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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