Appendix

March 5, 2009

Prime Minister Ismail Haniya Jerusalem Street, Tal al-Hawa Gaza

VIA FACSIMILE: + 970 8282 2159, + 970 8284 5040, + 970 8286 8971

Dear Prime Minister Haniya,

Over the weeks since Israel launched large-scale military operations in Gaza on December 27, Human Rights Watch has issued a number of statements regarding violations of international humanitarian law during the conflict. Our most recent intervention, of March 1, called on the United States, the European Union, and other donors meeting in Sharm al-Sheikh to call upon Israel to open its crossings with Gaza to all humanitarian aid as well as to ordinary imports and exports. That statement can be found at http://www.hrw.org/en/news/2009/02/28/israelgaza-donors-should-press-israel-end-blockade

Human Rights Watch is currently preparing a report on recent human rights violations apparently carried out by forces affiliated with Hamas.  We would very much appreciate if your office provided us some information.  We are committed to representing the material in a complete and impartial way.  Your answers will help ensure that we are able to do so.

Our deadline for finalizing this report is approaching.  If you can provide answers to these questions by March 13 we will seek to reflect them in our report.  Thank you for your time and assistance, and we look forward to engaging with your further on matters of mutual concern.

Sincerely,

Joe Stork Deputy Director Middle East and North Africa division

Questions for the Government of Ismail Haniya

1. Has your government conducted any investigations into allegations that persons affiliated with Hamas security forces were responsible for extrajudicial executions during the recent fighting, including persons suspected of collaboration with Israel who had been held in the Gaza Central Prison but escaped when Israeli warplanes bombed that facility on December 28, 2008? If so, could you inform us which killings have been investigated and the results of those investigations? 

1. Has your government conducted any investigations into shootings by masked gunmen that killed or wounded persons during or after the Israeli military offensive? Has the government investigated any of the numerous incidents of shootings apparently intended to maim, such as shootings at the legs of persons who are or are suspected of being supporters of Fatah? If so, could you inform us which shooting incidents have been investigated and the results of those investigations?

1. Human Rights Watch has information concerning the deaths of Zaher Ahmad al-Za’anin (40), Jamil Shakura (51), Nihad Sa’adi al Dabbaka (47), Ata Yusif Abd al-Wahhab al-Bur’I, all of whom died apparently as the result of torture following their apprehension or abduction by persons claiming to work for Internal Security or other Hamas security forces. Has your government investigated the circumstances surrounding any of these deaths? If so, could you provide information about the results of the investigations? Have the authorities taken into custody anyone suspected of responsibility for any of these deaths?

1. Has anyone from the Internal Security Force been held accountable for violating any of the provisions in the Prime Minister’s Order No. 128/2007, which directed the security organs to respect human rights?  If so, could you please inform us of the names of the individuals and the current status of those investigations, or prosecutions, or of any disciplinary measures taken? 

1. With the destruction of Gaza’s prison facilities and most police stations, where are security forces holding those apprehended for, charged with or convicted of a crime?

March 13, 2009

Prime Minister Ismail Haniya Jerusalem Street, Tal al-Hawa Gaza

VIA FACSIMILE: + 970 8282 2159, + 970 8284 5040, + 970 8286 8971

Dear Prime Minister Haniya,

We wrote to your office on March 5 to request information for a report Human Rights Watch is preparing on recent human rights violations apparently carried out by forces affiliated with Hamas. 

Because of the deadline for our report, we had asked for your reply by today, March 13.  Our report has been finalized and is now being translated. 

However, we will still be able to reflect your responses to our questions if we receive them by March 17. Your answers will help ensure that we are able to represent the material in a complete and impartial way. 

Thank you once again for your assistance.

Sincerely,

Joe Stork Deputy Director Middle East and North Africa division