NO EXPLICIT RIGHT FOR THE CLAIMANT TO TESTIFY, PRODUCE WITNESSES, OR APPEAL THE DECISION

The proposed legislation states that the committee will determine the procedures of its work and hearings, to the extent that they have not been determined in this law or in related regulations (Article 4.D). The law is silent on the question of whether claimants have a right to testify in person before the committee, produce witnesses, or appeal the committee's decision. It does make clear that if the committee appoints an expert witness on its behalf in order to clarify a matter on which a ruling depends, the claimant will then require the committee's approval to present another expert witness on the same subject (Article 7.A).

The rights to testify in person, call witnesses, and appeal a decision, which Palestinians enjoy when they file suits before Israeli civil courts, are essential to obtaining a fair hearing of their claim and thus to having an "effectiveremedy," as provided by Article 2(3) of the International Covenant on Civil and Political Rights. Furthermore, the claimant cannot receive compensation unless he or she signs a statement that he or she "does not and will not have any other claim against the State or against one who acted on its behalf for this act" (Article 9).

***

Human Rights Watch believes that the very essence of the draft Law Concerning Handling of Suits Arising from Security Force Activities is to deprive victims of human rights abuses their right to seek fair compensation. Even if its more egregious provisions are dropped or revised, this draft cannot serve as the basis for sound law. We urge the government to abandon this proposed law; failing that, we urge Knesset members to defeat it.

Interested parties should convey their concerns about the draft law to:

Prime Minister Binyamin Netanyahu

3 Kaplan St., HaKirya

Jerusalem 91919, Israel

fax 972.2.566.4838

Minister of Justice Tsachi Hanegbi

Ministry of Justice

POB 1087

29 Salah al-Din Street

Jerusalem 91010

fax 972.2.670.8722

Joshua Schoffman

Deputy Attorney General (Legislation)

Ministry of Justice

POB 1087

29 Salah al-Din Street

Jerusalem 91010, Israel

fax 972.2.586.9473

MK Shaul Yahalom

Chair, Law, Constitution and Justice Committee

The Knesset

Jerusalem, Israel

And the Israeli Ambassador in your country, e.g.:

Ambassador Eliahu Ben Elissar

Embassy of Israel

3514 International Drive, N.W.

Washington, D.C. 20008

fax (202)364-5560

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Human Rights Watch/Middle East

Human Rights Watch is dedicated to protecting the human rights of people around the world.

We stand with victims and activists to bring offenders to justice, to prevent discrimination, to uphold political freedom and to protect people from inhumane conduct in wartime.

We investigate and expose human rights violations and hold abusers accountable.

We challenge governments and those holding power to end abusive practices and respect international human rights law.

We enlist the public and the international community to support the cause of human rights for all.

The staff includes Kenneth Roth, executive director; Michele Alexander, development director; Cynthia Brown, program director; Barbara Guglielmo, finance and administration director; Robert Kimzey, publications director; Jeri Laber, special advisor; Lotte Leicht, Brussels office director; Susan Osnos, communications director; Jemera Rone, counsel; Wilder Tayler, general counsel; and Joanna Weschler, United Nations representative. Robert L. Bernstein is the chair of the board and Adrian W. DeWind is vice chair.

Its Middle East division was established in 1989 to monitor and promote the observance of internationally recognized human rights in the Middle East and North Africa. Eric Goldstein is the acting executive director; Joe Stork is the advocacy director; Virginia N. Sherry is associate director; Clarissa Bencomo, Elahé Sharifpour-Hicks, and Nejla Sammakia are research associates; Gamal Abouali is the Orville Schell fellow; Georgina Copty and Awali Samara are associates. Gary Sick is the chair of the advisory committee and Lisa Anderson and Bruce Rabb are vice chairs.

Web Site Address: http://www.hrw.org

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