur is able to issue an urgent appeal to prevent imminent violations. Specific allegations are taken up by the Special Rapporteur directly with the government in question. Problems have been reported with the follow-up and some governments have failed to respond to issues taken up by the Special Rapporteur. Wider issues such as persistent reports of impunity or infringements of international human rights law by national legislation are contained in reports of the Special Rapporteur. The Special Rapporteur also carries out country visits for the purpose of obtaining first-hand information.

Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1982)
These principles, adopted by the General Assembly in December 1982, oblige medical personnel to protect the physical and mental health of detainees and secondly, prohibits their active or passive engagement in acts of torture or inhuman or degrading treatment or punishment.

A number of UN treaties concerned with the rights of specific groups expressly or implicitly prohibit torture and other forms of inhuman and degrading treatment. Such concerns have therefore been raised with the bodies overseeing the implementation of these treaties:

Convention on the Rights of the Child (1989) (article 37)
Article 37 of the UN Convention on the Rights of the Child determines that "no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment" and violations have been registered with the UN Committee on the Rights of the Child.

In addition to children, women are particularly vulnerable to forms of sexual torture including rape, and other forms of sexual violence. Complaints have been lodged with the Committee on the Elimination of Discrimination Against Women as breaches of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). A Declaration on the Elimination of Violence Against Women, passed by the General Assembly in December 1993, explicitly makes reference to the right of women not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (article 3h).

Torture may also be used in a discriminatory fashion and target specific racial groups. In such circumstances it violates the International Convention on the Elimination of All Forms of Racial Discrimination and can be raised with the Committee on the Elimination of Racial Discrimination, which oversees the implementation of the convention.

The issue of torture is often interwoven with other human rights issues such as detention, arbitrary arrest and enforced disappearances. The occurrence of such human rights violations may make torture more likely. Treaties concerned with these issues are therefore also of relevance when considering torture and inhuman and degrading treatment.

A number of specific codes have been developed on such issues to supplement the general provisions of international human rights law. The Standard Minimum Rules for the Treatment of Prisoners were adopted by the first UN Congress on the Prevention of Crime and Treatment of Offenders in 1955. They set out general principles but do not go into detail. Rule 31 specifically determines that corporal punishment, punishment by placing in a dark cell and all cruel, inhuman or degrading punishment is absolutely prohibited. A Code of Conduct for Law Enforcement Officials was adopted by the General Assembly in December 1979, which prohibits torture. A Declaration on the Protection of All Persons from Enforced Disappearances was adopted by the General Assembly in December 1992. It recalls other UN treaties and reiterates, in article 1, the right to be protected from torture.

Rome Statute of the International Criminal Court (1998) (article 7, 8)
The Rome Statute specifically prohibits torture under various provisions, giving the International Criminal Court jurisdiction in such cases. If torture, defined as "intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions" (article 7e) is "committed as part of a widespread or systematic attack directed against any civilian population", it constitutes a "crime against humanity" (article 7). "Torture or inhuman treatment, including biological experiments" (article 8.2.a.ii) constitute "war crimes" (article 8).


International humanitarian law

The right to freedom from torture is absolute and includes times of war, as prohibited by the 1949 Geneva Conventions. There is a duty to protect the life, health and safety of civilians and other non-combatants, including soldiers who are captured or who have laid down their arms. Torture of such protected persons is absolutely forbidden. Common Article 3 to the Geneva Conventions, for example, bans "violence of life and person, in particular murder of all kinds, mutilation, cruel treatment and torture" as well as "outrages upon personal dignity, in particular humiliating and degrading treatment."

Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949) (article 31)
The use of force to obtain information is specifically prohibited in article 31 of the Fourth Geneva Convention, which states that "no physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties."

Geneva Convention relative to the Treatment of Prisoners of War (1949) (article 12, 14, 17, 130)
Provisions in the Third Geneva Convention say that prisoners of war "are entitled in all circumstances to respect for their persons and their honour" (article 14) and "must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity" (article 13). Article 17 stipulates that "no physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind." Torture or inhuman treatment of prisoners of war is a grave breach of the Convention (article 130).

Some elements of international humanitarian law have also become part of customary international law. This means that all detainees in wartime are protected by certain minimum safeguards irrespective of their legal status.

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (1977) (article 75)
Article 75 ("Fundamental Guarantees") of the First Additional Protocol to the Geneva Conventions, which is recognized as restating customary international law, provides that "torture of all kinds, whether physical or mental" against "persons who are in the power of a Party to the conflict and who do not benefit from more favourable treatment under the [Geneva] Conventions," shall "remain prohibited at any time and in any place whatsoever, whether committed by civilian or military agents." "Cruel treatment and torture" of detainees is also prohibited under common article 3 to the 1949 Geneva Conventions, which is considered indicative of customary international law.




ORGANIZATION OF AMERICAN STATES (OAS)

American Convention on Human Rights (1978) (article 5)
The American Convention stipulates that "no one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person" (article 5.2).

Inter-American Convention to Prevent and Punish Torture (1985)
This treaty entered into force in February 1987. It elaborates the obligations of states regarding torture and details provisions similar to those contained in UN Convention against Torture.

National Assistance, Protection and Service Agencies

States that are parties to international treaties are required to implement these at the national level. Many states have failed to implement the international human rights treaties concerning the prevention of torture which they have ratified.

Articles from the UN Convention Against Torture that states have failed to implement include :
- article 4, which ensures that acts of torture are offences under criminal law;
- article 14, which ensures redress and fair and adequate compensation specifically for victims of torture;
- article 10, which ensures appropriate education regarding the prohibition of torture for law enforcement personnel, medical personnel and other persons involved in the detention of a person;
- article 2.1, which requires each state party to take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. Although this provision is very general, the UN has drawn up a detailed list of measures which should be implemented e.g. a detainee's right to consult a lawyer, the right to be informed of one's rights in a language one understands, the existence of a log-book in each police station which records every action that takes place during custody, the existence of a code of conduct for the police during interrogation, and the existence of formal or informal control mechanisms such as independent complaint bodies and visits of detention.

NGOs play a critical role in monitoring how well their governments are complying with these provisions. Advocacy and lobbying by national and international NGOs working in consort can serve to pressure governments into full compliance.

The regional mechanisms under the Council of Europe provide for particularly strong tool for enforcement. Monitoring of implementation and reporting on violations by NGOs and lawyers remains essential however in making protection from torture a reality.

Lessons learned in the prevention of torture at national level suggest a variety of steps:

* Increase regulation and monitoring of police conduct. This includes:
- Obligating police officers to inform criminal suspects of their rights in detention, e.g., the right to remain silent, right to the presence of an attorney at the interrogation. Failure to give these warning resulting in an exclusion of any confession obtained from the suspect.
- Encouraging police officials to videotape interrogations etc. to demonstrate that their compliance with standards.
- Reducing periods of incommunicado detention and detention by police.
- Making sure a lawyer is present during interrogation as well as a female official for female detainees, and parents or independent representative when a juvenile is being interrogated.

* Increase safeguards during detention.
- Ensure prisoner's right to have a right to telephone an attorney, to correspond with the media, family or others, and to have visits.
- Guarantee a prisoner's right to adequate, effective and meaningful access to the courts;
- Ensure access to prisoners by official bodies (ombudsman, procurator for human rights, etc.) and non-governmental monitoring bodies.

* Use civil rights litigation. A person who suffers torture or other forms of ill-treatment by any governmental official may sue for compensatory damages and punitive damages. In some jurisdictions, it is even possible for victims to sue their torturers for acts committed in other countries e.g. US Alien Tort Statute.

* Use criminal prosecution against torturers. In reality it can be difficult to bring cases against government officials. An unofficial code of silence among colleagues can make it difficult to adduce evidence to bring successful actions.

* Ensure that high-level government authorities condemn torture. This will send a clear message about the unacceptability of torture. Such statements should be accompanied campaigns to raise public awareness about torture.

* Coordinate sharing of information. Governments and NGOs could:
- Establish an international data bank of known torturers.
- Conduct campaigns when known torturers are sent on diplomatic or study missions, so that they will not be admitted into the country to which they have been sent.