A/HRC/31/73
expressed concerns about the use by Israel of the military court system to try Palestinians.
The facts revolved around a peaceful protest in May 2012 in front of the Israeli “Ofer”
prison, in the occupied West Bank. Abdallah abu Rahma was arrested after having stood in
front of bulldozers in an attempt to prevent Israeli security forces from setting up
roadblocks. However, he was only charged months later, following his peaceful
involvement in the Bab al-Shams protest camp against planned settlements in the West
Bank in January 2013. In October 2014, he was convicted for “disturbing a soldier on
duty”. In its response of 10 March 2015,61 the Israeli authorities stated that the judicial
process leading to Mr. Abu Rahma’s conviction complied with human rights standards,
including the right to fair trial and due process guarantees. They did not address the
allegation that charges against him were only brought following his participation in another
peaceful process and did not indicate what measures had been taken to ensure that
Palestinian human rights defenders can operate in an enabling environment and carry out
their legitimate work without fear of prosecution and criminalization. In November 2015,
Amnesty International reported that in rejecting Mr. Abu Rahma’s appeal against his four
months’ suspended prison sentence and fine, the military judge allegedly stated “that the
appellant’s enthusiasm should be ‘cooled down’ in the coming years”.62
56.
In a joint communication with the Special Rapporteur on the situation of human
rights defenders dated 22 October 2015, concerns were raised on measures taken against
Daoud al-Ghoul, a human rights defender, who worked for a Palestinian health and
development non-governmental organization in East Jerusalem (see A/HRC/31/79, case
No. ISR 7/2015). In November 2014, Israeli authorities allegedly banned him from
Jerusalem, with no reasons or charges initially presented. Soon after relocating to the West
Bank, he was also banned from there and had to move to Haifa, Israel. These sanctions
imposed by Israeli military order were reportedly based on secret evidence, rendering it
impossible to for him to defend himself, and were not subject to judicial review. Israeli
authorities later claimed that he participated in the political party Popular Front for the
Liberation of Palestine, which Israel has prohibited. Mr. Al-Ghoul was reportedly also
made subject to a foreign travel ban. He was arrested in June 2015 and charged with
“membership of an illegal association”. The indictment against him listed activities
including leading tours of Israeli settlements and participating in training courses. The
Special Rapporteur regrets that no response has been received to the communication from
the Government of Israel.
57.
Excessive use of force by Israeli security forces is a continuing concern and is
heightened during periods of increased tensions. The Special Rapporteur has previously
reported (see A/HRC/28/78, para. 47) on the joint communication (case No. ISR 8/2014),
with the Special Rapporteurs on the promotion and protection of the right to freedom of
opinion and expression; on the rights to freedom of peaceful assembly and of association;
on the situation of human rights defenders; and on extrajudicial, summary or arbitrary
executions, and reflected the response of Israel of 12 November 2014.63 The
communication, dated 21 August 2014, concerned alleged excessive use of force in the case
of the killings of three peaceful demonstrators in the West Bank by live ammunition fired
by Israeli security forces.
58.
In a joint communication with the Special Rapporteur on extrajudicial, summary or
arbitrary executions dated 22 October 2015, the Special Rapporteur raised concerns in the
61
62
63
See https://spdb.ohchr.org/hrdb/29th/Israel_10.03.15_(11.2014).pdf.
Amnesty International, Urgent Action, “Military Court Rejects Activist’s Appeal”, 19 November
2015.
See https://spdb.ohchr.org/hrdb/28th/Israel_12.11.14_(8.2014).pdf.
17
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