I am writing to you on the occasion of your meeting with Palestinian President Mahmoud Abbas to urge you to promote respect for human rights and the rule of law in areas under Palestinian Authority control and in any U.S. efforts toward a resolution of the Israeli-Palestinian conflict.
Dear President Bush,
I am writing to you on the occasion of your meeting with Palestinian President Mahmoud Abbas to urge you to promote respect for human rights and the rule of law in areas under Palestinian Authority control and in any U.S. efforts toward a resolution of the Israeli-Palestinian conflict.
Human Rights Watch welcomes the significant efforts of President Abbas in consolidating security services, negotiating understandings with armed groups in the Occupied Palestinian Territories (OPT) that have reduced the number of attacks against Israeli civilians, and holding successful democratic presidential and local elections. However, Human Rights Watch has serious concerns regarding ongoing human rights abuses in the OPT, including violence against women, use of torture in interrogations and the continued presence of prisoners on death row, especially given the lack of due process in their trials. We urge you to raise these matters with President Abbas and call for immediate action on the part of the Palestinian Authority.
1) “Honor” killings
During the past month, several high-profile “honor” killings have highlighted the pervasive nature of violence against women in the OPT. On May 2, Faten Habash, a twenty-three-year-old from Ramallah, was killed by her father due to her alleged involvement with a young man of whom the family did not approve. Around the same time, two Palestinian sisters from Jerusalem were strangled to death in a suspected “honor” killing and a third sister was seriously injured. According to official Palestinian statistics, there were thirty-three recorded cases of “honor” killings in the OPT in 2004, but most analysts believe that these crimes are largely under-reported and the actual number may be significantly higher. While “honor” killings are classified as murder under Palestinian law, perpetrators can claim “reasons of honor” to justify their acts and receive drastically reduced sentences. Regrettably, a draft penal law before the Palestinian Legislative Council contains no significant changes in the provisions of this law.
The failure of Palestinian law enforcement officials and judges to provide adequate protection for victims and punishment for perpetrators, fosters an atmosphere of insecurity and impunity for abuses against women residing in the OPT. We urge you to call on the Palestinian Authority to protect the lives and physical integrity of women and girls by: amending penal code provisions that condone mitigating punishment for “honor” killings; eliminating discrimination in the prevention, investigation and prosecution of these crimes; and providing adequate and accessible shelters for victims of domestic violence, including women who have been victims of “honor” crimes or who are at risk of such violence.
2) Use of Torture in Interrogations
During the 1990s there were numerous credible reports of widespread torture by all branches of the Palestinian security services in Palestinian detention centers and jails, as well as the deaths of a number of Palestinians while in police custody. Torture was used to elicit confessions, obtain information and as a punitive measure. During the intifada, in 2001, Human Rights Watch documented the use of torture in Palestinian detention centers including "shabah" (prolonged sitting or standing in painful positions); "falaqa" (beating on the soles of the feet); punching; kicking; and suspension from the wrists. Palestinian law has no standards governing what types of interrogation methods may be used by security forces and no judicial oversight of interrogations. Now that the Palestinian Authority is rebuilding its security infrastructure (much of which was destroyed during the intifada) and exercising at least partial policing functions in Gaza, Tulkarem and Jericho, it is imperative that it also reform the laws and practices governing detention and interrogation in Palestinian facilities. We urge you to call on the Palestinian Authority to publicly condemn all acts of torture and promptly investigate any allegations of torture in Palestinian detention centers in order to hold those responsible accountable.
3) Death Penalty and Lack of Due Process
According to our information, there are currently at least twenty-seven people sitting on death row under the Palestinian Authority. While President Abbas has wisely not approved the execution of any of these prisoners, he has so far expressed no commitment to ending the use of the death penalty and removing these prisoners from death row. Human Rights Watch is particularly concerned that most, if not all, of the persons sitting on death row were not afforded a fair trial. Many were tried in military or state security courts in trials that are often summary, lasting just minutes or hours and sometimes carried out in the middle of the night; the defendants are tried on the basis of their confessions, often allegedly coerced, rather than forensic and other evidence; and the defendants often have little or no access to legal counsel of their choosing. Furthermore, defendants have no right to appeal the decisions of these courts.
Human Rights Watch opposes capital punishment in all circumstances because of its cruel and inhumane nature, especially in situations where such basic due process is lacking. We urge you to call on the Palestinian Authority to publicly commit to not implementing death sentences.
We hope that our concerns will be reflected in your conversations with President Abbas and in your foreign policy towards the region.
Sincerely yours,
Sarah Leah Whitson
Executive Director, Middle East North Africa Division
Human Rights Watch
