الھیئــة الفلسطینیــة المستقلـة لحقــوق المواطـــن

THE PALESTINIAN INDEPENDENT COMMISSION FOR CITIZENS' RIGHTS

The Status of Palestinian Citizens' Rights

Ninth Annual Report

1 January 2003 – 31 December 2003

Board of Commissioners

Mamdouh Aker – Commissioner General

Lamis Alami Nasser Aruri Haider Abdul Shafi Hanan Bakri Mahmoud Darwish Muhammad Hallaj Taghreed Jahshan Muhammad Mei'ari Fuad Moghrabi Eugene Qutran Eyad Sarraj Rawia Shawwa A'zmi Shu'aibi Hanan Ashrawi

Said Zeedani – Director General

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Preface Once again, we at the Palestinian Independent Commission for Citizens’ Rights are proud to issue our annual report on the status of Palestinian citizens’ rights, the ninth such report since PICCR was established. Also once again, PICCR examines the painful violations to which Palestinian citizens are exposed by the Israeli occupation forces. The apartheid separation wall is merely the latest manifestation of the Zionist aggression against the Palestinian people and their land. The report also monitors the status of Palestinian citizens’ rights under the Palestinian National Authority. Although positive steps toward internal Palestinian reform have been carried out, the lack of progress in numerous areas makes for an unimpressive overall picture with regards to the status of citizens’ rights. This is particularly true given that some of these positive steps were subsequently emptied of their content. Moreover, infringement of Palestinian citizens’ rights under the National Authority is occurring at a time when these citizens are in ever-increasing need of freedom and protection—especially given the escalation of violations by the occupation forces. For “injustice emanating from close relatives is the harshest,” and resisting the continuing, renewed Zionist settlement project requires internal cohesion to inspire hope. Regrettably, the phenomena of security lapses, taking the law into one’s own hands, and misuse of firearms continue to worsen. Yet the citizen finds neither a clear, sensible government plan for curtailing these dangerous phenomena, nor any steps on the ground to inspire confidence that the National Authority is serious about countering them. The Judiciary continues to fluctuate in its standing, despite the steps and decisions that have been taken toward reforming the judicial apparatus. Elections, the most important means of renewing the vitality of society and its political system, remain suspended—even on the level of local authorities. Although dates for holding elections were set, as of the end of 2003 the Legislative Council had not yet passed the General Elections Law. Moreover, the elections system, based on which the next general elections will be held, had not been debated or approved. The experience of previous elections revealed the necessity of adopting an elections system suited to the needs of Palestinian society. (Some forces active in society, including members of the Legislative Council, have proposed a mixed elections system that combines elements of an electoral district system and a proportional representation system). We thus present the ninth report to the President, the Legislative Council, and the other institutions and agencies of the National Authority, as well as to the forces, institutions, and individuals of Palestinian society. We hope that it receives the study and follow-up it merits. Our selfless people, who have continued to make immense sacrifices, deserve from their leaders and their National Authority a greater respect for their rights and more dedicated service. In conclusion, this report is the result of persistent work and tremendous effort on the part of the PICCR staff, including the Director General (the editor), lawyers, field researchers, and administrative personnel. On behalf of myself as well as my colleagues on the Board of Commissioners, I extend my thanks and appreciation to all of the staff for this distinguished work, which has become a reference for all those concerned with Palestinian citizens’ rights. Dr. Mamdouh Aker Commissioner General

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Introduction Despite the harsh conditions and difficult times, the Palestinian Independent Commission for Citizens’ Rights continued to perform its duties and shoulder its responsibilities as prescribed by the presidential decree that established it in 1993. The core of these duties and responsibilities is monitoring and following up the extent to which the Palestinian public authorities and commissions respect and protect Palestinian citizens’ rights, whether in practice or in terms of operative legislation or approved plans and policies. Because the Israeli occupation remains a heavy burden, PICCR considers monitoring, documenting, and exposing violations of Palestinian human and citizen rights perpetrated by the Israeli occupation authorities, army, police, intelligence, and settlers as part and parcel of its responsibilities. Like previous reports, the Ninth Annual Report provides a general, and balanced picture of the status of Palestinian citizens’ rights during 2003 (the period from 1 January to 31 December 2003). The report’s sections reflect the nature, types, and ramifications of the violations inflicted on Palestinians by the Palestinian National Authority’s institutions and by the Israeli authorities. There is a section devoted to Israeli violations of Palestinian citizens’ rights and freedoms during 2003, along with other sections that shed light on the work and performance of Palestinian authorities and public institutions. These sections describe and evaluate the extent of their commitment to respecting and safeguarding citizens’ rights and freedoms. The report also includes a summary of PICCR’s varied activities, which seek to protect and promote Palestinian citizens’ rights and freedoms. PICCR’s various functions and activities, which find expression in the ninth report, justify its characterization as a national human rights commission. In addition to its primary function as an ombudsman, PICCR undertakes other tasks that are typically within the mandate of a national human rights commission. These include raising citizens’ awareness of their rights and how to defend them, and reviewing legislation, plans, and policies to ensure their compliance with international standards and conventions related to respecting and promoting citizens’ rights and freedoms. PICCR did not travel an easy road during 2003; enormous difficulties and numerous obstacles obstructed its path. These were of two primary types, the first of which had to do with a lack of sufficient cooperation from some Palestinian authorities and public and semi-public institutions, whether in addressing citizens’ complaints/cases followed up by PICCR, or in other areas within PICCR’s mandate. Although the sphere of cooperation has widened and deepened significantly over time (particularly with the ministries, members of the Palestinian Legislative Council, and some security agencies), some authorities and public institutions (such as the Office of the Attorney General and the Military Intelligence agency) continued to keep cooperation to a bare minimum. The second type of obstacle stems from the continuous, brutal Israeli measures that have been employed since the outbreak of the Al-Aqsa Intifada and continued through the end of 2003 (and were still continuing at the time of writing). These brutal Israeli measures (which went as far as the reoccupation of Palestinian cities in the West Bank—except for Jericho and Bethlehem until 1 July 2003—and continued siege of President Yasser Arafat in his Ramallah headquarters after deciding in principle to remove him) created an extremely complicated and threatening situation for Palestinian citizens’ rights and freedoms. In response, PICCR took it upon itself, as part of its duties, to document, expose, and sound a warning against the pernicious effects and destructive consequences of these oppressive Israeli measures on the fundamental rights and freedoms of Palestinian citizens. The Ninth Annual Report on the Status of Palestinian Citizens’ Rights is issued at a critical and complicated period in the history of the Palestinian people. The people and their leadership in the territories occupied since 1967 remain under immense pressure and suffocating siege, and the occupation authorities are continuing their oppressive measures and abominable practices—measures and practices that led to the deaths of hundreds of Palestinians during 2003, as well as the continued detention of thousands under inhumane conditions. This is in addition to the continued destruction of houses, making their residents homeless (especially in the Rafah governorate), along with the confiscation and bulldozing of land, primarily for the purpose of settlement or completion of construction on the separation wall. The

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wall is turning the West Bank into besieged cantons, the combined area of which comprises no more than half of the total area of the West Bank. Further, oppression by the occupation forces has exhausted the Palestinian National Authority, frustrating or suspending its efforts toward democratic reform and rebuilding; paralyzing or hindering the work of its institutions (including the Palestinian Legislative Council, the courts, and the civil police); and depriving it, to a large extent, of the capabilities and resources necessary to provide basic services to the populace. Due to the continuation of oppressive Israeli practices, especially siege, closure, military checkpoints, reoccupation of West Bank cities, and repeated attacks on some areas of the Gaza Strip, internationally welcomed and supported efforts to hold elections for the presidency, Legislative Council, and local authorities were thwarted during 2003. Also as a result of these practices, the economic situation has deteriorated, and the phenomena of taking the law into one’s own hands, arms chaos, and security lapses have spread. All of this is taking place in the absence of a serious and promising political process indicating imminent relief or salvation. The situation’s severity and complications, however, must not distract us from the ultimate goal of the Palestinian national struggle. This goal consists of two interrelated and complementary parts: ending the occupation and building an independent democratic state based on the rule of law, separation of powers, nondiscrimination, democratic participation in decision making, and respect for citizens’ equal rights and freedoms. Thus, the reform desired by Palestinians should aim at actualizing this two-part goal. The Ninth Annual Report, which PICCR is pleased to present to Palestinian officials, ordinary citizens, and other interested parties, gives genuine expression to the firm commitment to this complex goal and also to the persistent efforts to achieve it. The Ninth Annual Report, like the previous annual reports, is the product of the collective efforts of PICCR’s staff in its Ramallah headquarters and Gaza branch office. Many thanks and sincere gratitude are in order for the lawyers, field researchers, administrators, and support staff who contributed to its production. In particular, I extend my thanks to the lawyers and researchers who prepared the report’s various sections: - Sami Jabareen: Israeli Violations of Palestinian Citizens’ Rights (Chapter One) - Ammar Dweik: The Legislative Branch (Chapter Two, Section One) - Hussein Abu Hannoud: The Judicial Branch (Chapter Two, Section Two) - Maen Ideis: The Executive Branch (Chapter Two, Section Three) - Basim Bushnaq: Violations of Citizens’ Rights (Chapter Two, Section Four) - Musa Abu Dheim: Grievance Casework (Chapter Three, Section One) I also extend special thanks to Laila Shweiki, secretary of the legal department, for her efforts in compiling the report and preparing the final manuscript for printing and publication. Finally, I extend my thanks to Dr. Haidar Abdel Shafi, the former Commissioner General, and Dr. Mamdouh Al - Aker, the current Commissioner General, along with the members of the Board of Commissioners, for their commitment to the continuation of PICCR’s work and its integrity, even in the extremely harsh conditions encountered during 2003. Dr. Said Zeedani Director General

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Summary of the Report The Ninth Annual Report consists of three chapters and three appendices, which contain PICCR’s observations and assessment of the status of citizens’ rights in Palestine during 2003. It also presents the conclusions and recommendations that PICCR has reached through monitoring the many aspects of this status. Chapter One of the report treats Israeli violations of Palestinian citizens’ rights in five main sections. The first section treats the legal situation of the Palestinian territories; the second section treats Israeli violations of the right to life, physical well-being, and personal security; the third section treats Israeli violations against freedoms; the fourth section treats Israeli violations against civilian property; and the fifth section treats Israeli violations against the right to freedom of movement and the detrimental effects this has on the various aspects and areas of Palestinian citizens’ lives in the occupied territories. The Israeli occupation forces went to extremes in their violations of Palestinian citizens’ rights during 2003. In response to Palestinian resistance—armed and unarmed—they used excessive and disproportionate force, employing heavy weaponry, such as F-16 fighter jets, helicopter warships, tanks, and machine guns. During 2003, Israeli forces killed no fewer than 627 Palestinians, among them 123 children and 17 women. Those killed included 67 who were assassinated and 50 who died while carrying out operations against Israeli targets, whether within the reoccupied Palestinian territories or inside or nearby Israeli settlements. This is in addition to the 26 Palestinians who blew themselves up attacking civilian and military Israeli targets, and 24 Palestinians who were killed under ambiguous circumstances. The number of those injured exceeded 2,000. The Israeli occupation forces also continued their campaigns of arbitrary arrest and detention during 2003, taking in thousands of Palestinians. Likewise, they detained relatives of those who carried out and planned bombing operations inside the Green Line, those who carried out and planned armed operations against settlers and soldiers inside the occupied territories, and those wanted by the occupation forces for activist involvement in resisting the occupation. As of 31December 2003, the occupation authorities continued to hold 6,206 Palestinians in their prisons and detention centers, distributed as follows: 2,518 in central prisons, 3,397 in military detention centers, and 291 in other detention centers. Among the 6,206 detainees were 669 being held under administrative detention, 275 children, 77 women, and 117 being held in solitary confinement. Also among the detainees were Palestinian Legislative Council members Marwan Al-Barghouthi and Husam Khader; PLO Executive Committee member Abdel Rahim Malluh; Hasan Yousef, one of the leaders of Hamas; and other political leaders. During 2003, Israeli attacks on medical crews’ right to life and well-being also continued, resulting in the deaths of four medical personnel and injuring others. The occupation soldiers obstructed the work of ambulances, and some hospitals and medical centers were subjected to bombardment and storming, during which a number of patients and employees were injured and buildings were damaged. The occupation forces also continued their attacks on the life, well-being, and freedom of journalists and employees of domestic and international news agencies. Journalists were subjected to arms fire by occupation forces, leading to the death of two of them and injuring a number of others. Journalists were likewise subjected to beating and humiliation and were at times prevented from covering events or entering places where events were taking place. Following the two bombing operations in Jerusalem and the Tserefim military camp near Ramla on 9 September 2003, on 11 September the Israeli government decided in principle to remove President Yasser Arafat (by exiling or killing him). This decision was made under the pretext that he is responsible for bombing or armed operations inside Israel or in the settlements, as well as under the pretext that he is an

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obstacle to peace. This unjust decision came approximately two years after President Arafat was isolated and besieged in the Muqata’a headquarters in Ramallah. Also during 2003, the occupation authorities exiled 24 Palestinians from the West Bank to the Gaza Strip. The policy of deportation or forcible exile or transfer carried out by the occupation authorities gained the support of the Israeli High Court of Justice, which issued a number of decisions affirming the soundness of military orders commanding exile of Palestinian citizens and their forcible transfer from the West Bank to the Gaza Strip. Destruction of private property in various areas of the West Bank and Gaza Strip also continued, damaging at least 2,000 residential units, of which 790 were completely destroyed. The Israeli authorities continued their policy of demolishing houses owned by families of those who carried out or planned operations against Israeli targets, or who were wanted by the occupation forces for activist involvement in the Intifada. During 2003, more than 142 houses were demolished for this reason. Moreover, the occupation authorities continued to demolish Palestinian houses under the pretext of lack of permits, especially in occupied East Jerusalem and the neighboring or surrounding villages. During 2003, the occupation authorities demolished 61 Palestinian houses for this reason. The Israeli authorities also sealed off a number of Palestinian official and civil society institutions that provide services to citizens in East Jerusalem and the Hebron governorate. During 2003, more than 3,570 dunams of agricultural land were bulldozed, and Israel hastened to build the separation wall around and deep into the occupied Palestinian territories in the West Bank. As of the end of 2003, construction on the separation wall had led to the appropriation of more than 60,000 dunams of land, most of which is located in the north of the West Bank and surrounding Arab Jerusalem. It also led to the uprooting of approximately 83,000 fruit trees, the destruction of approximately 37 km of irrigation networks, and the destruction of approximately 15 km of agricultural roads. The ramifications of the separation wall’s construction have affected the lives of hundreds of thousands of Palestinian civilians. The occupation authorities imposed siege and closure on Palestinian cities, villages, and camps in the West Bank for most of 2003. Under the pretext of security, Israel isolated Palestinian cities, villages, and camps in the West Bank from one another by placing mounds of stone, earth, and cement blocks on the main streets and at the entrances and outlets of all of them. As of the end of 2003, scores of permanent checkpoints guarded by soldiers remained in place, in addition to more than 600 barriers preventing or hindering the movement of people, goods, and vehicles. There were repeated closures of the border crossings connecting the occupied Palestinian territories to the outside world: Rafah Crossing between the Gaza Strip and Egypt, and Al-Karameh Crossing (the King Hussein bridge) between the West Bank and Jordan. Moreover, Palestinian males between the ages of 16 and 36 were prevented from traveling outside of the Palestinian territories from 1 January to 1 July 2003. East Jerusalem remained isolated from the surrounding Palestinian areas, and the West Bank and Gaza Strip remained completely cut off from one another. Closure, siege, and curfews severely disrupted the educational process by preventing students and educators from reaching schools and universities. Siege and closure likewise prevented Palestinians from attending public prayers in the cities of Jerusalem and Bethlehem. This is in addition to the staggering losses they caused to the various sectors of the Palestinian economy, leading to the spread of unemployment and poverty. Chapter Two of the report treats the status of citizens’ rights in areas controlled by the Palestinian National Authority (areas “A” and “B” according to the Oslo agreement) and is composed of four sections. The first three sections treat the performance of the legislative, judicial, and executive branches of government, respectively, while the fourth section treats the executive branch’s violations of Palestinian citizens’ rights.

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In the first section, PICCR presents and evaluates the performance of the legislative branch (the Palestinian Legislative Council, or PLC) in passing legislation and monitoring the executive branch. It notes difficulties that weaken the performance of the PLC and offers recommendations for improving the legislative branch’s performance and strengthening its standing. The first part of this section looks at the main components of the PLC (its members, its committees, and the office of the speaker, along with the support staff), providing a brief description of the changes that took place during 2003. The second part details the PLC’s legislative and oversight activities during 2003, and the third part presents PICCR activities that supported PLC work during the year. The PLC, like all other Palestinian public institutions, is operating under difficult and complicated conditions that do not allow it to perform its role in a complete, normal fashion. With the passage of time, however, the PLC has begun to adapt to the unprecedented measures imposed by the occupation authorities. The creation of the office of prime minister reflected positively upon the council’s activities, since the number of draft laws put forth by the Cabinet increased. Likewise, the PLC committees were active, and the number of questions posed by legislators to the ministers increased. In general, parliamentary work witnessed heightened activity during 2003, as compared to the past two years. The Cabinet presented 16 draft laws during the year, as compared to only 2 during 2002 and 5 during 2001. During 2003, the PLC held 27 sessions: 15 regular sessions and 12 emergency sessions, one of which was held in secret. All council sessions during the year utilized videoconferencing technology, made necessary because some legislators could not obtain permits to travel from the Gaza Strip to Ramallah. During 2003, the PLC issued 73 decrees, as compared to 34 during 2002; these dealt with a number of issues and areas, including: the condemnation of various Israeli violations of Palestinian rights, expression of positions on weak points in the performance of the executive branch, as well as on general issues of concern to citizens, such as the rising insurance costs. Despite these developments, the PLC was unable, for the eighth consecutive year, to overcome the internal problems that have persisted since its inception. It is clear that the PLC, in its current composition and situation, is unable to overcome the dominance of the executive branch and presidency, with all this would entail in terms of effective, independent work. Even though its mandate ended years ago, the PLC has not pushed strongly enough to hold new elections. As of the end of 2003, the General Elections Draft Law, which comprises one of the main bases for the next legislative elections, was still going back and forth within the PLC. As of yet, there is no clear, agreed upon mechanism for the questioning of legislators who fall short in the performance of their duties. Likewise, there are no disciplinary penalties for violations of the provisions of the PLC bylaw. Not a small number of council members hold paid consultative and executive positions, whether in executive branch institutions or in nongovernmental institutions. Moreover, there are council members who do not participate at all in committees, or who participate only in sessions involving a vote of confidence for the government, or in sessions opened by the President of the National Authority. The majority of PLC committees, which are 11 in number, continue to work without plans containing clear goals and priorities. In the absence of such plans, they are influenced instead by the agendas of committee members, especially the chairpersons and the clerks. Most of the time, the work of committees constitutes reactions to ephemeral or urgent issues. Further, committees’ activities vary from each other, depending on their chairpersons and clerks. During 2003, the activities of the Economic Committee, the Committee for Oversight and Human Rights, and the Legal Committee were prominent. There were no changes to the structure of the PLC during 2003. After the resignation of the PLC Secretary (whose post remained vacant as of 31 December), some administrative aspects were put in order, as the Director General of the PLC reclaimed the responsibilities and powers afforded him under the council

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structure. The state of near total separation between the PLC’s office in the West Bank and its regional office in the Gaza Strip continued. Three Palestinian governments were formed during 2003, two of which were approved by the PLC. The third government, which was regarded as and called an emergency government, was not presented to the council for a vote of confidence. The Committee for Oversight and Human Rights submitted a report to the PLC; among the report’s recommendations was that a motion of no confidence be passed for ministers Hisham Abdel Razek and Abdel Karim Abu Salah. In September 2003, 15 legislators, in a memorandum to the PLC Presidency, requested that the matter of withdrawing confidence from the government of Mahmoud Abbas (Abu Mazen) be placed on the council agenda. The Council did not meet with success with regards to the government’s compliance with the provisions of the Public Budget Regulation Law. The budget bill for 2004 was submitted a month after the scheduled date. As 2003 came to a close, the draft law was still under scrutiny by the PLC budget committee. Moreover, the executive branch, represented by the Ministry of Finance, submitted only two out of four quarterly reports on the progress in implementing the budget authorized for 2003. Further, the government did not submit the final accounts for the 2002 budget to the PLC, as it was legally obligated to do prior to the end of 2003. The most important recommendations of this section are as follows:

1. The Draft General Elections Law should be passed promptly, so as to clarify the legal framework for the next general elections.

2. The elections system should be reviewed to encourage the emergence of parliamentary blocs and political parties. In this regard, PICCR emphasizes the observations it put forth in a letter sent to the chair and members of the PLC on 10 September 2002 concerning the elections system, particularly the following areas: the formation and mandate of the Central Elections Committee, the quota system, electral districts, and elections propaganda and financing.

3. The PLC should use the powers vested in it to compel the executive branch to hold elections to local authorities as soon as possible.

4. The PLC, should follow up on the executive branch, to put in place the bylaws and regulation necessary for implementing various operative laws, such as the Labor Law, the Civil Service Law, and the Nongovernmental Organizations and Charities Law.

5. Improvement of the administrative infrastructure of the PLC and strengthening the capabilities of its employees should continue There should be a special focus on addressing the problem of the duplicity of offices in the West Bank and Gaza Strip, as well as the increasing number of employees (whose number is nearing 600).

6. The PLC should assume its role in monitoring price setting for basic goods and services, such as fuel, water, and communications. The PLC is also called upon to take position on the fees imposed and collected by the various government institutions and local authorities, as well as to ensure that all of these fees are imposed, assessed, and collected in accordance with the law.

The second section of Chapter Two addresses the most important developments within the judicial branch during 2003, with a special focus on the amendment of judicial laws, the formation and jurisdiction of the regular courts, matters involving the Office of the Attorney General, the administration of Judiciary affairs, the religious courts, regulation of the legal profession, the special courts, and the difficulties and challenges that continue to confront the judicial branch or obstruct its work. There were some new positive developments within the judicial branch during 2003, such as the appointment of a number of judges and assistants to the Office of the Attorney General. Further, the salaries of judges and members of the Office of the Attorney General were increased in application of the financial section of the Judicial Authority Law of 2002. Also during the year, the High Judiciary Council

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was re-formed, changes were made in the formation of judicial committees, and some courts were moved to modern buildings. This is in addition to the training of members of the judicial circuit, whether through training activities held in the West Bank and Gaza Strip or by sending trainees abroad. The process of reform within the judicial circuit, which began in mid 2002, led to fulfillment of most judicial branch needs in terms of material and human resources. It also solved the problem of judges’ low salaries. This notwithstanding, the judicial branch continued to face major challenges attributed to: non-implementation of court rulings and judicial decisions, intense conflicts between the Ministry of Justice and the High Judiciary Council, the backlog of cases and slow pace of case review and settlement, contravention of laws by high officials in the executive branch, the absence of judicial inspection, and the failure of the Office of the Attorney General to fulfill all of its tasks and duties, especially in investigating cases where citizens were killed. Although the body of judicial laws issued in 2001 and 2002 encompass modern and developed laws, coming after thorough, in-depth study of the reality of the Palestinian judicial system and in response to its needs, the brief experience in practice has demonstrated an urgent need to amend some provisions of the Judicial Authority Law. There is a need to: reexamine some of the provisions of the Judicial Branch Law to clarify the tasks and jurisdictions of the Ministry of Justice and the High Judiciary Council on the one hand, and to regulate the relationship between them on the other; reexamine the provisions related to the appointment of judges and members of the Office of the Attorney General, so as to ensure employment according to the criteria of seniority, experience, and qualifications; and re-institute the one-judge system, so as to increase the number of judicial committees in the courts of first instance, and thus speed up review and settlement of pending cases. On 14 May 2003, President Arafat issued a decree ordering the formation of the High Judiciary Council with nine members. This decree is in keeping with the Judicial Authority Law in a number of ways. The formation of the new council with 9 members is in accordance with articles 37 and 81 of the law, whereas the transitional council had 11 members. Further, appointment of members to the new council was based on their positions of employment, and all members of the new council are less than 70 years in age, in accordance with article 34 of the law. The decree did, however, ignite a heated controversy among Palestinian jurists that was ongoing as of the end of the year, especially in relation to the appointment of an appellate judge (who had not yet completed one year of service on the court) as president of the court and a member of the High Judiciary Council. This is in contravention of article 19, paragraph 2, of the Judicial Authority Law, which requires that a person appointed president of an appellate court have served as a judge in one of its districts for at least five years. During 2003, the High Judiciary Council continued to regulate and oversee the affairs of courts, judges, and administrative support staff. It also issued decisions ordering the re-formation of the High Court – Court of Cassation in Gaza and Ramallah with two districts, the High Court of Justice in Gaza with two districts and in Ramallah with one district, and the Court of Appeals in Gaza with two districts and in Ramallah with one district. This is in addition to the re-formation of all first instance and conciliation courts. Further, 20 new conciliation judges were appointed, 10 judges from conciliation courts were promoted to first instance courts, 2 judges from first instance courts were promoted to appellate courts, and 6 judges from appellate courts were promoted to the High Court. Despite the continuation of Israel’s arbitrary and oppressive measures and practices against Palestinian citizens, lawyers were able to hold free and fair elections to the Bar Association on 11 July 2003. The Bar Association’s elected board started to carry out its work in regulating the legal profession and strengthening its standing. It also took serious positions on some of the assaults to which the judicial branch is subjected, whether from within or without. Although only a short time has passed since the board was elected, its achievements have started to become apparent in a number of areas, foremost among them the strengthening of the relationship with the Arab Bar Association and the Palestinian legal

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institutions (official and nongovernmental). The elected board still faces difficulties, however, resulting primarily from the absence of syndicate traditions upon which it can draw when carrying out its work. This problem is compounded by the absence of the necessary regulations related to the formation and work of board committees. No changes were made in the military courts during 2003, either in formation or jurisdiction. These courts continued to operate under the Revolutionary Penal Code issued by the PLO in 1979. The state security courts were abolished during the year, however, with a declaration issued by the former Minister of Interior, Hani Al-Hasan, on 14 April 2003. The abolishment of state security courts was then affirmed on 27 July 2003, when the former Minister of Justice, Abdel Karim Abu Salah, issued a decision explicitly ordering this measure. However, despite the former Minister of Interior’s declaration and the former Minister of Justice’s decision with regards to abolishment of the security courts, during 2003 PICCR monitored the transfer of two cases related to supply issues to the state security court in the Gaza Strip on 2 September. Thus, the matter requires a presidential decree explicitly abolishing the state security courts and transferring their jurisdictions to the regular courts. The most important recommendations of this section are as follows:

1. In view of the questions raised regarding the legality and soundness of appointments made to the judicial branch, PICCR recommends amending the Judicial Authority Law so as to create a selection committee for the judicial circuit comprised of representatives of the PLC, the Bar Association, and the Minister of Justice, in addition to the High Judiciary Council.

2. The Formation of Regular Courts Law should be amended so as to abolish the system of three-member judicial committees in first instance courts and return these courts to the one-judge system, thereby increasing judges’ productivity.

3. Judicial inspection should be activated, and future promotions should be linked to inspection results.

4. The Constitutional Court should be established quickly in view of the importance of the powers with which it is vested, especially the authority to review the constitutionality of laws and bylaws, to interpret the provisions of the Basic Law, and to settle jurisdictional disputes between judicial bodies and administrative bodies with judicial mandates.

5. There should be a decisive end to the non-implementation of court rulings and other judicial decisions. This requires enforcing the penalties and fines stipulated by the operative penal laws.

6. Judges and officials in the Office of the Attorney General should be provided the protection necessary to enable them to carry out their duties without reserve, fear, or bias.

7. No cases should be transferred to the state security courts. A presidential decree should be issued explicitly abolishing these courts.

The third section of Chapter Two focuses on the executive branch through monitoring and evaluating the performance of ministries and public institutions, civilian and security alike. It treats new developments related to the public budget, reform and rehabilitation centers (prisons), and the steps taken toward administrative, financial, security, and political reform. Many new developments affected the performance and composition of the executive branch during 2003. Israeli attacks on Palestinian citizens and their property continued. Internal and external pressure was placed on the executive branch and the presidency to undertake security, political, financial, and administrative reforms. The executive branch did in fact take some steps on the path toward reform, the most important manifestations of which were the creation of the office of prime minister and the consequent separation between Cabinet meetings and what have been termed “meetings of the leadership.” Further, a number of public institutions and authorities were attached to the relevant ministries, and there was some progress as far as transparency in the management of public funds is concerned.

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The office of prime minister was created to be independent from the office of President of the National Authority, and two prime ministers were appointed during 2003: Mahmoud Abbas (Abu Mazen) and Ahmad Qurei (Abu Ala`). A Palestinian government was formed three times during the year. The first government, headed by Mahmoud Abbas, was formed during April 2003 and approved by the PLC on 29 April. It resigned on 5 September, however, due to internal conflicts and difficulties. On 5 October, a truncated emergency government was formed, headed by Ahmad Qurei and composed of eight ministers, but it was not submitted to the PLC for approval. The third government, composed of 24 ministers, was formed on 9 November and won PLC approval on 12 November. In the midst of these ministerial changes and formations, the following took place: the establishment of two new ministries (the Ministry of Women’s Affairs and the Ministry of Jerusalem Affairs), and the transformation of some ministries into public authorities (the Energy Authority) and some public authorities into ministries (the Ministry of Civilian Affairs and the Ministry of Communications and Information Technology). On the level of achievements, the picture is complex and mixed. The Ministry of Education managed to finish out the school year with minimal losses, and approximately $20 million from the 2003 public budget went to support universities. Primary education continued to suffer from a host of problems, however, the most significant being schools’ need for labs and libraries, athletic facilities, and computer equipment. This is in addition to the low salaries of employees in the sector of education. With regards to higher education, universities were still in need of more government financial support so as to enable them to lower tuition fees, improve curricula and employee cadres, and work on the incentive system to encourage faculty research and innovation. In the health sector, governmental, semi-governmental, and private health personnel exerted major efforts to provide vital services to citizens. The government worked to pay off a large portion of debts owed by the Ministry of Health to pharmaceutical companies. The wages of government health sector employees remained low, however, and patient rooms in government hospitals remained insufficiently clean. Further, the ministry’s oversight over hospitals, clinics, and pharmaceuticals remained beneath the required level. On the financial side, the Ministry of Finance achieved some important successes, such as taking stock of National Authority investments, partial application of the Civil Service Law, and application of the principle of budgetary unity and treasury unification between the West Bank and Gaza Strip. Nonetheless, its successes remained limited in the areas of reducing the unemployment rate, overcoming the expanding number of employees in the government bureaucracy, and improving tax collection rates and reducing tax evasion. In general, the performance of the government was neither satisfactory nor at the level required. The government did not take any serious steps to control prices of basic goods or to monitor their quality. The Ministry of Energy did not work to put in place and implement a unified tariff for water and electricity. Further, the Ministry of Public Works and Housing was unsuccessful in reconstructing most houses that the Israeli occupation forces destroyed during past years. Likewise, the Ministry of Labor was not convincingly successful in alleviating much of the suffering of the unemployed. The Ministry of Agriculture did not provide farmers with adequate support, despite their heavy losses due to the Israeli practices. The Land Authority (the former Ministry of Housing) did not commit to clear and public rules and criteria with regards to the management and administration of state lands. Nor did it exert the necessary efforts to take stock of these lands, register them, and pursue those who violate them through judicial and administrative means. Despite the issuing of a presidential decree setting 20 November 2003 as the date for holding the second set of presidential and legislative elections, and forming the Central Elections Committee to prepare for them, the general elections did not take place on the set date, and the President of the National Authority did not issue anything indicating their postponement or cancellation. Moreover, as of the end of 2003, elections to the local authorities had not yet taken place, and the executive branch continued to resort to appointment as the means for selecting the heads and members of these authorities.

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Some important developments in the work of the security agencies occurred during 2003, most prominently the attachment of the Preventive Security agency, the Police, and the Civil Defense to the Ministry of Interior. These three agencies were joined, along with their administrations, properties, and equipment, to the Ministry of Interior on 27 June 2002. Effectively, however, control over these agencies as well as the other security agencies remained in the hands of the President of the National Authority by way of his position as head of the National Security Council (which was re-formed at the beginning of October 2003). Some steps were also taken to re-order the financial situation of members of the security agencies, whereby their salaries were increased through changes in the official exchange rate for the dollar, which rose from 3.7 to 4 NIS. Also during the year, the salaries of members of the Police, Preventive Security, General Intelligence, and Civil Defense were transferred to their personal bank accounts after they had been paid to the leadership of these agencies, who assumed a role in the transfer process. This change affected 23,000 security employees. Difficult and complicated circumstances prevented or hindered members of the security agencies from carrying out their responsibilities in a proper manner or at the level required. This notwithstanding, unjustified shortcomings and weak points in their work became apparent during 2003. For example, the security agencies failed to put a stop to security lapses, arms chaos, or the phenomenon of taking the law into one’s own hands, though they were able, if they tried, to do so. Further, they did nothing to confront the thousands of illegal vehicles operating on the roads. The matter went beyond these shortcomings in performance of duty, however, as some members of security agencies violated the law themselves. Moreover, the security agencies continued to operate without laws regulating their work, and the detention centers under them still lack legal regulation. The fourth section of Chapter Two offers prominent patterns of violations of citizens’ rights during 2003, classified according to the type of right violated and the party or parties who committed the violation, either through their actions or omissions. As in previous years, violations occurred against the right to life, right to register and form associations, right to vote and stand for election, right to just legal procedures, freedom of the press, freedom from mistreatment or torture, and right to employment in a public position. The right to life was violated in a number of ways during 2003. These violations took organized forms such as punishment by execution, as well as cases stemming from weakness in the rule of law, such as killing caused by misuse of firearms or security lapses. This is in addition to instances of death resulting from neglect on the part of the relevant official parties. During the year, one death sentence was issued, which has not been approved by President Arafat. PICCR monitored at least 48 instances of killing resulting from taking the law into one’s own hands and misuse of firearms; no one was held accountable and no serious measures were taken to curtail this dangerous phenomenon, which threatens the security of citizens and the fabric of society. PICCR also documented and followed up 25 instances of death in which official Palestinian parties bore partial responsibility, including 11 deaths by drowning and 14 deaths due to medical errors or medical neglect. The Palestinian security agencies arbitrarily arrested at least 64 citizens during 2003, among them two citizens arrested for political reasons. The security agencies also continued to hold scores of Palestinian citizens without charge or trial, among them those who have been detained for years for collaborating with the occupation authorities. During the year, PICCR received 55 complaints containing charges of torture and/or mistreatment during interrogation, primarily with the aim of extracting confessions. The majority of complaints in this regard were filed against the civilian police in West Bank governorates. During 2003, PICCR received scores of complaints related to violations of citizens’ rights in the field of public employment on the part of ministries and public institutions. The nature of these complaints varied, encompassing: citizens being deprived of competing for public employment positions; public employees being deprived of their rights to promotions; severance of pay without plausible justification or without

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explanation; and arbitrary dismissal, transfer, or demotion of public employees. In addition, a large portion of the appointments to government positions during the year were based on considerations of favoritism and patronage, whereby vacancies were not advertised and interested citizens were prevented from competing fairly for them. These appointments were particularly evident in the judicial circuit. The most important recommendations of the two previous section are as follows:

1. The nature of the relationship between the National Security Council and the Ministry of Interior should be clarified, along with the nature of the duties and responsibilities of each and the mechanisms for coordination, cooperation, and integration between them.

2. Far-reaching decisions should be taken to attach public institutions and authorities to the ministries closest to them in mandate, and to put in place laws governing the work of existing public institutions and authorities as well as those that are to be established. In this context, it is necessary to obtain PLC approval for the appointments of the heads or directors of public institutions and authorities (such as the governor of the Monetary Authority, the head of the General Control Commission, the head of the Land Authority, and the head of the Commission of Nongovernmental Organizations, as per the provisions of the Basic Law.

3. The police agency should assume an active role in controlling vehicles operating in violation of insurance and license requirements and traffic laws.

4. The problem of the expanding number of employees in the ministries, security agencies, and public authorities and institutions should be addressed seriously and at the root level.

5. The Ministry of Finance should exert effective, systematic efforts to improve the rate of tax and fee collection and reduce tax evasion, as well as to solve the discrepancy between the West Bank and Gaza Strip with regards to assessing and collecting property tax.

6. The General Personnel Office should make certain that those employees receiving salaries from the National Authority treasury are in fact showing up for work.

7. The executive branch should investigate all instances of killing resulting from taking the law into one’s own hands, security lapses, and misuse of firearms. It should do so by forming credible investigative committees composed of persons of recognized expertise, integrity, and independence. The Judiciary should assume its role in prosecuting and punishing those responsible so as to stop the spread of these phenomena, which endanger the security of citizens and stability of society. These measures should take place alongside work, at the fastest pace possible, to curtail the chaos of using and carrying firearms and to impose deterrent penalties on violators.

8. The relevant official bodies should take sufficient steps and measures to prevent deaths caused by medical neglect or error. The Office of the Attorney General should carry out its duty to investigate deaths, especially those occurring in government hospitals.

9. There should be respect for freedom of the press and freedom of opinion and expression, and no measure should be taken against the press or journalists except through the Judiciary and courts with jurisdiction, in accordance with the Printing and Publications Law of 1995. In addition, attacks by masked militants on journalists and media headquarters should be investigated, and the perpetrators should be punished.

The first section of Chapter Three treats violations of Palestinian citizens’ rights by agencies and institutions of the executive branch, civilian and security alike. These violations are classified according to the party responsible for committing them and the type of right violated. The reoccupation of West Bank cities, deterioration of the security situation in the Palestinian territories, and weakness or frailty of the Palestinian National Authority in general explain the absence of a perceptible increase in the number of complaints filed during 2003 as compared to previous years. During 2003, PICCR received 608 new complaints, 101 of which were set aside as inadmissible for a number of reasons. The most important of these reasons were lack of follow-up at the request of the complainant;

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PICCR not being convinced that a violation occurred; the complaint pending before the relevant judicial body; the complainant not exhausting all available internal means of redress; the complaint falling outside of PICCR’s mandate; release of the citizen in the case of arbitrary arrest; and lack of identification of the violating party, especially in cases of death or killing under ambiguous circumstances. Thus, PICCR followed-up only 507 of the 608 complaints received during 2003. It also continued to handle 154 complaints from the previous year, 41 of which were set aside for the aforementioned reasons. Of the 507 complaints that PICCR received and followed up during the year, 321 were brought to a close and the other 186 remained open. Thus, during 2003 PICCR closed 63 percent of the total cases it followed up. In handling cases received during 2003, PICCR sent 772 letters to various parties and received 273 replies. Also during 2003, PICCR conducted 134 visits to Palestinian prisons and detention centers. The complaints that PICCR handled were distributed among civilian and security agencies. The civilian agencies included: ministries; the Office of the Attorney General; local authorities; and public commissions, institutions, and authorities. A total of 338 handled complaints were lodged against civilian agencies, representing 66.7 percent of all complaints handled. Of these, 217 were closed and 121 remained open. The security agencies included: Preventive Security, General Intelligence, Military Intelligence, National Security, the police, the Presidential Guard (Force 17), and the Administration and Organization. A total of 169 handled complaints were lodged against security agencies, representing 33.5 percent of all handled complaints. Of these, 104 complaints were closed and 65 remained open. It is clear from the results of complaint follow-up that the most cooperative institutions that PICCR dealt with during 2003 was the Ministry of Health. The most important recommendations of this section are as follows:

1. The Cabinet should issue clear, unequivocal directives with regards to cooperating with PICCR in following up complaints. Moreover, the Cabinet should authorize all officials in government agencies and institutions or those acting on their behalf to give citizens’ complaints the care and attention they deserve. In addition, they should supply information without delay and provide services without discrimination on the basis of gender, political affiliation, or disability.

2. There should be a serious and complete investigation into all deaths occurring under ambiguous circumstances or in prisons or detention centers. There should also be an investigation into citizens’ claims related to mistreatment or torture, especially during detention, arrest, or interrogation.

3. The General Personnel Office should comply with the provisions of operative laws and not yield to pressure or recommendations from any security agencies in matters concerning employee affairs, whether in regards to appointment, promotion, tenure, or dismissal.

The second section of Chapter Three presents a summary of PICCR activities. In addition to handling cases, PICCR undertakes various activities, all of which aim to increase citizens’ awareness of their rights and the means of defending them on the one hand, and to strengthen the work and independence of the legislative and judicial branches on the other. PICCR’s activities comprise a number of main endeavors: the legal report series; the special report series; review and reform of laws, regulations, and policies; public-awareness raising; the Palestinian Human Rights Quarterly; networking and public relations; and the library. By issuing legal reports, PICCR sheds light on selected legal issues related to the rule of law and equality before the law; good governance; oversight mechanisms; and the executive, legislative and judicial branches. At the conclusion of each report, PICCR directs the attention of officials and relevant parties (including researchers, jurists, and legislators) to recommendations that, if adopted, would help to reach solutions to the issues raised, whether on the level of legislation or practice. PICCR also issues special reports on pressing issues related to citizens’ rights that require prompt attention or action. During 2003,

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PICCR issued three legal reports and nine special reports in addition to four quarterly reports on Israeli violations of Palestinian citizens’ rights and their consequences. PICCR continued to implement various activities to raise public awareness on issues related to human rights and democracy. The types of activities included: training courses, open meetings, workshops, lectures, and radio and television forums. PICCR also continued to issue the Palestinian Human Rights Quarterly, which includes articles, investigative reports, and news related to human rights in Palestine. At its main headquarters in Ramallah, PICCR maintains a library that specializes in human rights, democracy, and domestic and international law. It also maintains a branch library at its Gaza City office. In addition to the three chapters, the Ninth Annual Report contains three appendices. Appendix 1 presents a sample of cases followed by PICCR during 2003, with the aim of demonstrating the variety of cases handled and the different results reached. Appendix 2 includes the press releases issued by PICCR during the year, which express its position on issues and specific events. Appendix 3 consists of letters that PICCR sent to official and nonofficial parties in handling various issues related to respecting and protecting Palestinian citizens’ rights.

CHAPTER 1

ISRAELI VIOLATIONS OF PALESTINIAN CITIZENS’ RIGHTS

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Introduction The Israeli occupation forces continued their violations of Palestinian citizens’ rights during 2003. Both armed and unarmed Palestinian resistance was countered with the excessive and disproportionate use of force against civilians. Israeli forces used heavy weaponry such as F-16 fighter jets, combat helicopters, tanks, and machine guns, killing hundreds and injuring thousands. These forces demolished hundreds of houses and committed extra-judicial executions. Moreover, settlement expansion continued along with the requisite land expropriation. Thousands of Palestinians were arrested during the year, and severe siege and closure, as well as curfews, were imposed on the Palestinian territories for extended periods. Israeli settlers participated in assaults against Palestinians and their property. Israeli forces continued to invade areas under complete Palestinian control (Areas A) in the West Bank under the pretext of pursuing Intifada activists and dismantling terrorist infrastructure. They also intensified their successive incursions into the Gaza Strip. The most prominent of these incursions were launched against Beit Hanoun, on 15 May; Al-Mighraqeh village/south of Gaza City, on 27 June; and Rafah Camp, on 23 December. During 2003 Israeli forces also continued their assassination operations against Palestinians, among them prominent leaders of Palestinian factions, especially Hamas and Islamic Jihad. These assassination operations resulted in an increase in civilian deaths. Among those targeted was Dr. Abdel Aziz Rantisi, one of the prominent leaders of Hamas, who escaped an assassination attempt on 10 June. Sheikh Ismail Abu Shanab, 53, was assassinated on 21 August. On 10 September, the occupation forces attempted to assassinate Dr. Mahmoud Al-Zahar, and this attempt resulted in the death of Al-Zahar’s son and one of his companions. On 6 September, the occupation forces attempted to assassinate Sheikh Ahmad Yasin and Ismail Hanieh by bombarding their location with a bomb launched by an F-16 fighter jet, destroying the house and damaging a number of neighboring houses. Following the two bombing operations in Jerusalem and the Tserefim military camp near Al-Ramla on 9 September, the Israeli government on 11 September decided in principle to remove President Yasser Arafat (by exiling or killing him). This decision was made under the pretext that he is responsible for bombing or armed operations inside Israel or against the settlements, as well as under the pretext that he is an obstacle to peace. This unjust decision came approximately two years after President Arafat was isolated and besieged in the Muqata’a headquarters in Ramallah. During 2003 Israel hastened to build the Separation Wall around and deep into the occupied Palestinian territories in the West Bank, and a section of the wall envelops Jerusalem. The Wall—at this stage as well as upon its completion—carries destructive, long-term ramifications for the various aspects of Palestinian citizens’ lives and rights, both individually and as a nation. In this chapter, PICCR addresses the most prominent Israeli violations of Palestinian citizens’ rights during 2003. By doing so, it reaffirms the gravity of these violations, as well as its conviction that the fundamental violation of citizens’ rights is the continued Israeli occupation of the Palestinian territories. PICCR presents these violations without claiming to provide comprehensive coverage. This chapter addresses Israeli violations within five main sections. The first section treats the legal situation of the Palestinian territories; the second section treats Israeli violations of the right to life, physical well-being, and personal security; the third section treats Israeli violations against freedoms; the fourth section treats Israeli violations against civilian property; and the fifth section treats Israeli violations against the right to freedom of movement and the effects this has on the various aspects citizens’ lives.

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The chapter concludes with a brief analaysis of the occupation forces’ liability for these violations according to international law.

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I. The Legal Status of the Occupied Palestinian Territories The Declaration of Principles was signed between the Israeli government and the Palestine Liberation Organization (PLO) in Washington, D.C., on 13 September 1993. The agreement was made on the basis of United Nations Security Council Resolutions 242 and 338. Israel and the PLO then signed the Gaza-Jericho Agreement in 1994, the Interim Agreement on the West Bank and Gaza Strip in 1995, and the Hebron Agreement in 1997. In 1998, Israel and the PLO signed the Wye River Memorandum on further Israeli redeployment from the West Bank. The two parties later signed the Sharm Al-Sheikh Memorandum on implementation of the Wye River Memorandum in 1999. They also held intense discussions during the period between March and June 2000 and met at Camp David in July of the same year, yet they were unable to reach an agreement on a final solution to all aspects of the Palestinian problem. The Al-Aqsa Intifada then erupted on 29 September 2000 and was continuing as of the end of 2003. In accordance with these agreements, the Palestinian Authority has complete control over 18 percent of the Palestinian territories occupied in 1967, which are classified as Areas A. The Palestinian Authority has civil authority in Areas B, which comprise 21 percent of the territories occupied in 1967, while sharing security control with Israel. The largest percent of the occupied territories, which are known as Areas C, as well as East Jerusalem, remain under complete Israeli control. The Palestinian Authority does not have any jurisdiction in Areas C or occupied East Jerusalem, other than limited authority over Palestinian residents. With its reoccupation of West Bank cities since the beginning of 2002, however, along with its repeated attacks and incursions in various regions of the Gaza Strip, the Israeli government effectively canceled the distinctions delineated in the Oslo Accords between Areas A, B, and C. All areas of the West Bank (with the exception of Jericho, and Bethlehem since the beginning of August 2003) have been under complete security control by the occupation forces til the end of 2003. Regardless of the different classifications of Palestinian territories and the different powers associated with each as per the agreements ratified by the Palestinians and the Israeli government, the West Bank, including East Jerusalem, and the Gaza Strip remain under occupation according to international law. Israel’s fundamental legal obligation, as the occupying power in the Palestinian territories, is the effective application of the Fourth Geneva Convention until the occupation ceases in all areas of the West Bank, including East Jerusalem, and the Gaza Strip. This was affirmed in the statement of the Conference of the High Contracting Parties to the Fourth Geneva Convention, which was held in Geneva on 5 December 2001. This declaration asserts that the High Contracting Parties are deeply concerned over the deteriorating humanitarian conditions of civilians, especially children, in the Occupied Palestinian Territories. It also calls for impartial international observers in the Occupied Palestinian Territories to ensure the application of the Fourth Geneva Convention.1 The United Nations has also issued a series of resolutions condemning the Israeli occupation and affirming the obligation of Israel, as an occupying power, to abide by the Fourth Geneva Convention and the First Additional Protocol of 1977. Prominent among these resolutions is the General Assembly resolution of 20 December 2001.2

1 The statement is available online at http://www.reliefweb.int/w/rwb.nsf/UNID/. 2 Two resolutions were issued at this session. The first demands a halt to acts of violence and recommends the deployment of international observers in the Palestinian areas. The second demands that Israel, as the occupying power, immediately halt killing, torture, and destruction of property in the occupied territories.

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II. Violations of the Right to Life, Physical Safety, and Personal Security The Use of Excessive and Lethal Force against Palestinian Civilians The Israeli military’s use of lethal force against Palestinians during 2003 resulted in the death of no fewer than 627 Palestinians, among them 123 children and 17 women. Sixty-seven people were assassinated or killed willfully, and 50 were killed in operations they initiated against Israelis, whether in the Palestinian territories which were re-invaded or within Israeli settlements. In addition, 26 Palestinians blew themselves up while attacking Israeli targets, and 24 Palestinians were killed under ambiguous circumstances. More than 2,000 Palestinians were injured during 2003.3 Extra-Judicial Executions (Assassinations and Willful Killings) The Israeli occupation forces continued their extra-judicial executions and willful killings of Palestinian activists during 2003. Sixty-seven Palestinians were assassinated or killed willfully by the Israeli forces. Their names are as follows: 1. Rami Mustafa Abu Baker, 24, of Jneid village/Nablus He was killed on 13 January, when the car he was driving was bombarded near the village of Jneid/Nablus. 2. Fayez Sabri Fayez Jaber, 30, of Tulkarem He was killed on 31 January, when he was fired upon in central Tulkarem city. 3. Iyad Khalil Muhammad Musa (Abu Al-Leil), 21, of Jenin Camp He was killed on 31 January, when he was hit by live ammunition during the storming of the place where he was located near the Civil Defense building in Jenin. 4. Mufid ‘Awad Al-Bul, 21, of Al-Zeitoun neighborhood/Gaza 5. Iyad Faraj Shaldan, 23, of Al-Zeitoun neighborhood/Gaza 6. Akram Fahmi Nassar, 32, of Al-Shuja’ieh neighborhood/Gaza 7. Muhammad Ismail Sulmi, 24, of Al-Zeitoun neighborhood/Gaza 8. Ayman Ibrahim Yousef Muhana, 30, Al-Karama Towers/Gaza 9. Nidal Fathi Farhat, 32, of Al-Shuja’ieh neighborhood/Gaza All six were killed on 16 February, when they were hit by shrapnel from the explosion of dynamite that the Israeli army had one of their agents place in a glider being transported to Gaza City. 10. Riyad Hussein Abu Zeid, 33, of Al-Bureij Camp/Central Gaza Governorate 3 Regarding those injured, see the report of the Red Crescent Society, available on their Website at www.palestinercs.org.

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He was killed on 17 February, when he was hit by live ammunition after his car was targeted on the Gaza–Nusseirat Road, near the Netzarim settlement, south of Gaza City. 11. Muhammad Suleiman Badawi Al-Mur, 28, of Yatta/Hebron He was killed on 18 February, when he was hit by live ammunition after his house was stormed in the village of Yatta/Hebron. 12. Ahmad Khaled Najjar Shurafa, 23, of Shweika/Tulkarem He was killed on 22 February, when he was hit by live ammunition after being detained near the village of Shweika/Tulkarem. 13. Ibrahim Ahmad Khaled Al-Maqadmeh, 52, of Al-Nasr neighborhood/Gaza 14. ‘Ala` Muhammad Al-Shukri, 30, of Al-Tufah neighborhood/Gaza 15. Abdel Rahman Zuheir Abdel Rahman Al-Amoudi, 28, of Al-Shati` Camp/Gaza 16. Khaled Hasan Jum’ah, 32, of Jabalya/Northern Gaza Governorate They were killed on 8 March, when they were hit by missile shrapnel when their car was bombarded in central Gaza City. 17. Wathiq Ahmad Ighbariyyeh, 18, of Jenin Camp 18. Rabi’ Hasan Al-Sharqawi, 17, of Al-Zababdeh village/Jenin 19. Osama Ribhi Abu Khalil, 15, of ‘Attil village/Tulkarem 20. Ibrahim Omar Husni Manzil, 20, of ‘Attil village/Tulkarem They were killed on 14 March, when they were hit by live ammunition after they were arrested in one of the houses in Jenin Camp. The nature of their wounds revealed that they were fired upon at close range. 21. Nadir Ibrahim Salameh Jawarish, 26, of Aida Camp/Bethlehem 22. ‘Ala` Al-Din Hasan Muhammad ‘Ayyad, 25, of Aida Camp/Bethlehem 23. Muwafaq Abdel Razeq Muhammad Badwan, 40, of Aida Camp/Bethlehem All three were killed on 25 March, when they were hit by live ammunition when their car was targeted in central Bethlehem. 24. Bader Abdel Ra`ouf Yasin, 23, of Salfit He was killed on 7 April, when he was hit by live ammunition when Israeli Special Forces targeted him in Salfit. 25. Sa’d Musa’id Al-'Arabid, 35, of Al-Shati` Camp/Gaza 26. Ashraf Abdel Rahim Al-Halabi, 25, of Al-Shati` Camp/Gaza

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Both were killed on 8 April, when the car that they were driving was bombarded in the neighborhood of Asqulah, central Gaza City. The assassination operation resulted in the deaths of eight other citizens who happened to be in the spot of the bombardment. 27. Mahmoud Saqer Ragheb Al-Zatmeh, 47, of Rafah He was killed on 10 April, when the car that he was driving was bombarded in the neighborhood of Al-Nasr in Gaza City. 28. Nidal Muhammad ‘Oudeh Salameh, 35, of Khan Younis Camp He was killed on 29 April, when the car that he was driving was bombarded in the city of Khan Younis. 29. Amin Fadil Manzelawi, 28, of ‘Askar Al-Jadid Camp/Nablus He was killed on 7 May, when the house where he was located was bombarded in the village of Zawata/Nablus. 30. Iyad ‘Issa Al-Beik, 28, of Jabalya Camp/Northern Gaza Governorate He was killed on 8 May, when the car that he was driving was bombarded in central Gaza City. 31. Muhammad Jihad Al-Qidreh, 24, of Al-Qararah village/Khan Younis He was killed on 29 May, when he was hit by live ammunition to the head and chest after being detained in his house in the village. 32. Adel Muhammad Hadaydeh, 25, of Khan Younis Camp 33. Hani Ahmad Abdel Fatah Kharyoush, 26, of Khan Younis Camp Both were killed on 5 June, when they were hit by live ammunition after the house where they were located was besieged in the village of ‘Attil/Tulkarem. 34. Tito (Muhammad) Mahmoud Mas’oud, 37, of Jabalya Camp/Northern Gaza Governorate 35. Suheil Nu’man Abu Nahel, 36, of Al-Shati` Camp/Gaza Both were killed on 11 June, when the car they were in was bombarded in the neighborhood of Al-Shuja’ieh/Gaza. Six other people were also killed as a result of this assassination operation. 36. Yasser Muhammad Saleh Taha, 31, of Al-Bureij Camp/Central Gaza Governorate He was killed on 12 June, when the car that he was driving was bombarded in central Gaza City. Seven other persons were also killed as a result of this assassination operation.

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37. Muhammad Adel Daghmash, 23, of Tal Al-Hawa/Gaza 38. Rawi Na’im Abu Kamil, 22, of Al-Zeitoun neighborhood/Gaza Both were killed on 12 June, when the car that they were driving was bombarded in the neighborhood of Al-Zeitoun/Gaza. 39. Saleh Suleiman Jaradat, 34, of Al-Sila Al-Harthieh/Jenin He was killed on 12 June, when he was targeted by live ammunition fired by members of an Israeli Special Forces Unit after they besieged the house where he was in Jenin. 40. Fouad Yousef Al-Liddawi, 26, of Jabalya/Northern Gaza Governorate He was killed on 13 June, when the car that he was driving was bombarded in the neighborhood of Al-Zeitoun/Gaza. 41. Abdullah Abdel Qader Al-Qawasmi, 39, of Hebron He was killed on 21 June, when he was hit by live ammunition after being detained by an Israeli Special Forces Unit in Hebron. 42. Mahmoud Ahmad Shawer, 31, of Qalqilya He was killed on 1 July, when he was hit by live ammunition to the head after being detained in his house in Al-Naqar neighborhood/Qalqilya. 43. Nihad Rizeq Muhammad Qasem, 27, of Tulkarem He was killed on 4 August, when he was hit by live ammunition after being detained in the Kafriyat area, south of Tulkarem. 44. Fayez Farid Hamed Al-Sader, 27, of Askar Al-Qadim Camp 45. Khamis Yousef Abu Salem, 41, of Askar Al-Qadim Camp They were killed on 8 August, when they were hit by shrapnel from a missile targeting their location in a house in Askar Al-Qadim Camp/Nablus. 46. Muhammad Ayoub Seder, 25, of Hebron He was killed on 14 August, when he was hit by shrapnel from shelling targeting his location in Hebron. 47. Ismail Hasan Abu Shanab, 53, of Al-Sheikh Radwan neighborhood/Gaza 48. Hani Majed Abu Al-‘Omrein, 23, of Al-Sheikh Radwan neighborhood/Gaza

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49. Mu`men Muhammad Baroud, 24, of Al-Shati` Camp/Gaza They were killed on 21 August, when the car they were in was bombarded in central Gaza City. 50. Ahmad Rushdi Mustafa Ishtewi, 24, of Al-Zeitoun neighborhood/Gaza 51. Wahid Hamed Subhi Al-Homs, 21, of Yabna Camp/Rafah 52. Muhammad Kan’an Abdel Hay Abu Libdeh, 23, of Brazil neighborhood/Rafah 53. Ahmad Muhammad Abu Helal, 23, of Yabna Camp/Rafah They were killed on 24 August, when they were hit by shrapnel from a missile targeting their car in Al-Sheikh ‘Ijlin neighborhood/Gaza. 54. Hamdi Hasan Kalakh, 36, of Khan Younis He was killed on 28 August, when he was hit by shrapnel from a missile targeting him while he was riding in a cart in central Khan Younis. 55. Abdullah Ibrahim Ali Aqel, 37, of Al-Bureij Camp/Central Gaza Governorate 56. Farid Yousef Meit, 40, of Al-Bureij Camp/Central Gaza Governorate They were killed on 30 August, when they were hit by shrapnel from a missile targeting the car they were driving near Al-Bureij Camp. 57. Khader Badawi Al-Husari, 36, of Al-Shuja’ieh neighborhood/Gaza He was killed on 1 September, when the car he was driving was bombarded in central Gaza City. 58. Khaled Muhammad Mustafa Ma’soud, 26, of Jabalya Camp/Northern Gaza Governorate He was killed on 6 September, as a result of injuries sustained on 26 August, when the car he was in was bombarded in the city of Jabalya. 59. Ahmad Fawzi Abdel Latif Abu Dosh, 25, of Doura/Hebron He was killed on 16 September, when he was hit by live ammunition after being detained in his house in the township of Doura/Hebron. 60. Jihad Izat Abu Sweireh, 34, of Nusseirat Camp/Central Gaza Governorate He was killed on 18 September, when the house he was in was bombarded in Nusseirat Camp. 61. Mazen Yousef Salameh Mubarak, 34, of Shweikeh/Tulkarem He was killed on 1 October, when he was targeted by a Special Forces unit of the Israeli army.

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62. Sirhan Burhan Sirhan, 21, of Tulkarem Camp He was killed on 4 October, when he was hit by live ammunition when his car was targeted in Tulkarem Camp. 63. Khaled Ghazi Al-Masri, 23, of Al-Daraj neighborhood/Gaza 64. Iyad Fa’eq Al-Hilu, 22, of Al-Shuja’ieh neighborhood/Gaza They were killed on 20 October, when they were hit by shrapnel from a missile targeting their car in central Gaza City. 65. Ahmad Atiyeh Khamis, 28, of Qalqilya He was killed on 22 October, when he was hit by live ammunition after being detained in the neighborhood of Kafr Saba/Qalqilya. 66. Muqled Humeid Humeid, 40, of Jabalya Camp/Northern Gaza Governorate 67. Nabil ‘Awad Al-Sharihi, 31, of Al-Nusseirat Camp/Central Gaza Governorate They were killed on 25 December, when they were hit by shrapnel from a missile targeting their car in northern Gaza City. Extra-judicial executions (whether assassinations or willful killings) constitute blatant violations of international humanitarian law, including Article 147 of the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, which regards extra-judicial killing as a grave breach of the convention. Grave breaches, in turn, are regarded as war crimes according to the 1998 Rome Statute of the International Criminal Court. The Rome Statute of this court defines war crimes as: “any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (i) Willful killing; . . . b/(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects . . . ; b/(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defense, has surrendered at discretion; . . . c/(iv) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable; . . . e/(ix) Killing or wounding treacherously a combatant adversary.” Killing and Injury of Palestinian Children No fewer than 123 Palestinian children were killed at the hands of the Israeli occupation forces and settlers during 2003, and scores of children were wounded. The names of the children who were killed and the circumstances of the killings are listed below: - Muhammad ‘Attiyeh Abdel Aziz Dawas, 14, of Jabalya Camp/Northern Gaza Governorate - Tariq Ziad Muhammad Dawas, 16, of Jabalya Camp/Northern Gaza Governorate - Jihad Jum’ah Ahmad Abed, 14, of Jabalya Camp/Northern Gaza Governorate

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They were killed on 1 January, when they were hit by live ammunition while on a farm near the Eli Sinai settlement, northern Gaza Strip. - Tariq Mahmoud Abu Jadou, 17, of Aida Camp/Bethlehem He was killed on 9 January, when he was hit by a live bullet to the stomach at the door of his house during the occupation forces’ incursion into the camp. - Ali Talab Al-Aziz, 8, of Brazil neighborhood/Rafah He was killed on 26 January, when he was hit by shell shrapnel at the door of his house during the occupation forces’ incursion into the neighborhood and shelling of citizens’ houses. - Mustafa Ibrahim Adwan, 10, of Al-Qarareh village/Khan Younis He was killed on 8 February, when he was hit by a live bullet to the head at the door of his house during the occupation forces’ incursion into the village. - Hasan Majdi Al-Ghoul, 8, of Qalqilya He was killed on 11 February, when he was hit by a live bullet to the chest while on a street in Qalqilya during the occupation forces’ incursion into the city. - Aref Omar Besharat, 13, of Tamoun village/Jenin He was killed on 5 February, when he was hit by a live bullet to the head at the door of his house during the occupation forces’ incursion into the village. - Muhammad Rabi’ Al-Sabir, 15, of Nablus He was killed on 19 February, when he was hit by a live bullet to the chest while on a street in the old city of Nablus during the occupation forces’ incursion into the city. - Muhammad Ramadan Al-Kahlout, 16, of Jabalya Camp/Northern Gaza Governorate He was killed on 23 February, when he was hit by a live bullet to the chest during the occupation forces’ incursion into Beit Hanoun/Northern Gaza Governorate. - Muhammad Mahmoud Abu Zahir, 16, of Khan Younis He was killed on 23 February, when he was hit by a live bullet to the heart while with a number of youths on a football playing field in Khan Younis. They were fired upon from a nearby military checkpoint.

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- Nasr Samer Ja’arah, 14, of the old city of Nablus He was killed on 23 February, when he was hit by a live bullet to the head while on a street in the old city of Nablus with a number of youths. The occupation forces invaded the area and opened fire on them. - Ahmad Khalil Abu ‘Alwan, 12, of Tal Al-Sultan neighborhood/Rafah He was killed on 25 February, when he was hit by shrapnel that targeted citizens’ houses in the neighborhood. - Abdel Rahman Mustafa Jadallah, 9, of Khan Younis Camp He was killed on 2 March, when he was hit by a live bullet to the chest while participating in the funeral of two Palestinians from the camp who were killed. - Tareq Muhammad ‘Aqel, 17, of Al-Bureij Camp/Central Gaza Governorate He was killed on 3 March, when he was hit by shell shrapnel that targeted citizens’ houses in the camp. - Ihab Muhammad Nabhan, 14, of Jabalya city/Northern Gaza Governorate - Tha`er Jaber Rihan, 13, of Jabalya city /Northern Gaza Governorate - Hamzeh Jebril Qarmout, 17, of Jabalya city /Northern Gaza Governorate - Maher Ahmad Al-Najjar, 14, of Jabalya Camp/Northern Gaza Governorate They were killed on 6 March, when they were hit by missile shrapnel targeting citizens’ houses in the city of Jabalya. - Baker Muhammad Hawash, 16, of Ra`s Al-Ein/Nablus He was killed on 6 March, when he was hit by a live bullet to the chest at the door of his house as occupation forces made an incursion and opened fire on citizens. - Ilham Ziad Hasan Al-Assar, 3, of Nusseirat Camp/Central Gaza Governorate - Omar Hasan Darwish, 13, of Nusseirat Camp/Central Gaza Governorate - Omar Tawfiq Abu Yousef, 17, of Nusseirat Camp/Central Gaza Governorate They were killed on 17 March, when they were hit by shrapnel targeting citizens’ houses in the camp. - Ahmad ‘Imad Fayez ‘Abahreh, 15, of Jenin He was killed on 24 March, when he was hit by a live bullet to the head while throwing stones at occupation forces in the city. - Christine George Sa’adeh, 13, of Bethlehem

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She was killed on 25 March, when she was hit by a live bullet while in the city centre during the assassination of Nadir Jawarish. - Hakam Bassam Nassar, 12, of Jenin He was killed on 25 March, when he was hit by a live bullet to the pelvis while throwing stones at occupation forces in the city. - Amr Musa Matar, 14, of Qalandia Camp/Jerusalem He was killed on 2 April, as a result of injuries sustained on 28 March while throwing stones at occupation forces at the Qalandia checkpoint/Jerusalem. - Jihad Abdel Aziz Abdel Ru`ouf Nazzal, 14, of the Nazzal neighborhood/Qalqilya He was killed on 3 April, when he was hit by a live bullet to the chest while in his house during the occupation forces’ invasion of the neighborhood. - Yousef Riyad Abu Nadi, 16, of Al-Maghazi Camp/Central Gaza Governorate He was killed on 6 April, when he was hit by live ammunition while at the door to his house during the occupation forces’ invasion of the camp. - Talib Jum’ah Badriyeh Shamlakh, 17, of Al-Sheikh ‘Ijlin neighborhood/Gaza He was killed on 7 April, when he was hit by a live bullet to the abdomen while near the Netzarim settlement, south of Gaza City. - Sami Hasan Qasim, 17, of Al-Zeitoun neighborhood/Gaza - Ahmad Khamis Al-Ashram, 13, of Al-Zeitoun neighborhood/Gaza Both were killed on 8 April, when they were hit by missile shrapnel during the assassination operation targeting Sa’d Al-Arabid in central Gaza City. - Ahmad Rashad Abu Al-Qumsan, 16, of Jabalya/Central Gaza Governorate He was killed on 9 April, when he was hit by a live bullet to the chest during the occupation forces’ invasion of Salah Al-Din Street, east Jabalya. - Yousef Abdel Razek Yehya, 16, of Tulkarem He was killed on 17 April, when he was hit by a live bullet to the head while throwing stones at occupation soldiers during their invasion of Tulkarem. - Mahmoud Ahmad Abu Koush, 15, of Rafah

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He was killed on 19 April, when he was hit by a live bullet to the abdomen during the occupation forces’ invasion of Yabna Camp/Rafah. - Muhammad Ibrahim Al-Hamaydeh, 14, of Al-Shaburah/Rafah He was killed on 19 April, when he was hit by a live bullet to the abdomen during the occupation forces’ invasion of Yabna Camp/Rafah. - Abdel Rahman Zuhdi Abed, 16, of ‘Azoun village/Qalqilya He was killed on 20 April, when he was hit by live ammunition while on the main street near the village. - Mes’ab Ibrahim Jaber, 17, of Jenin Camp He was killed on 28 April, when he was hit by a live bullet to the head during the occupation forces’ invasion of Jenin Camp. - Amir Ahmad Ayyad, 2, of Al-Shuja’ieh neighborhood/Gaza City - Muhammad Abdel Nasser Al-Dahdouh, 13, of Al-Shuja’ieh neighborhood/Gaza City - Ahmad Ramadan Al-Tatar, 13, of Al-Shuja’ieh neighborhood/Gaza City They were killed on 1 May, when they were hit by live ammunition during the occupation forces’ invasion of the neighborhood. - Zahi Majdi Hijazi, 15, of Balata Camp/Nablus He was killed on 4 May, when he was hit by a live bullet to the head while throwing stones at occupation soldiers during their invasion of the camp. - ‘Ilayan Sa’di Al-Bashiti, 18 months, of Khan Younis He was killed on 7 May, when he was hit by a live bullet to the head while inside his house when occupation soldiers stationed around the Gadid settlement opened fire on Palestinian houses in the area. - Ahmad Seif Al-Din Al-Hamshari, 16, of Tulkarem Camp He was killed on 8 May as a result of injuries sustained when he was hit by a live bullet to the head upon his return from school. - Dhiya` Nasif Ghawadreh, 15, of Jenin He was killed on 14 May, when he was hit by a live bullet to the neck while on a street in Jenin during the occupation forces’ invasion of the city.

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- Zuheir Khaled Abu Jarrar, 15, of ‘Izbat Beit Hanoun/Northern Gaza Governorate He was killed on 15 May, when he was hit by a live bullet to the head while on a street in Beit Hanoun during its invasion by the occupation forces. - Muhammad Nabil Al-Za’anin, 15, of Beit Hanoun/Northern Gaza Governorate He was killed on 15 May, when he was hit by a live bullet to the head while in his house during the occupation forces’ invasion of Beit Hanoun. - Khaled Ziad Naser, 15, of Jabalya Camp/Northern Gaza Governorate He was killed on 18 May, when he was hit by a live bullet to the pelvis while throwing stones at occupation forces during their invasion of Beit Hanoun. - Ramez ‘Ayed Khalil ‘Arar, 17, of Bani Zeid village/Ramallah He was killed on 21 May, when he was hit by a live bullet to the abdomen while on a street in the village during its invasion by the occupation forces. - Samer Nizar ‘Arar, 11, of Bani Zeid village/Ramallah He was killed on 26 May, when he was hit by a live bullet to the head at the door to his house during the occupation forces’ invasion of the village. - Muhammad Nasim Amin ‘Awad, 16, of Tulkarem He was killed on 27 May, when he was hit by a live bullet to the heart upon his return from school during the occupation forces’ invasion of Tulkarem. - Kamal Amjad Nawahdeh, 15, of Al-Yamoun/Jenin He was killed on 27 May as a result of injuries sustained during the occupation forces’ invasion of Jenin. - Amir Khalil Abdel Latif Habali, 16, of Tulkarem Camp He was killed on 3 June as a result of injuries sustained when he was hit by a live bullet to the abdomen while at the door to his house during the occupation forces’ invasion of the camp. - Ibrahim Abdel Fattah Abu Hableh, 14, of Tulkarem He was killed on 5 June as a result of injuries sustained when he was hit by a live bullet to the eye upon his return from school during the occupation forces’ invasion of Tulkarem.

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- Afnan Yasser Muhammad Taha, 3, of Al-Bureij Camp/Central Gaza Governorate She was killed on 12 June, when she was hit by missile shrapnel as the car she was in was targeted in an assassination operation targeting her father in Gaza City. - Amal Nimer Salim Jarousheh, 8, of Gaza City She was killed on 15 June as a result of injuries sustained on 10 June, when she was hit by missile shrapnel in the assassination attempt against Dr. Abdel Aziz Rantisi in central Gaza City. - Muhammad Sharif Kabha, 5, of Barta’a Al-Sharqiyeh/Jenin He was killed on 25 July, when he was hit by a live bullet to the head when he was in his family’s car near the Barta’a checkpoint near Jenin. - Ahmad Muhammad Ahmad Al-Hindi, 15, of Deir Al-Balah/Central Gaza Governorate He was killed on 2 August, when he was hit by shrapnel from the explosion of ordinance left by the Israeli army near his house. - Munir Baker Abu Hein, 15, of Al-Shuja’ieh neighborhood/Gaza He was killed on 5 August, when he was hit by shrapnel from the explosion of ordinance left by the Israeli army in the neighborhood of Al-Shuja’ieh/Gaza. - Said ‘Awad Ghanem, 15, of Tulkarem Camp He was killed on 20 August, when he was hit by live ammunition while at the Billiards Hall in central Tulkarem Camp during an incursion into the camp by Israeli Special Forces. - Muhammad Ibrahim Ba’lousheh, 17, of Al-Saftawi neighborhood/Jabalya/Northern Gaza Governorate He died on 27 August as a result of injuries sustained on 26 August, during an assassination attempt against Hamas activists in Jabalya Camp. - Ayah Muhammad Fayad, 9, of Al-Nimsawi neighborhood/Khan Younis Camp She was killed on 30 August, when she was hit by shrapnel during the targeting of Palestinian houses in Al-Nimsawi neighborhood. - Sana` Jamil Al-Da’our, 9, of Jabalya/Northern Gaza Governorate She died on 2 September as a result of injuries sustained on 26 August, during an assassination attempt against Hamas activists in Jabalya Camp.

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- Muhammad Abdullah Abu Al-Hasneh, 17, of Jabalya city/Northern Gaza Governorate He was killed on 6 September, when he was hit by live ammunition during an incursion into east Jabalya by occupation forces. - Tha`er Mansour Al-Siyouri, 13, of Hebron He was killed on 9 September, when he was hit by live ammunition after occupation forces surrounded the building where he lived in Hebron and fired inside it. - Ahmad Ghaleb Salim Tahayneh, 15, of Al-Sila Al-Harthiyeh/Jenin He was killed on 10 September, when he was hit by live ammunition while on the way to his house; the occupation forces claim that he approached the separation wall. - Ahmad Thabet Taha Abu Latifeh, 12, of Qalandia Camp/Jerusalem He was killed on 14 September, when he was hit by a live bullet to the chest during confrontations that took place with occupation forces near the Qalandia military checkpoint. - Shadi ‘Awni Mansour, 15, of the old city of Nablus He died on 22 September as a result of injuries sustained a year before during an incursion into the old city of Nablus by occupation forces. - Muhammad ‘Issa Hamdan, 16, of Yabna Camp/Rafah He was killed on 24 September, when he was hit by live ammunition to the chest while in his house during an incursion into Yabna Camp by occupation forces. - Lina Hasan ‘Issa, 3, of Al-Bureij Camp/Central Gaza Governorate She was killed on 25 September, dying of fear and shock from the intensity of a missile bombardment during an incursion into Al-Bureij Camp by occupation forces. - Hussein Samir Hasan Alawi, 13, of Tel Al-Hawa/Gaza He was killed on 1 October, when he was hit by a live bullet to the head while in his house during an incursion into his neighborhood by occupation forces. - Muhammad Ayman Yousef Barahmeh, 9, of Tulkarem Camp He was killed on 4 October, when he was hit by live ammunition to the chest during the occupation forces’ assassination operation against Sarhan Sarhan.

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- Mustafa Abdel Qader Al-Badrasawi, 18 months, of Khan Younis He died on 4 October as a result of injuries sustained on 2 October, during an incursion into the city of Khan Younis by occupation forces. - Ibrahim Ahmad Al-Qureinawi, 8, of Rafah He was killed on 10 October, when he was hit by a live bullet to the abdomen while in his house during an incursion into the city by occupation forces. - Sami Talal Salah, 15, of Rafah, He was killed on 10 October, when he was hit by a live bullet to the head near his house during an incursion into the city by occupation forces. - Mabrouk Muhammad Joudeh, 16, of Rafah He was killed on 10 October, when he was hit by a live bullet to the head near his house during an incursion into the city by occupation forces. - Yahya Hassan Mahmoud Rihan, 17, of ‘Izba Shoufeh/Tulkarem He was killed on 18 October, when he was hit by a live bullet to the chest during confrontations that took place with occupation forces during their incursion into the city of Tulkarem. - Shadi Abu Alwan, 14, of Rafah He was killed on 19 October, when he was hit by a live bullet to the head while in his house during an incursion into the city by occupation forces. - Muhammad Ziad Muhammad Baroud, 12, of Al-Nusseirat Camp/Central Gaza Governorate He was killed on 20 October, when he was hit by shrapnel from a missile targeting a civilian car at the entrance to the camp. - Muhammad Ismail Al-Hamaydeh, 11, of Deir Al-Balah/Central Gaza Governorate He was killed on 24 October, when he was hit by a live bullet to the abdomen while on his way to pray at a mosque near his family’s house. - Baha` Muhammad Jaber Al-Zubeidi, 12, of Balata Camp/Nablus He was killed on 29 October, when he was hit by live ammunition to the abdomen while at the entrance to the camp.

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- Salah Abdel Ghafar Asad, 16, of Al-Nusseirat Camp/Central Gaza Governorate He died on 29 October as a result of injuries sustained when a civilian car was bombarded at the entrance to the camp. - Mahmoud Sabri Al-Qayid, 11, of Al-Sabra neighborhood/Gaza City He was killed on 7 November, when he was hit by a live bullet to the chest near his house during an incursion into Gaza City by occupation forces. - Mu’taz Wasef Al-Amoudi, 15, of Burqin village/Jenin He was killed on 8 November, when he was hit by live ammunition during confrontations that took place with occupation forces during their incursion into the village. - Ahmad Muhannad Nafe’ Mar’i, 8, of Jenin Camp He died on 9 November as a result of injuries sustained on 8 November, from a live bullet to the head during an incursion into the camp by occupation forces. - Shadi Na’im Abu Anzeh, 14, of Block O/Rafah He died on 11 November as a result of injuries sustained on 10 November, from a live bullet to the head near his house during an incursion into the camp by occupation forces. - Saboh Mazen Saboh, 15, of Burqin village/Jenin He died on 13 November as a result of injuries sustained on 8 November, from a live bullet to the head during confrontations that took place with occupation forces during their incursion into the village. - Ahmad Marwan Hanani, 14, of Beit Furik/Nablus He was killed on 15 November, when he was run over by a military vehicle during confrontations that took place in the village. - Ibrahim Ali Al-Jalamneh, 11, of Jenin He was killed on 22 November, when he was hit by a live bullet to the chest during confrontations that took place with occupation forces during their incursion into the city. - Rashad Tawfiq Abdel Rahman, 16, of Yatta/Hebron He was killed on 25 November, when he was hit by a live bullet to the abdomen during confrontations that took place during an incursion into the town by occupation forces.

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- Mu’ayad Mazen Eid Hamdan, 9, of Al-Amari Camp/Ramallah He was killed on 1 December, when he was hit by a live bullet to the head near his house during an incursion into the camp by occupation forces. - Muhammad Ahmad Zahran, 16, of Deir Abu Masha’al village/Ramallah He was killed on 2 December, when he was hit by live ammunition during confrontations that took place during an incursion into the village by occupation forces. - Jihad Musa Al-Akhras, 16, of Rafah He was killed on 5 December, when he was hit by live ammunition upon approaching the border fence near Rafah crossing. - Suleiman Muhammad Al-Atrash, 17, of Yabna Camp/Rafah He was killed on 11 December, when he was hit by a live bullet to the abdomen during an incursion into the Salam neighborhood/Rafah by occupation forces. - Nur Al-Din Ahmad ‘Izat Omran, 16, of Deir Al-Hatab village/Nablus He was killed on 20 December as a result of injuries sustained on 17 December, from live ammunition during an incursion into Balata Camp/Nablus by occupation forces. - Muhammad Na’im Al-A’raj, 5, of Balata Camp/Nablus He was killed on 20 December, when he was hit by a live bullet to the chest during an incursion into the camp by occupation forces. The killing of Palestinian children is considered a blatant violation of the United Nations General Assembly’s 1974 Declaration on the Protection of Women and Children in Emergency and Armed Conflicts, the General Assembly’s 1959 Declaration regarding the Rights of the Child, and the 1989 Covention on the Rights of the Child. These violations constitute an infraction of numerous provisions of the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. Israel is also considered liable for the injury and death of children and other Palestinian civilians caused by the explosion of mines, the remains of the army’s ammunition, and suspect exploding devices, in accordance with the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-traps and other Devices, issued in Geneva on 10 October 1980.4

4 Article 2 of this Protocol defines a mine in the following terms: “‘Mine’ means any munition placed under, on or near the ground or other surface area and designed to be detonated or exploded by the presence, proximity or contact of a person or vehicle.” It defines a booby-trap in the following terms: “‘Booby-trap’ means any device or material which is designed, constructed or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.”

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Examples of Heinous Crimes Committed by the Occupation Forces, Resulting in the Deaths of Scores of Palestinians, Most of them Civilians (Especially in the Gaza Strip) Incident in Al-Zeitoun Neighborhood/Gaza City On 26 January, the occupation forces invaded the neighborhood of Al-Zeitoun/Gaza and opened fire, resulting in the deaths of 12 citizens. Those killed in the incident are as follows: - Ashraf Samih Kheil, 27 - Muhammad Rashad Yousef ‘Obeid, 25 - Ahmad Hasan Al-Qayumi, 24 - ‘Ala` Zuheir Khalifeh, 23 - Muhammad Akram Badawi Al-Nakhaleh, 21 - Ahmad Shehadeh Ahmad ‘Abed, 23 - Rami Fathi Hasan ‘Issa, 27 - Iyad Bader Jebril ‘Akawi, 22 - Wisam Fayez Hasan ‘Issa, 27 - Mustafa Zuheir Jaber Rahmi, 25 - Khaled Ali Hasan Shallouf, 17 - Amjad Yousef Al-Hattab, 16 Incident in Al-Shuja’ieh and Al-Tufah Neighborhoods/Gaza City On 19 February, the occupation forces invaded the neighborhoods of Al-Shuja’ieh and Al-Tufah in Gaza City and began firing. This led to the deaths of eight citizens, including three who were killed when the house they were in was bombed. Those killed in the incident are as follows: - Abdel Karim Sha’ban Bakroun, 23 - ‘Amer Mahmoud Al-Dayeh, 23 - Abdel Rahman Fawzi Al-Qassas, 25 - Said Nahid Al-Hilou, 26 (house demolished while he was inside) - ‘Ala` Nahid Al-Hilou, 21 (house demolished while he was inside) - Tamer Darwish Al-Qatta’, 23 (house demolished while he was inside) - Muhammad Salim Mahmoud Al-Sahloub, 18 - Munzir Marwan Al-Safadi, 27 Incident in Beit Hanoun/Northern Gaza Governorate On 23 February, the occupation forces invaded Beit Hanoun/Northern Gaza Governorate and began firing. This led to the deaths of eight citizens, one of whom was inside a house when it was demolished. Those killed in the incident are as follows: - Ahmad ‘Eid Muhammad ‘Afaneh, 17 - Muhammad Serhan Hweileh, 28 - Muhammad Ramadan Yousef Al-Kahlout, 16 - Ayman Muhammad Abu Sharar, 32 - Bara` Fayez Al-Afifi, 17 - Wa`el Muhammad Al-Gharabawi, 31 - Abdullah Muhammad Al-Sabi’ Al-Kafarneh, 52 (house demolished while he was inside) - Muhammad Yousef Ahmad Al-Aloul, 25

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Incident in Al-Bureij Camp/Central Gaza Governorate On 3 March, the occupation forces invaded Al-Bureij Camp/Central Gaza Governorate and began firing. This led to the deaths of eight citizens, one of whom was inside a house when it was demolished. Those killed in the incident were as follows: - Muhammad Ali Al-Babli, 22 - Tareq Muhammad ‘Aqel, 17 - Nuha Sabri Sweidan, 33 (house demolished while he was inside) - Fadi Fayez Al-Hawajri, 18 - Mu’tasem Al-Khalili ‘Aqel, 27 - Maher Khamis al-Rifa’i, 24 - Walid Abdel Karim Al-Khatib, 24 - Rami Yousef ‘Awad, 18 Incident in Jabalya Camp and Jabalya City/Northern Gaza Governorate On 6 March, the occupation forces invaded Jabalya Camp and city/Northern Gaza Governorate and began firing. This led to the deaths of 11 citizens. Those killed in the incident were as follows: - Muhammad Shehadeh Al-Bayari, 61 - Na`el Mahmoud Abu Sidou, 30 - Ihab Muhammad Nabhan, 14 - Naji Ismail Abu Jalilyeh, 35 - Muhsen ‘Awad Abu ‘Oudeh, 30 - Hamdi Othman ‘Obeid, 23 - Tha`er Jaber Rihan, 13 - Baha` Khalil Abu Wardeh, 18 - Abdel Rahman Ahmad Miqdad, 21 - Hamzeh Jebril Qarmout, 17 - Maher Ahmad Al-Najjar, 14 Incident in Al-Nusseirat Camp/Central Gaza Governorate On 17 March, the occupation forces invaded Al-Nusseirat Camp/Central Gaza Governorate and began firing. This led to the deaths of seven citizens, one of whom was inside a house when it was demolished. Those killed in the incident were as follows: - Ilham Ziad Hasan Al-Assar, 3 - Muhammad Rajab Al-Sa’afin, 35 (house demolished while he was inside) - Omar Tawfiq Abu Yousef, 17 - Omar Hasan Darwish, 13 - Ibrahim Hasan Al-Ya’coubi, 25 - Said Hasan Al-Tawil, 18 - Iyad Bashir Abu Zureiq, 18 Incident in ‘Asquleh/Neighborhood/Gaza City On 8 April, the occupation forces bombarded a car in central Gaza City with the goal of assassinating Sa’d Al-Arabid, 35, and Ashraf Al-Halabi, 25. Afterwards, citizens gathered around the bombed car and were

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fired upon by an Israeli helicopter, resulting in the deaths of the two men targeted in the operation as well as eight other citizens. Those others killed in the incident were as follows: - Omar Kamil Nassar, 22 - Sami Hasan Qasim, 17 - Mahmoud Samir Farwaneh, 30 - Ahmad Khamis Al-Ashram, 13 - Muhammad Saber Basal, 20 - Fadi Ibrahim Toutah, 18 - Muhammad Suleiman Toutah, 19 - Mahmoud Muhammad Ali Al-Louh, 21 Incident in Yabna Camp/Gaza City On 19 April, the occupation forces invaded Yabna Camp, near the Palestinian-Egyptian border in Rafah, and fired on citizens gathered in the streets, resulting in the deaths of six citizens, among them children. Those killed in the incident were as follows: - Mahmoud Ahmad Abu Koush, 15 - Muhammad Ibrahim Al-Hamaydeh, 14 - Hussein Mahmoud Zanoun, 22 - Said Ibrahim Al-Masri, 28 - Sa’di Jum’ah Hadayed, 26 - Khaled Muhammad Jarbou’, 22 Incident in Shuja’ieh Neighborhood/Gaza City At approximately 1:30 A.M. on Thursday, 1 May, more than 40 Israeli military vehicles accompanied by helicopters invaded the neighborhood of Shuja’ieh with the goal of detaining a person wanted by the occupation forces. They opened fire on citizens with shells and live ammunition, resulting in the deaths of 13 citizens, among them three children and two people who were killed when their house was demolished with them inside. Those killed in the incident were as follows: - Amir Ahmad ‘Ayyad, 2 - Muhammd Abdel Nasser Al-Dahdouh, 13 - Ahmad Ramadan Al-Tatar, 13 - Baker Hussein Salem Muheisen, 41 - Abdullah Faraj Al-Omrani, 21 - Muhammad Kamal Abu Zareineh, 30 - Nasser Omar Halles, 36 - Muhammad Na’im Basel Na’im, 20 - Rami Khader Sa’d, 25 - Shehdeh Muhammad Al-Gharabli, 64 - Yousef Khaled Abu Hein, 30 (house demolished while he was inside) - Mahmoud Khaled Abu Hein, 38 (house demolished while he was inside) - Ayman Khaled Abu Hein, 29 Incident in Beit Hanoun/Northern Gaza Governorate

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On 15 May, the occupation forces invaded the town of Beit Hanoun/Northern Gaza Governorate and began firing in the direction of citizens, resulting in the deaths of five people, among them children. Those killed in the incident were as follows: - Abdel Qader Ali Abu Al-Ka`s, 22 - Zuheir Khaled Abu Jarad, 15 - Muhammad Nabil Al-Za’anin, 15 - Khalil Nabil Qarmout, 33 - Nidal Muhammad Ikrayem, 24 Attempt to Assassinate Dr. Abdel Aziz Rantisi On 10 June, the occupation forces bombarded a civilian car in central Gaza City with the goal of assassinating Hamas leader Dr. Abdel Aziz Rantisi. The bombardment resulted in the deaths of four citizens who were in the area of the bombardment, among them one woman and one child. Those killed in the incident were as follows: - Khadrah Yousef Abu Hammad, 50 - Mustafa Abdel Rahman Saleh, 34 - Amal Nimer Jarousheh, 8 - Hamed Yousef Haboush, 40 Assassination of Tito Mas’oud and Suheil Abu Nahel On 11 June, the occupation forces bombarded a civilian car in the neighborhood of Al-Shuja’ieh/Gaza City with the goal of assassinating Hamas members Tito (Muhammad) Mahmoud Mas’oud, 36, and Suheil Nu’man Abu Nahel, 30. The bombardment resulted in the deaths of seven other citizens who were in the area, among them two women. Those others killed in the incident were as follows: - Yasser Hasan Khalil Hmeid, 35 - Khalil Hasan Khalil Hmeid, 42 - ‘Azam Husni Al-Ju’l, 40 - Samyah Mahmoud Muhammad Dalloul, 20 - Majedeh Mamoud Muhammad Dalloul, 24 - Yasin Subhi Murtaja, 52 - Rateb Mahfouz Al-Ju’l, 52 Assassination of Yasser Taha On 12 June, the occupation forces bombarded a civilian car in central Gaza with the goal of assassinating Hamas member Yasser Muhammad Salah Taha, 32. The bombardment resulted in the deaths of seven other people who were in the area, among them the wife and child of Yasser Taha, who were with him in the targeted car. Those others killed in the incident are as follows: - Islam Abdullah Taha, 25 - Afnan Yasser Muhammad Taha, 3 - Sa`ed Ziad Ghabayin, 30 - Jihad Jaser Al-Sa’oudi, 36

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- Ahmad Abdel Fatah Muhammad Samour, 30 - Muhammad Khalil Matar, 34 - Salim Said Saleheh, 42 Incident in Rafah/Gaza On 10 October, the occupation forces invaded the city of Rafah and opened fire on civilians and houses. Seven citizens were killed as a result, including three children who were inside their homes. Those killed in the incident were as follows: - Ibrahim Al-Qureinawi, 8 - Nader Ahmad Abu Taha, 22 - Atweh Muhammad Muhsen, 22 - Muhammad Ahmad Abdel Wahab, 23 - ‘Ala` Nu’man Mansour, 33 - Sami Talal Salah, 15 - Mabrouk Muhammad Joudeh, 16 Incident in Al-Nusseirat Camp/Central Gaza Governorate On 20 October, the occupation forces bombarded a civilian car at the entrance to Al-Nusseirat Camp, with the aim of assassinating Hamas activists. Afterwards, citizens gathered around the bombed-out car, whereupon a helicopter warship fired a missile, killing 12 civilians, including two children and a physician aiding the wounded. More than 75 were injured in this incident. Following the incident, many questions were raised regarding the type of weapon used in the operation—which caused such a large number of civilian injuries—especially in light of the many puncture holes in the bodies of those hit. Investigations into the type of weapon—and whether it is banned internationally—are ongoing. Those killed in the incident were as follows: - Mahdi Ismail Jarbou’, 20 - Abdel Halim Muhammad Tabazeh, 23 - Atiyeh Yousef Younis, 20 - Zein Al-Abedin Muhammad Shahin, 35 (a physician) - Muhammad Ziad Baroud, 12 - Muhammad Shteiwi Al-Masri, 23 - Ahmad Eid Khalifeh, 49 - Ayoub Musbah Al-Malek, 21 - Muhammad Tawfiq Hathat, 22 - Ibrahim Muhammad Tabazeh, 25 - Mas’oud Ali Ayash, 35 - Salah Abdel Ghafar Asad, 16 Al-Salam Neighborhood/Rafah Camp/Gaza On 11 December, the occupation forces invaded the Al-Salam neighborhood of Rafah Camp with the aim of finding a wanted person. As a result of firing upon citizens’ houses, they killed six citizens, including a child. Those killed in the incident were as follows: - Suleiman Muhammad Al-Atrash, 17 - Sabri Ahmad Abu Louli, 25

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- Ayad Muhammad Al-Mahmoum, 50. - Omar Fawzi Abu Muhsen, 28 - Muhammad Rajab Zeinou, 23 - Nasser Muhammad Abu Al-Naja, 28 Assassination of Miqled Himeid/Gaza City On 25 December, the occupation forces bombarded a civilian car in the Al-Saftawi neighborhood of Gaza City, with the aim of assassinating Islamic Jihad member Muqled Humeid. The bombardment killed five citizens, including Miqled Himeid, in addition to injuring more than 15 civilians in the area. It appears that the type of weapon used in this incident was the same as that used in Al-Nusseirat Camp on 20 October. Those killed in the incident are as follows: - Nabil ‘Awad Al-Shareihi, 31 - Miqled Himeid Himeid, 40 - Ashraf Hasan Radwan, 19 - Said Awad Abu Rukab, 32 - Wa`el Muhammad Al-Daqran, 35 Attacks by Israeli Settlers on Palestinian Civilians Israeli settlers continued to attack Palestinian civilians and their property during 2003. These attacks led to, among other things, the deaths of a number of Palestinians and injury of others. These included the following: - On 2 January, an Israeli settler ran over Khleif Abdel Rahman Khleif, 58, of ‘Azoun/Qalqilya, as he was walking on the main street in the city of Qalqilya, resulting in his death. - On 12 January, a settler opened fire on Hazim Adnan Funoun Al-Tamimi, 27, of Hebron, hitting him with a live bullet to the abdomen that led to his death. - On 17 January, individuals from Kiryat Arba and Kharsina settlements, near the city of Hebron, attacked citizens’ houses in nearby neighborhoods, injuring a number of citizens and damaging a number of houses. - On 13 March, a group of settlers attacked and injured Ya’qoub Omar Amer, 57, of Salfit, as he was tending his sheep. - On 14 March, a group of settlers from the neighborhood of Beit Hadassa, in central Hebron city, attacked citizens and their houses on the Street of the Martyrs, injuring Arafat Al-Bayed, 9, and Khalid Al-Khatib, 35. - On 12 April, some settlers from the Kiryat Arba settlement, near Hebron, physically assaulted a number of farmers in the neighborhood of Beit ‘Einoun in Hebron, inflicting various injuries. - On 13 April, an Israeli settler ran over Muhammad Ahmad Ismail Jawabreh, 11, of Al-Arroub Camp, north of Hebron, on street no. 60, which connects the Hebron and Bethlehem governorates, resulting in his death. - On 29 April, a number of settlers in Hebron physically assaulted Iman Muhammad Abu ‘Isheh, 6, of Hebron, as she was on her way to school. She sustained injuries from the assault.

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- On 30 April, Rayiq Mas’oud Daraghmeh, 31, was killed after being hit by live ammunition to the chest fired by a settler from the Beit Ha’Arava settlement in the Jordan Valley, as he was heading to his house in the village of Tayasir/Tubas/Jenin after work. - On 30 April, a number of settlers brutally attacked Muhammad Mahmoud Haroun Al-Fararjeh, 32, of Bethlehem, at his workplace in Jerusalem, resulting in his death. - On 4 October, Said Muhammad Said Suleiman, 40, of ‘Ejja village/Jenin, died as a result of injuries sustained approximately a year earlier from a live bullet fired by a member of the Tarsila settlement near the village. - On 28 December, settlers from the settlement enclave in central Hebron attacked residents of the city, injuring a number of them, including two children: Shaher Muhammad Al-Ja’bari, 15, and Anas Al-Bayed, 15. Cruel, Degrading, and Inhuman Treatment The Israeli occupation authorities continued their inhuman and degrading treatment of Palestinian civilians in 2003, particularly at military checkpoints and during raids and arrest operations. Examples of these heinous and inhumane practices include the following: - On 6 December, the occupation forces raided the house of Salah Abdel Qader Amr in Hebron, forcing the residents to leave for many hours. The male residents were forced to stand facing a wall for the whole period. - On 6 December, the occupation soldiers forced a number of citizens from the Wadi Al-Haryeh area of the city of Hebron to remove their clothes for many hours in the extreme cold. - In February 2003, a female Israeli soldier working at the Tufah checkpoint near the Neve Dekalim settlement, in the central Gaza Strip, forced a Palestinian woman from the Al-Muwasi area/east Khan Younis, to drink a poisonous substance. As a result, she suffered burning in the mouth and esophagus in addition to convulsions. - On 16 September, an occupation soldier at the Surda checkpoint near Ramallah physically assaulted Muhammad Sari Rizeq Omar, 16, of Al-Mazra’ah Al-Gharbiyeh/Ramallah. - On 14 December, occupation forces physically assaulted farmer Jaber Mahmoud Mar’i, 67, of Zeita village/Tulkarem, after an argument between him and Israeli guards of the separation wall. The argument stemmed from his attempt to reach his land through the Ras Rumaneh Gate at the entrance of the village of Baqah Al-Sharqiyeh. - On 24 December, soldiers stationed at the Beit Fourik military checkpoint at the entrance of Nablus forced pedestrians crossing through the checkpoint to proceed wearing only their undergarments. Those who refused to strip off their clothes were denied passage. - On 27 December, occupation soldiers stationed at the checkpoint at the entrance to the village of Al-Sawahara Al-Sharqiyeh, near East Jerusalem, made citizens wait for many hours without permitting passage.

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- On 28 December, occupation soldiers stationed at the Sarra checkpoint, west of Nablus, brutally beat Nazmi Hamoudeh Ahmad Al-Sheikh, 43, of Sanniriya village/Qalqilya. He was one of many who were assaulted and humiliated by soldiers at this checkpoint.5 The occupation soldiers stationed at military checkpoints also continued during 2003 to force young Palestinian men to “choose” the punishment they preferred (such as having one’s hand, leg, or nose broken). This has become known as “punishment by lottery.” Soldiers used this new practice on young men during the latter part of 2002, especially in the city of Hebron. For example, a young man from one of the villages surrounding Ramallah was assaulted and detained by occupation soldiers near a checkpoint. They took him to a vacant mountainous area and asked him to choose from a number of slips of paper; he “chose” a piece of paper that had “kick legs” written on it. The soldiers then kicked him until he collapsed and was unable to get up, and, immediately afterward, they transported him to the hospital for treatment. Another of the new practices used by occupation soldiers is writing on the hands of citizens crossing through military checkpoints, or drawing on them using a sharp instrument. These practices were concentrated at the entrance to Nablus. During April 2003, for example, a soldier stationed at the checkpoint west of Nablus used a piece of glass to draw a Star of David on the arm of Qasem Kayed ‘Oweisat, 19, of Qalqilya, as he was returning from Al-Najah University in Nablus to his house in Qalqilya. During the first week of May 2003, soldiers stationed at the Huwara checkpoint near the entrance to Nablus wrote numbers or the phrase “denied passage” on the hands of citizens wanting to enter or exit the city. Those citizens whose hands were written on included Hamdi Jabali, 50, of Beita/Nablus, and ‘Ahed Muhareb, 25, of Huwara/Nablus. Attempts to Bury Citizens Alive On 13 June, occupation forces supported by military vehicles and bulldozers invaded the villages of Beit Rima and Deir Ghasaneh/Ramallah and imposed a curfew. They then approached one of the caves near the house of Walid Al-Barghouthi in the Sheikh Gheith area of the village of Deir Ghasaneh. According to the report of Khalid Walid Salah Dar Dawoud, 26, of Deir Ghasaneh/Ramallah, given to a PICCR researcher, after storming the village the occupation forces used megaphones to demand that those in the aforementioned cave exit before they blew it up. After a number of minutes, the forces blew up the cave and placed earth over the entrance, despite the presence of citizens inside. After the forces withdrew from the area, residents removed the earth from the entrance to the cave and rescued the three citizens inside. 5 See further, the B’tselem report issued on 5 January 2004, entitled: Abuse of Palestinians at the Sarra Checkpoint, Nablus District 27th – 31st December 2003. See the Internet site at http://www.btselem.org.

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III. Violations of Freedoms Arbitrary Detentions During 2003 the occupation forces continued their campaigns of arbitrary arrest almost daily, taking in thousands of Palestinians. As of 23 June, 130 citizens from the Hebron governorate were being detained under claims by the occupation forces that they were Hamas activists. Moreover, a large number of Palestinian detainees have been transferred to administrative detention. The occupation forces also detained family members of those who carried out bombing operations inside the Green Line and of those who carried out armed operations against settlers and soldiers inside the occupied territories, as well as of those wanted by the occupation forces for activist involvement in the Intifada. Although the occupation authorities released 100 detainees on 8 June 2003, following the Aqaba Summit held on 3 June, as of 31 December there still remained 6,206 Palestinian detainees, distributed as follows: 2,518 in the main prisons, 3,397 in military detention centers, and 291 in other detention centers. Among the 6,206 detainees, 669 were being held in administrative detention, 275 were children, 77 were women, and 117 were in solitary confinement.6 Also among the detainees were Palestinian Legislative Council members Marwan Barghouthi and Husam Khader; PLO Executive Committee member Abdel Rahim Malluh; Hasan Yousef, one of the leaders of Hamas; and other political leaders. Further, the occupation authorities’ practices against Palestinian civilians in this regard, especially administrative detention and arrest for extended periods without trial, are a blatant violation of the right to not be arbitrarily detained without charge, as well as the right to a fair trial with all legal guarantees of defense. The occupation authorities are also violating international standards, under which an arrestee must be informed of the reasons for his or her arrest; the family of the arrestee must be immediately notified of the place of detention; and the arrestee has the right to meet with his or her lawyer without delay. Credible sources in the human rights field—Palestinian as well as non-Palestinian—affirm that the Israeli security agencies continue to practice the following forms of torture: placing the detainee in a chair for long periods and tying his hands behind his back with metal ties, while tying his legs together and forcing them back underneath the chair; seating the detainee for long periods next to an air conditioner that expels cold air and then next to a machine that expels hot air; violent shaking, which is known as “banana shaking” used in Moskobiya detention center; and sleep deprivation.7 Torture is used on children detainees as well, especially at the time of arrest. Occasionally, Israeli prison authorities conducted raids of prison cells, beating prisoners and firing tear gas—in many cases resulting in injuries among prisoners. For example, on 2 March, a number of detainees at Ketse’ot prison in the Negev were injured when they were fired upon by rubber bullets and tear gas due to their protest against the prison administration’s foot-dragging in improving their detention conditions. On 7 July, a force made up of police and border guards stormed the Ramla women’s prison, where they assaulted and fired tear gas at prisoners; as a result some of the prisoners sustained severe injuries and were thereupon transported to the Ramla prison hospital. On 31 July, a military force stormed Ashkelon prison, where they assaulted and fired tear gas at detainees, resulting in the injury of approximately 100 of them. On 20 August, a number of prisoners at Megido prison sustained injuries from rubber bullets and tear gas bombs during their protest against the transfer of a group of fellow-prisoners to Al-Naqab desert prison. 6 According to the Mandela Institute for Political Prisoners. 7 See the Website of the Palestinian Prisoners’ Society at http://www.ppsmo.org.

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Some Israeli prisons and detention centers continued to lack appropriate health facilities. Most prisons suffer from a lack of cleanliness, cramped space, and the spread of mice and cockroaches. Moreover, prison administrations are not always bound to provide prisoners with the medical treatment in accordance with the status of the patient or the doctor’s prescription. The prison administrations prevent outside physicians from examining patients or following up their treatment, despite the fact that prisons lack on-site physician specialists—or even qualified nurses. On 19 February, detainee Walid Muhammad ‘Issa Amr, 40, of the town of Doura/Hebron, died at Nafha prison in the Negev due to administrative foot-dragging in providing him with the required treatment when he was suffering from bronchitis. On 8 December, detainee Bashir Muhammad ‘Oweis, 27, of Balata Camp/Nablus, died in Al-Afula hospital after suffering a stroke at Megido prison. In Al-Naqab desert prison, there are 200 detainees suffering from various illnesses while the detention center administration drags its feet in providing the required medical treatment. Prisons and detention centers continued to suffer from overcrowding. In response to a petition on this matter presented by the organization Physicians for Human Rights – Israel on 1 July 2002, the Israeli High Court of Justice issued a final ruling on 24 June 2003 affirming that the state of Israel was in violation of the law, and prohibiting a continuation of the current situation, in which detainees are sleeping on the floor. The same ruling demanded that the state submit a periodic report to the Court by no later than 31 December 2003 showing constant reduction in the number of detainees sleeping on the floor. According to Physicians for Human Rights, the petitioning organization, detainees sleep on the floor in most detention centers, and some of the centers exceed their occupancy capacity by more than 100 detainees. The period covered by this report also witnessed hunger strikes in protest against poor detention conditions. On 27 June, detainees at the Nafha and Bir Al-Sabi’ prisons went on hunger strike in solidarity with prisoners Ahmad Al-Barghouthi and Musa Doudin, who were at the Ramla prison hospital due to deteriorating health following their own hunger strike to protest their solitary confinement. On 6 July, 900 detainees at the Ashkelon prison declared a hunger strike to protest the Israeli government’s decisions related to unfair criteria for releasing Palestinian prisoners. On 1 August, prisoners at the Shatta, Nafha, Bir Al-Sabi’, and Hadarim prisons declared a one-day hunger strike to protest the assault on prisoners at Ashkellon prison. On 9 September, 27 Palestinian prisoners in the Qedumim military detention camp, located near Tulkarem, began an open hunger strike to protest the assault of prisoners as well as the difficult conditions prisoners must endure. The Israeli authorities continued to detain thousands of Palestinian prisoners outside the borders of the Palestinian territories occupied in 1967. This is a breach of Article 76 of the Fourth Geneva Convention, which stipulates that: “Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein.” Deportation or Exile of Palestinian Civilians During the course of the Al Aqsa Intifada, which broke out at the end of September 2000, the occupation authorities have implemented two different types of deportation of two types: deportation from the country and internal deportation. Internal deportation means exile from one area and transfer to another within the occupied territories, in what is known as “forcible transfer.” The occupation authorities carry out punishment by exile or forcible transfer with the support of the Israeli High Court of Justice, which issued a number of decisions affirming the legal soundness of military orders commanding the forcible transfer of Palestinian citizens from the West Bank to the Gaza Strip. In the beginning of December 2003, the Israeli High Court of Justice issued a decision permitting the deportation of 17 Palestinians from West Bank cities to the Gaza Strip. On 18 May, Mahmoud Al-Sa’di was deported to the Gaza Strip; prior to that, Al-Sa’di had been held in detention for a year without trial on the claim

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that he had helped to carry out bombing operations inside Israel. On 14 October, the occupation authorities issued a decision to deport 18 administrative detainees from the West Bank to the Gaza Strip, but on 15 October the Israeli High Court of Justice issued a stay order preventing the decision from being carried out due to an objection put forth by a number of Palestinian organizations concerned with prisoners’ affairs. Subsequently, however, the court approved the deportation orders. The following table displays the Palestinians forcibly transferred from the West Bank to the Gaza Strip during 2003 (name, age, address, and deportation date):

No. Name Age Village/City Date 1 Muhammad Suleiman Al-Sa’di 35 Jenin Camp 5/18/2003 2 Ragheb Rateb Bader 35 Talouza village/ Nablus 5/22/2003 3 Nader Muhammad Sawafteh 29 Tubas/ Jenin 5/22/2003 4 Samir Muhammad Bheis 29 Yatta/ Hebron 5/25/2003 5 Walid Khaled Ali 32 Sakaka/ Nablus 5/25/2003 6 Baha` Ali Al-Qadi 22 Sureif/ Hebron 5/25/2003 7 Kamal Muhammad Musa Idris 33 Jabal Jawhar/ Hebron 11/10/2003 8 Taha Ramadan Rateb Al-Dweik 32 Hebron 11/13/2003

9 Ahmad Hussein Muhammad Meshkah 27 Jenin 11/23/2003

10 Samer Subhi Muhammad Bader 27 Beit Liqia/ Ramallah 11/23/2003 11 ‘Ala` Fu`ad Ibrahim Husouneh 28 Nablus 11/23/2003 12 Hussam Abdullah ‘Oudeh 27 Qalqilya 12/4/2003

13 Munzer Muhammad Younis Al-Ju’beh 24 Hebron 12/4/2003

14 Raja ‘Attallah Hirzallah 31 Bethlehem 12/4/2003 15 Ly’ai Muhammad Ribhi Dawoud 29 Qalqilya 12/4/2003 16 Ghanem Tawfiq Sawalmeh 38 Balata Camp/ Nablus 12/4/2003 17 Sami Hussein Al-Sous 21 Jenin 12/4/2003 18 Rasem Khetab Mustafa 26 Ramallah 12/4/2003 19 Rami Fawaz Hajiji 34 Ramallah 12/4/2003 20 Shadi Ismail Ayash 28 Salfit 12/5/2003 21 Samer Abdel Ghani Abu Zeineh 27 Hebron 12/5/2003 22 Hani Hamdan Al-Rajabi 30 Hebron 12/5/2003 23 Nasser Yousef Jum’ah Salameh 28 Bethlehem 12/5/2003 24 Mustafa Hasan Al-Abed 26 Nablus 12/31/2003

The deportation or forced exile of any citizen from his or her place of residence, whether to a location within or outside of the country, is one of the harshest forms of punishment, and it constitutes a blatant violation of the rules of international humanitarian law—in addition to negating the most basic of humanitarian values. Moreover, deportation is considered a war crime by the Fourth Geneva Convention and the Statute of the International Criminal Court. Article 49 of the Fourth Geneva Convention Relative to the Protection of Civilians in Time of War states that “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.” Article 147 of the Convention prohibits the occupying power from deporting protected citizens and considers doing so a war crime. Likewise, Article 7 of the Rome Statute of the International Criminal Court prohibits the occupying power from forcibly exiling citizens.

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Assaults on the Freedom of Work of Medical Personnel During 2003 the occupation forces continued to attack the right to life, well-being, and freedom of movement of medical personnel working in the occupied Palestinian territories. Israeli soldiers fired in the direction of members of Palestinian medical teams and ambulances using bullets, tear gas, and even shells. They also stormed hospitals and medical centers. Four members of medical teams were killed during the year, and a number of others were injured. On 5 February, occupation forces killed two nurses after a sniper fired on them while they were carrying out their work at Al-Wafa` hospital in Gaza City: Abdel Karim Hamed Anwar Labad, 22, of the city of Jabalya/Northern Gaza Governorate, was killed by a live bullet to the heart; and Omar Sa’d Al-Din Ali Hassan, 22, of Al-Zeitoun neighborhood/Gaza, was also killed by a live a bullet to the heart. On 20 October, physician Zein Al-Abedin Muhammad Shahin, 35, of Al-Nusseirat Camp/Central Gaza Governorate, was killed when he was hit by shrapnel from a missile targeting civilians as they were aiding those wounded during a bombardment targeting a civilian car at the entrance of Al-Nusseirat Camp. On 11 December, paramedic Muhammad Rajab Zeinou, 23, of Brazil neighborhood/Rafah, was killed by a live bullet to the head as he was attempting to aid those wounded when occupation forces opened fire during their incursion into Al-Salam neighborhood/Rafah. On 23 December, paramedic We`am Rezeq Musa, 22, was killed by a live bullet to the head as he was attempting to aid those wounded as a result of occupation forces’ incursion into the Al-Qasas neighborhood of Yabna Camp/Rafah. On 6 March, the occupation forces fired shells during their invasion of Jabalya Camp/Northern Gaza Governorate/Gaza, and a number of medical team members were hit as they were transporting the wounded: ‘Awwad Ahmad Abu Marseh, Yusri Ayesh Al-Masri, Jihad Abdel Karim Abu ‘Ataya, and Muhammad Shehdeh Al-Muqayed. Three ambulances also sustained various damages. On 27 December, an Israeli border guard force used their rifle butts to beat aid worker Rami Shamlawi, 24, as he was attempting to aid one of the wounded in the Rafidiya neighborhood/Nablus after the occupation forces invaded the neighborhood and imposed a curfew. On 5 February, occupation forces assaulted a delegation from the international organization Doctors Without Borders as they were trying to enter the Al-Muwasi area to provide medical services to residents. Even though the visit was coordinated beforehand, the occupation forces denied the delegation entry and physically assaulted them at Al-Tufah checkpoint in Khan Younis. The occupation forces also bombarded and stormed hospitals and medical centers, injuring a number of patients and employees, in addition to damaging the buildings. On 18 January, occupation forces stormed the ‘Alya, Al-Muhtaseb, Al-Ahli, and Al-Mizan hospitals in Hebron. They searched the various departments and obstructed the work of medical personnel. On 11 June, occupation forces closed off the entrances of Al-Za’tari maternity hospital in Hebron with dirt barriers for more than a month, thereby hindering patients, doctors, and employees from reaching the hospital. On 26 August, the Rafidiya and Al-Watani hospitals were stormed in Nablus on the pretext of searching for militants or wanted persons. On 25 October, occupation forces stormed Rafidiya hospital and Al-Injili hospital in Nablus and detained a number of patients.8 The Israeli assaults on Palestinian medical personnel and facilities constitute a blatant violation of the Fourth Geneva Convention of 1949 Relative to the Protection of Civilian Persons in Time of War. Article 20 of the Convention states that “Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected.” Likewise, Article 12 of the 1977 First Geneva Protocol states that “Medical units shall be respected and protected at all times and shall not be the object of attack.” Article 8/b-24 of the 1998 Rome Statute of the International Criminal Court considers directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems in conformity with international law to be war crimes.

8 For more information on Israeli assaults on Palestinian medical personnel and facilities, see the Website of the Palestinian Red Crescent Society at http://www.palestinercs.org.

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Assaults on the Freedom of Work of Journalists and Media Institutions During 2003 the occupation forces continued their assaults on the freedom of journalists and employees of domestic and foreign news agencies. Media professionals were exposed to gunfire by occupation forces, resulting in the death or injury of a number of them. Journalists were also exposed to beating and humiliation, and were prevented from covering certain events and from entering some areas where events were taking place. Further, the occupation authorities decided to revoke the press cards of scores of Arab and Palestinian journalists after accusing them of bias and lack of objectivity in covering events in the occupied territories. The Israeli government press office also prepared a “black list” containing the names of those journalists, correspondents, and photographers whose press cards were revoked. Examples of assaults against journalists during 2003 include the following: - On 19 April, journalist Nazih Adel Darwazah, 38, of Nablus, working as a cameraman for Palestine T.V., was killed after being hit by a live bullet to the head while covering events in the city. - On 19 April, journalist Nasser Suleiman Ishtayeh, 34, of Salem village/Nablus, working for the American Associated Press agency, was hit by a metal bullet to the right ankle while covering events in Nablus. - On 2 May, British journalist James Muller, 23, working for the American H.P.O. media institution, was killed after being hit by live ammunition while shooting a documentary film on the life of Palestinians in the Brazil neighborhood/Rafah. - On 19 May, occupation soldiers physically assaulted journalist Sha’ban Qandil, a cameraman for the ANN Arab satellite channel, and Joseph Handal, a cameraman for French television’s Channel Two, in Beit Sahour/Bethlehem. Both journalists suffered broken bones and bruises. Attacks against journalists and media institutions constitute a violation of Article 79 of the First Geneva Protocol of 1977 in addendum to the Fourth Geneva Convention of 1949, which stipulates that: “Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1 [and] shall be protected as such under the Conventions and this Protocol.” Measures against Peace Activists and Human Rights Activists The occupation forces continued their assaults against the freedom of foreign peace activists in the occupied Palestinian territories to carry out their work. On 16 March, occupation forces killed American peace activist Rachel Corrie as she was trying to prevent an Israeli military bulldozer from bulldozing citizens’ houses in Rafah Camp. Following this incident, the occupation forces prevented scores of international peace activists from entering the Palestinian territories until they signed an acknowledgement absolving Israel from liability in cases of death or injury resulting from military activities by the Israeli forces. The occupation forces also detained foreign human rights and peace activists in the West Bank because they entered Palestinian areas without obtaining permission from the military commander in the region. Further, the occupation forces prevented many hundreds of foreigners working in solidarity with the Palestinians from entering Israel—and thus from reaching the occupied Palestinian territories. - On 5 February, the occupation forces attacked a delegation from the international organization Doctors Without Borders as they were trying to enter the Al-Muwasi area near Khan Younis to provide medical services to the residents.

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- On 9 May, the occupation forces stormed the branch headquarters of the International Solidarity Movement (ISM) in Beit Sahour. They detained three peace activists, among them Miranda Sissons, a researcher for the Human Rights Watch, who was issued a deportation order. When Human Rights Watch intervened, order was dropped and she was released the following day. - On 25 June, the occupation authorities prevented European doctors from Holland and Belgium from entering the occupied Palestinian territories out of fear that their goal was to gather evidence against practices of the occupation soldiers for the purpose of later accusing them of committing war crimes. Violations of the Right to Worship During 2003 Israeli assaults on Palestinian religious places continued. Opening fire in the direction of mosques in various areas of the West Bank resulted in the death of Nasser Mustafa Mas’oud Abu Safieh, 32, as he was exiting a mosque in the old city of Nablus on 19 February, and the death of Muhammad ‘Aref Yousef ‘Oufeh, 24, as he was going to pray in the Tulkarem Camp mosque on 20 February. During 2003 a number of mosques in the Gaza Strip were demolished, including the following: - On 22 February, the occupation forces demolished Salah Al-Din Mosque in Block J/south of Rafah. - On 3 March, the occupation forces demolished Al-Taqwa Mosque in Al-Bureij Camp/Central Gaza Governorate. - On 5 March, the occupation forces demolished Al-Nour Mosque in the Brazil neighborhood/Rafah. Israeli attacks on places of worship are in violation of Article 53 of the 1977 First Geneva Protocol, which prohibits targeting places of worship that constitute the cultural or spiritual heritage of peoples. Article 8/b of the 1998 Rome Statute of the International Criminal Court considers deliberate attacks on buildings dedicated to religious purposes to be war crimes. IV. Israeli Attacks on Palestinian Civilian Property House Demolitions During 2003 the occupation forces continued to destroy private property in the various areas of the West Bank and Gaza Strip. They damaged no fewer than 2,000 residential units, completely demolishing more than 791 of them. In addition, the Israeli authorities continued their policy of demolishing the houses of families of those who carried out operations against Israeli targets and of those who are wanted by the occupation forces for their activist involvement in the Intifada. During 2003 more than 142 houses were demolished for this reason. Among the most notable operations involving the complete demolition of citizens’ houses during the year was the destruction of approximately 250 residential units in the Rafah governorate, especially those houses near the border fence between Egypt and the Palestinian territories. The occupation authorities claim that these houses concealed tunnels linking the Palestinian territories to Egypt which were used for smuggling arms and supplies.

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Sealing off Houses in East Jerusalem During 2003, the occupation forces sealed off a number of houses in East Jerusalem on the pretext that the residents were being detained for activist involvement in the Intifada. Examples include the following: - On 14 January, the occupation forces sealed off the family house of detainee Wa`el Mahmoud Muhammad Qasem, 31, of the Silwan neighborhood/Jerusalem. It is 100 square meters in area and housed six people. - On 14 January, the occupation forces sealed off the family house of detainee Muhammad Ishaq Shehadeh Oudeh, 29, of the Silwan neighborhood/Jerusalem. It is 100 square meters in area and housed four people. - On 14 January, the occupation forces sealed off the family house of detainee ‘Ala` Mahmoud Muhammad ‘Abbasi, 30, of the Silwan neighborhood/Jerusalem. It is 95 square meters in area and housed five people. Demolition of Houses for Lack of Permits The occupation authorities continued to demolish Palestinian houses on the pretext that the owners did not have building permits. During 2003 they demolished 61 Palestinian houses for this reason. These demolitions fall within the Israeli policy aiming to reduce the number of Palestinians in East Jerusalem. The Israeli Jerusalem Municipality usually carries out house demolitions under the protection of the Israeli police and members of the intelligence and Special Forces. Destruction of Industrial Workshops and Commercial Stores Destruction operations extended to industrial workshops and commercial stores in the West Bank and Gaza Strip. - On 6 January, the occupation forces bombarded a metal workshop in Al-Zeitoun neighborhood/Gaza. - On 6 January, the occupation forces bulldozed an electrical parts factory in southern Gaza City. - On 11 January, the occupation forces invaded the city of Khan Younis and destroyed several industrial workshops on the pretext that they were being used for mortar manufacture: an aluminum workshop, an iron gate workshop, a furniture woodworking shop, a car repair shop, and a workshop for manufacturing solar storage tanks. A number of commercial stores were also destroyed. - On 18 February, the occupation forces blew up a plastics factory and two iron workshops in the neighborhood of Al-Tufah/Gaza. - On 24 August, more than 115 commercial stores were destroyed in the village of Nazlat ‘Issa in the Tulkarem governorate in the northern West Bank for the purpose of construction on the separation wall. - On 22 December, a fuel station in the town of Halhoul/Hebron was demolished on the pretext of its close proximity to bypass road no. 60. The Israeli attacks on the aforementioned residential houses and civilian sites and property constitute a blatant violation of the norms of international humanitarian law. Article 53 of the Fourth Geneva

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Convention stipulates that any destruction by the occupying power of property belonging to individuals, or to the state, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. Article 147 of the Convention prohibits “destruction or appropriation of property not justified by military necessity.” Such violations are considered grave breaches of the Convention. Such vandalism and destruction of civilian property on a wide scale is inexplicable, except in the context of collective punishment or revenge against Palestinian civilians, both of which are prohibited by the Fourth Geneva Convention under Article 33, which prohibits “the punishment of any protected person for an offense that he or she has not personally committed.” Closure of Official Palestinian Institutions in East Jerusalem and Revocation of Residency Rights During 2003 the Israeli occupation authorities shut down a number of Palestinian public and civil society institutions that provided services to Palestinian citizens in East Jerusalem and the surrounding villages. On 17 February, they closed the Social Research Center in the neighborhood of Wadi Al-Jouz/East Jerusalem for a period of six months, and on 6 August, they closed the Arab Graduates Club in the same neighborhood for a period of six months. Also on 6 August, the closure of the Orient House, the Chamber of Commerce, the High Council of Arab Tourism, the Social Research Center, and the Palestinian Political Prisoners Club was extended for another six months. Moreover, the occupation authorities flagrantly and systematically worked to reduce the number of Palestinian residents in East Jerusalem by confiscating identity cards and subsequently revoking permanent residency rights. The Israeli authorities based these actions on the 1952 Law of Entry into Israel. In accordance with the regulations set forth in this law, the Israeli Ministry of the Interior revokes the identity cards of Palestinian residents of Jerusalem who reside outside of the city, whether for purposes of employment or study. A large number of Palestinians were forced to leave the city due to their inability to obtain permanent residency permits for their spouses or children. According to the Law of Entry into Israel, Palestinian residents of Jerusalem are unable to bestow city residency rights upon their relatives unless doing so is deemed necessary for family reunification. According to the Israeli Ministry of the Interior, most requests for reunification of Palestinian residents and their spouses were refused during 2003. By making the conditions and procedures required to obtain Israeli citizenship or permanent residency in East Jerusalem or Israel more stringent, during July 2003 the Citizenship Law and Law of Entry into Israel were amended. According to the amendment, requests to obtain Israeli citizenship or permanent residency in Israel or East Jerusalem are not reviewed if one spouse is a resident of the territories under Palestinian National Authority control. This prohibition remains in effect until August 2004. This biased policy forces Palestinian families whose members desire reunification to choose between living inside the city illegally (which carries the risk of fines, imprisonment, or expulsion) and living outside of the city (which carries the risk of losing the right to permanent residency). In addition, the Israeli Ministry of the Interior refuses to register a Palestinian child as a Jerusalem resident if the child’s father does not have an Israeli identity card, despite the fact that the 1974 Law of Entry into Israel authorizes child registration through the identity card of the mother. As a result, many Palestinian children in East Jerusalem are prohibited from receiving health care within the obligatory health insurance system, as well as from studying at government schools in the city.

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Closure of Educational Institutions and Charitable Associations in the Hebron Governorate During 2003 the occupation authorities shut down a number of educational institutions and charitable associations operating in the Hebron governorate. Examples include the following: - On 12 January, the Israeli army commander of the central region issued an order closing Hebron University and Palestine Polytechnic Institute in Hebron for a period of six months. On 12 July, the closure was extended until 16 August 2003. - On 29 April, the Israeli army commander of the central region issued an order closing three charitable associations in the Hebron governorate: the Islamic Charitable Association and the Muslim Youth Association in the city of Hebron, and the Doura Charitable Association in the township of Doura. The decision for closure is effective until 23 May 2005. Bulldozing of Agricultural Land and Uprooting of Fruit Trees The occupation authorities continued to uproot fruit and forest trees and destroy water wells, irrigation networks, greenhouses, and animal pens. During 2003 the occupation forces bulldozed no less than 3,570 dunams of land. The bulldozing of land and uprooting of trees during the year were carried out for the purpose of erecting what is called “the security fence” dividing Palestinian lands and Israel, or for the purpose of protecting settlements and settlers, especially in the areas that the Israeli authorities claim are used to launch attacks. Land was also bulldozed for the purpose of laying bypass roads, expanding settlements, and erecting new settlement outposts. This bulldozing was concentrated in the border areas of the Gaza Strip, the northern West Bank, and alongside roads used by settlers. Palestinian farmers were also subject to attacks by settlers, who at times prevented them from working on their lands located near settlements, as well as to harassment by the occupation army, which at times prevented them from reaching their lands behind the separation wall—especially in the Tulkarem, Qalqilya, and Jenin governorates. Settler Attacks on Palestinian Property During 2003 settlers bulldozed swaths of Palestinian agricultural land and attacked Palestinian property. Examples include the following: - On 23 February, settlers from the Har Sinai settlement, near Hebron, bulldozed 200 dunams of citizens’ land with the aim of annexing it to the settlement. - On 23 February, settlers from the Beit Hagai settlement, south of Hebron, bulldozed approximately 50 dunams of citizens’ land with the aim of annexing it to the settlement. - On 13 March, settlers from the Susiya settlement, north of Yatta/Hebron, bulldozed approximately 15 dunams of citizens’ land with the aim of annexing it to the settlement. - On 14 March, settlers from the Nahal Negahout settlement, east of Doura/Hebron, bulldozed approximately 70 dunams of citizens’ land east of Doura with the aim of annexing it to the settlement. - On 14 April, a number of settlers from Hebron set three Palestinian cars on fire in the city.

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- On 12 July, settlers from the Mizpe Lakhish settlement, located on the land of Doura/Hebron, occupied the house of Kayed Shaker Al-Sweiti. - On 12 July, settlers from the Har Sinai settlement, located on the land of Hebron, took over a three-dunam strip owned by the Da’na family. - On 19 September, settlers from the Ariel settlement, located on the land of the Salfit governorate, uprooted olive trees on Kefel Haris village land located near the settlement. - On 15 October, settlers from the Ariel settlement razed approximately 70 dunams of land planted with about 400 olive trees in the Al-Zawiyeh village/Salfit. - On 3 November, settlers from the Halmish settlement, located on land of the village of Bani Zeid Al-Gharbiyeh in the Ramallah governorate, expropriated scores of dunams of land belonging to the Al-Nabi Saleh village. - On 9 December, settlers from the Beit Hagai settlement, located south of Hebron, expropriated approximately ten dunams of land belonging to the citizens of Al-Rihiyeh village, located near the settlement. - On 12 December, settlers from the Shuut Rahel settlement expropriated approximately 1,700 dunams of land belonging to the citizens of the Turmusayya village/Ramallah with the aim of expanding the settlement. Settlement and Seizure of Land for Military Purposes During 2003 the occupation authorities continued to expand settlements and erect new settlement outposts. Six settlement outposts were set up during the year, most of which were built in the West Bank.9 These new outposts included the Nofei Nehemia site, east of the Ariel settlement, located on the land of Salfit, and the Giv’at Gil’ad site, south of Nablus. During 2003 the occupation authorities seized thousands of dunams of Palestinian land for the purpose of erecting settlement outposts or for other settlement-related purposes. Examples include the following: - On 1 April, the Israeli army commander in the Bethlehem region issued a decision expropriating scores of dunams of agricultural land belonging to the residents of the Husan and Nahalin villages in the Bethlehem governorate for the purpose of expanding the Bitar ‘Illit settlement. - On 24 June, the occupation authorities issued an order expropriating 25 dunams of land from the area of Al-Kafriyat, south of Tulkarem, for the purpose of erecting a new military checkpoint. - On 20 July, the occupation authorities expropriated 230 dunams of land in the Qeizan Al-Najjar area/Khan Younis for the purpose of expanding the borders of the Morag settlement. - On 21 July, the occupation authorities expropriated 182 dunams of land belonging to the villages of Al-Sheikh Sa’d, Al-Khas, and Al-Nu’man for the purpose of expanding the settlements surrounding Jerusalem. 9 According to a report issued by the Israeli movement Peace Now, published in the Al-Quds newspaper on 15 April 2003.

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- On 4 August, the occupation authorities bulldozed 150 dunams of land belonging to the village of Wad Foukin/Bethlehem for the purpose of expanding the borders of the Bitar ‘Illit settlement. - On 21 August, the occupation authorities expropriated 35 dunams of land near the Belal Ibn Rabah Mosque (Rachel’s Tomb), north of Bethlehem. - On 24 August, the occupation authorities expropriated 300 dunams of land belonging to the village of Baqah Al-Sharqiyeh, near the Qaffin Triangle in the northern Tulkarem governorate. - On 24 August, the occupation authorities notified residents of the villages of Beit Iksa, Beit Sourik, and Qolonya, northwest of Jerusalem, of their intention to expropriate more than 1,628 dunams of their land. - On 21 October, the occupation forces proceeded to bulldoze 200 dunams of agricultural land in the Al-Sawahra Al-Sharqiyeh area and uprooted nearly 500 olive trees. - On 21 November, more than 20 dunams were expropriated from the village of Beit ‘Awa/Hebron for the purpose of settlement. Approximately 250 olive trees were uprooted at the same site. - On 23 November, more than ten dunams of land were expropriated from the village of Al-Ramadin, near Al-Dhahiriyeh/Hebron for the purpose of laying a settlement road to serve the nearby Sansanah settlement. - On 2 December, the occupation forces bulldozed swaths of land in the Jabal Al-Mukaber neighborhood/Jerusalem, paving the way for erection of a new settlement outpost named Not Zahav. - On 2 December, the occupation forces proceeded to bulldoze swaths of land in the Al-Buweira area of the Hebron governorate, near the Har Sinai settlement. - On 7 December, the occupation authorities bulldozed more than 40 dunams of land belonging to the Al-Buweira neighborhood/Hebron for the purpose of laying a settlement road to serve the neighboring Har Sinai settlement. Settlement constitutes a violation of international humanitarian law. Article 49 of the Fourth Geneva Convention stipulates that: “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies,” and Article 8/b of the Rome Statute of the International Criminal Court regards settlement as a war crime. Moreover, the United Nations Security Council and General Assembly have issued a number of resolutions demanding that Israel stop building or expanding settlements and affirming the settlements’ illegality. The Separation Wall’s Destructive Ramifications on Palestinians’ Lives (Especially in the Northern West Bank) In April 2002, the occupation authorities began building a separation wall cutting the West Bank off from Israel. The northern section of this wall has been completed, beginning near the Salem checkpoint, west of Jenin, and ending near the village of Kafr Qasem, south of Qalqilya—extending 110 km. Rapid work is taking place to complete construction of the wall surrounding Jerusalem, at a length of 76 km—only 25 km of which have been finished thus far. Construction on the southern section of the wall has not yet begun; it is expected to be 215 km in length. Likewise, construction on the eastern section of the wall has not yet commenced.

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As of the end of 2003, construction of the separation wall had led to the expropriation of more than 60,000 dunams of land, most of which is located in the northern West Bank and Arab Jerusalem. It also led to the uprooting of approximately 83,000 fruit trees, the destruction of approximately 37 km of irrigation networks, and the destruction of approximately 15 km of agricultural roads. Upon completion of the wall’s construction, the remaining Palestinian areas, which the wall will surround, will make up less than 50 percent of the West Bank. Completion of construction on the wall will isolate approximately 115,000 Palestinians in 53 villages located between the separation wall and Israel. Moreover, 28 Palestinian residential centers, in which approximately 150,000 Palestinians reside, will become isolated enclaves surrounded by the wall on all sides. Further, the location of 102 residential centers in areas adjacent to the wall’s eastern side means that 402,000 Palestinians will require special permits to travel to fields, schools, workplaces, and medical or health facilities. In the northern West Bank, where wall construction is complete, 5,200 Palestinians are living in a closed military zone located between the wall and the Green Line and require permits even to reside in their homes. Educators, business people, and farmers all require special permits, which may be denied or revoked based on the discretion of military officials. Even for permit holders, the way is only open once or twice daily—and only for a short duration. Commenting on this situation, the Special Rapporteur on the Right to Food for the United Nations Commission on Human Rights declared that: “The building of the security fence through Palestinian land is also threatening the right to food of thousands of Palestinians, leaving many Palestinians separated from their lands or imprisoned by the winding route of the fence/wall or in the closed military zone along the edge of the fence/wall.”10 The area of land that the wall, in practice, annexes to Israel, clearly serves a political goal more than a security one. Among the dangers of continued construction on the wall is that it will prevent the establishment of a geographically contiguous, viable Palestinian state. This ominous danger has driven Palestinians and their allies to raise the issue of the wall before the United Nations General Assembly, which met for this purpose and decided, on 8 December 2003, to request a legal opinion on the wall from the International Court of Justice at The Hague. Palestinians and Israelis began preparing their testimonies to present to the aforementioned court, which is scheduled to start its sessions on 23 February 2004. V. Assaults on the Freedom of Movement The Israeli occupation authorities imposed siege and closures on Palestinian cities, villages, and camps during most days of 2003. Under the pretext of security, Israel isolated Palestinian cities and villages from one another by placing mounds of stone, earth, and cement blocks on the main streets and at the entrances and outlets of all of them. The army also dug trenches and placed cement and barbed wire fences around some villages in addition to closing dirt roads used by Palestinian citizens. As of the end of December 2003, there were scores of permanent checkpoints in the West Bank manned by soldiers, in addition to more than 600 barriers preventing or impeding the movement of people, goods, and vehicles.11 The Israeli occupation forces transformed each city, village, and camp into a large prison. Most of the time, they prevented citizens from entering or exiting their places of residence or employment even on foot. The occupation soldiers also opened fire on citizens passing along side roads, resulting in four deaths and numerous injuries. On 12 April, Nashat Abdul Ra`uf Alawneh, 22, of Azmout/Nablus, died of a heart attack as occupation forces pursued him while he was trying to cross the checkpoint at the entrance to Nablus. On 1 July, Nimer Musa Al-Jayousi, 19, was killed by live ammunition when he approached

10 See further, the report presented by the Special Rapporteur on the Right to Food to the United Nations Committee on Human Rights, Session 60, 31 November 2003. 11 See further, the B’tselem report issued in December 2003, entitled: Medical Personnel Harmed. See the Website at http://www.btselem.org.

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Al-Kafriyat checkpoint, near Tulkarem. On 25 July, Mahmoud Kabha, 5, of Bart’a/Jenin, was killed by a live bullet to the head when he was in his father’s car at the checkpoint near Bart’a/Jenin. On 6 October, Fayez Ahmad Mustafa Salameh, 44, of Anbata/Tulkarem, was killed by a live bullet to the chest when he was in a car traveling near the Annab checkpoint, near Ramin village/Tulkarem. During 2003 there were numerous closures and sieges at the border crossings connecting the occupied Palestinian territories to the outside world: Rafah Crossing between the Gaza Strip and Egypt and Al-Karamah Crossing (King Hussein Bridge) between the West Bank and Jordan. In addition, the occupation authorities prevented Palestinian citizens with Palestinian passports from using Israeli airports. Occupied East Jerusalem remained isolated from the surrounding Palestinian areas in the West Bank, and the West Bank and Gaza Strip remained completely cut off from one another. For months during 2003 the occupation authorities also prevented Palestinian males under 35 years in age from traveling outside the Palestinian territories. This prohibition lasted from the beginning of 2003 until 1 July 2003. Curfew Curfew constitutes a form of house arrest and it brings civil, social, and economic life to a complete standstill in the areas where it is imposed. Some West Bank cities, villages, and camps, with the exception of the city of Jericho, were placed under curfew for varying lengths of time during 2003. The following table shows the duration of curfews in the various West Bank governorates:

No. Region No. of Days Date 1 Ramallah and Al-Bireh Governorate

Cities of Ramallah and Al-Bireh 3 18 May 2, 3 June

Beitunya 2 2, 3 June

Beit Rima and Deir Ghasaneh Villages 2 24 May 13 June

2 Tulkarem Governorate

City of Tulkarem 48

1, 2, 15, 20, 21, 28 January 3 – 9, 18, 23, 26, 27 February

1, 2, 16, 17, 24 April 7 – 11, 24 – 29 May

8, 12 – 15, 24, 27, 28 June 3 July

9, 11 September 9, 10, 14 October

3, 4 November

Tulkarem Camp 5 9, 10, 14 October 3, 4 November

Seida Village 5

8 January 13 March 21 April 20 May 10 June

Shweikeh Village 4 5, 6 February 3, 4 June

Zeita and Baqah Al-Sharqiyeh Villages 1 3 February

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Bal’a Village 1 27 February Deir Al-Ghsoun Village 1 3 June

‘Alar Village 4 20, 21 April

20 May 10 June

3 Qalqilya Governorate

City of Qalqilya 22

6, 27 – 29 January 2, 5, 6 February 19 – 22 March 26, 27 April 18, 19 June

10, 15, 24 September 5, 10 – 12 October

Habla Village 2 26, 27 April

Zeita, Nazlat ‘Issa, and Baqeh Al-Sharqiyeh Villages 3 13 – 15 June

4 Jenin Governorate 5, 10 – 12 October

City of Jenin and Jenin Camp 43

28, 29 January 23 – 26 March

4 – 6, 16, 17 April 27, 29 May 4, 27 June

4 July 21 – 24, 26 August

10, 18, 19, 22 – 25, 28, 29 September

5 – 13 October 7, 8, 27 November

12 December

Tamoun Village 8 4, 5, 29, 30 January 1, 19, 26 February

26 March

Al-Jalameh, Beit Qad, and Jalboun Villages 5 12, 28 January

23, 25, 27 March

Ya’bad Village 5 20, 23, 24 March 7, 8 May

Jaba’ Village 4 29 April 6 May

15, 18 June 5 Nablus Governorate

City of Nablus 17

20 March 21 – 24, 26 – 28 August

1 September 24 – 31 December

Old City of Nablus 11 6, 20 – 29 January

The Eastern part of Nablus and Balata Camp 19

29 – 31 August 1 September 31 December

6 Bethlehem Governorate

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City of Bethlehem 18 3, 4, 8, 9, 15, 16, 18, 19, 22,

24, 26 – 28 January 2, 7, 12 –14 February

Cities of Beit Jala and Beit Sahour 18 3, 4, 8, 9, 15, 16, 18, 19, 22,

24, 26 – 28 January 2, 7, 12 –14 February

Housan Village 20

9, 11, 16 – 19 January 27 – 29 March

6 – 10 November 8 – 13 December

Battir Village 11 27 – 29 June 3 – 10 August

Nahalin Village 3 27 – 29 June 7 Hebron Governorate

City of Hebron* 31

2 February 18 – 23 March

4 – 8, 11, 12, 16, 22, 23, 29 April

17, 18, 20, 24 May 9, 10, 12 – 15 June

1 – 3 September

Old City of Hebron* 55

1, 4 – 8, 11, 12, 16 – 18, 20, 22, 23, 29 April

3, 6, 9, 10, 15, 17 – 31 May 9, 10, 12 – 15 June

4 – 6, 11, 12, 18, 19 July 1 – 3, 5 September

1 – 2 November 23 December

* Night curfew was also imposed on the city of Hebron throughout April, May, and June 2003. Effects of Closure and Siege on the Various Aspects of Palestinians’ Lives A. Education Closure, siege, and curfews hampered the educational process. Throughout 2003, students in the Gaza Strip were unable to enroll in universities and institutes in the West Bank. As a result of siege and the isolation of Palestinian cities from one another, most university students in the West Bank’s southern governorates were unable to enroll in universities in its northern and central governorates, and vice versa. The military checkpoints in the Gaza Strip prevented students from southern Gaza from regularly reaching universities in Gaza City. The tight siege also prevented thousands of educators from traveling between their homes and workplaces with regularity, resulting in faculty shortages at a number of schools. Permanent and temporary military checkpoints likewise exacerbated the hardships faced by students and educators in reaching their schools, occasionally forcing them to travel on foot for long distances under threat of gunfire from soldiers and settlers. In many cases, students and educators were unable to reach their schools even on foot, or they arrived late. Further, the separation wall obstructed students and educators from reaching their schools in some areas due to closure of the wall’s iron gates. In addition, closure, siege, and curfew had a detrimental effect on students’ psychological health as well as on their educational achievement.

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B. Worship The hermetic siege imposed on the West Bank and Gaza Strip since the outbreak of the Al-Aqsa Intifada has prevented Palestinians from praying in Al-Aqsa Mosque. During the five Fridays in the month of Ramadan, Israel imposed a tight siege around the city of Jerusalem and on the entrances to Jerusalem’s Al-Haram Al-Sharif, with the goal of preventing worshippers over the age 40 from entering the Haram courtyard—even if they were Jerusalem residents. The Israeli occupation authorities likewise closed the Ibrahimi Mosque in Hebron a number of times during 2003, especially on Saturdays and Jewish holidays. Closure also prohibited Christian worshippers from the West Bank and Gaza Strip from reaching holy sites in Jerusalem and Bethlehem (except on Christmas Day). C. Economy Siege, closure, and curfew exacted a tight stranglehold on Palestinian workers. The number of work permits issued for work inside Israel was reduced, and procedures for obtaining such permits became more complicated due to lengthy, complex security checks. Moreover, some workers’ permits were confiscated on the pretext of security, and the Israeli Complaints Officer occasionally haggled with workers, trying to blackmail them and compel them to cooperate with the Israeli intelligence in exchange for obtaining work permits or for the return of confiscated permits. The stringent policy in granting permits prevented tens of thousands of Palestinians from working inside Israel. Further, internal closure led to the dismissal of thousands of Palestinian workers from local factories, because these factories had to stop work. Palestinian factories incurred notable damages due to closure, since they fundamentally depend on raw materials imported from Israel or coming through Israeli ports. Agricultural yields likewise incurred damages due to the inability of farmers to reach their fields, the shortage of raw materials, or the complicated export procedures. The Israeli forces prevented Palestinian fishermen from fishing off the Gaza coastline most days of the year. The tourism sector suffered from near total paralysis due to siege and the deterioration of the security situation. Scores of hotels, restaurants, and shops producing and selling Eastern gifts closed their doors, especially in the cities of Bethlehem, Jericho, and Jerusalem. Most of their workers were laid off, joining the ranks of the unemployed. The transportation sector also incurred damages, as thousands of drivers of vehicles and trucks stopped work because the occupation forces prevented them from traveling on the main roads, as well as due to the destruction and neglect of roads. Poverty among Palestinians exceeded 55 percent due to the falling income rate, and unemployment exceeded 30 percent.12 D. The Health Situation/Deaths at Military Checkpoints The hermetic siege and closure adversely affected the medical and health situation of Palestinian citizens. The work of medical teams was obstructed, and medical personnel were subject to assaults by the occupation forces. Further, many citizens were prevented from reaching hospitals or health centers, either because of the checkpoints at the entrances of Palestinian cities, villages, and camps, or because of the separation wall, which isolated some residential centers in the governorates of the northern West Bank. On 8 February, Khatemah Muhammad I‘lyan, 70, of Kafr Jamal village/Tulkarem, died when the occupation forces prevented the passage of the ambulance transporting her to the hospital in the city of Tulkarem. Ambulances also encountered difficulties crossing checkpoints manned by soldiers. As a result of these difficulties, ambulances are only able to reach the site of the wounded or sick person 30 percent of

12 For more information, see the survey conducted by the Palestinian Central Bureau of Statistics, published in December 2003 and available on the Palestinian Information Center’s Website at http://www.pnic.gov.ps/arabic/labor/labora_w.html.

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the time. Occasionally, the wounded or sick had to reach barriers or checkpoints on their own, forcing many of them to forsake evacuation by ambulance. For this reason, the percentage of women who give birth in hospitals has dropped from 95 percent before the Intifada to less than 50 percent during the Intifada. E. Visits to Detainees in Israeli Prisons Siege, closure, and curfew led to the prohibition of family visits to Palestinians held in Israeli prisons, and this prohibition lasted for most of 2003. Further, Palestinian lawyers were unable to visit the prisoners whose cases they were handling. The Israeli occupation authorities prevented humanitarian organizations, with the exception of the International Committee of the Red Cross, from delivering food to Israeli detention centers. Forty-five percent of detainees’ food used to be supplied by families and humanitarian organizations. VI. Israeli Liability for Violations of Palestinian Citizens’ Rights Criminal Liability Israeli violations such as extra-judicial or willful killing of civilians; torture and inhumane or degrading treatment; settlement; siege; and extensive destruction of private and public property unjustified by military necessity are grave breaches of the 1949 Fourth Geneva Convention Relative to the Protection Civilian Persons in Time of War. Article 5 of the 1977 First Additional Protocol to the Geneva Conventions, concerning the protection of victims of armed international conflicts, considers grave breaches to the Conventions and the Protocol to be war crimes. Further, Article 8 of the 1998 Rome Statute of the International Criminal Court defines the scope of war crimes to include, in addition to the aforementioned cases, “intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects”; “intentionally directing attacks against buildings dedicated to religion, education, art, science, or charitable purposes, historic monuments, and places where the sick and wounded are collected”; and “killing or wounding treacherously individuals belonging to the hostile nation or army.” Article 146 of the Fourth Geneva Convention holds that “Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts.” According to Article 86 of the First Protocol, the states signatories to the Fourth Geneva Convention bear individual and collective responsibility, and it is incumbent upon them to take action to confront parties that intentionally violate the Convention’s provisions; Article 86 states: “The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to prevent all other breaches, of the Convention or of this Protocol.” According to Articles 27 and 28 of the Rome Statute of the International Criminal Court, military commanders are criminally responsible for crimes committed by soldiers under their command and their effective control. Moreover, the heads of states or members of governments are subject to criminal punishment if war crimes are committed based on orders that they themselves issued, even if their national laws do not punish such acts. In the international arena there are judicial precedents pertaining to the trial of persons who committed or ordered war crimes. Among these are the trial of war criminals in World War II (the Nuremburg trials) and the trial of war criminals in Yugoslavia and Rwanda. The form that such trials take varies: The trial could be held before a special temporary court to try specific persons in a specific place or at a specific

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time because specific war crimes were committed, or it could be held before the national judiciary in one of the states that is party to the Fourth Geneva Convention and whose national laws permit such trials. According to Article 88 of the First Protocol, the parties harmed by grave breaches have the right to bring to trial those who ordered or committed such crimes and hold them accountable as war criminals. According to the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, and the 1998 Rome Statute of the International Criminal Court, war crimes are considered crimes to which no statutory limitations apply. The prosecution of Israeli officials for grave violations of Palestinian civilians’ rights necessitates the monitoring of those violations and their documentation in official files. Such files should contain material evidence establishing that violations were committed and incriminating those responsible.13 Civil Liability According to the rules of international humanitarian law, two types of obligations are incumbent upon the occupation authorities. The first entails immediately halting violations and illegal acts, especially collective punishment, such as the siege of cities and villages, the closure of crossings, and the use of excessive and lethal force against civilians. The second entails providing material and financial reparation for the violations committed by the occupation forces and, in so doing, returning things to their previous state. If this is not possible, financial compensation should be paid for damages caused to residents and property as a result of the violations. Thus, the State of Israel bears responsibility for compensating Palestinian citizens and the Palestinian National Authority for the buildings and private and public institutions that the occupation forces bombarded and vandalized, as well as for the land that they bulldozed, the trees that they uprooted, the infrastructure that they destroyed, and the losses to the Palestinian economy as a result of siege, closure, bombardment, and curfew. This is in addition to reparation owed to prisoners, the injured, and the families of innocent people killed for pain and suffering and for the material losses they suffered as a result of imprisonment, injury, or illegitimate killing. Article 3 of the 1907 Hague Convention on Respecting the Laws and Customs of War on Land states: “A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.” Article 52 of the same Convention stipulates that the occupying state immediately pay residents whose property was destroyed or damaged and that “contributions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible.” Israel is bound by the statutes of the Hague Convention as part of international customary law. Some United Nations resolutions, such as General Assembly Resolution 38/144 of 1983, affirm the right of the Palestinian people and the Arab peoples under Israeli occupation to have their resources, wealth, and economic assets returned to them and to receive full compensation for any damage, exploitation, or exhaustion of such resources, wealth, and economic assets. There is a body of international precedents that make it incumbent upon the occupying state to compensate those harmed by the occupation, such as Security Council Resolutions 674, 686, and 687 of 1990, which affirm Iraq’s responsibility for compensating Kuwait for material damages, including damages to the environment; depletion of natural resources; and damages to governments, institutions, or individuals as a result of the Iraqi occupation. If the same standard were applied, the State of Israel would be obligated to compensate the Palestinians who have been harmed as a result of the occupation forces’ illegal practices.14

13 See Daoud Dir’awi, War Crimes and Crimes against Humanity: Israel’s Liability during the Al-Aqsa Intifada (Ramallah: PICCR, 2001). 14 See Abdel Rahim Taha, Compensation for those Harmed by Hostile Acts during the Al-Aqsa Intifada (Ramallah: PICCR, 2001).

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CHAPTER 2

THE STATUS OF CITIZENS’ RIGHTS IN THE PALESTINIAN

NATIONAL AUTHORITY TERRITORIES

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Section One: The Legislative Branch Introduction The Palestinian Legislative Council (PLC), which was elected on 20 January 1996, continued to perform its duty promulgating laws and monitoring the work of the executive branch, even though the duration of its term, specified as the interim period, ended on 4 May 1999. The PLC continued, like the rest of the Palestinian public institutions, to carry out its work under difficult and complicated political circumstances and security conditions, sometimes threatening the very existence of the Palestinian National Authority. Oppressive Israeli measures, especially restrictions on the freedom of movement, had a negative affect on the course of the PLC’s work, the regularity of its sessions, and the ability of its members to perform their duties. This section is divided into three parts. The first part looks at the main components of the PLC (its members, committees, and Presidency Office, along with its support staff), providing a brief description of the changes that took place during 2003. The second part details the PLC’s legislative and oversight activities during 2003, and the third part presents PICCR activities that supported PLC work during the year. The section concludes with PICCR’s recommendations for enhancing the legislative branch’s ability, effectiveness, and independence.

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General Background The PLC was elected through free and fair elections, conducted on 20 January 1996, in the West Bank, including East Jerusalem, and the Gaza Strip.1 The elections were held in accordance with the Palestinian Elections Law no. 13 of 1995, issued by the PNA President. This law provides for free, direct general elections to elect the PNA President and members of the PLC, who were to assume responsibility for governance during the interim period.2 The Palestinian Basic Law stipulates: “The term of this Council shall be the interim period” (Article 47/3). According to the Declaration of Principles, ratified in 1993 between the Israeli government and the Palestinian Liberation Organization, the interim period ended on 4 May 1999.3 Under the Elections Law no. 13 of 1995, the PLC is made up of 88 members distributed across 16 elections districts, 5 of which are in the Gaza Strip and 11 of which are in the West Bank, including the Jerusalem district. Fifty-one members represent West Bank districts, and 37 members represent Gaza Strip districts. With regards to the political composition of the PLC, most members belong to the Fatah movement. The remaining members may be classified as follows: Islamic orientation, Leftist orientation, and independent. Most Palestinian opposition parties and organizations, secular and Islamic, boycotted the general presidential and legislative elections in 1996. In 1996, the PLC also approved its Bylaw, in which the mechanisms, instruments, and procedures of parliamentary work are detailed in 115 articles.4 Subsequently, the Palestinian Basic Law was issued, the fourth part of which concerns the legislative branch (Articles 47 – 62), delineating the PLC’s legislative and oversight powers as well as its relationship to the other authorities. Since the 1996 elections, the PLC has held eight regular legislative sessions, during which it approved 58 laws, all of which were sent to the PNA President, who signed 45 of them. The PLC also approved six public budget laws covering six fiscal years. Moreover, the PLC has exercised oversight over the executive branch through actions ranging from raising questions and posing inquiries to threatening to withdraw confidence from the government. In all the years of its work, however, the PLC has not passed a no-confidence measure against any Palestinian government or any minister. Part One: Members, Committees, and Administrative Staff The following section deals with the PLC’s basic components: the members, committees, and the Presidency Office. It also deals with the PLC’s administrative support staff. 1. Council Members During 2003, the PLC continued to function with 83 of the original 88 members. Representative Haidar Abdel Shafi resigned in March 1998, and by-elections scheduled for the Gaza district to elect his replacement were cancelled.5 Also during the year, Representatives Ahmad Irsheid and Wajih Yaghi

1 The PLC was inducted in March 1996, when PNA President Yasser Arafat opened the first session, with all 88 legislators in attendance. The PLC decided to select this date as an annual Democracy Day. 2 Article 2, paragraph 1 of Law no. 13 of 1995 regarding general elections. 3 Regarding the issue of the end of the PLC’s term and the legal controversy surrounding it, see: The Fifth Annual Report (Ramallah: PICCR, 1999), p. 44. 4 The PLC Bylaw was published in issue no. 46 of the Palestinian Minutes, issued in October 2003. 5 See the Fourth Annual Report (Ramallah: PICCR, 1998), p. 44.

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passed away. Further, Representatives Marwan Al-Barghouthi and Husam Khader are still being detained by the Israeli occupation authorities. The Palestinian Basic Law delineates council members’ rights and duties, and the PLC Bylaw details the means and procedures for exercising them. In 2003, the PLC passed, on the third reading, the Draft Law of the Duties and Rights of PLC Representatives. This legislation was then referred to the PNA President for approval, but he had not yet signed it as of the end of the year. The said draft law affirms the rights and duties contained in the Basic Law and the PLC Bylaw. The Draft Law of the Duties and Rights of PLC Representatives grants Council members some additional privileges other than those contained in the Basic Law or the PLC Bylaw, such as receipt of permanent diplomatic passports to PLC representatives and their spouses, receipt of a financial reward following termination of council membership, and a customs exemption for one car per member of the new council. With regards to duties, the Basic Law requires every council member to present a financial statement for himself or herself, as well as for his or her spouse and any children who are minors. This statement must detail what they own in immovable and movable property inside Palestine and abroad, along with their debts. It shall be kept sealed and classified at the High Court of Justice, and shall not be disclosed unless approved by the Court and within the limits it allows. However, neither the PLC Bylaw nor the Draft Law of the Duties and Rights of PLC Representatives details how this financial statement shall be presented. From a practical standpoint, only a limited number of legislators presented such statements, and they presented them not to the High Court of Justice but to the PLC Presidency office. The Palestinian Basic Law also specifies that the PLC must put in place rules for questioning its members in a way that does not contradict the Basic Law’s provisions or the general constitutional principles (Article 51). However, neither the PLC Bylaw nor the Draft Law of the Duties and Rights of PLC Representatives details the meaning of this article. There is still not a clear, disclosed mechanism for questioning representatives who have fallen short in the performance of their duties (such as through continual absence from council sessions). Nor are there disciplinary sanctions prescribed for violations of the PLC Bylaw. Although the Draft Law of the Duties and Rights of PLC Representatives does not go into great detail on some issues, such as questioning members and regulating what is included in Article 54 of the Basic Law regarding the financial statement, it does unequivocally prohibit council members from holding paid executive or consulting positions in governmental or nongovernmental institutions. However, this draft law does not prescribe any sanctions for violations of these provisions, nor does it clarify the mechanism for implementing them. Not a small number of council members continued to hold paid consulting and executive positions, whether in the executive branch or in nongovernmental institutions. There are also members pursuing paid private work, such as work in private clinics. Members’ attendance at sessions and committee meetings varies. There are council members who do not participate at all in the work of committees, or who do not participate except in the sessions held for votes of confidence for the government or in sessions opened by the PNA President. In general, participation in council sessions is weak once the quorum is met, especially when the issue is related to discussing draft laws. For example, the Draft Law on the Greater E. Jerusalem was passed with only ten representatives

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in attendance (four members from the Gaza Strip and six from the West Bank), and the Draft Law on Illegitimate Earnings was passed with only 20 representatives in attendance.6 2. Council Committees The PLC Bylaw provides for two types of committees: permanent committees and temporary committees. According to Article 48 of the Bylaw, the council shall form the following permanent committees to oversee and study draft laws and issues taken up by the council or its Speaker: 1. Jerusalem Committee 2. Land and Resisting Settlement Committee 3. Refugees’ Affairs Committee (Palestinian refugees, displaced, and Diaspora) 4. Political Committee (negotiations and Arab and international relations) 5. Legal Committee (the Basic Law, Law and the Judiciary) 6. Budget and Financial Affairs Committee 7. Economic Committee (industry, trade, investment, housing, supply, tourism, and planning) 8. Interior Committee (Interior, security, and local government) 9. Education and Social Issues Committee (education, culture, media, religious affairs, antiquities, social affairs, health, labor, prisoners, martyrs, the wounded, war veterans, childhood and youth, and women) 10. Natural Resources and Energy Committee (water, agriculture, countryside, environment, energy, livestock and fishing) 11. Oversight of Human Rights and Public Freedoms Committee The Natural Resources and Energy Committee was adjoined to the Economic Committee, reducing the number of committees to ten. A special committee known as the Committee of Council Affairs was added to these, and it is made up of the staff of the council office as well as a number of members (Article 48/2 of the PLC Bylaw). The PLC Bylaw delineates the mechanism for committees’ work, as well as the procedures and dates of their meetings, their budgets, and the means by which they shall make use of expertise and qualifications. It stipulates that a member of any of the aforementioned committees may not hold a ministerial post. Further, no council member is permitted to hold membership in more than two permanent committees. These committees function in three main areas: legislation, oversight, and review of plans, programs, agreements, and treaties. In the area of legislation, the committees study and prepare referred or proposed draft laws, offer recommendations regarding these draft laws, and then send them to the Legal Committee to draft and prepare them for the council to approve in accordance with the rules. Each committee also monitors and reviews legislation, laws, regulations, decisions, and decrees falling within its jurisdiction, following up and monitoring the performance of the executive branch to ensure implementation of legislation, laws, plans, and policies approved by the council. Further, the committees study and review plans, programs, agreements, and treaties signed by the executive branch, and offer recommendations in their regard to the council for discussion and approval in accordance with the rules. During 2003, some changes occurred in the composition of some of the permanent committees, particularly the Legal Committee, the Economic Committee, the Oversight of Human Rights Committee, and the Land Committee, which underwent changes in their chairpersons or clerks as a result of their joining one of the governments formed during the year. For example, a change occurred in the Legal Committee after its chairperson, Representative Abdel Karim Abu Salah, was appointed Minister of 6 The PLC Bylaw requires that an absolute majority of council members be present to open a session, but it does not require that this majority remain throughout the debates or for the purpose of voting.

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Justice in the government of Mahmoud Abbas. Representative Suleiman Abu Sneineh, who had been committee clerk took his place as committee chairperson, and Representative Suleiman Al-Rumi assumed the clerk position. Following the resignation of the Mahmoud Abbas government and the formation of a new government, Representative Abdel Karim Abu Salah was no longer a member of the government, and he returned to his former position as Legal Committee chairperson. Further, Representative ‘Azmi Al-Shu'aibi took the place of Representative Jamal Al-Shobaki as chairperson of the Economic Committee, when the latter became Minister of Local Government in the three governments formed during 2003. Representative Burhan Jarar became clerk of the Interior and Local Government Committee, replacing Representative Abdel Fatah Hamayel, who assumed the office of Minister of Sport and Youth in the government formed under Mahmoud Abbas. Despite closure and siege, the committees continued to operate during 2003, though they were often forced to hold meetings via videoconferencing technology. A large number of committee meetings took place with only a small number of members in attendance. The majority of committees proceeded without clear work plans, but rather were affected by members’ agendas, especially those of the chairperson and clerk. Most of the time, the work of committees constituted reactions to and occupation with ephemeral or trivial issues. Further, committees’ activities are at odds with each other, depending on the chairpersons and clerks. During 2003, the activities of the Economic Committee, the Oversight of Human Rights and Public Freedoms Committee, and the Legal Committee were particularly prominent. During the year, the committees presented a number of reports and memoranda to the PLC on public issues, or on the activities of the executive branch or one of its agencies or institutions. Discussion on these reports took place in regular sessions, and decisions or recommendations were taken on them. Prominent among these reports were: the Economic Committee’s report on damages incurred by the Palestinian tourism sector during the Intifada, the Economic Committee’s report on European aid to the PNA, the Interior Committee’s report on the phenomenon of taking the law into one’s own hands, the Economic Committee’s report on the Monetary Authority’s measures against the company of Talal Abu Ghazaleh and his partners, the Economic Committee’s report on the unexpected increase in mandatory insurance prices by the insurance companies, the Economic Committee’s report on the legislation regulating the work of ministries and economic institutions, and the Political Committee’s report on the internal Palestinian situation. Moreover, some committees submitted draft legislation to the PLC. For example, the Legal Committee submitted a draft law amending the Judicial Authority Law, as well as the Draft Law on the Duties and Rights of Council Representatives. The Economic Committee submitted four draft laws: the Draft Law on Insurance, Draft Law on Incentive for Competition and Prevention of Monopoly, Draft Law on Protecting Industrial Property, and Draft Law on Trade. The Budget and Interior Committees submitted the Draft Law on Military Personnel Retirement. With regards to the temporary committees or fact-finding committees, at its session on 1 July 2003, the PLC formed a committee to evaluate the administrative and financial performance of the PLC. It requested that the committee complete its task no later than one and a half months after the date of the decision forming it. The said committee held a number of meetings but did not follow up its activities, and it had not submitted a report to the PLC as of the end of 2003.

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3. The Presidency Office According to Article 50 of the Basic Law, the council shall elect a Speaker, two deputies to the Speaker, and a Secretary General, and these four shall make up the council’s Presidency Office. It is impermissible for a representative to belong to this office and also hold membership in the PNA presidency or the government, or to hold any other government position. According to the PLC Bylaw, election of the council’s Presidency Office shall be by secret ballot at the commencement of the legislative term. Its legal term shall last until the commencement of the next regular legislative term. Should the office of one of the elected members fall empty, the council shall elect a successor in accordance with the PLC Bylaw. The elections process for the Presidency Office shall proceed as follows: the Speaker first, followed by the first Deputy Speaker, followed by the second Deputy Speaker, and then the Secretary General. There was a central change to the Presidency Office during 2003—perhaps the most important change it has witnessed since the PLC’s formation. On 6 October 2003, Representative Ahmad Qurei resigned from his position as Speaker, which he had held in all previous legislative terms, upon being appointed prime minister. At its session on 3 November 2003, the PLC elected Representative Rafiq Al-Natsheh as the new Speaker to succeed Qurei (with a 53 out of 70 vote majority). Thus, Representative Al-Natsheh became the second legislative Speaker. Further, on 13 November 2003, Representative Rawhi Fattouh resigned from his position as council secretary general, which he had held during all previous legislative terms, upon being appointed Minister of Agriculture in the regular government formed under Ahmad Qurei. At its session on 30 December 2003, the council elected Representative Ahmad Nasr to replace Representative Fattouh. After the position of Speaker fell vacant upon the resignation of Ahmad Qurei, and a controversy erupted over the possibility that the first deputy Speaker would be charged with assuming the functions of Speaker, the council announced that it “rejects the idea of continuing the council’s work, for any length of time, under the direction or charge of any member of the current Presidency Office” (Decision no. 622/1/8). Following the resignation of Rawhi Fattouh, the former secretary general of the council, a controversy erupted over the possibility or benefit of abolishing the office of secretary general. Although Representative Ahmad Nasr was elected secretary general, the debate on this issue continues. Some members who elected Representative Nasr as secretary general stressed that this does not negate their right to demand that the post be abolished.7 According to Article 12 of the PLC Bylaw, the Speaker represents the Council, speaks on its behalf, ensures implementation of the provisions of the Basic Law and PLC Bylaw, and maintains Council security and order. The Speaker also opens and adjoins council sessions, controls sessions and moderates discussions, permits speech and determines discussion topics, and commissions the general secretariat with announcing decisions issued by the Council. In general, the Speaker oversees the course of the Council’s functions as well as all of its relations. According to the PLC Bylaw, the Speaker alone can make certain decisions, including presenting the agenda for Council sessions to members for discussion and approval (Article 20), specifying the date for reading questions by members of government (Article 80), and referring drafts of legal bills and proposals to committees and specifying the relevant committee (Articles 65 and 67). In the parliaments of other democratic states, a committee composed of members representing various parliamentary blocs usually makes such decisions.8 7 See Al-Ayyam newspaper, 31 December 2003. 8 Dr. Rudolf Kabel, Proposals for Reform of the Palestinian Legislative Council, unpublished study, 2003.

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4. Parliamentary Blocs The Palestinian Basic Law does not explicitly mention parliamentary blocs. Article 5 of the PLC Bylaw, however, stipulates that a number of members united by shared goals or interests may assemble or organize in a parliamentary bloc, on the condition that they comprise at least 5 percent of the total council membership. The PLC Bylaw also stipulates that it is not permitted for a representative to belong to more than one parliamentary bloc, and that a parliamentary bloc must put in place a regulation or bylaw to regulate its work according to the provisions of the law or the PLC Bylaw. The Draft Law of Duties and Rights of PLC Representatives repeats the provisions contained in the PLC Bylaw in this regard. Although it mentions parliamentary blocs, the PLC Bylaw does not confer any privileges or rights upon such blocs. The blocs derive their rights from those granted to their members, an arrangement that does not encourage representatives to form blocs or belong to them. The Basic Law and PLC Bylaw, for example, stipulate that the exercise of some rights requires at least ten representatives (such as requesting that a topic not included in the Council agenda be raised for discussion, submitting a request for withdrawal of a representative’s membership, and requesting the withdrawal of confidence from the government or a minister). It is common in many democratic states for parliamentary blocs to be granted rights and privileges that are conferred upon the bloc members. Neither the Basic Law nor the PLC Bylaw grant parliamentary blocs the right to representation on the various committees or on the delegations they form. The elections system, according to the Elections Law of 1995, is based on individual candidacy. Although this law allows for lists of candidates, these are open, and voters have the right to vote for one or more candidates on a list rather than for the list in its entirety. Clearly, the elections system does not encourage the formation of political parties or parliamentary blocs. As a result of the main opposition groups’ boycott of the 1996 general elections, one political orientation dominates the council. From a practical standpoint, there are two parliamentary blocs in the PLC: the Fatah bloc (66 members) and the “Democratic Alliance” bloc, made up of six independent representatives. These two blocs more closely resemble assemblies of representatives than they do blocs in the strict sense of the term. Neither has an elected chairperson, nor regulations or bylaws regulating its work. Further, neither meets in a regular, periodic manner, but rather only to debate certain important issues, such as confidence measures on the government or election of the Council’s Presidency Office. It is only infrequently that a bloc will meet to take a unified position on a specific draft law or government work plan. 5. Administrative Structure The PLC is supported by an administrative apparatus composed of hundreds of employees, foremost among them the Director General, who works under the secretary general of the Council. According to the Council structure, seven departments fall under the Director General: the Library and Archives, the Financial Department, the Media Department, the Protocol and Public Relations Department, the Technical Department, the Legal Department, and the Administrative Affairs Department. There is also the Department of the PLC Chief Clerk, which falls under the Secretary General of the council in some instances and under the Director General in others. Six units also fall under the Director General of the council: the Planning Unit, the Research Unit, the Employees’ Affairs Unit, the Training Unit, the Women’s Unit, and the Information Technology Unit. A quick review of the Council’s structure shows that there are units and offices that could be combined with or adjoined to other offices. For example, it would be easy to incorporate the Employees’ Affairs Unit within the Administrative Department, and to incorporate the Media Department within the Protocol and Public Relations Department.

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There is near total separation between the Council’s office in the West Bank and its regional office in the Gaza Strip. Theoretically, the regional office in Gaza falls under the Director General in the West Bank. However, from a practical standpoint, the Gaza office is independent in all of its affairs, as if it had a structure parallel to the headquarters in Ramallah. The Gaza office is headed by the Director General of Administrative Affairs, who answers to the Council’s Secretary General rather than to the Director General. The PLC is managed by the Presidency Office, specifically by the Council’s Secretary General, who plays a central role in activating the administrative apparatus. Article 11 of the PLC Bylaw provides for the appointment of a General Secretariat by the Presidency Office, headed by the Council’s Secretary General. The task of the General Secretariat is to oversee all administrative and financial affairs, in addition to overseeing matters of protocol, carrying out Council decisions, and preserving documents related to Council sessions. In general, parliaments in democratic states separate parliamentary functions from administrative ones, whereby parliamentary functions are limited to Council members while administrative functions are undertaken by professionals other than legislative representatives. Moreover, the secretary general of the parliament is usually an employee appointed by the Speaker or through Council decision, and in some states, his or her term is linked to the legal term of the council. Absolute division between the tasks of the council’s secretary general and those of the council members is regarded as a recognized universal standard.9 Department Offices The PLC’s administrative structure includes branch offices, the main task of which is coordinating relations between council members and the electorate. However, from a practical standpoint, they operate as offices for receiving public complaints in addition to providing services to the Council representatives. Each office has a director, and a large number of council employees work in these offices (nearly half of the approximately 600 employees). Further, a significant number of general headquarters employees, who are unable to reach Ramallah or Gaza due to the Israeli measures, have been attached to the branch offices. The general headquarters’ oversight of work in these offices is weak, whether in monitoring performance or adherence to regular work hours. Part Two: PLC Activities during 2003 1. Council Sessions Pursuant to invitation by the PNA President, the PLC holds its regular annual legislative term, made up of two periods lasting four months each. The first begins in the first week of March, and the second begins in the first week of September. The Council also holds irregular sessions called by the Speaker upon request by the Cabinet or one-fourth of Council members. During 2003, the Council held 27 sessions, 15 of which were regular sessions, 12 of which were emergency sessions, (one of which was a closed session). On 6 September 2003, the Council convened a closed (secret) session upon a decision that was approved by a majority of 49 representatives, opposed by 10 representatives, and from which 3 representatives abstained. This was the only closed session held during 2003. 9 For example, a condition for membership in the Association of Secretaries General of Parliaments (ASGP) is that the member be a government employee and not an elected representative. See Rudolf Kabel, Ibid.

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During 2003, all Council sessions were held with the aid of videoconferencing technology, because of the failure of representatives to obtain permits to travel from the Gaza Strip to Ramallah. However, a large number of council members obtained permits to attend three sessions, which convened with a majority of members present in one location: the session held in Ramallah on 29 April to debate granting confidence to the government formed under the premiership of Mahmoud Abbas, the session held in Ramallah on 4 September to hear the report of Prime Minister Mahmoud Abbas, and the secret session held on 6 September to finish listening to the prime minister’s report. In some instances, the failure of representatives to obtain permits to travel between Gaza and Ramallah led to the cancellation of scheduled sessions. For example, the session scheduled for 15 May 2003 was cancelled because representatives could not obtain permits, and the Council’s technical crew was unable to establish a connection between representatives in Gaza and the session hall in Ramallah through videoconferencing technology. In other instances, the Israeli measures prevented the Council from meeting quorum, thus leading to sessions’ cancellation or delay. For example, the session scheduled for 25 October 2003 was delayed due to failure to meet quorum. This session had been scheduled to elect a new PLC Speaker to take the place of Representative Ahmad Qurei. 2. Resolutions During 2003, the PLC issued 73 resolutions, as compared to 34 during 2002. These resolutions dealt with a number of areas, including: condemnation of various Israeli violations of Palestinian rights, such as settlements and the separation wall construction; treatment of specific aspects of the executive branch’s performance; and treatment of general issues of concern to citizens, such as rising insurance prices. 3. Legislative Performance of the Council According to the Basic Law, the PNA President shall promulgate laws ratified by the PLC within 30 days from the date they are referred. Otherwise, the President shall return the laws to the Council within the same specified period, together with comments and objections, or else the laws shall be considered approved and promulgated immediately in the official gazette (Article 41/1). If the President returns the proposed law within the deadline and conditions mentioned above, and the Council debates it and passes it again with a two-thirds majority, the proposed law shall be considered ratified and shall be published immediately in the official gazette (Article 41/2). The PLC Bylaw details the procedure for passing laws, including the Public Budget Law, in the first section of the fifth part (Articles 65 – 74).10 Among the main flaws in the procedure for passing legislation according to the PLC Bylaw is that it gives the Speaker wide powers in determining the relevant committee to which to refer a draft law without specifying the period during which the draft law must be referred to this committee. According to Article 65/1 of the PLC Bylaw, “The Cabinet shall refer draft laws or proposals to the Speaker accompanied by their clarifying remarks, and the Speaker must refer the bill or proposal to the relevant committee so that it can give its opinion. The committee must present its report no more than two weeks after receiving the bill.” The said article specifies the timeframe for the relevant committee, but it does not specify such a timeframe for the Speaker. The PLC’s activity increased during 2003 as compared to previous years. The creation of the Office of Prime Minister, and the accompanying regularity in the Cabinet’s work, resulted in the increase in the

10 For more details on the procedure for passing laws in the PLC, see: The Sixth Annual Report (Ramallah: PICCR, 2000), p. 61.

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number of draft laws submitted by the government. The Cabinet submitted 16 draft laws during 2003, as compared to only two during 2002 and five during 2001. Draft Laws Passed by the Council and Approved by the President: The PNA President approved four laws, three of which were referred by the PLC during 2003, and one of which was referred by the PLC during 2001. These laws are as follows: 1. Law Amending the Basic Law: Submitted by the Cabinet. The PLC passed it with general discussion and first and second readings on 10 March 2003, and the third reading on 18 March. It was referred to the President on 18 March, and he signed it the same day. It was published in a special edition no. 2 of the Palestinian Minutes on 19 March 2003. Any amendment to the Basic Law requires the agreement of two thirds of PLC members (Article 73 of the PLC Bylaw). The amended law provides for the creation of the Office of Prime Minister and raises the maximum number of ministers from 19 to 24. 2. Agriculture Law: Submitted by the Cabinet. The PLC passed it with the first reading on 18 February 2002, and the second reading on 15 April 2003. It was referred to the President on 31 May 2003, and he signed it on 5 August 2003. It was published in the Palestinian Minutes in August 2003. 3. Regular Courts’ Fees Law: Submitted by the Cabinet. The PLC passed it with the first reading on 16 October 2001, the second reading on 16 January 2002, and the third reading on 15 April 2003. It was referred to the President on 28 April 2003, and he signed it on 5 August 2003, but it had not been published in the Palestinian Minutes as of the end of 2003. 4. Social Insurance Law: Submitted by the Cabinet. The PLC passed it with the second reading on 24 June 2001. It was referred to the President on 29 July 2001, and he signed it on 19 October 2003, but it had not been published in the Palestinian Minutes as of the end of 2003. Draft Laws Passed by the PLC and Referred to but not Approved by the President: The PLC approved seven draft laws during 2003 that were referred to the President but have not been signed despite the passage of the one-month period specified in Article 41 of the Basic Law. This brought the number of draft bills referred to the PNA president without approval, in contravention of the Basic Law, to 13. The seven draft laws referred but not approved during 2003 are as follows: 1. Duties and Rights of PLC Representatives Draft Law: Submitted by the PLC Legal Committee. The PLC passed it with the first reading on 12 December 2002, and the second reading on 13 January 2003. It was referred to the President on 23 February 2003. 2. Amendment to the Standards and Measurements Law no. 6 of 2000: Submitted by the PLC Budget Committee. The PLC passed it with the first reading on 13 January 2003, and the second reading on 28 May 2003. It was referred to the President on 17 June 2003. 3. Amendment to the Palestinian Monetary Authority Law no. 2 of 1997: Submitted by a PLC member. The PLC passed it with the first reading on 13 January 2003, and the second reading on 28 May 2003. It was referred to the President on 17 June 2003.

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4. Amendment to the Public Procurements Law no. 9 of 1998: Submitted by a PLC member. The PLC passed it with the first reading on 6 February 2003, and the second reading on 28 May 2003. It was referred to the President on 17 June 2003. 5. Amendment to the Investment Incentive Law no. 1 of 1998: Submitted by a PLC member. The PLC passed it with the first reading on 6 February 2003, and the second reading on 28 May 2003. It was referred to the President on 17 June 2003. 6. Amendment to the Free Industrial Cities and Zones Law no. 10 of 1998: Submitted by a PLC member. The PLC passed it with the first reading on 6 February 2003, and the second reading on 28 May 2003. It was referred to the President on 17 June 2003. 7. Palestinian Child Draft Law: Submitted by the Cabinet. The PLC passed it with the first reading on 28 May 2003, and the second reading on 19 August 2003. It was referred to the President on 17 August 2003. Further, the PLC approved the Public Budget Draft Law for the 2003 Fiscal Year on 1 February 2003. However, the PNA President did not sign this draft law, and it was not published in the official gazette, in contravention of the Budget Regulation Law. A number of draft laws have been referred to the President for approval over the years, but have not yet been signed. These include: Ownership of Property by Foreigners in Palestine Draft Law, General Petroleum Commission Draft Law, Administrative Formations Draft Law, Income Tax Draft Law, Stock Market Commission Draft Law, and Auditing Profession Draft Law. Draft Laws Passed by the PLC on the First Reading During 2003, the PLC passed five draft laws on the first reading, as compared to two draft laws during 2002, one during 2001, and two during 2000. The draft laws passed on the first reading during 2003 are as follows: 1. Penal Code Draft Law: Submitted by the Cabinet. The PLC passed it with general discussion on 16 October 2001, and with a first reading on 14 April 2003. 2. The Greater E. Jerusalem Draft Law: Submitted by the Committee of Interior and Local Government. The PLC passed it with general discussion on 15 January 2002, and with a first reading on 21 July 2003. 3. Amendment to the Nongovernmental Organizations and Charities Law no. 1 of 2000: Submitted by the Cabinet. The PLC passed it with general discussion on 18 August 2003, and with a first reading on 19 August 2003. 4. Public Health Draft Law: Submitted by the Cabinet. The PLC passed it with general discussion on 12 March 2000, and with a first reading on 3 December 2003. 5. Illegitimate Earnings Draft Law: Submitted by a PLC member. The PLC passed it with general discussion on 28 September 2000, and with a first reading on 17 September 2003.

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Draft Laws Passed by the PLC with General Discussion: These are draft laws that the PLC passed on principle without discussing their articles in detail. There were five such draft laws during 2003, as compared to ten during 2002, 12 during 2001, and seven during 2000. The draft laws passed with general discussion during 2003 are as follows: 1. Narcotics and Psychotropic Substances Draft Law: Submitted by the Cabinet. The PLC passed it with general discussion on 10 December 2003. 2. Electricity Draft Law: Submitted by a PLC member. The PLC passed it with general discussion on 28 May 2003. 3. Compensation Fund to Remove the Effects of Israeli Aggression Draft Law: Submitted by a PLC member. The PLC passed it with general discussion on 1 July 2003. 4. Financial and Administrative Control Bureau Draft Law: Submitted by the PLC Budget Committee. The PLC passed it with general discussion on 16 December 2003. 5. Notary Public Draft Law: Submitted by the Cabinet on 30 October 2003. The PLC passed it with general discussion on 31 December 2003. Draft Laws Received by the PLC but Not Yet Discussed: These are draft laws that the PLC Presidency Office has received from the Cabinet, committees, or representatives, but which have not yet been referred to PLC committees for them to give their opinion or presented to the PLC for general discussion. During 2003, there were 21 such bills, as compared to two during 2002, four during 2001, and four during in 2000. The draft bills of this type received by the PLC Presidency Office during 2003 are as follows: 1. Amendment to the Judicial Authority Law no. 1 of 2002: Submitted by the PLC Legal Committee on 14 April 2003, and referred to the relevant committee on 14 April 2003. 2. Transport and Transplant of Human Organs Draft Law: Submitted by the Cabinet on 16 January 2003, and referred to the relevant committee on 6 February 2003. 3. Social Welfare Fund Draft Law: Submitted by the Cabinet on 6 February 2003, and referred to the relevant committee on 14 April 2003. 4. Syndicates Draft Law: Submitted by a PLC member on 15 April 2003, and referred to the relevant committee on 1 July 2003. 5. Care for Palestinian Youth Draft Law: Submitted by a PLC member on 10 June 2003, and referred to the relevant committee on 1 July 2003. 6. Prisoners and Released Prisoners Draft Law: Submitted by a PLC member on 13 July 2003, and referred to the relevant committee on 20 July 2003.

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7. Arafat Social Welfare Fund Draft Law: Submitted by the Cabinet on 14 July 2003, and referred to the relevant committee on 20 July 2003. 8. Amendment to the Standards and Measurements Law no. 6 of 2000: Submitted by the Cabinet on 14 July 2003, and referred to the relevant committee on 20 July 2003. 9. Amendment to the Free Industrial Cities and Zones Law no. 10 of 1998: Submitted by the Cabinet on 14 July 2003, and referred to the relevant committee on 20 July 2003. 10. Industrial and Agricultural Chambers of Commerce Draft Law: Submitted by the Cabinet on 8 July 2003, and referred to the relevant committee on 18 August 2003. 11. Insurance Draft Law: Submitted by the PLC Economic Committee on 11 August 2003, and referred to the relevant committee on 18 August 2003. 12. Incentive for Competition and Prevention of Monopoly Draft Law: Submitted by PLC Economic Committee on 11 August 2003, and referred to the relevant committee on 18 August 2003. 13. Protection of Industrial Property Draft Law: Submitted by PLC Economic Committee on 11 August 2003, and referred to the relevant committee on 18 August 2003. 14. Trade Draft Law: Submitted by PLC Economic Committee on 11 August 2003, and referred to the relevant committee on 18 August 2003. 15. Amendment to the Civil Service Law no. 4 of 1998: Submitted by the Cabinet on 8 July 2003, and referred to the relevant committee on 19 August 2003. 16. Military Personnel Retirement Draft Law: Submitted by PLC Budget and Interior Committees on 17 September 2003, and referred to the relevant committee on 2 December 2003. 17. Draft Law for Applying the Antiquities Law no. 51 of 1966 to the Entire Palestinian Territories: Submitted by the Cabinet on 30 October 2003, and referred to the relevant committee on 2 December 2003. 18. Post and Postal Service Draft Law: Submitted by the Cabinet on 30 October 2003, and referred to the relevant committee on 2 December 2003. 19. Forensic Medicine Draft Law: Submitted by the Cabinet on 30 October 2003, and referred to the relevant committee on 2 December 2003. 20. High Constitutional Court Draft Law: Submitted by the Cabinet on 30 October 2003, and referred to the relevant committee on 2 December 2003.

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21. Public Budget Draft Law for the 2004 Fiscal Year: Submitted by the Cabinet on 3 December 2003, and referred to the relevant committee on 3 December 2003. The following table shows the numbers and types of draft laws during the past four years:

Year Referred to

Committees before General Discussion

General Discussion

First Reading

Third and/or Second

Reading and Referred to

the President

Approved by the President

2003 21 5 5 7 4 2002 2 10 2 3 5 2001 4 12 1 6 5 2000 4 7 2 9 7

Other Legislative Activities The executive branch, through the Ministry of Finance, submitted implementation regulations for the Civil Service Law to the PLC in order to elicit the council’s opinion. The PLC Speaker referred the draft legislation to the Public Budget and Financial Affairs Committee, which was to cooperate with the Legal Committee to “review (the regulations) and affirm that they are in accord and agreement with the provisions of the Civil Service Law no. 4 of 1998, and to offer their remarks on them. This is to enable the executive branch to publish the implementation regulations in the official gazette, rendering them operative upon publication.”11 4. Oversight Activities of the Council Oversight over the executive branch is the PLC’s second main area of jurisdiction alongside promulgating laws. The Palestinian Basic Law and the PLC Bylaw grant the PLC a set of powers and instruments to enable Council members to exercise their oversight role vis-à-vis the executive branch. These instruments include: approval of the development plan and the public budget, as well as monitoring their implementation; granting confidence to the government; requesting withdrawal of confidence in the government or one of its members; questioning; approval of agreements and treaties; and censure of the government. In addition, the PLC exercises its oversight role through the monitoring work of the committees. The following are the most important oversight issues falling within PLC jurisdiction, along with the role that the PLC exercised in each during 2003: 1. Granting Confidence to the Government Three Palestinian governments were formed during 2003, two of which received votes of confidence from the PLC. The third government, regarded as an emergency government, was not presented to the PLC for a confidence measure. The PLC granted confidence to the government formed under the premiership of Mahmoud Abbas (Abu Mazen), the first government formed after creation of the Office of Prime Minister, at its session held in Ramallah on 29 April 2003. The confidence measure passed with a 51-vote

11 See the minutes from the 10 March 2003 session in Ramallah.

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majority, with 18 votes opposed and 3 abstentions. The PLC also granted confidence to the government of Ahmad Qurei (Abu ‘Ala`), formed following the resignation of Mahmoud Abbas’s government and the end of the emergency government’s mandate. It passed this confidence measure at its 13 November 2003 session with a 48-vote majority, with 13 votes opposed and 4 abstentions. Further, the Oversight of Human Rights Committee submitted a report to the Council, and among the report recommendations was the withdrawal of confidence from Ministers Hisham Abdel Razeq and Abdel Karim Abu Salah. This recommendation came against the background of their meeting with the Israeli Minister of Justice in occupied (East) Jerusalem. The matter ended with the PLC accepting an apology from the ministers (even though Minister Abdel Razeq did not attend the session12) and censuring the government (Decision no. 611/1/2003). The Oversight of Human Rights Committee’s request that confidence be withdrawn from the two ministers is not in keeping with the PLC Bylaw, which stipulates that a request for withdrawal of confidence from the government or a minister be submitted by at least ten PLC representatives. The PLC Bylaw does not grant this right to a PLC committee. Further, in its report on the International Palestine Bank, the Oversight of Human Rights Committee recommended that the head of the General Control Commission and Governor of the Monetary Authority be submitted to the PLC for a confidence vote. Based on this recommendation, the Council decided at its session on 30 December 2003 that both must receive a vote of confidence in accordance with the provisions of Article 93 of the Basic Law. During September 2003, 15 representatives submitted an official memorandum to the PLC Presidency Office demanding that the subject of withdrawing confidence from the Mahmoud Abbas government be inserted in the PLC agenda. 2. The Emergency Government For the first time since the PNA’s establishment, on 5 October 2003 the President declared a state of emergency, based on the seventh section of the Basic Law. The same decree formed a government called the “emergency government.” Heated debate then erupted within and outside of the PLC surrounding the issue of submitting the emergency government to the PLC for a vote of confidence. The final decision decreed that it would not be submitted to the PLC. However, the PLC expressed its uneasiness regarding the declaration of a state of emergency, along with its hope that this state would end on the date specified by law (Decision 621/1/8). It is noteworthy that the Basic Law makes no mention of an emergency government, but treats the provisions of a state of emergency in its seventh section (Articles 110 – 114). The Basic Law specifies measures that may not be taken during a state of emergency, but it does not specify or enumerate those measures that may be taken. Article 113 of the Basic Law stipulates that it is impermissible, for example, to dissolve or suspend the work of the PLC during the emergency period. 3. The Public Budget: The executive branch complied, at least partially, with the Public Budget Regulation Law. It submitted the budget bill for the 2004 fiscal year a month after the specified date. However, as of the end of 2003, the draft law remained under scrutiny by the PLC Budget Committee. Moreover, the executive branch, through the Ministry of Finance, submitted only two out of four quarterly reports on the course of implementing the approved budget. Further, the government did not submit the final accounts for the 2002 12 See the minutes from the 20 July 2003 session.

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budget, as it was required to do prior to the end of 2003. Since approval of the Public Budget Regulation Law, the executive branch has only submitted two final reports, for 1997 and 2000. These reports were incomplete and neither was accompanied by a report by the General Control Commission. 4. Fact-finding/Investigative Committees Article 58 of the amended Basic Law stipulates: “The Council may form a special committee or entrust one of its committees to conduct information-gathering and fact-finding in any public matter, or in any public institution.” During 2003, the PLC did not form any special investigative or fact-finding committees. 5. Hearings: Some Council committees held hearings with ministers or government officials, including the prime minister. For example, the Political Committee held a hearing with Prime Minister Mahmoud Abbas on 4 August 2003, and a hearing was held in Gaza for the Minister of Security Affairs with representatives from the Interior and Security Committee, the Political Committee, and the Legal Committee. The Oversight of Human Rights Committee held a hearing for the governor of the Monetary Authority on the issue of the International Palestine Bank on 22 July 2003, and the Public Budget and Financial Affairs Committee held a hearing for the Minister of Finance on 7 July 2003 on a number of issues, including the Petroleum Commission, appointments, promotions, and retirement. 6. Questioning and Inquiries There was increased questioning of the ministers by Council members during 2003 on the work of their ministries and the work of connected or attached public institutions. This questioning dealt with a number of areas, including: the performance of a particular ministry or government agency in a specific area, the manner of providing services to citizens, the cause of delaying or refraining from providing services to citizens, government negligence in the performance of its duties (such as securing work opportunities for the unemployed), the exemption of particular bodies or persons from legal or financial obligations, seeking clarification on government plans or policies in a particular case or on a specific issue, and shortcomings or corruption in the performance of some government or public institutions. In general, the ministers’ responsiveness to representatives’ questions was satisfactory. 7. Investigations and Reports by Committees On 20 August 2003, the Oversight of Human Rights Committee presented a special report on what it regarded as administrative and financial problems at the Patient’s Friends Society (Khalil Abu Raya Center). Although the report is related primarily to a nongovernmental charitable association, it addresses the role of the Ministry of Health, especially the role of the deputy minister. Some other committees submitted specific reports on the performance of the executive branch, such as the Economic Committee’s report on the legislation regulating the work of the ministries and economic institutions, along with its report on the mounting financial deficit at the water utility of the Jerusalem governorate, as well as on European assistance to the PNA.

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8. Monitoring the Emergency Government: On 5 October 2003, the PNA President declared a state of emergency, based on Article 110 of the Basic Law. The third clause of this article states: “The Legislative Council shall have the right to review all or some of the procedures and measures that have been implemented during the emergency state at the first session to be convened after the announcement of the state of emergency, or in the extension session (whichever comes earlier), and to conduct the necessary questioning in this regard.” Further, the executive branch obligated itself to present the procedures taken to the Council. Article 3 of the presidential decree declaring the state of emergency states: “After the legal period stipulated by Article 110 of the seventh section of the Basic Law has passed, the procedures and steps taken shall be presented to the Legislative Council.” However, upon completion of the 30-day period stipulated by Article 110 of the Basic Law, the executive branch did not submit any report on the procedures and steps that it took. 9. Powers of Approval of Executive Branch Appointments: The Basic Law grants the PLC the authority to approve the appointment of the governor of the Monetary Authority (Article 93). This notwithstanding, the executive branch continued to refrain from submitting its appointee to this position to the Council. The PLC issued Decision no. 626/1/8 requesting that the executive branch complete appointment procedures for the governor of the Monetary Authority by presenting this appointee to the Council in accordance with the provisions of Article 93 of the Basic Law. The executive branch continued to ignore the Council’s request. Part Three: PICCR’s Activities in Support of the PLC: During 2003 PICCR undertook a host of activities to support the PLC. These activities aimed to support the process of building a legislative branch that is capable of carrying out its work independently and effectively. They may be summarized as follows: Review and Development of Laws: In accordance with the presidential decree that established it, PICCR reviews and helps develop Palestinian laws to ensure that they comply with international human rights standards and requirements. To that end, during 2003 PICCR prepared legal studies and memorandums on laws and bills related to citizens’ rights, and it also held workshops and experts’ meetings to discuss these laws and bills. PICCR dealt with nine laws and bills, including the PLC Bylaw, during 2003.13 Submission of the Eighth Annual Report to the PNA President and the PLC Speaker: The Eighth Annual Report addresses various aspects of citizens’ rights in the West Bank and Gaza Strip during 2002, in addition to documenting Israeli violations of Palestinian citizens’ rights. The report also addresses the problems facing the three branches of government, and offers recommendations regarding each. PICCR submitted the Eighth Annual Report, as in previous years, to the PNA President and the Speaker of the PLC during March 2003. 13 See item “Review and Development of Laws” in the second section of Chapter 3 of this report.

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Following up General Cases with PLC Committees: In following up citizens’ complaints and general cases, PICCR sometimes turns to PLC committees, especially in the absence of cooperation on the part of particular executive branch bodies in dealing with complaints. During 2003 PICCR turned to PLC committees in regards to some general cases (such as the living conditions in reform and rehabilitation centers, and the implementation of decisions of the Palestinian High Court of Justice). Providing Reports to the PLC: The special and legal reports issued by PICCR illuminate shortcomings in the operative legislation or in the performance of some executive branch institutions, furnishing the PLC with substantive material. This material advances efforts to rectify such shortcomings, either legislatively or through questioning or monitoring the executive branch. The Council’s members, library, and departments were provided with PICCR’s reports dealing with general subjects and issues as regards legislation and practice. These reports close with conclusions and specific recommendations. During 2003 PICCR issued three reports in the legal reports series, one report in the law development series, and nine reports in the special reports series. Conclusions and Recommendations: The PLC operates, like the rest of Palestinian public institutions, under difficult and complex conditions that keep it from undertaking its role in a complete and normal manner. With time, however, the Council has begun to adapt to the extraordinary and unprecedented measures imposed by the occupation authorities and become able, through videoconferencing technology, to overcome some of the impediments and obstacles. The creation of the Office of Prime Minister reflected positively on PLC activity. The number of draft laws submitted by the Cabinet increased, the Council committees were active, and the number of questions posed to ministers increased. In general, parliamentary work was more active during 2003 as compared to the previous two years. This notwithstanding, for the eighth consecutive year the PLC was unable to overcome some internal shortcomings present since its inception. It is clear that the Council, in its current form, is incapable of overcoming the domination by the executive branch so as to ensure effective and independent work. Council membership lacks effective opposition, as members supportive of the government constitute a clear majority sufficient to shoot down any proposal not in keeping with the orientation pursued by the government or PNA President. Despite the conclusion of its legal term, the PLC has not exerted sufficient efforts to push for new legislative elections. The Elections Draft Law, which constitutes one of the main factors for the next legislative elections, is still going back and forth within the PLC. Despite the passage of an entire year, this bill is still under review by the Legal and Political Committees, without having been referred for general discussion by the Council. Needless to say, failure to approve the Elections Law and failure to set an elections date frustrate the process of elections preparation.

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Recommendations: In view of the importance and integrity of the Palestinian parliamentary work, PICCR affirms the need to adopt the following recommendations: 1. Given that the PLC’s legal term has ended, and affirming the importance of the principle of rotation of power and the integrity of parliamentary work, as well as the importance of injecting the Council with new members, PICCR affirms the necessity of expediting the holding of general elections to elect a new Legislative Council. 2. The General Elections Draft Law should be passed promptly, so as to clarify the legal framework for the next elections. 3. The elections system should be reviewed to encourage the development of parliamentary blocs and political parties. In this regard, PICCR emphasizes the observations it put forth in a letter sent to the Speaker and members of the PLC on 10 September 2002 concerning the elections system, particularly the following areas: the formation and mandate of the Central Elections Committee, the quota system, election districts, and elections propaganda and financing. 4. Immediately after elections are held, the PLC should undertake a comprehensive review of the PLC Bylaw and its administrative structure, benefiting from its previous experience and drawing from the experiences of parliaments in other democratic states. 5. Clear work plans should be set down for the committees, and these plans should be linked to the PLC’s general strategy. 6. The PLC should use the powers vested in it to compel the executive branch to hold elections to local authorities as soon as possible. 7. The PLC should intervene to compel the executive branch to delineate the jurisdiction of the Ministry of Interior and clarify its relationship to the various security agencies. 8. The PLC, should follow up on the executive branch, so as to ensure that bylaws and regulations necessary for implementing various operative laws are put in place, such as the Labor Law, the Civil Service Law, and the Nongovernmental Organizations and Charities Law. 9. The PLC Bylaw should be amended to better clarify the rights and duties of representatives and the procedure for holding them accountable so as to ensure representatives’ active participation in making decisions related to the Council’s work. 10. The PLC Bylaw should be amended so that it is in keeping with the latest amendment to the Basic Law, which provides for the creation of the office of prime minister. 11. Serious consideration should be given to filling the position of PLC Secretary General with a professional employee who is not a council member. 12. Improvement of the administrative infrastructure of the PLC and strengthening the capabilities of its employees should continue. There should be a special focus on addressing the problem of duplication of offices in the West Bank and Gaza Strip, as well as the inflated number of employees (whose number is nearing 600).

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13. The PLC, in coordination with the executive branch, should prepare a legislative plan with clear priorities for the purpose of developing the lawmaking process in a manner that responds to the needs of Palestinian society. 14. The PLC should exercise its oversight role more earnestly and make use of the effective monitoring instruments. It is insufficient for the PLC merely to gather information, issue reports, pose questions, and adopt recommendations. The Council’s oversight role is just as important as its legislative role. 15. The PLC should carry out its mandate in approving appointments to high public positions (such as the governor of the Monetary Authority, the head of the General Control Commission) and in ensuring the executive branch’s adherence to sound and transparent procedures in appointing the heads of public commissions and authorities. 16. The PLC should assume its role in monitoring price setting for basic goods and services, such as fuel, water and communications. The PLC is also called upon to give its opinion on the fees imposed and collected by the various government institutions and local authorities, as well as to ensure that all of these fees are imposed, calculated, and collected in accordance with the law. 17. The executive branch should respect the procedures for ratifying and publishing laws, including the Public Budget Law. In implementation of the Public Budget Regulation Law of 1998, the public budget, final accounts, and quarterly reports must be submitted on the set dates. 18. The PLC should hold discussions on the annual reports issued by PICCR.

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Section Two: The Judicial Authority Introduction There were some new developments within the judicial branch during 2003, such as the appointment of a number of judges and aides to the Office of the Attorney General. Further, the salaries of judges and members of the Office of the Attorney General were increased in the application of the financial component of the Judicial Authority Law of 2002. Also during the year, a new Attorney General was appointed, the High Judiciary Council was re-formed, changes were made in the formation of judicial committees, the courts and departments of the Office of the Attorney General were furnished with new equipment and furniture, and some courts were moved to modern buildings. This is in addition to the training and the rehabilitation of members of the judicial circuit, whether through training activities in the West Bank and Gaza Strip or by sending trainees abroad. Despite the continuation of Israel’s arbitrary and oppressive measures and practices against Palestinian citizens, lawyers were able to hold free and fair elections to the Bar Association on 11 July 2003. The Bar Association’s elected board commenced its work in regulating the legal profession and strengthening its standing. It also took serious positions on some of the violations to which the judicial branch is subjected, whether from within or without. Among the most important developments during 2003 was the abolishment of the state security courts, which had given rise to controversy surrounding their legality and the legality of their rulings. Without underestimating the importance of the positive developments that occurred during 2003, the judicial branch continues to suffer from chronic problems in numerous areas. In general, it remains incapable of carrying out its functions and powers as a fair, independent, and effective branch of government. There is still an intense conflict between the High Judiciary Council and the Ministry of Justice over the distribution of functions and powers, and there is still a lack of judicial inspection of judges and courts. In addition, the executive branch does not respect some court rulings. In this section, PICCR addresses the most important developments within the judicial branch during 2003, focusing on the following: amendment of judicial laws, the formation and jurisdiction of the regular courts, matters involving the Office of the Attorney General, the administration of Judiciary affairs, the religious courts, regulation of the legal profession, the security and special courts, and problems that continue to face the judicial branch.

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1. Amendment of Judicial Laws The following laws regulate the work of the Palestinian judicial branch: the Formation of Regular Courts Law no. 5 of 2001, Judicial Authority Law no. 1 of 2002, and Palestinian Basic Law of 2002. In addition, the Criminal Procedures Law no. 3 of 2001 contains some provisions on the jurisdiction of the Office of the Attorney General and the jurisdiction of the courts in criminal matters. Further, the Civil Courts Code Law no. 2 of 2001 contains similar provisions in rights matters. Undoubtedly, the body of judicial laws issued in 2001 and 2002 comprise modern, developed laws promulgated after studying the situation of the Palestinian Judiciary in depth and responding to its needs. This notwithstanding, experience has revealed a pressing need for amending some provisions of the Judiciary Authority Law for the following reasons: 1. There is controversy over the distribution of tasks and powers between the Ministry of Justice and the High Judiciary Council, specifically the role the Ministry of Justice in appointing public prosecutors and aides and exercising administrative oversight over the courts and their administrative staffs, as well as the responsibility for the Judicial Inspection Department and the Judiciary Institute.1 Thus, the need has become apparent to review some of the Judicial Authority Law’s provisions in order to clarify the tasks and jurisdictions of the Ministry of Justice and the High Judiciary Council, as well as to regulate the relationship between them. 2. A sharp controversy has arisen in legal circles over the legality of the High Judiciary Council, in regards to the transitional council, due to its formation in contravention of Article 81 of the Judicial Authority Law, or the council formed on 18 May 2003, due to the presence of some of its members. Thus, the need has become apparent to reexamine Articles 81 and 37 of the Judicial Authority Law in order to settle this dispute. 3. Serious questions have arisen regarding the soundness of the appointments and promotions made within the judicial circuit and the Office of the Attorney General during 2003. Thus, the need has become apparent to reexamine the relevant provisions to ensure hiring on the basis of expertise and qualifications. This may necessitate the formation of a special committee to select judges and members of the Office of the Attorney General. Such a committee should be composed of delegates from the High Judiciary Council, the Cabinet, the Bar Association, and the PLC. 4. The three-member system for judicial committees in the courts of first instance has reduced the Judiciary’s productivity and slowed case settlement. As a result, many have demanded re-institution of the one-judge system, so as to increase the number of judicial committees in the courts of first instance and thus speed up the review and settlement of pending cases. 2. Regular Courts According to the Formation of Regular Courts Law no. 5 of 2001 and the Judicial Authority Law no. 1 of 2002, the regular courts comprise of the following: the courts of conciliation, the courts of first instance, the appellate courts, and the Supreme Court. These courts have jurisdiction over all disputes and crimes, except for those exempted by special legal texts. The judicial branch has jurisdiction over all legal persons.2 1 The amended Judicial Authority Draft Law, prepared by the PLC Legal Committee, first half of the eighth legislative term. 2 Formation of Regular Courts Law no. 5 of 2001, Article 2/1; Judicial Authority Law no. 1 of 2002, Article 14.

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Courts of Conciliation The Formation of Regular Courts Law and the Judicial Authority Law provide for the establishment of one or more conciliation courts, depending on need, in the district of each court of first instance. The conciliation courts exercise the powers granted to them by law. The High Judiciary Council regulates the activities of the conciliation courts and divides them into jurisdictions if needed. The High Judiciary Council appoints one or more conciliation judges to review time-sensitive or expedited matters, called judges of summary justice, in accordance with the provisions of the Civil and Commercial Trials Code Law no. 2 of 2001.3 The courts of conciliation review cases whose value does not exceed 20,000 Jordanian dinars or the equivalent in a legally circulating currency.4 The verdict in such cases is final if the case’s value does not exceed 1,000 dinars or its equivalent. The courts of conciliation also have jurisdiction to review certain types of cases regardless of their value: division of moveable and immovable property; evictions; access rights; disputes involving compulsory acquisition; disputes involving real estate usage rights; definition and revision of borders; reclamation of borrowed items5; and use and maintenance of shared space in multistory buildings. The conciliation courts also review cases that other laws stipulate to be within their jurisdiction.6 There are 16 conciliation courts in the West Bank and Gaza Strip, and they have 44 judges distributed as follows: Jabalya, 3; Gaza, 9; 7 Deir Al-Balah, 3;8 Khan Younis, 3; 9 ‘Absan, 1; Rafah, 2; Jenin, 3;10 Nablus, 4;11 Qalqilya, 1;12 Salfit, 1;13 Tulkarem, 2;14 Ramallah, 4;15 Bethlehem, 3; Jericho, 2;16 Hebron, 2;17 Doura, 1.18

3 Formation of Regular Courts Law no. 5 of 2001, Articles 8 – 11; Judicial Authority Law no. 1 of 2002, Article 13. 4 Some lawyers contend that the law needs to be amended so as to limit the conciliation courts’ jurisdiction to review of cases whose value does not exceed 5,000 Jordanian dinars. 5 "Borrowed items" as defined by Article 813 of the Justice Code Journal operative in the West Bank and Gaza Strip are trustfully deposited items in the hands of the borrower. 6 See Article 39 of the Civil and Commercial Trials Code Law no. 2 of 2001. 7 This court had seven judges during 2002. 8 This court had two judges during 2002. 9 This court had two judges during 2002. 10 This court had one judge during 2002. 11 The Nablus conciliation court had one judge during 2002, and the number rose to four due to new appointments, bringing the number up to where it was during 2001. 12 This is Justice Shaher Nazzal, who was appointed during 2003 as a permanent judge in the Salfit conciliation court. He had formerly presided as a part-time judge in this court. 13 Justice Ghassan Al-Risheh presides full-time over this court. He formerly presided over two courts; spending two days at the Salfit conciliation court and the remainder of the week at the Qalqilya conciliation court. 14 Two new judges were appointed to the Tulkarem conciliation court during 2003, Khaled Abu Khadijeh, and Sa`ed Al-Hamdullah. Formerly, only one judge presided over the court. 15 This court had two judges during 2002. 16 This court formerly had three judges, but their number dropped to two during 2003: ‘Awatef Qub’ah and Ashraf Musa ‘Ereqat. 17 This court had three judges during 2002. 18 Justice Ahmad Al-Tubasi replaced the former judge.

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On 10 August 2003, 20 new conciliation judges were appointed, 13 of whom had been working in the Office of the Attorney General and the rest of whom were lawyers.19 These appointments took place alongside the promotion of 10 conciliation judges20 (from those appointed on 2 January 2002) to courts of first instance.21 The appointment of additional judges to the conciliation courts is regarded as an important step toward alleviating their shortage. This increase was readily apparent in most conciliation courts, especially in Nablus, Ramallah, Tulkarem, Jenin, Qalqilya, and Bethlehem. Nonetheless, there is still a need to hire more judges in the conciliation courts in Nablus, Ramallah, Hebron, Doura, and Tulkarem, given the large number of cases that these courts receive, as well as the large number of backlogged cases pending from previous years.22 The increase in conciliation judges did ease the burdens of these courts, especially after their jurisdiction was widened under the new judicial laws, and also because at least 16 judges must be free to preside over expedited cases, and 16 must be free to preside in the municipalities. In general, the conciliation courts suffer from a case backlog, especially after the transfer in 2001 of thousands of files from first instance courts to conciliation courts following the amendment of the conciliation courts’ jurisdiction from cases with a value of 250 Jordanian dinars to 20,000 Jordanian dinars. The problem of case backlog was further exacerbated in 2003 due to the continuation of Israeli practices, such as incursions, siege, closure, and curfews imposed for long periods, particularly in the cities of Nablus, Jenin, and Tulkarem. Judges, lawyers, and litigants were unable to reach these courts for long periods. Thus, judges must reside in their areas of work after they have been provided with temporary housing, and there must be oversight over the work hours of judges and support staffs.23 This will contribute to the regularity of court work and hasten review of new and backlogged cases. The High Judiciary Council issued a decision during the year establishing a new conciliation court in Tubas, but it had not yet begun work as of the end of 2003. Likewise, the conciliation courts in Bir Nabala and Al-Izzariyeh, whose formation was announced in 1997, have not yet commenced work, even though special buildings were rented for the courts in 2000, and legal aides and a number of employees were appointed in 2001. Work has not commenced at these courts because there is no Palestinian police force available to protect the courts, judges, and parties to the cases, as these courts are in Area “C,” which is subject to complete Israeli control. Courts of First Instance The Formation of Regular Courts Law and the Judicial Authority Law provide for the establishment of first instance courts in governorate centers as needed. The first instance courts consist of a court president and a sufficient number of judges. The court committee meets to review cases with three judges, the most senior of whom presides over the committee. It may also meet with the presence of only one

19 The following judges were appointed: Narmin Muhammad Mahmoud Suboh, Osama Abdullah Al-Kilani, Osama Mustafa Freih Abu Meddin, Jaber Jarir Marzouq Abu Hleib, Amjad Nabih Labadeh, Muhammad Suleiman Muhammad Al-Duhdouh, Kifah Abdel Rahim Al-Shouli, Rami Ishaq Hasan Muhana, Sa`ed Wahid Kamel Al-Hamdullah, Mamdouh ‘Ilayan Hasan Jaber, Ziad Abdel Rahman Jum’ah Al-Barawi, ‘Awni Abdel Rahman Al-Barbarawi, Khaled Abu Khadijeh, Bashar Jamal Nimer Barakat, Amal Kamel Said Al-Imam, Manal Ra`ed Saleh Al-Masri, Abdel Qader Saber Ali Jaradeh, Shaher Naji Hussein Nazal, and Zaher Muhammad Abdullah Al-Saqa. On 15 October 2003, Abdel Latif Suleiman Abdel Fatah was appointed judge at the Ramallah conciliation court. 20 The following conciliation judges were promoted: Adnan Salem Abu Wardeh, Fahmi Muhammad Al-Najar, Yousef Ragheb Hussein Safi, Jamal Abdel Qader Abu Salim, Wahid Abdel Aziz Al-'Imleh, Ilyas Ibrahim Al-Jallad, Issam Dawoud Al-Ansari, Boulit Ilyas Mitri, Sami Hussein Al-Ja’bari, and Muhammad Mahmoud Salameh. 21 There were 29 conciliation judges during 2001, 35 during 2002, and 44 during 2003. 22 For example, in the Nablus conciliation court, there are 12,000 cases awaiting review. 23 Nablus conciliation court judge Sami Al-Kilani is a resident of Jenin; Jenin conciliation court judge Abdel Karim Halaweh is a resident of Nablus; and Jenin conciliation court judges Bashar Nimer and Kifah Al-Shouli are residents of Tulkarem.

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judge in circumstances determined by law. When acting as an appellate court, the court of first instance consists of three judges and has jurisdiction over the appeal of verdicts issued by the conciliation courts. It is permissible to convene a court of first instance for criminal cases outside the court’s jurisdiction, if such a decision is issued by the President of the Supreme Court, based on a request from the Attorney General. A judge, called the judge of summary justice, may be appointed to review time-sensitive and expedited cases in response to a decision issued by the High Judiciary Council.24 Jurisdiction of Courts of First Instance First instance courts have general jurisdiction over the review of all civil cases falling outside the jurisdiction of the conciliation courts. In addition, the court of first instance reviews verdicts that are legally appealed from conciliation courts.25 With regard to criminal cases, courts of first instance review all crimes and misdemeanors that fall under their jurisdiction, as well as those transferred by verdict of indictment.26 In the West Bank, there are seven courts of first instance, and they have 23 judges,27 distributed as follows: Ramallah: 1 department with 3 judges; Hebron: 1 department with 4 judges;28

Nablus: 1 department with 4 judges; Jenin: 1 department with 3 judges;29 Bethlehem: 1 department with 3 judges; Jericho: 1 department with 3 judges; and Tulkarem, 1 department with 3 judges.30 In the Gaza Strip, there are 2 courts of first instance, and they have 16 judges,31 distributed as follows: Gaza first instance court: 1 department for criminal cases and 3 departments for civil and commercial cases, with a total 12 judges, 3 of whom are assigned;32 Khan Younis first instance court: 1 department with 4 judges, one of whom is assigned. During 2003, no new courts of first instance were formed in areas without such courts, such as Salfit, Tubas, Doura, northern Gaza, eastern Khan Younis, the central governorate, and Rafah. Despite the promotion of 10 conciliation judges to the first instance rank, as of the end of 2003 the number of first instance judges did not exceed 39, or only two more than in 2002. This number is insufficient, given that the number of judges in each of the courts of first instance (with the exception of the Gaza first instance court) is insufficient to form two judicial committees: one to review criminal cases and one to review civil cases.33 This is in addition to naming a judge of summary justice, a settlement judge, and a judge to head the enforcement department.34 24 Formation of Regular Courts Law no. 5 of 2001, Articles 12 – 17; Judicial Authority Law no. 1 of 2002, Article 12. 25 Civil and Commercial Trials Code Law no. 2 of 2001, Article 41. 26 Criminal Procedures Law no. 3 of 2001, Article 168. 27 There were 22 judges in first instance courts during 2002. 28 There were six judges presiding over this court during 2002, and the court was divided into two departments. 29 In accordance with Presidential Decision no. 39 of 1996, it was necessary to form this court that same year. During 2001, a special building was rented for the first instance court of Jenin, and legal aides were appointed. The court was not effectively formed, however, until after Decision No. 35 was issued on 4 March 2002. 30 Since 2001, a special building has been rented for the first instance court of Tulkarem, and legal aides have been appointed to the court. The opening of this court was not announced officially until 1 September 2003, whereupon the court was formed in compliance with Presidential Decision no. 39 of 1996. 31 There were 15 judges in the first instance courts in the Gaza Strip during 2002. 32 There were 9 judges presiding over this court during 2002. 33 During a meeting with the Bar Association, the president of the High Judiciary Council vowed to form two additional judicial committees in Ramallah, Nablus, and Hebron. 34 According to the enforcement laws, the enforcement department has jurisdiction over implementing regular court rulings in civil and criminal cases, in addition to religious court rulings. The president of the first instance court or the judge who he or she selects heads this department. One judge must be named to head the enforcement department and follow up court rulings. This requirement is stipulated by the Formation of Regular Courts Law, and taking this step will speed up enforcement procedures.

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The courts of first instance, with the exception of the Gaza court of first instance, suffer from misdistribution of judges among courts. Rather than increase the number of judges in all of the courts of first instance, their numbers were reduced in Khan Younis and Hebron during 2003, precluding the formation of two judicial committees in each, as was the case in 2002. Misdistribution of judges is particularly apparent in the Nablus, Ramallah, and Hebron courts. Moreover, the Israeli imposed restrictions on citizens’ travel have disrupted the courts’ work. This is especially true for those courts whose judges reside outside of their areas of work, such as the judges of the courts of first instance in Tulkarem, Jenin, Nablus, and Bethlehem.35 This situation requires that the High Judiciary Council make it obligatory for judges to reside in their places of work, upon their provision with alternative residences. As of the end of 2003, the High Judiciary Council had not taken decisions about naming judges of summary justice or settlement judges. In general, the buildings in which the first instance courts are housed are substandard, whether in terms of their design, size, or location. For example, the Ramallah court of first instance is still located in the center of a market in an old building that is too small to accommodate lawyers and litigants. Appellate Courts The Formation of Regular Courts Law provides for the establishment of appellate courts in Jerusalem, Gaza, and Ramallah. The court consists of a president and a sufficient number of judges. It convenes to review cases with the presence of three judges, the most senior of whom serves as presiding judge. The High Judiciary Council regulates the activities of the appellate courts and assigns them specialized areas of jurisdiction.36 The appellate courts have jurisdiction to review appeals of verdicts and rulings issued by the first instance courts in their capacity as first level courts, as well as any appeals raised under any other laws.37 All verdicts or rulings issued in expedited cases may be appealed, regardless of which court issued them, to the appellate court.38 Final verdicts and decisions issued by conciliation courts can be appealed if they contravene jurisdictional rules related to public order or if they are nullified by a ruling or the ruling procedures.39 The Gaza high appellate court comprises of two departments. The first is composed of Fawzi Abu Watfeh as president, and members Walid Al-Hayek and Mazen Seisalem. The second is composed of Ishaq Muhana as president, and members Zakariya Kheil, Mazen Seisalem, and Sami Saba.40 In the West Bank, the high appellate court was re-formed during 2003, with Imad Salim as president, and members

35 Two judges of the Tulkarem court of first instance reside outside of the city of Tulkarem: Fawaz Masa’id resides in Nablus, and Taleb Al-Buzour resides in Jenin. Two judges of the Nablus court of first instance reside outside of the city of Nablus: Taysir Abu Zaher resides in Salfit, and Said Al-Sheikh resides in Jenin. The three judges of the Jenin court of first instance reside outside of the city: Hilmi Al-Kakhan, from Nablus, and Rasmi Al-Sa’ed and Ilyas Al-Jallad, from Tulkarem. 36 Formation of Regular Courts Law no. 5 of 2001, Articles 18 – 21. 37 Ibid, Article 22. 38 Civil and Commercial Trials Code Law no. 2 of 2001, Article 202. 39 Ibid, Article 203. See also, the third part of the Criminal Procedures Law no. 3 of 2001, regarding the jurisdiction of appellate courts in criminal cases. 40 Justice Sami Saba joined the appellate court committee during 2003, and on 20 October 2003, President Arafat issued a decision promoting Amin Iyad Wafi, Ishaq Hasan Muhana, Sami Saba, and Mazen Seisalem to the Supreme Court. Justice Ishaq Muhana was assigned president of the Gaza appellate court, whereupon he took the place of Amin Wafi on the High Judiciary Council.

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Muhammad Abu Ghosh, Iman Nasser Al-Din, Abdullah Ghozlan, Fathi Abu Srour, Hisham Al-Hatou,41 Farid Abu Musleh,42 Mustafa Al-Qaq,43 and Rafiq Zuhd. In contrast to 2002, when there was one court comprising two departments, since 1 September 2003, the court has comprised of one department headed by the court president or, in his absence, the eldest judge. The appellate court in the West Bank does not suffer from a shortage of judges. Nonetheless, it did not function with regularity during the year due to the flare-up of a conflict between the court judges over rankings and presidency of judicial committees. As a temporary solution, an implicit agreement was reached under which Justice Imad Salim,44 Abdullah Ghozlan,45 Fathi Abu Srour, and Muhammad Abu Ghosh assumed presidency of some committees in some criminal areas. These conflicts reflected negatively on the court’s work. At the end of 2003, the headquarters of the appellate court in Ramallah was moved to a modern building. The Supreme Court The Supreme Court consists of a president, one or more vice presidents, and a sufficient number of judges. Although the Supreme Court’s permanent headquarters are in Jerusalem, it temporarily convenes in Gaza City and Ramallah.46

The Supreme Court may convene if at least two-thirds of its members are in attendance. It holds court upon the request of its president or one of its departments in order to deal with one of the following situations: retraction of a legal principle previously decided by the Court, or consideration of a case that contradicts previous principles if the case is based upon a new legal point, a legal complication, or an issue of particular significance.47 The High Judiciary Council regulates the activities of the Supreme Court and assigns them specialized areas of jurisdiction.48 The Supreme Court has been in the process of establishing a technical office presided over by one of its judges and assisted by a number of judges, retired judges, or senior lawyers chosen by the High Judiciary Council for renewable two-year terms. This office specializes in deriving legal principles that the Supreme Court selects from among its verdicts, and subsequently classifying them and overseeing their publication once they are presented to the court president. This office also prepares necessary studies and undertakes any other matters with which the Supreme Court president entrusts it.49 The technical office was established during 2003, and it commenced work on 1 September 2003. According to the Formation of Regular Courts Law no. 5 of 2001 and the Judicial Authority Law no. 1 of 2002, the Supreme Court shall consist of the Court of Cassation and the High Court of Justice.

41 During 2003, he was assigned for varying periods of time to the Court of Cassation in addition to his regular position. At the beginning of the judicial year, the period of assignment ended. 42 He was assigned to the Court of Cassation in addition to his regular position. 43 He was assigned for varying periods of time to the Court of Cassation in addition to his regular position. At the beginning of the judicial year, the period of assignment ended. 44 In the presidential decree establishing the High Judiciary Council, issued on 18 May 2003, Imad Salim was appointed president of the Ramallah appellate court, provoking the ire of some judges. 45 On 13 December 2003, Justice Abdullah Ghozlan was assigned to the Court of Cassation for a period of six months. 46 Formation of Regular Courts Law no. 5 of 2001, Article 24; Judicial Authority Law no. 1 of 2002. 47 Formation of Regular Courts Law no. 5 of 2001, Article 25. 48 Ibid, Article 28. 49 Ibid, Article 26; Judicial Authority Law no. 1 of 2002, Articles 9 and 10.

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The Court of Cassation The Court of Cassation convenes with the president of the Supreme Court and four judges. When the president is absent, the most senior of the president’s deputies serves as presiding judge. In this deputy’s absence, the most senior judge in the committee presides.50 The court has jurisdiction over the review of appeals on civil and criminal cases brought to it from the appellate court, over the personal status matters of non-Muslims, and over appeals raised by the first instance courts in their capacity as courts of appeal. It also has authority over issues related to changes to the legal basis of claims and any demands raised by virtue of other laws.51 During 2003, the Court of Cassation was re-formed in Gaza along the following lines: Zuheir Al-Sourani as president, Khaled Al-Qidreh as deputy to the president, and Muhammad Suboh, Khalil Al-Shayah, Adnan Al-Zein, Sa’adeh Al-Dajani, and Amin Wafi as members.52 In the West Bank, the Court of Cassation in Ramallah was re-formed to consist of two departments: the Civil Cassation Department headed by Amin Abdel Salam Al-Azoni,53 and the Criminal Cassation Department headed by Zuheir Khalil. The membership of the two departments is composed of: Muhammad Seder, Osama Al-Taher, Farid Abu Misleh (assigned from the appellate court), and Abdullah Ghozlan (assigned from the appellate court). The Court of Cassation reviewed a small number of cases during 2003, because lawyers are still reluctant to resort to it given their weak experience in terms of preparing cases for and appearing before such courts, as well as the weak judicial experience on the part of judges. This situation requires that Cassation Court judges be sent to neighboring Arab countries to study how to work and excel in cassation courts. The Court of Cassation, whether in the West Bank or the Gaza Strip, does not suffer from the problems faced by other courts, either in terms of the number of judges or employees, or in terms of the regularity of operation. At the end of 2003, the Court of Cassation moved to a new building. The High Court of Justice The Formation of Regular Courts Law provides for the convening of the High Court of Justice with the court president and at least two judges. When the president is absent, the most senior of the president’s deputies serves as presiding judge. In this deputy’s absence, the most senior judge in the committee presides.54 The High Court of Justice has jurisdiction over the review of election appeals (with the exception of presidential and legislative elections) and demands for the annulment of bylaws, statutes, or administrative decisions that affect individuals or property and are issued by public agencies, including professional syndicates. It has jurisdiction over requests opposing imprisonment and demanding that release orders be issued in cases of illegal detention. It also has authority over disputes related to public posts, including such issues as appointment, promotion, raises, salaries, transfer, retirement, discipline, forced early retirement, dismissal, and other issues related to employment. The High Court of Justice also

50 Formation of Regular Courts Law no. 5 of 2001, Article 29. 51 Ibid, Article 30. See also the Civil and Commercial Trials Code Law no. 2 of 2001, Articles 225 – 243. 52 The following left the Court of Cassation in Gaza during 2003: Radwan Al-Agha, the former president of the High Judiciary Council who was replaced by Justice Zuheir Al-Sourani, and Jamil Al-‘Ashi, who retired after reaching age 70. Further, Justice Younis Al-Agha was transferred to the committee of the High Court of Justice in Gaza. 53 On 30 April 2003, President Arafat issued Decision no. 56 of 2003, ordering that Amin Abdel Salam Al-Azoni be reinstated as a Supreme Court judge, published in the Palestinian Minutes, no. 45, May 2003. 54 Formation of Regular Courts Law no. 5 of 2001, Article 33.

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has jurisdiction over an administrative body’s refusal or failure to take a decision it should have taken in accordance with pertinent laws or codes, as well as over all other administrative disputes. It also has jurisdiction over other issues that are neither cases nor trials, but merely petitions or summons beyond the authority of any court and that require judicial settlement. It also has jurisdiction over other matters brought before it in accordance with provisions of the law.55 Requests and appeals brought before the High Court of Justice by individuals and committees mentioned in Article 33 of the Formation of Regular Courts Law are to concern one or more of the following issues: jurisdiction, procedural flaws, the contravention of laws or regulations, or errors in their interpretation or application, and the abuse or arbitrary use of power.56 During 2003, the High Court of Justice was re-formed along the following lines: The High Court of Justice in Gaza comprises two departments. The first is composed of Zuheir Al-Sourani as president, Fayez Al-Qidreh as deputy president, and members Younis Al-Agha, Yahya Abu Shahla, Adnan Al-Zein, and Amin Wafi. The second is composed of two departments headed by Justice Fayez Al-Qidreh.57 The High Court of Justice in Ramallah comprises one department, with Sami Sarsour as president and members As’ad Mubarak and Zuheir Khalil.58 During 2003, the Supreme Court in Gaza remained composed of two departments with six judges and one president. The High Court of Justice in Ramallah was re-formed to comprise one department, whose judges were reduced from six to four, reflecting negatively upon the number of cases reviewed by the court. During 2003, the High Court of Justice issued a number of decisions nullifying practices of the executive branch that contravened the law, including:59 1. On 3 April 2003, the High Court of Justice in Ramallah issued a decision annulling the Minister of Education’s decision on 1 August 1998 to transfer Kamal Abdel Fatah Mahmoud Hanoun, of Al-Mazra’a Al-Qibliya/Ramallah, from his position as school principal to a teaching position. The decision also nullified all of the consequent effects of the minister’s decision since it was issued. 2. On 17 July 2003, the High Court of Justice in Ramallah issued a decision annulling the Deputy Minister of Waqf’s decision to dismiss Mahmoud Al-Abadi from his position as the muezzin in Al-Far’ah Mosque.

55 Ibid, Article 33. 56 Ibid, Article 34. 57 The following left the committee of the High Court of Justice in Gaza during 2003: Radwan Al-Agha, the former High Court of Justice president, who was replaced by Zuheir Al-Sourani; Hamdan Al-Abadleh, who retired after reaching age 70; Hussein Abu Asi, who was appointed Attorney General; and Sa’adeh Al-Dajani, who was transferred to the committee of the Court of Cassation. 58 Justices As’ad Mubarak and Osama Al-Taher from the appellate court were assigned to the High Court of Justice. On 20 October 2003, they were promoted to the Supreme Court, and Justice Osama Al-Taher was appointed to the Court of Cassation. 59 On 28 July 2003, PICCR sent a letter to the Minister of Justice demanding that he work to compel the ministries and security agencies to implement court rulings. It sent another letter in this regard to the Cabinet Secretary General on 24 October 2003.

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3. On 17 May 2003, the High Court of Justice in Gaza issued a decision ordering the release of Taysir Abu Mugheisib, of Al-Bureij Camp, who had been detained by the Military Intelligence agency since 15 July 2001. 4. On 17 May 2003, the High Court of Justice in Gaza issued a decision ordering the release of Mahdi Abu Seif, of Al-Bureij Camp, who had been detained by the Military Intelligence agency since August 2002. 5. On 15 April 2003, the High Court of Justice in Gaza issued a decision ordering the release of Majed Murtaja, of Gaza, who had been detained by the General Intelligence agency since 2 November 2002. As of the end of 2003, the above rulings had not yet been implemented, nor had a number of other rulings issued previously.60 Specialized Regular Courts Since the appellate court for income taxes was abolished and jurisdiction over income tax cases was transferred to the courts of first instance, the municipal courts have been the only specialized regular courts within the Palestinian judicial system. These courts have jurisdiction over the review of infractions of the Palestinian Local Authorities Law.61 Their jurisdiction covers the full area of the municipality, and it may extend to more than one municipality. The municipal court is composed of one judge from the conciliation court. There are ten municipal courts in the West Bank with a number of conciliation courts, and there are six municipal courts in the Gaza Strip. The law allows a municipal court to be formed in each area where there is a conciliation court. These courts hold their sessions in municipal buildings. No fundamental developments took place in the municipal courts during 2003. No new municipal court judges were appointed, despite the fact that these courts convene only once a week and their judges work concurrently as conciliation judges. This situation prolonged case review, compelling many local authorities to use force or request assistance from Palestinian factions and parties to resolve their disputes with citizens rather than transfer these cases to the courts. 3. The Office of the Attorney General In accordance with the Criminal Procedures Law, the Attorney General’s office has jurisdiction over handling and initiating criminal cases. The Attorney General undertakes criminal cases on his own initiative or through that of a member of his office. The members of the Attorney General’s office assume responsibility for law enforcement and supervise law enforcement officers in all of their spheres of jurisdiction. The law enforcement officers investigate crimes and their perpetrators, gathering all evidence necessary for the investigation of cases. The Attorney General supervises law enforcement officers and

60 Rulings issued by the High Court of Justice but not implemented include the following: 1. Decision by the High Court of Justice in Gaza issued on 24 November 2002, ordering the release of Eid Abu Nseir, of Deir Al-Balah, detained by the Military Intelligence agency since 7 June 2000; 2. Decision by the High Court of Justice in Gaza issued on 16 May 2002, ordering the release of Saher Abu Khatab, of Deir Al-Balah, detained by the Military Intelligence agency since 8 August 2001; 3. Decision by the High Court of Justice in Gaza issued on 24 November 2002, ordering the release of Omran Sharif Al-Jallad, of Khan Younis, detained by the Preventive Security agency since July 2001. 61 Palestinian Local Authorities Law no. 1 of 1997, Article 15.

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others subject to his oversight. He requests agencies to take disciplinary measures against those who fail to fulfill their duties or who are negligent in their work.62 The Office of the Attorney General is composed of the Attorney General and three assistants, in addition to 17 head prosecutors, 36 public prosecutors, and 40 aides (three of whom were appointed to the Office of the Attorney General for Government Cases). The Office of the Attorney General has 97 members, 60 in the Gaza Strip and 37 in the West Bank. The changes in the Office of the Attorney General during 2003 may be summarized as follows: 1. During 2003, 64 aides to the Office of the Attorney General were appointed,63 and 7 public prosecutors were promoted to the position of head prosecutor, thereby bringing the number of members of the Office of the Attorney General to 97, as compared to 56 in 2002. Notwithstanding the importance of the appointments, which eliminated the office’s shortage, appointment was not based on expertise and qualifications. For this reason, a number of people demanded that these appointments be brought to a halt and that a mechanism be sought for imposing oversight of appointments to the Office of the Attorney General.64 2. On 12 May 2003, Hussein Abu Asi, a judge of the Supreme Court in Gaza, was appointed Attorney General of the Palestinian National Authority, replacing the former Attorney General, Khaled Al-Qidreh.65 3. Under Decision no. 2, issued by the Attorney General on 1 September 2003, all of the districts of the Office of the Attorney General in the West Bank and Gaza Strip were re-formed. This decision also named a first assistant to the Attorney General;66 head prosecutors for various districts of the High Court of Justice, Court of Cassation, and appellate court in Gaza; and head prosecutors, public prosecutors, and aides to the Office of the Attorney General in Gaza. In addition, head prosecutors and aides were named to the Office of the Attorney General for Government Cases in Gaza. In the West Bank, re-formation was

62 For more information on the jurisdiction of the Office of the Attorney General, see the Eighth Annual Report (Ramallah: PICCR, 2003), p. 99. 63 On 16 February 2003, the following were appointed aides in the Office of the Attorney General: Sharif Ahmad Yousef Ba’losheh, Hamam Nafez Ribah Skeik, Hatem Muhammad Sa’di Al-Ashi, Muhammad Wajdi Mifleh Abu Swereh, Fu`ad Saliba, Fu`ad Tarzi, Ali Sa`eb Ali Al-Qudweh, Adli Abed Rabo Barakat Abu Daqah, Hisham Yasin Ahmad Abdel Latif, Aymen Abdullah Al-Fara, Omar Hamzeh Al-Turkmani, Mus’ab Muhammad Ahmad Abu Al-Atta, Khaled Shaker Ahmad Ayash, Khaled Ahmad Nafe’ Abu Abed, Rajab Ali Rashid Al-Ghalayini, Nafez Anis Salameh Al-Dahdouh, Jamal Ismail Mahmoud Al-Jarou, Wisam Muhammad Rabah Nasr, Ismail Muhammad Ismail Abu ‘Ilwan, Sameh Abdullah Othman Al-Abadleh, Sayel Ahmad Yousef Abu Al-Qumbaz, Diya` Al-Din Amin Ayad Wafi, Jihad Mahmoud Jum’ah Al-Louh, Ahmad Husni Al-Bayoumi, Awni Abdel Rahman Al-Barbarawi, Ashraf Omar Suleiman Al-Qawasmi, Khaled Issa Ziyadeh, Akram Ismail Hasan Al-Khatib, Ibrahim Asad Al-Jallad, Ahmad Mustafa Muhammad Hanoun, Tha`er Zuheir Khalil, Miqdad Abdel Rahman Khatab, Majdi Nabil Mahmoud Sha’reb, Rishad Radi Muhammad Al-Huwarin, Bader Ibrahim Shawahneh, Darein Osama Salehah, Rasem Ahmad Ibrahim Al-Badawi, Khader Ibrahim Ali Yazid. On 18 March 2003, Ishaq Yasser Al-Alami and Raja` Abdel Rahman Al-Sheibi were also appointed as aides to the Office of the Attorney General. 64 Following the appointment of 37 aides to the Office of the Attorney General on 16 February 2003, 35 female lawyers who had previously submitted applications for appointment to the Office of the Attorney General sent a letter to Zuheir Al-Sourani, then Minister of Justice, demanding that he reexamine the appointment decisions, because none of them were appointed. The female lawyers regarded these appointments as a form of discrimination against women in public employment. 65 He was appointed on 18 May 2003 by a presidential decree forming the High Judiciary Council. The new Attorney General swore a legal oath before President Arafat and the president of the High Judiciary Council on 10 July 2003, but the Minister of Justice did not attend the swearing in, as stipulated by Article 64/2 of the Judicial Authority Law. Moreover, the Legislative Council did not approve the appointment, in application of Article 107/1 of the amended Basic Law of 2003. 66 Sa’d Wadi’ Shuheiber.

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limited to naming two assistants to the Attorney General,67 along with head prosecutors, public prosecutors, and aides to the Office of the Attorney General; head prosecutors were not named for the Court of High Justice, Court of Cassation, or appellate, first instance, and conciliation courts. Some members of the Office of the Attorney General were subjected to various assaults during 2003. The most prominent of these are as follows: - On 12 October, unknown militants fired on the first assistant to the Attorney General, Sa’d Wadi’ Shheiber in Gaza City. - On 24 September, the car of the head prosecutor in Gaza, Wa`el Zaqout, was set on fire when a flaming bottle was thrown on it while it was parked in front of his house. The car of the head prosecutor in Ramallah, Wa`el Lafi, was set aflame under similar circumstances, during December 2003. The Israeli aggression that has continued since the beginning of the Al-Aqsa Intifada, especially the destruction of prisons and detention centers, complicated the task of the Office of the Attorney General due to the inability of members of the security agencies to provide security and support and the inability of members of the office to easily reach the various sites. Nonetheless, the Office of the Attorney General did not perform its role in investigating many of the cases of killing that occurred during 2003, including those involving the killing of Palestinian citizens suspected of collaborating with the Israeli occupation authorities, or killing due to security lapses or arms chaos. Moreover, the Office of the Attorney General did not investigate many of the incidents resulting in citizens’ deaths, especially in the cities of Nablus, Tulkarem, and Jenin.68 4. Administration of Judiciary Affairs The High Judiciary Council Judiciary is responsible for the administration of Judiciary affairs and has jurisdiction over supervising the appointment, transfer, assignment, promotion, and inspection of judges. The Council also assumes the task of supervising administrative personnel. I. Formation of the High Judiciary Council On 14 May 2003, President Arafat issued a decree ordering the formation of the High Judiciary Council with nine members.69 This decree is in agreement with the Judicial Authority Law in many ways. The new council was formed with nine members, in application of Articles 37 and 81 of the law, whereas the transitional council had 11 members. Moreover, the members of the new council were appointed based on their employment positions, and all are less than 70 years old, in application of Article 34 of the law.

67 The two assistants to the Attorney General in the West Bank are Issam Mana’ and Ibrahim Amr. 68 During 2003, PICCR monitored the killing of more than 30 Palestinian citizens under various circumstances and contacted the Attorney General demanding that the necessary investigations be conducted and the findings be released. 69 The High Judiciary Council was formed along the following lines: 1. Zuheir Musa Al-Sourani, president of the Supreme Court and president of the High Judiciary Council (He was formerly Minister of Justice.); 2. Sami Taha Sarsour, deputy to the president (He was formerly committee president in the High Court of Justice in the West Bank.); 3. Fayez Hmeidan Al-Qidreh, member (Supreme Court judge); 4. Muhammad Mahmoud Suboh, member (Supreme Court judge); 5. As’ad Butros Mubarak, member (appellate court judge); 6. Amin Ayad Wafi, member (president of the appellate court in Gaza); 7. Imad Salim Sa’d, member (president of the appellate court in Ramallah); 8. Hussein Asi, member (Attorney General); 9. Farid Al-Jallad, member (Deputy Minister of Justice).

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The decree nonetheless aroused controversy in legal circles that continued through the end of the year, particularly regarding the following matters: A. One of the members of the appellate court (who had not completed a full year presiding over the court) was appointed president of the court and a member of the High Judiciary Council in contravention of paragraph 2 of Article 19 of the Judicial Authority Law, which requires the person appointed as appellate court president to have presided in one of the court’s districts for at least five years. B. Some legalists maintain that the new council is also a transitional one, even if this is not stipulated by the decree establishing it, because the deputy president and members are not the most senior Supreme Court judges as stipulated by Article 37 of the law. In addition, the former transitional council did not undertake the founding task required of it, so the new council is legally transitional and must carry out the founding task during the coming year. Conversely, other legalists maintain that the new council is not transitional, contending that Article 81 dispels all doubt when it stipulates: “The transitional High Judiciary Council shall be formed within the month this law is published . . . and the High Judiciary Council provided for under this law shall function for a maximum of one year following publication of this law in the official gazette.” Further, the text of the decree does not stipulate that the new council is transitional, meaning that the council was formed according to Article 37.70 II. Appointment of Judges and Members of the Office of the Attorney General The Judiciary Authority Law no. 1 of 2002 specifies the procedure for appointing judges, as well as the requirements that judges must fulfill to hold their positions. Article 18 stipulates: “Judicial positions shall be filled through decree by the Palestinian National Authority President, based on the recommendation of the High Judiciary Council in accordance with the following: A. Initial appointment. B. Promotion on the basis of seniority with attention to qualifications. C. Appointment by the Office of the Attorney General.” Article 19 stipulates: “It is permissible to appoint as judge in conciliation, first instance, and appellate courts or as a member of the Office of the Attorney General: A. Judges and former members of the Office of the Attorney General. B. Lawyers. . . . The person appointed appellate court president must have presided in one of the appellate court’s districts for at least five years". Article 20 stipulates: “The person appointed Supreme Court judge must have presided for at least three years as a judge in the appellate courts, served the equivalent length of time in the Office of the Attorney General, or worked as a lawyer for at least ten years.”71 The appointments and promotions that occurred within the judicial circuit during 2003 raised questions regarding the extent to which they comply with the requirements specified by the Judicial Authority Law, as well as the extent to which they are based on qualifications, expertise, and fairness: A. According to paragraph 1/b of Article 18 of the law, promotion based on seniority with attention to qualifications is one means of filling judicial positions. However, the promotions made after the Judicial Authority Law became operative on 23 July 2002, which involved the majority of judges (conciliation judges promoted to the first instance courts, first instance judges promoted to appellate courts, and appellate judges appointed to the Supreme Court), as well as the promotions made on 10 August 2003, in

70 A group of lawyers submitted an appeal to the Supreme Court objecting to the formation of the High Judiciary Council and the decisions it issued, but the court has not yet ruled in the case. The case was effectively dropped, after the president of the High Judiciary Council annulled the appealed formations and replaced them with new formations that became operative on 1 September 2003. 71 The requirements for judges under Palestinian law are regarded as modest compared to those contained in the legislation of many states.

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which 10 conciliation judges were promoted to first instance courts, were not based on seniority and qualification criteria. B. According to 1/c of Article 18 of the same law, appointment by the Office of the Attorney General is one means of filling judicial positions. However, review of the promotions shows that a large number of judges were formerly members of the Office of the Attorney General. It is true that work in the Office of the Attorney General gives a person experience that qualifies him or her for Judiciary work. Nonetheless, the scope of the work of members of the Office of the Attorney General is at base limited to criminal law, or criminal cases, and such cases comprise only part of a judge’s work. C. One of the members of the appellate court was appointed its president before completing a year of presiding over the court. This contravenes paragraph 2 of Article 19 of the law, which requires the person appointed appellate court president to have presided in one of the appellate court’s districts for at least five years. III. Application of the Financial Component of the Judicial Authority Law Application of the chart of positions, salaries, and allowances attached to the Judicial Authority Law no. 1 of 2003 commenced in May 2003, granting judges and members of the Office of the Attorney General salaries, allowances, and incentives that distinguish them from other government employees. IV. Oversight of Court and Judges’ Affairs During 2003, the High Judiciary Council continued to regulate and oversee the affairs of the courts, judges, and administrative support personnel. In this regard, decisions were issued re-forming the Supreme Court—the Court of Cassation in Gaza and Ramallah with two districts, the High Court of Justice in Gaza with two districts and in Ramallah with one district, and the appellate court in Gaza with two districts and in Ramallah with one district. In addition, all first instance and conciliation courts were re-formed. Further, 20 conciliation judges were appointed, 10 conciliation judges were promoted to first instance courts, 2 first instance judges were appointed to the appellate court, and 6 appellate judges were appointed to the Supreme Court. The High Judiciary Council continued to renovate court buildings in Jenin, Nablus, Ramallah, Jericho, Gaza, Deir Al-Balah, and Khan Younis. In the city of Nablus, the conciliation and first instance courts, along with the public claims office were moved to a new building. Further, various courts were supplied with material necessities in terms of computers and furniture. The High Judiciary Council issued a decision establishing a court of conciliation in Tubas. Regulations were also issued concerning the High Judiciary Council’s work, as well as concerning judicial inspection. 5. Religious Courts The Shari’a Courts72 Shari’a courts in the West Bank and Gaza Strip have jurisdiction over personal status cases for Muslims, as well as cases involving indemnity for bodily injury if both sides in a dispute are Muslim or if one side is not Muslim but agrees to adjudication in the Shari’a courts. The courts also have jurisdiction over cases related to the establishment and administration of religious endowments; documentation of all forms of power of attorney; issuing marriage contracts and conducting divorce proceedings; cases of bequest, and

72 Information on the West Bank Shari’a courts was provided by the Office of the Chief Justice of Palestine.

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cases related to custody and guardianship; trusteeship; age of consent; appointment and disqualification of trustess and guardians; and distributing inheritance. The Shari’a court system consists of courts of first instance, appellate courts, and the High Shari’a Court. The Gaza Strip has nine Shari’a courts of first instance, distributed as follows: Gaza, Khan Younis, Rafah, Jabalya, Deir Al-Balah, Bani Suheila, Shuja’iyeh, Al-Sheikh Radwan, and Central Region/Gaza.73 The West Bank has 22 Shari’a courts of first instance, distributed as follows: Jenin, Tubas, Tulkarem, Qalqilya, eastern Nablus,74 western Nablus, Salfit, Birzeit, Ramallah, Al-Ram, Al-Izzariyeh, Jericho, Bethlehem, Hebron, Doura, Yatta, Jerusalem,75 Halhoul, Izna, Huwarah, Anabata,76 and Qabatiyeh.77 In the West Bank, there is one Shari’a court of appeals comprising two committees: The first committee, made up of a president and two members, convenes in Nablus and has jurisdiction over cases of appeal from the first instance Shari’a courts in Nablus, Jenin, Tulkarem, Qalqilya, Tubas, Salfit, eastern Nablus, western Nablus, Huwarah, Anabata, and Qabatiyeh. The second committee, made up of a president and three members, has jurisdiction over cases of appeal from the Shari’a courts in Al-Izzariyeh, Jerusalem, Al-Ram, Bethlehem, Jericho, Hebron, Doura, Yatta, Birzeit, Halhoul, and Idna. In the Gaza Strip, there is one Shar’ia court of appeals comprising two committees, the first with its headquarters in Gaza City, and the second with its headquarters in the city of Khan Younis. The Shari’a courts underwent a number of important developments during 2003. These included the creation of a High Shari’a Court on 18 August 2003, comprising two committees headed by the Chief Justice: The first committee convenes in Jerusalem,78 and the second committee convenes in Gaza City.79 The deputy president of each of these committees assumes presidency of the High Court, and court decisions are by majority vote. With the establishment of this court, Shari’a litigation now has three levels, and with the formation of the High Shari’a Court, application of Shari’a judicial interpretation (ijtihad) was unified between the West Bank and the Gaza Strip. Other important developments included the formation of the High Shari’a Council on 25 June 2003, which assumes the following duties: appointment, transfer, and promotion of Shari’a judges; transfer of judges outside of the judicial circuit; assignment of judges if the period for presiding exceeds three months; acceptance of judges’ resignations; retirement of judges; and trial, discipline, and dismissal of judges. There were 20 new Shari’a judges appointed during the year. Further, more clerks, court ushers, department heads, and accountants were appointed, raising the number of Shari’a court employees from 187 in 2002 to 258 by the end of 2003. On 25 December 2002, the PNA President issued a decision appointing Taysir Al-Tamimi Chief Justice of Shari’a Courts in Palestine. With the formation of the High Shari’a Court and the establishment of the High Shari’a Council during 2003, the administration of the Shari’a Judiciary was unified between the West Bank and Gaza Strip. Further, more than 15 new Shari’a courts were created, and more than 40

73 The Shar’ia courts in Al-Sheikh Radwan neighborhood, Al-Shuja’iyeh neighborhood, and the Central Region of Gaza were created on 1 June 2003. 74 This court was created in November 2002 to surmount problems resulting from the occupation forces’ division of Nablus into two sections. Its jurisdiction covers eastern Nablus and its outlying refugee camps and villages to the east. The court of western Nablus reviews cases of western Nablus and its outlying refugee camps and villages to the west. 75 This court was created in 2002, and it temporarily convenes at the headquarters of the Shari’a court in Al-Izzariyeh. 76 The Shar’ia courts in Halhoul, Idna, Huwarah, and Anabata were created on 1 June 2003. 77 This court was created on 1 July 2003. 78 This court is composed of the following members: Sheikh Jamal Istiti, Sheikh Ribhi Mahmoud Al-Qisrawi, Sheikh Hamed Suleiman Al-Beitawi, and Sheikh ‘Azam Al-Aker. 79 This court is composed of the following members: Sheikh Mahmoud Salameh, Sheikh Yasin Al-Jamasi, Sheikh Saber Al-Fara, and Sheikh Mazen Jaser Al-Agha.

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judges were appointed during the last two years, completing the infrastructure of the Shari’a judicial system. Currently, the Shari’a courts do not suffer from a shortage of courts or backlog of cases, or from a shortage of judges or employees. As of the end of October 2003, 2,727 cases had been brought before these courts, 2,626 of which were settled. The Chief Justice’s rapid follow-up of Shari’a courts’ work, along with his personal stance regarding any problems and prompt response to any grievances, helped significantly to surmount many difficulties. The remaining problem rests in the difficulty of implementing Shari’a court rulings, which must be carried out by the enforcement departments of the regular courts. At the end of the year, the Palestinian Cabinet issued a decision applying the chart of positions, salaries, and allowances for judges and members of the Office of the Attorney General, attached to the Judicial Authority Law, to the Shari’a court judges. Christian Denominational Councils and the Ecclesiastical Court of the Orthodox Church The Christian Denominational Councils in the West Bank have jurisdiction over the personal status cases of Christian Palestinians, as well as matters related to the establishment and administration of their religious endowments. They operate in accordance with the Sectarian Denominational Councils for Non-Muslims Law no. 9 of 1958, which grants each religious denomination the right to appoint a president and members to its council, thus forming the equivalent of a religious court. There is a special law for the appeal of verdicts issued by the religious denominational councils. There are three denominational councils in the West Bank: the Roman Orthodox Council, the Latin Council, and the Arab Episcopal Evangelical Council. Each of these has headquarters in Jerusalem. No changes of note were made to these councils during 2003. The religious court in the Gaza Strip is known as the Ecclesiastical Court of the Orthodox Church. It consists of the spiritual leader of the Orthodox Church as president, as well as four lay members. This court has jurisdiction over personal status cases for church members and cases related to the establishment and administration of religious endowments. There is also a special law for the appeal of the court’s verdicts. No changes of note occurred in this court during 2003.

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6. Regulation of the Legal Profession Bar Association Elections I. Preparations for Holding Elections to the Syndicate Board of the Palestinian Bar Association A. On 24 May 2003, amendments to the Bar Association Bylaw regarding its General Assembly were published in issue no. 45 of the Palestinian Minutes.80 B. On 10 June 2003, the Bar Association Board issued a decision forming the Central Elections Committee.81 C. On 15 June 2003, the nomination period opened, and the Central Elections Committee set 11 July 2003 as the date for holding elections. D. On 10 July 2003, the General Assembly met in Ramallah and Gaza and issued two reports, one administrative and one financial, to the appointed Bar Association Board. II. Nomination of Palestinian Lawyers to the Bar Association Board A. Members of the General Assembly are given sufficient time to nominate themselves and publicize their election platforms, whether in lawyers’ chambers in courts or through advertisements in local newspapers, posters, and other means of campaigning. B. Although the Bar Association elections system is based on individual vote, most nominees belonged to blocs and lists, including: the Independent Lawyers’ Bloc, the Syndicate Compact Bloc, the Professional Bloc, and the Al-Aqsa Bloc. III. The Central Elections Committee In forming the Central Elections Committee, whether in the West Bank or Gaza Strip, there was care to avoid division along party or sectarian lines and to select members from among academics and lawyers who are not subservient to any election list. The Central Elections Committee undertook administration and oversight of the election process, and it formed nine branch committees in the West Bank and two branch committees in the Gaza Strip. On the day of elections, 11 July 2003, members of the Central

80 The General Assembly approved the amendments on 31 October 2002. The amendments are as follows: Article 23/a: The Syndicate Board is to be composed of 15 members, including a chairperson, with nine members elected from among General Assembly members registered in the northern governorates and six members elected from among General Assembly members registered in the southern governorates (according to the roster of practicing lawyers and lawyers who pay Bar Association dues and whose incomes are earned in accordance with the law); Article 40: Elections to select members of the Syndicate Board are to be held in two electoral districts, one comprising the northern governorates and the other comprising the southern governorates, during the last week of the month of February every two years, in accordance with the provisions of the law; Article 42/b: An elections committee composed of five members is to be formed to oversee elections in the district comprising the northern governorates; Article 42/c: An elections committee composed of five members is to be formed to oversee elections in the district comprising the southern governorates; Article 42/d: The Board is permitted to form other committees composed of five members to oversee the elections process according to election centers and existing needs; Article 43: Elections are to be held in election centers delineated by the Syndicate Board, and they are to be held in all centers on the same day. 81 The Central Elections Committee in the West Bank is composed of the following: Ibrahim Sha’ban as president, and members Nabih Saleh, Musa Shukri, Muhammad Abdel Samad, and Jamil Khalaf. The Central Elections Committee in Gaza is composed of the following: Nader Al-Khandaqji, as deputy president, and members Hashem Al-Lulu, Fathi Al-Wheidi, Riyad Qardaya, and Abdel Fatah Al-Agha.

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Elections Committee went to the Bar Association headquarters in Ramallah and Gaza, where they undertook direct oversight of the work of the branch committees and resolved any problems that arose. IV. Branch Elections Committees Given the complex security conditions, it was not possible to hold elections at one elections center. Amendment of the Bar Association Bylaw helped resolve this dilemma through the formation of nine branch committees in the West Bank and two branch committees in the Gaza Strip, with each committee composed of five members. V. Election Results A. Lawyers holding voting rights in the West Bank numbered 890, 81.5 percent of them voted; and those holding voting rights in Gaza numbered 280, 95% percent of them voted. B. Winners in the Gaza governorates were as follows: Ahmad Al-Mughani, Islah Husniyeh, Salah Abu Zeid, Abdel Rahman Abu Al-Nasr, Hisham Al-Karzoun, and Muhammad Faraj Al-Ghoul. C. Winners in the West Bank governorates were as follows: Na`el Al-Houh, Adnan Abu Leila, Walid Al-'Aredah, Yousef Al-Rubi’, Hatem Abbas, Shukri Al-Aboudi, Fares Abu Hasan, Ribhi Qatamesh, and Saleh Abu ‘Eideh. VI. Activities of the Elected Bar Association Board The elected Bar Association Board held its first meeting on 21 July 2003, during which it elected lawyer Hatem Abbas Abu Khalil as chairperson, Abdel Rahman Abu Al-Nasr as deputy chairperson, Ahmad Al-Mughani as secretary, and Adnan Abu Leila as treasurer. The board held another meeting during which it authorized the board committees stipulated in the Bar Association Bylaw and elected their chairpersons. These committees are as follows: the Legal Committee, Training Committee, Financial Committee, Companies Committee, Cultural Committee, Women’s Affairs Committee, Social Committee, Combating Normalization Committee, Freedoms and Human Rights Committee, Professional Affairs Committee, Prisoners’ Affairs Committee, and Sports Committee. Although the elected board has only been serving for a short time, its achievements have begun to become apparent in a number of areas, including: - Strengthening relations with the Arab Bar Association. The elected board participated in a meeting of the permanent office of the Arab Bar Association held in Beirut from 8 to 10 December 2003. - Strengthening relations with Palestinian judicial and official institutions. Some understandings were reached with the High Judiciary Council regarding representation, contracts, and dealing with lawyers in the courts. This notwithstanding, relations were quickly fraught with tension, especially in the West Bank. On 27 December 2003, the Bar Association Assembly issued a declaration requesting that lawyers not appear, for a period of one week, before any court committee on which Justice Sami Sarsour was a member. This decision came in response to what the Bar Association Board described as Justice Sami Sarsour’s negative attitude toward the syndicate, its board, and its chairperson. This decision was followed by a series of statements issued by the two sides, reaching the point where the Bar Association demanding that Justice Sarsour be referred for questioning.82

82 Between 24 and 28 December 2003, the Palestinian Bar Association Board sent a number of letters to the President of the High Judiciary Council, the Minister of Justice, and the Attorney General with regards to the conduct of the Deputy President of the High Judiciary Council, Justice Sami Sarsour. In return, Justice Sami Sarsour issued a statement directed towards the lawyers stating that the Bar Association chairperson uses the syndicate’s name for his personal interests.

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- The Bar Association Board held regular periodic meetings. Many issues involving regulation of the profession were discussed during these meetings, in particular the continuation of registration of lawyers and lawyers-in-training and the deletion of the names of 40 lawyers working for the security agencies from the registry of practicing lawyers. - The Bar Association Board expressed its position on many issues related to the judicial branch. It called on President Arafat to stop the appointments and promotions made in the Office of the Attorney General on 10 August 2003, in view of their contravention of the laws and rules, and demanded a consultative role in any future judicial appointments.83 On the opening of the judicial year, the board called for the implementation of the provisions of the Basic Law and the Judicial Authority Law, as well as the making of radical reforms in court regulations. It also called for the immediate release of all detainees being held illegally, implementation of court rulings, and closure of illegal places of detention and arrest.84 The above notwithstanding, the elected Bar Association Board continues to face some problems, most prominently: - The lack of syndicate traditions from which to draw on when carrying out work. This problem is compounded by the lack of the required regulations related to the formation and work of board committees. - Insufficient interaction between the members of the General Assembly and Bar Association Board, and lack of internal oversight over the board or follow-up of its activities. - Sectarian/factional considerations continue to hinder the board’s work. - The shortage of employees working in the Bar Association’s headquarters. There are only 15 employees, nine in the Gaza Strip and six in the West Bank. - Failure to provide any assistance to some of the lawyers harmed by the Israeli assaults. 7. Developments in the Special Security Courts The special security courts are those formed and regulated by order of special laws. Including military courts and state security courts, they have jurisdiction in cases related to security and military personnel. I. Military Courts The military courts have jurisdiction over review of crimes and misdemeanors committed by members of the Palestinian security forces. They simultaneously serve as penal and disciplinary courts, and also review crimes committed against military personnel by civilians, as well as those in which military personnel collaborate with civilians. The military courts apply the (Military) Revolutionary Penal Code and derive their jurisdiction from the Palestinian Revolutionary Criminal Procedures Law, both of which were issued by the PLO in 1979. The military courts are divided into district courts, permanent courts, and special courts. Each district military court is composed of a single judge, each permanent court is composed of three judges, and a special military court is composed of three judges and is formed for each case by itself upon the decision of the PNA President. No notable changes within the military courts occurred during the year, whether in composition or jurisdiction. On 17 May 2003, the special military court sentenced Rani Darwish Khalil Shaqurah, 27, of Jabalya Camp, to death after convicting him of killing lieutenant Hani ‘Attiyeh Al-Madhoun on 15 April 2003. In its review of the case, the court did not provide the fair trial guarantees stipulated in international human

83 Statement issued by the Bar Association on 10 August 2003. 84 Statement issued by the Bar Association on 2 September 2003.

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rights agreements and the Palestinian Basic Law. The court assigned officers working in the Office of the Security Director as lawyers and did not grant them sufficient opportunity to review the case file and represent the defendant in a suitable manner. In addition, the case is related to family disputes, or regular crimes, which are unrelated to security or military affairs. Since the establishment of the PNA in 1994, the military courts have been operating under the Revolutionary Penal Law issued by the PLO in 1979. There is clearly a pressing need to promulgate new Palestinian legislation to delineate the jurisdiction of the military courts and the crimes that they are to review, as well as to re-qualify members of the military judicial circuit and render them subject to the Judicial Authority Law, especially as regards rights and duties. II. State Security Courts The state security courts were abolished during 2003. On 14 April 2003, the former Minister of Interior, Hani Al-Hasan, stated that the PNA abolished the state security courts and would not refer any case to these courts in view of their contravention of the Palestinian Basic Law. The abolishment of state security courts was then affirmed on 27 July 2003, when the former Minister of Justice, Abdel Karim Abu Salah, issued a ministerial decision explicitly abolishing such courts. However, despite the former Minister of Interior’s declaration and the former Minister of Justice’s decision with regards to abolishment of the high and penal state security courts, during 2003 PICCR monitored the transfer of two cases related to supply issues to the penal state security court in the Gaza Strip on 2 September. Thus, the matter requires a presidential decree explicitly abolishing the penal and high state security courts and transferring their jurisdictions to the regular courts. 8. Difficulties Faced by the Judicial Branch Since the establishment of the PNA in 1994, scores of judges, members of the Office of the Attorney General, and support personnel have been appointed, and new courts have been created. Further, a body of judicial laws has been approved, foremost among them the Palestinian Basic Law of 2002, the Judicial Authority Law no. 1 of 2002, and the Formation of Regular Courts Law no. 5 of 2001. In addition, the High Judiciary Council was formed, and the judicial system was unified between the West Bank and Gaza Strip. Since 2002, the reform process in the judicial field has satisfied the human and material needs of the judicial branch. This has helped the judicial branch to surmount some problems and difficulties, particularly the shortage in judicial circuit members and support personnel and the low judges’ salaries. Nonetheless, the judicial branch continues to suffer from central problems, most importantly: I. Failure to Implement Court Rulings and Judicial Decisions The Palestinian security agencies and certain ministries continued to refrain from or be slow in implementing some court rulings, especially those issued by the High Court of Justice and related to orders for the release of persons being illegally detained, or to the reinstatement of some government employees who were dismissed from their positions arbitrarily. The matter goes beyond this to encompass the refusal of some citizens to carry out judicial rulings, such as rulings on alimony and attendance at court sessions. On 4 October 2003, the Ya’bad Municipality/Jenin refused to implement an expedited ruling issued by the Jenin conciliation court, which ordered the reconnection of electricity to the private olive oil press of Jawad Farid Al-Mifleh. Further, the police director of the Jenin governorate refused to

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carry out another order issued by the same court on 22 October 2003, requesting that he use force to implement the first ruling. Although Palestinian legislation—the Basic Law, the Judicial Authority Law, and the penal laws—affirms that judicial rulings must be implemented and imposes harsh penalties on those who violate this requirement, to a large extent these texts remain inactive. II. Conflicts between the Ministry of Justice and the High Judiciary Council Relations between the High Judiciary Council and the Ministry of Justice have witnessed sharp conflicts over the distribution of power, especially in the matter of administrative oversight of court support personnel. Although the Judicial Authority Law grants the Ministry of Justice the authority to determine the sites and jurisdiction districts of conciliation courts,85 issue decisions accepting judges’ resignations submitted to the president of the High Judiciary Council,86 exercise administrative oversight of all courts,87 and request that the High Judiciary Council stop a judge from undertaking the tasks of his or her position during investigation of a crime he or she is thought to have committed,88 the ministry was prohibited from exercising some of these tasks and responsibilities. This conflict over authority intensified during 2003, and it cast a dark pall over the work of the judicial branch, creating poles, axes, and centers of influence. III. Case Backlog and Slowness in Case Review The problem of case backlog has intensified over the past two years, especially after the value jurisdiction of conciliation courts was raised from 250 to 20,000 Jordanian dinars, meaning that these courts must review the cases brought before them in addition to the thousands of case files transferred from the first instance courts. The reasons for case backlog also include misdistribution of judges among the courts. For example, nine judges preside at the conciliation court in Gaza, whereas only four judges preside at the conciliation court in Ramallah, even though Ramallah is, in practical terms, the political capital of the PNA and the center of trade and financial companies. Likewise, only four judges preside in the conciliation court in Nablus, even though the city is considered the economic capital of the West Bank. Delay in case review causes significant harm to litigants and encourages them to seek out alternative means of adjudication. IV. Violation of Laws by High Ranking Officials It is truly regrettable that there are high ranking officials within the PNA itself who do not respect the operative laws. This is exemplified by the decision of the President of the High Judiciary Council on 10 August 2003 to halt construction work on a plot of land in the village of Al-Khader/Bethlehem, placing it under precautionary sequestration under the pretext of maintaining security and public order.89 85 Judicial Authority Law no. 1 of 2002, Article 13. 86 Ibid, Article 33. 87 Ibid, Article 47. 88 Ibid, Article 58. 89 This decision violates the legal procedures and rules stipulated under the Judicial Authority Law no. 1 of 2002, the Formation of Regular Courts Law no. 5 of 2001, and the Civil and Commercial Trials Code Law. These laws do not give Zuheir Al-Sourani, whether in his capacity as president of the Supreme Court or as President of the High Judiciary Council, the power to order precautionary sequestration of citizens’ properties on the claim of maintaining security and public order. Further, he does not possess judicial jurisdiction over criminal cases under review by the Bethlehem first instance court.

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V. Absence of Judicial Inspection Judges, the courts, and members of the Office of the Attorney General are still operating in the absence of judicial inspection. It is true that the president of the High Judiciary Council and the Attorney General took field trips to all of the courts and departments of the Attorney General’s Office this year, but this is not “inspection” according to the strict meaning stipulated by law. In the absence of inspection, promotions were made selectively rather than on the basis of expertise, qualifications, and fair competition. In general, and also as a result of the lack of inspection, members of the judicial circuit did not keep regular hours, and this reflected negatively on the rate at which cases were reviewed. VI. The Spread of the Phenomena of Security Lapses, Arms Chaos, and Taking the Law into One’s Own Hands As a result of the continuing Israeli attacks on the West Bank and Gaza Strip, and all that accompanies them in terms of destruction of security agencies’ headquarters, prisons, and detention centers and restriction of security agencies’ movement and travel, the phenomena of security lapses, arms chaos, and taking the law into one’s hands have intensified. These phenomena have resulted in scores of Palestinian deaths and injuries under various circumstances, such as suspicion of collaboration with the occupation authorities or revenge killings. All of this has weakened the judicial branch’s prestige and its ability to resolve disputes between citizens. The matter was not limited to reluctance among citizens to resort to the Judiciary for adjudication, especially in cases of killing; it also strengthened the authority of tribal methods of dispute settlement. In addition, the security lapses, among other things, negatively affected the security of judges, and thus the independence and integrity of the Judiciary. 9. Recommendations Although the importance of the positive developments within the judicial branch during 2003 must not be underestimated, neither should the extent of the problems that it continues to face. These problems prevent it from performing its tasks and responsibilities at the level required. For the purpose of enabling the judicial branch to perform its paramount role in adjudicating among citizens and securing the rule of law, PICCR recommends the following: - For the Legislative Council 1. In order to resolve the legal controversy surrounding the formation of the High Judiciary Council and the legality of its decisions, PICCR recommends that the provisions of the law related to formation of the High Judiciary Council be amended and that the council be re-formed in agreement with the provisions of the amended law. 2. The Judicial Authority Law should be amended so as to create a selection committee for the judicial circuit whose members include representatives of the Legislative Council, the Bar Association, and the Ministry of Justice, in addition to the High Judiciary Council. 3. The Formation of Regular Courts Law should be amended so as to abolish the system of three-member judicial committees in first instance courts and return these courts to the one-judge system, thereby increasing judges’ productivity.

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- For the High Judiciary Council 1. The necessary bylaws should be put into place to implement the Judicial Authority Law, especially the bylaws related to training and preparing judges before they assume Judiciary work. The Judicial Institute should be activated quickly, so that it may undertake its task in training and qualifying new judges and re-qualifying elder judges. 2. More judges should be appointed in the conciliation and first instance courts, especially in the West Bank, as suitable given the number of cases. This is for the purpose of hastening case settlement and enabling the naming of judges of summary justice and municipality judges. 3. Courts should be moved to modern buildings spacious enough to accommodate employees and litigants. 4. Judicial inspection should be activated, and future promotions should be linked to inspection results. 5. Judges should be obliged to reside near their workplaces, and work hours should be monitored so as to ensure regularity and hasten review of new and backlogged cases. 6. The Constitutional Court should be established quickly in view of the importance of the powers with which it is vested, especially the authority to review the constitutionality of laws and bylaws, to interpret the text of the Basic Law, and to settle jurisdictional disputes between judicial bodies and administrative bodies with judicial mandates. - For the Executive Branch 1. There should be a decisive end to the non-implementation of court rulings and other judicial decisions. This requires enforcing the penalties and fines stipulated by the operative penal laws. 2. Judges and officials in the Office of the Attorney General should be provided the protection necessary to enable them to carry out their duties without reserve, fear, or bias. 3. All necessary measures possible should be taken to protect the lives of prisoners and detainees, especially during their transfer to or presence inside courts. 4. No cases should be transferred to state security courts. A presidential decree should be issued explicitly abolishing these courts. 5. There should be a decisive end to parallel justice, especially the judicial role that legal offices are undertaking in the governorates. 6. Judges and members of the Office of the Attorney General should be able to inspect prisons and detention centers to ascertain whether they are holding any detainees illegally. 7. An immediate halt should be brought to the phenomena of security lapses and arms chaos, and there should be serious investigation into all deaths resulting from misuse of firearms. Results of investigations should be made public, and those responsible should be held accountable through judicial channels. 8. All forms executive branch interference in the affairs of the Judiciary should be brought to a halt.

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Section Three: The Executive Branch Introduction Many new developments were prominent during 2003 that affected the Executive branch’s performance. During the year, and as a result of internal and external pressure, the Basic Law of the Palestinian National Authority was amended. The Office of Prime Minister was created, and the amended law sets down the powers with which the holder of this position is entrusted. The PNA President announced a state of emergency in the Occupied Palestinian Territories for one month, during which time a truncated government, called the “Emergency Government” was formed The Palestinian Cabinet was formed three times. Alongside these developments, the Israeli aggression against the Palestinian territories continued, affecting many civilian and security PNA headquarters and thwarting or complicating the ability of government institutions to carry out their duties. Internal and external pressure on the PNA to undertake reforms on various levels—security, financial, administrative, and judicial—also continued. This section addresses the fundamental problems and challenges facing the Executive branch, by evaluating the performance of the PNA presidency, the Cabinet, the ministries and public civil institutions, local governance, and the security agencies. It also addresses the new conditions related to the public budget, the status of the reform and rehabilitation centers (prisons), and the steps taken toward administrative and financial reform.

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1. The Presidency

The Office of the PNA President comprises the Secretary General of the Presidency; the Director General of the President’s Office; presidential governorate branch offices; some of the security agencies (the Presidential Guard, National Security, Military Intelligence, and General Intelligence); and scores of political, social, economic, and cultural advisors. Some of these individuals also hold positions in other government agencies, such as membership in the Palestinian Legislative Council or the PLO Executive Committee, or directorship of public institutions or authorities. The Office of the President also comprises scores of general directors who do not hold any positions in the ministries or public institutions. In accordance with the presidential decrees by which they were formed, dozens of public institutions and authorities are also adjoined to the Office of the President. These include the General Control Commission, the National Security Commission, the Office of National Institutions, the Monetary Authority, the Land Authority, and the Commission of Nongovernmental Organizations’ Affairs. During 2003 the governorate offices and all of their employees were transferred from the Ministry of Interior to the authority of the presidency.1 Selection of the PNA President The PNA’s Basic Law provides for direct general election of the President, whose term should equal that of the interim period. The President is subsequently to be reelected in accordance with the law. The first elections to the PNA presidency and PLC were held in January of 1996. The President set 20 January 2003 as the date for holding the second presidential and legislative elections2 and formed a Central Elections Committee.3 These elections were not held on the scheduled date, however, and the PNA President did not issue anything indicating that they had been postponed or cancelled. Instead, at its meeting on 20 October 2003, the Palestinian Cabinet formed a Ministerial Committee to follow up dialog with the Central Elections Committee and help improve the preparedness for holding elections no later than June 2004. The Cabinet also decided to incorporate the budget for the presidential, legislative, and local authorities’ elections within the Draft PNA Public Budget Law of 2004. As of the end of 2003, however, the law according to which the next legislative elections will be held had not been authorized. Powers of the PNA President and Means and Mechanisms of Exercising Them President Arafat holds presidency of the PNA and of the Executive Committee of the Palestine Liberation Organization. The President is also the Chief Commander of the Palestinian Forces; selects the Prime Minister and charges him or her with forming the government; and is entrusted with appointing Palestine’s representatives to foreign states and international organizations. The President also issues laws after their authorization by the PLC, and returns them to the PLC along with his remarks. He may also issue orders of legal standing when the PLC is not in session. The President retains the right to grant special amnesty or otherwise lighten judicial sentences,4 as well as the right to declare a state of emergency, according to the conditions mentioned in the Basic Law.5 It is noteworthy that the powers bestowed upon the PNA President were reduced during 2003 upon amendment of the Basic Law and creation of the Office of Prime Minister.

1 Presidential Decision no. 74 of 2003, issued on 20 May 2003. 2 Presidential decree calling for elections, issued on 10 September 2002. 3 Presidential decree concerning the elections, issued on 10 October 2002. 4 Amended Palestinian Basic Law of 2003, Articles 34 – 46. 5 Amended Palestinian Basic Law of 2003, Article 110.

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Generally, there are still problems related to the work of the Office of the President. It is unclear how the President’s Office assists President Arafat in handling matters or making various decisions. It is also

unclear how the President or the President’s Office oversees the scores of public institutions and authorities adjoined to the President’s Office. There are no clear, public mechanisms for citizens to submit grievances or requests to the President, or for the President to intervene in settling individual cases of citizens. It also remains unclear what bases or criteria the President applies, or what factors the President takes into consideration, when making the many decisions on appointments, promotions, and authorization of laws and court verdicts. It is also unclear what need exists for the large number of directors, advisors, and employees in the President’s Office (the staff numbers more than 800), or exactly what their duties and responsibilities are. Beyond the large number of employees appointed previously, the President appointed an additional governor during 2003,6 as well as a number of employees to the Presidential Secretariat.7 In addition, scores of presidential decrees were issued adjusting the rankings of employees in the President’s Office.8 With the creation of the Office of Prime Minister, the “Palestinian leadership” meetings called by the PNA President became separate from government meetings. This helped to define the borders which separate the tasks and powers of the government from those of the PLO Executive Committee. 2. The Prime Minister The Office of Prime Minister, independent from the office of PNA President, was created under the amended Palestinian Basic Law of 2003. The creation of this post holds special importance for the reorganization of the Executive branch and clarification of the division between government decisions and those issued by the President or PLO bodies. According to the amended Basic Law, the PNA President selects the Prime Minister and commissions him or her to form the government. The Prime Minister must form the government within three weeks and has the right to additional time not exceeding two more weeks. If the Prime Minister fails to form a government within this timeframe, or if the government does not win PLC approval, the PNA President must commission another person within two weeks from the date of the first’s failure or of the no confidence vote.9 In addition to the Prime Minister’s authority to form the government, he or she is tasked with convening on the Cabinet, setting its agenda, and heading its meetings, as well as with overseeing the work of the ministers and public institutions under the government and signing and issuing bylaws or regulations approved by the Cabinet.10 On the practical level, since the Office of Prime Minister was created, the PNA President has selected two Prime Ministers: Mahmoud Abbas (Abu Mazen) and Ahmad Qurei (Abu ‘Ala`). The latter followed Abu Mazen and formed the “Emergency Government” first and then a regular Government. On 9 March 2003, the PNA President selected Abu Mazen as the first Prime Minister under the PNA.11 As a result of

6 Qadura Musa Qadura was appointed governor within in the Board of Governors of the PNA Secretariat by order of the presidential decree issued on 26 October 2003. 7 See, for example, Presidential Decisions nos. 49 and 81 of 2003 8 See, for example, Presidential Decision no. 59 of 2002, and Presidential Decisions nos. 16, 17, 18, 19, 75, 84, 87, and 94 of 2003. 9 Amended Palestinian Basic Law of 2003, Articles 64 – 67. 10 Amended Palestinian Basic Law of 2003, Article 68. 11 Presidential Decree no. 6 of 2003, issued on 9 March 2003.

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the long time taken to form the Palestinian Government, it was not submitted to the PLC until 29 April 2003, whereupon it won majority approval. This Government did not last for long, however—it resigned

on 5 September 2003. Following the resignation of the Abu Mazen Government, on 8 September 2003 the PNA President commissioned Ahmad Qurei (Abu ‘Ala`) with forming a new government. On 5 October 2003, an Emergency Government was formed for a period of one month. One week after this period ended, Abu ‘Ala` formed a normal government, which won PLC approval on 12 November 2003. 3. The Cabinet (the Government) Under the amended Basic Law of 2003, the Cabinet (government) is regarded as the highest executive and administrative agency that assumes responsibility for implementing the program authorized by the legislative branch. The Cabinet is composed of the Prime Minister and no more than 24 ministers. In accordance with the provisions of the amended Basic Law, the Cabinet has jurisdiction over the following12: 1. Devising public policies, within the boundaries of its jurisdiction, and in the light of the ministerial program approved by the PLC. 2. Executing public policies approved by the relevant Palestinian authorities. 3. Devising a public budget to submit to the PLC. 4. Outfitting the administrative apparatus, devising its structures, providing it with all necessary resources, supervising it, and monitoring its work. 5. Following up laws and ensuring compliance with their provisions, and taking the necessary measures to do so. 6. Monitoring the performance of the ministries and all other administrative units in terms of their duties and mandates, and coordinating between them. 7. Maintaining public order and security. 8. Establishing or abolishing commissions, institutions, or authorities (or their administrative units) that comprise the executive apparatus under the government, and making sure that each is regulated by law. 9. Appointing the heads of authorities and institutions referred to under item 8, and monitoring them in accordance with the provisions of the law. 10. Delineating the mandates of all ministries, commissions, authorities, and institutions within the executive apparatus, as well as bodies that fall under its jurisdiction. Following amendment of the Basic Law in March 2003 and creation of the office of Prime Minister, the Palestinian Government was formed three times in succession: I. The Government of Mahmoud Abbas (Abu Mazen) Mahmoud Abbas (Abu Mazen) formed his Government following the resignation of the fifth PNA Government, which was headed by the PNA President. Abu Mazen’s Government won PLC approval on 29 April 2003.13 The Government was composed, in addition to the Prime Minister (who retained the portfolios of Interior and Waqf), of 23 ministers, in addition to a Cabinet Secretary General at the level of minister. Under the new formation:

1. A Ministry of Information was established independent of the Ministry of Culture. 2. The Ministry of Supply was adjoined to the Ministry of National Economy. 3. The position of Minister/Official of the Orient House was abolished.

12 Amended Palestinian Basic Law of 2003, Article 69. 13 Presidential Decree no. 7 of 2003, forming the Cabinet, issued on 29 April 2003.

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4. The Ministry of Telecommunications and Information was created.

From the moment of its formation, the Government fell under enormous internal and external pressures, compelling the head of the Government to submit his resignation from the Fatah Central Committee14 before the Government resigned on 5 September 2003. In addition to the conflicts and tensions related to the process of negotiations with Israel under U.S. auspices, from the time of its difficult inception the Abu Mazen Government was beset by conflicts and tensions between the Prime Minister and some of the ministers, and between the PNA President and the Fatah leadership. These conflicts revolved around distribution of control over the various security agencies between PNA President and the Government, as represented by the Ministry of Interior (under which there are three security agencies—the Civil Police, Preventive Security, and Civil Defense). The conflicts manifested intensely on the issue of filling the Minister of Interior portfolio with Colonel Muhammad Dahlan, the former head of Preventive Security in the Gaza Strip. Despite the conflicts and tensions accompanying the Government’s work, and despite the Government’s short duration, it did take a number of steps toward administrative and financial reform. The most prominent of these are as follows15:

- Working towards implementing the Basic Law and its provisions regarding the Cabinet’s mandate.

- Forming five ministerial committees to follow up various aspects of the Government program. - Guiding the work of public institutions, and adjoining some of them to the relevant ministries.16 - As pertains to economics and finance: The Government decided to terminate the service of

employees who have reached age 60 and provide them with a limited salary until the retirement law is put in place. This is in addition to partial implementation of the financial component of the Civil Service Law17; reducing public motor vehicle plate fees, as well as fees for their registration and licensing; ending all deductions from the salaries of PNA employees; paying the most overdue financial arrears owed by the PNA to the private sector; and regulating the fuel sector.

- As pertains to the Judiciary: Efforts were focused on re-forming the High Judiciary Council according to the Judicial Branch Law, incorporating the State Security Prosecution Office into the Office of the Attorney General and transferring cases appearing before state security courts to the regular Judiciary.

II. The First Government of Ahmad Qurei (Abu ‘Ala`) - The Emergency Government Following the resignation of the Palestinian Government under the leadership of Abu Mazen, on 7 September 2003 the PNA President commissioned Ahmad Qurei (Abu ‘Ala`) with forming a new government. The Emergency Government: The “Emergency Government,” formed on 5 October 2003, was comprised of the Prime Minister (who retained the portfolios of Waqf, Information, and Interior) and eight ministers. This Government did not have any notable achievements. It served to carry out government functions until the end of its term (the duration of the state of emergency) and the formation of a regular

14 The Fatah Central Committee and Revolutionary Council refused to accept Abu Mazen’s resignation from their membership. 15 See the Statement of the Government, delivered by the Prime Minister before the PLC on 1 September 2003. See also the government statement before the PLC on 4 September 2003. 16 See item 5 of this section, related to public institutions and authorities. 17 See item 10 of this section, related to civil service and state employees.

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government. Although it was called an “Emergency Government,” it did not take any exceptional measures or decisions that would have justified the declaration of the state of emergency in the first

place. Even if we assume the declaration of the state of emergency and the formation of the “Emergency Government” were carried out in accordance with the provisions of the Basic Law, which is not easy to defend, then we should not fail to emphasize noncompliance with the law’s provisions upon termination of the legal duration of the state of emergency. In accordance with these provisions, a state of emergency may be declared for a period of one month with the possibility of extending it for an additional month after obtaining PLC approval, whereby the PLC has the right to review all measures and steps taken during the preceding period. Although the period of the state of emergency ended, the “Emergency Government” continued to carry out its work until a new, regular Government had been formed and won PLC approval on 12 November 2003. It is strange indeed that the PLC did not give its opinion regarding any of the measures or steps taken during the state of emergency, including the issue of forming the “Emergency Government” and that Government’s continuation after the conclusion of the legal time period. III. The Second Government of Ahmad Qurei (Abu ‘Ala`) After the term of the emergency Government ended, Ahmad Qurei (Abu ‘Ala`) was charged with forming a regular government. The formation of the eighth PNA Government was announced on 9 November 2003, and it was submitted to the PLC and won approval on 12 November. The Government was comprised of the Prime Minister (who retained the portfolios of Information and Waqf) and 24 ministers. From its inception, this Government was beset by the same conflicts as the previous Governments over selection of the Minister of Interior and the Ministry’s powers. However, agreement was reached on the Minister of Interior (Hakam Bal’awi) and the powers he was accorded (responsibility for the police, Preventive Security, and Civil Defense). Likewise, agreement was reached on distributing the powers attached to the Ministry of Interior between the Minister of Interior and the Palestinian National Security Council, which was re-formed on October 2003.18 According to this agreement, the Minister of Interior assumed responsibility for civilian and administrative affairs in the ministry, while the National Security Council assumed responsibility for security affairs. At the government meeting held in November 2003, two new ministries were created: the Ministry of Jerusalem Affairs and the Ministry of Women’s Affairs. At its meeting on 29 November 2003, the Government decided to abolish the Ministry of Information and create the Higher Information Council in its place. As of the end of the year, however, this decision had not been implemented. In addition, the Director of National Security, Director of General Intelligence, and Director of Police began participating in Cabinet meetings. Conversely, the Prime Minister and some ministers began participating in National Security Council meetings. This Government’s statement did not differ greatly from that of the Abu Mazen Government. The Government’s statement made it clear that it would focus on the five following matters:

- Working intensely toward halting construction on the separation wall and halting settlement. - Giving special attention to those harmed as a result of the ongoing Israeli aggression against

Palestinian cities, villages and camps. - Working toward achieving a ceasefire.

18 The National Security Council was established under Presidential Decision no. 84 of 1994, issued on 30 August 1994.

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- Calling openly for an end to the targeting of Palestinian and Israeli civilians. - Ending the prevailing state of chaos as an indispensable part of promoting the rule of law and

imposing public order, especially as regards to carrying and using firearms, civilian stockpiling of explosives, armed demonstrations and opening fire during demonstrations, and the chaos related to contradictory official statements.

4. The Ministries Article 71 of the amended Basic Law of 2003 gives each minister, within the framework of his or her ministry, jurisdiction to propose public policy for that ministry and supervise its implementation after it is authorized, supervise the flow of work in the ministry and issue necessary instructions, implement the Public Budget within the allocations determined for each ministry, and prepare draft laws relevant to the ministry for submission to the Cabinet. Article 72 of the said law requires each minister to submit detailed reports to the Cabinet on the activities, policies, plans, and achievements of each ministry in relation to the goals set forth for the ministry in the general Government work plan.19 Performance of the Ministries The hostile acts of the Israeli occupation forces continued to negatively affect the general performance of the ministries during 2003. The repeated Israeli incursions into Palestinian cities, villages, and camps continued, as did the destruction of residential and commercial buildings and headquarters of government institutions, the bulldozing of land, and hermetic siege and closure. All of this reflected negatively on the performance of the ministries and limited their capacity for achievement. - In the education sector, the Ministry of Education was able to complete the academic year with minimal losses and was able to carry out the high school matriculation (tawjihi) exams in an easier manner than last year. Within this framework, the ministry transferred more than 6,000 teachers, so as to facilitate travel to their workplaces and ensure regularity of the educational process.20 The Government supported the universities with approximately 20 million USD from the 2003 Public Budget. Primary education continued to suffer from a host of problems, however, most importantly schools’ needs for laboratories and libraries, athletic facilities, and computer equipment. In addition, health care must be provided for students, as well as psychological and social guidance, and the salaries of workers in the field of education must be increased. With regards to higher education, the universities remained in need of greater financial support from the Government so as to enable them to reduce tuition fees, develop their programs and staff, activate the academic research departments, and develop the incentive system for encouraging innovation and research among faculty. - In the health sector, medical personnel in the Government, semi-governmental, and private sectors exerted outstanding efforts to provide vital services to citizens. The Government also worked to pay off a large portion of the debts owed to pharmaceutical companies by the Ministry of Health. However, the wages of health sector workers remained low, and patients’ rooms in government hospitals were still insufficiently clean. Further, the Ministry’s oversight over nongovernmental hospitals and clinics

19 The Cabinet issued Decision no. 3 of 1997 on 22 December 1997, in which it requested that each ministry submit its structural plan delineating the powers and responsibilities with which it is entrusted. This decision also required the formation of a committee consisting of the Secretary General of the Presidency, the Secretary General of the Cabinet, the head of the Fatwa and Legislation Council, the head of the General Personnel Office, the Deputy Minister of Planning and International Cooperation, and the Deputy Minister of Finance, to study these structural plans and to make recommendations to the Cabinet on issues related to any conflicts in authority. 20 Speech of Prime Minister Mahmoud Abbas before the PLC on 4 September 2003.

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remained beneath the level required. For example, during the year one woman died and another woman was paralyzed at the Palestinian Red Crescent hospital in Ramallah as a result of medical neglect, and the

ministry did not take any serious measures against those responsible. A report issued by the PLC Committee for Oversight and Human Rights on 18 August 2003 revealed dangerous financial and administrative violations at the Abu Raya Center run by the Patient’s Friends Society in Ramallah. Many additional cases of medical neglect have been documented. Kidney patients suffered significantly during the year as a result of the shortage of kidney dialysis machines and the necessary expertise for maintenance of available machines. There was also a shortage of specialized, qualified personnel.21 - In the transportation sector, the ministry took a series of steps aimed at addressing problems. Following the reduction in fuel prices in May 2003, the ministry reduced the prices for traveling over roads and required that public transport drivers, especially in the Gaza Strip, charge the prevailing pre-Intifada rates. In July 2003, the Ministry of Transportation and the Ministry of Finance issued a joint decision regarding the terns of the returnee's motor vehicles. During the same period, the Minister of Transportation decided to not allow illegal public motor vehicles from transporting passengers. Further, on 17 May 2003, the Cabinet decided to reduce the Ministry of Transportation’s motor vehicle plate fees for public transport and commercial vehicles, as well as the fees for registering and licensing these vehicles, for the period from 1 January 2002 through 21 December 2003. This was done as follows: the motor vehicle plate fees for taxis were reduced by 50 percent, making it 5,000 NIS in the northern governorates (the West Bank) and 2,500 NIS in the southern governorates (the Gaza Strip); the registration and licensing fees for public cars and buses were reduced by 25 percent; and the registration and licensing fees for commercial vehicles (trucks) were reduced by 50 percent. Despite the above measures, however, the transportation sector continued to suffer from many problems. The steps taken to control transportation prices and illegal motor vehicles carrying passengers had limited effect. There are thousands of illegal vehicles transporting passengers within and between the various Palestinian cities and villages.22 Despite the reduction in rates for public plate fees and licenses, the price of obligatory insurance rose by 30 to 40 percent. This occurred after the Union of Palestinian Insurance Companies set down the Agreement for Applying a Unified Tariff for Motor Vehicle Insurance in the West Bank and Gaza on 15 July 2003, without even minimal involvement of the responsible official authorities.23 The Ministry of Transportation also vacillated in the distribution of public motor vehicle plates to the families of martyrs. After deciding to allocate public motor vehicle plates to martyrs’ families free of charge, the ministry then reneged and decided merely to reduce plate fees by 50 percent and limit the number granted to approximately 200. - The Ministry of Finance had some important achievements, such as identification of PNA investments, partial implementation of the Civil Service Law, and implementation of the principle of budgetary unification and unifying the treasury between the West Bank and Gaza Strip. This notwithstanding, it had limited success in reducing the unemployment rate, improving tax collection, and reducing tax evasion.

21 For more information, see the special report entitled The Suffering of Kidney Failure Patients in the Palestinian National Authority Territories (Ramallah: PICCR, December 2003). 22 A joint report issued by the PLC Economic Committee and the PLC Budget and Financial Affairs Committee on 15 January 2003 pointed to the existence of nearly 4,000 private vehicles being used to transport passengers in the PNA territories, a number that equals the number of taxis. 23 On 25 October 2003, the PLC Economic Committee debated the subject of “The Surprising Increase in the Prices of Obligatory Insurance by Insurance Companies,” and it recommended that the relevant authorities monitor the insurance sector and put regulatory legislation in place.

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The general performance of the Government in dealing with the devastating economic effects of the continuing Israeli aggression on citizens was unsatisfactory and not at the level required. The

Government did not take any serious steps to control the prices of basic goods or to regularly monitor their quality.24 The Ministry of Energy did not work to put in place or implement a unified tariff for water and electricity.25 On the pretext of a lack of funds, the Ministry of Housing and Public Works failed to rebuild most of the houses destroyed by the Israeli occupation forces during past years. Further, the Ministry of Labor failed to satisfactorily alleviate the suffering of the unemployed. The Ministry of Agriculture did not provide sufficient support to farmers and livestock owners despite the huge losses they endured. Likewise, the Land Authority (the former Ministry of Housing) did not adhere to clear, disclosed bases and standards with regards to the management and administration of state land, and did not exert the necessary efforts to take stock of this land, register it, and pursue transgressors through judicial and administrative means.26 The Ministry of Justice (Fatwa and Legislation Council) was late in publishing the laws approved by the PNA President. For example, although the PNA President approved the Social Insurance Law in October 2003, the Fatwa and Legislation Council did not publish it until the end of the year. 5. Public Institutions and Authorities The amended Basic Law held special importance for public institutions. Article 69 of the amended law entrusted the Cabinet with establishing or abolishing the commissions, institutions, and authorities, along with their administrative units, that comprise the executive apparatus of the Government, as well as ensuring all of them are regulated by law. It also entrusts the Cabinet with appointing the heads of authorities and institutions and monitoring them in accordance with the provisions of the law. Since the PNA’s establishment, President Arafat has set up 78 public institutions, commissions, and authorities.27 However, the selection of a decentralized style in the administration of the public facility (public institution/authority) was not based on in-depth study. In addition, most of these public institutions were established without legal support governing their work, specifying means of oversight, and regulating their relationship to the central authorities.28 During 2003 the Government took a number of steps to improve public administration and civil service. In addition to the provisions included in the Basic Law regulating the establishment of public institutions and appointment of their heads, the Executive branch announced the joining of a number of public institutions and authorities to the relevant ministries. For example, the General Petroleum Commission,29 the General Tobacco Commission, and the High Committee for Supply and Investment were merged with the Ministry of Finance. Likewise, the Civil Aviation Authority and the Naval Ports Authority were

24 For more information, see the joint report issued by the PLC Committee of Oversight and Human Rights and the PLC Committee of Financial and Economic Affairs on 13 January 2003, on the issue of manipulating the expiration date on a shipment of tea. 25 For more information, see the special report entitled Price Discrepancy in Water Prices in the Palestinian National Authority Areas (Ramallah: PICCR, May 2003). 26 For more information, see the special report entitled The Management and Administration of State Lands: Between Law and Practice (Ramallah: PICCR, January 2003). 27 Declaration of the Palestinian government presented to the PLC on 1 July 2003. 28 For more information on Palestinian public institutions, see Ma’an D’eis, Public Institutions and the Palestinian Executive Branch – Problems and Solutions (Ramallah: PICCR, 2003). 29 As a result of the merger of the General Petroleum Commission with the Ministry of Finance, the Minister of Finance began taking some important decisions. On 15 July 2003, he took a decision ordering the cancellation of import duties imposed by the Commission on imported oil products, and the Commission stopped trading in these materials. The Commission had been levying duties of 20 percent on Israeli oil imports entering the Gaza Strip and 30 percent on those entering the West Bank.

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merged with the Ministry of Transportation. The Commission of Free Industrial Cities and Zones, and the Weights and Measures Authority were attached to the Ministry of Economy. The Minister of Justice

became the authority over the Fatwa and Legislation Council.30 Further, the Minister of Transportation reported that other government authorities and institutions would be merged with the Ministry, including the General Administration for Crossings and Ports and the Palestinian Airlines,31 but this had not occurred as of the end of 2003. Most public institutions and commissions continued to face problems related to their formation, jurisdictions, supervision, and relation to other official institutions and agencies which overlap or assume similar functions and responsibilities. Further, the constitution of these institutions was not in keeping with what had been agreed or with the provisions of the amended Basic Law. For example, no legislation on any of these institutions was passed during the year. Some of these institutions were formed by presidential decision or decree without delineating the mechanisms by which they would work or their relationship to other government institutions. Others were formed by law, but without specifying their jurisdictions or method of operation. The appointments of some of the heads of these public institutions, such as the Governor of the Monetary Authority and the head of the General Control Commission were not submitted to the PLC for approval. Moreover, some of these institutions were headed by members of the PLC, such as Hasan Asfour, the Head of the Commission of Nongovernmental Organizations’ Affairs, and Freih Abu Meddin, head of the Land Authority. 6. Local Administration The amended Basic Law stipulates that the country must be organized into local administrative units with legal standing. It also states that each of these units must have a directly elected council. The said law also states that these units must be regulated by laws, specifying their jurisdictions, activities, financial resources, relationship to the central authority, and role in preparing and executing development plans, as well as the means of monitoring them. It also provides for attention to residential, geographical, economic, and political considerations when dividing the country into local units.32 The local authorities, including municipal and village councils and project committees, numbered 412, all of which were supervised by the Executive branch via the Ministry of Local Government. Since its inception, the PNA has taken important steps with regards to Palestinian local authorities. It set down two laws specific to these authorities: the Election of Local Authorities Councils Law no. 5 of 1996 and the Local Authorities Law no. 1 of 1997. As of the end of 2003, however, local authority elections had not been held; thus, the Executive branch continued to appoint the heads and members of these authorities’ councils. Likewise, as of the end of the year, the Executive branch had not set down regulations and by-laws for these two laws. On 28 May 2002, the President issued a decree forming the Supreme Council of Local Elections.33 As part of the 100-Day Plan from June 2002, the Executive branch announced the commencement of preparations for local authorities’ elections and set March 2003 as the date for holding them. The Palestinian Government formed on 29 April 2003 repeated promises to hold local authority elections by June 2004, and this was also affirmed by the Government formed on 12 November 2003.

30 Government declaration presented to the PLC on 1 July 2003; the Minister of Transportation gave up his post as chair of the Higher Council for Airlines Administration on 6 July 2003. 31 Al-Hayah Al-Jadida newspaper, issued on 19 July 2003, quoting the Minister of Transportation, Dr. Sa’adi Al-Krounz. 32 Amended Palestinian Basic Law, Article 85. 33 Presidential Decree no. 2 of 2002, regarding local elections, issued 28 May 2002.

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To implement of the plan of the Government formed at the end of 2002, the Ministry of Local Government began carrying out a project to rehabilitate municipal services. The project includes the

establishment of a fund to support municipalities, with approximately 70 million USD in allocated funds. The plan’s goals include dealing with the deteriorating quality of basic services provided to citizens, as well as helping to deal with the problem of unemployment in the Palestinian territories. The said plan focuses primarily on essential services, along with the financial, technical, and administrative rehabilitation of municipalities.34 The committee entrusted with managing this plan is made up of the Ministry of Local Government, the Ministry of Finance, and the Ministry of Planning. On 12 March 2003, the committee decided to distribute part of the World Bank grant to local authorities according to the number of residents within the borders of each; 349 local authorities in the West Bank and Gaza Strip benefited. However, the criterion that the Ministry of Local Government used to distribute the grant and funds to local authorities (the number of residents) is not, in and of itself, sufficient. In addition to the number of residents, other criteria should be adopted, such as need, the extent of damage inflicted on local authorities’ properties, and local authorities’ financial and administrative performance. The local authorities continued to suffer from interference by Ministry of Local Government, as well as from the absence of clear regulations on the nature of the departments operating in each.35 The local authorities also faced the problem of interference by municipal council members with employees’ affairs.36 Further, as of the end of 2003 no steps had been taken to control appointments or solve the problem of the excessive number of employees in some local authorities.37 Naturally, Israeli aggression continued to have a negative effect on the local authorities during 2003. As a result of reoccupation of and repeated incursions into Palestinian cities and villages, the local authorities suffered severe damage to their property, particularly their road and water networks, electricity and sewage systems, and school buildings. Moreover, the declining economic situation led to a decline in local authority earnings. 7. The Security Agencies There are eight Palestinian security agencies: the Civil Police, National Security, General Intelligence, Preventive Security, Presidential Security, Civil Defense, Military Intelligence, and Naval Police. These agencies function independently of each other, and sometimes comprise West Bank and Gaza Strip branches that also function independently of the other. Further, more than one security agency may perform the same role. The Basic Law contains some important provisions regulating the legal status of these security forces. Article 84 stipulates: “Security Forces and the Police are a regular force. It is the armed force in the country, and its function is to defend the country, serve the people, protect society, and maintain security, public order, and public morals. This force performs its duties within the limits prescribed by law with

34 According to statements by Sha’ban Abu Samra, Director of the Projects Bureau in the Ministry of Local Government, to Al-Ayyam newspaper, issued on 14 March 2003. 35 The Association of Palestinian Local Authorities, in cooperation with a company specializing in administration, conducted studies on the administrative and financial structure of 15 local authorities, addressing their status, flaws, and possible solutions. 36 Interview with the Executive Director of the Association of Palestinian Local Authorities and the association’s legal advisor in the West Bank, 5 November 2003. 37 Report entitled The Number and Salaries of Employees in Palestinian Local Authorities as of 24 June 2002 (Ramallah: Association of Palestinian Local Authorities, 2002).

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complete respect for the rights and freedoms.” The same article stipulates that the security forces and police are to be regulated by law.

Among the measures outlined in the Government’s 100-Day Plan of 23 June 2002, was attaching Preventive Security, the police, and Civil Defense to the Ministry of the Interior.38 This step began to be carried out on 27 June 2002, when these three agencies, including their administrations, property, and equipment, were merged with the Ministry of Interior. Nonetheless, authority over these agencies remained effectively in the hands of the PNA President. This is in addition to the President’s control over the other security agencies through his capacity as head of the National Security Council (which was re-formed at the beginning of October 2003). In order to achieve coordination and integration between the Government and the National Security Council, and for the purpose of containing conflict between the Government and President regarding the distribution of control over the various security agencies, Prime Minister Abu ‘Ala` attached a memorandum of understanding to his Government program presented to the PLC on 12 November 2003. This memorandum stipulated the following: 1. The National Security Council’s membership is made up of the Prime Minister, the Minister of Interior, the Minister of Foreign Affairs, and the Minister of Finance. The Prime Minister is the deputy of the Council President. 2. The Director of National Security and Director of General Intelligence shall participate in Cabinet meetings when issues linked to security and its requirements, are being discussed. 3. All Palestinian security agencies will be unified within the framework of the National Security Council, whereby all of them will take part in drawing up policies, issuing instructions, and discussing performance reports, especially as relates to defending the nation and maintaining security and public order, respecting and applying the rule of law, and preventing chaos. 4. National Security and General Intelligence, along with the police, Preventive Security, and Civil Defense, serve as one body in the defense of the nation, maintenance of security and public order, prevention of chaos, and enforcement of public policies specified by the National Security Council, which shall issue its directives in a clear, precise fashion. 5. The National Security Council shall set down in no more than one month:

A. A detailed regulation on its membership and the means of administering its tasks and work. B. A detailed regulation on restructuring and unifying the work of the security agencies and National

Security forces to increase their effectiveness and specify their authority. On 15 October 2003, the National Security Council held a meeting at which the leaders of Gaza’s security agencies were appointed under the head of Major Abdel Razaq Al-Majayda, and Major Ghazi Al-Jabali

38 Presidential Decree no. 12 of 2002, concerning merging the police, Preventive Security, and Civil Defense with the Ministry of Interior, issued on 27 June 2002.

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was reappointed Director General of the Police in the West Bank and Gaza Strip.39 The PNA President had previously reappointed Colonel Jibril Al-Rajoub as his national security advisor.40

Some steps were taken during 2003 toward re-ordering the financial situation of members of the security agencies. The salaries of military employees should be dispensed through their bank accounts, and their salaries were increased through changes in the official exchange rate for the dollar, which rose from 3.7 to 4 NIS. Also during the year, the salaries of members of the police agencies, Preventive Security, General Intelligence, and Civilian Defense were transferred to their personal bank accounts instead of being paid to the leadership of these agencies, who had assumed a role in the transfer process. This change affected 23,000 security employees. The Israeli forces’ repeated incursions into PNA areas clearly had a negative effect on the performance of the Palestinian security agencies, whose members were consequently unable to carry out their work and maintain the security and safety of Palestinian citizens. It remained impermissible for members of the security agencies in the West Bank (with the exception of Jericho and Bethlehem) to even operate in the cities and villages that had been invaded. Further, members of security agencies were unable to carry firearms or to appear in official uniform. The destruction of most of the prisons and detention centers in the West Bank also affected the ability of these agencies—and particularly the police—to fulfill their duties in prosecuting crimes, arresting criminals, and enforcing court verdicts. Difficult and complicated circumstances prevented or hindered members of the security agencies from carrying out their responsibilities in a proper manner or at the level required. This notwithstanding, unjustified shortcomings and weaknesses in their work became evident during 2003. For example, the security agencies failed to put a stop to security lapses, arms chaos, or the phenomenon of taking the law into one’s own hands, though they were able to do so. During the year, scores of citizens were killed for collaboration with the occupation authorities, in family disputes, or as retribution for crimes committed. Further, there are thousands of motor vehicles operating illegally—whether they are “stolen cars”41 or cars without licenses, insurance, or both.42 The traffic police did nothing to address this issue, nor to force drivers to apply the tariff rate authorized by the Ministry of Transportation or to fine drivers for other traffic violations. On 6 July 2003, a group of militants was able to enter the court building in Ramallah, where Kayed Abu Shalbayeh, of Al-Am’ari Camp/Ramallah, was being held. They took him out of the building and killed him, and the police guarding the court building were unable to prevent this from happening. On 22 April 2003, detainee Samer Al-Beishawi, of Nablus, was wounded in the abdomen as he was being transported to the Jericho conciliation court for trial on murder charges; militants attacked the police car that was transporting him with a gas bomb and then opened fire on the car with M-16 machineguns. Detainee Wisam Al-Mughrabi was also wounded in the incident.

39 Major General Al-Jabali was appointed director of the police agency in the Gaza Strip and Jericho by Presidential Decree no. 37, issued on 20 July 1994, and was then transferred to Presidential Security. He was appointed advisor to the President on police affairs by Presidential Decision no. 27 of 2002, on 4 July 2002, and reappointed as commander of the Palestinian police on 15 October 2003. 40 Colonel Jibril Al-Rajoub was dismissed as head of Preventive Security in the West Bank and appointed governor of the Jenin governorate by Presidential Decision no. 26 of 2002, issued on 3 July 2002. The PNA President reappointed him as National Security Adviser in August 2003. 41 Colonel Muhammad Dahlan, State Minister for Security Affairs, revealed in a government meeting with the PLC on 1 July 2003 that there are 12,000 “stolen vehicles” in the Gaza Strip alone. Among these are 5,000 in the service of the PNA employees. The discussions at the PLC also revealed that Israel had seized 37 million NIS from PNA funds to compensate Israeli insurance companies for car theft. 42 The Director General of the Licensing Authority reported to Al-Ayyam newspaper, issued on 26 April 2003, that 4,069 public transportation vehicles in the Gaza Strip governorates were registered with the ministry as of the end of March 2003, but less than a fourth of their owners had paid licensing fees.

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These problems went beyond these shortcomings in performance of duty, as some members of security

agencies violated the law themselves. For example, on 3 July 2003, a group of Preventive Security members stormed Al-Amal Hotel on Omar Al-Mukhtar Street, near the Gaza City coast. They attacked the hotel director with their rifle butts and also attacked his son and some of the hotel guests. They searched the hotel reception hall without displaying a legal warrant on the pretext that they were searching for persons wanted by the security forces. 8. The Public Budget The Regulation of the Public Budget and Financial Affairs Law no. 7 of 1998 lays out the stages through which the Public Budget Law must pass, the parties responsible for its preparation, its sections, the mechanics of its implementation, and the party charged with overseeing its implementation. The law states that the Cabinet must submit the Draft Budget Law to the PLC at least two months before the commencement of the fiscal year. The Government was two months late in submitting the public budget for 2003. The Draft Budget Law for 2003 was not submitted until 31 December 2002. After a month of circulating it between the PLC Budget Committee and the Ministry of Finance, the PLC approved the Draft Budget Law for 2003 on 1 February 2003, or a month after the start of the 2003 fiscal year. The Budget Law for 2003 estimated a total of 1,279 million USD in government expenses, whereas total estimated revenue was only 531 million USD,43 resulting in a deficit of 747 million USD. The said law referred to expected sources of financial support to cover the deficit. The most important points of the Draft Budget Law for 2003 are as follows: 1. The bill contained a budget statement that clarified economic and financial policies, as well as the bases on which the Ministry estimated revenue and expenses. 2. The bill disclosed the Government’s resolve to apply the unified budget principle, which requires that all taxes, fees, and foreign aid and grants go to the public treasury. 3. The bill affirmed the Government’s resolve to stop waste of public money by reducing rent amounts and foreign travel expenses. 4. The bill affirmed the Government’s intention to end deductions from employee salaries, in implementation of the financial component of the Civil Service Law, and also affirmed that employee salaries would be paid without interruption. 5. The bill affirmed that all PNA investments would be accounted for and administered through the investment fund. However, the Draft Budget Law for 2003 also contained the following flaws: 1. The creation of more than 3,000 new positions, some of them in government institutions already suffering from over staffing such as the General Personnel Office (40 employees), the Ministry of Social Affairs (26 employees), the Land Authority (20 employees), and the Ministry of Agriculture (10 43 At a meeting held with the PLC Budget and Financial Affairs Committee on 25 August 2003, the Minister of Finance reported that public treasury revenues were 25 million USD higher in the first half of 2003.

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employees). It was necessary and obligatory to transfer employees from overstaffed government institutions to understaffed government institutions.

2. The Government submitted the Draft Budget Law without specifying who was entrusted with spending in all of the 68 financial centers mentioned in the bill. In addition to the ministries responsible before the PLC for implementing the budget through their ministers, there are scores of public institutions and authorities to which public funds were allocated without identifying who was responsible for these funds before the PLC. 3. The bill did not include the tables and charts required by Article 21 of the Regulation of the Budget Law, such as the table showing the financial and monetary situation of the public treasury; the table of debts, loans, and proposed repayment plans; and the table of the PNA’s investments in domestic and non-domestic authorities and companies. The Government did not submit the Draft Budget Law for 2004 to the PLC by the legally specified date, which is the beginning of November of 2003. It did not submit it until 3 December 2003.44 9. Prisons and Detention Centers Prisons in the areas of the PNA are of two types. The first type includes reform and rehabilitation centers, which are supervised by the police’s General Directorate of Reform and Rehabilitation Centers and governed by the Reform and Rehabilitation Centers Law no. 6 of 1998. The second type includes detention centers supervised by the various Palestinian security agencies, and which are not regulated by any legislation. The reform and rehabilitation centers (prisons) under the auspices of the Civil Police and the detention centers under the auspices of the security agencies were subjected to complete or partial destruction by the Israeli occupation forces during 2002. In addition, their furnishings, files, and documents were burnt and damaged. During the second half of 2002 and during 2003, however, some of the headquarters were repaired and some buildings were used as temporary headquarters. In addition to the detention centers under the auspices of the Palestinian security agencies and police departments, there are six detention centers under the auspices of the Directorate of Reform and Rehabilitation in Jenin, Nablus, Ramallah, Jericho, Al-Dhahiriyeh, and Gaza.45 During the second half of 2003, the Government also announced that a decision had been made to establish two modern reform and rehabilitation centers,46 one in the West Bank and the other in the Gaza Strip. However, 2003 came to a close without any effective steps being taken in this regard. Through the periodic visits made by PICCR researchers to Palestinian reform and rehabilitation centers (prisons), police departments, and other detention centers, the following main problems were identified: 1. Space allocated to inmates: The reform and rehabilitation centers suffer from overcrowding, whereby the space allocated per inmate is no more than one square meter (with the exception of the Nablus Reform and Rehabilitation Center). Visits by a PICCR researcher to the Ramallah Reform and Rehabilitation

44 The Cabinet authorized the Draft Budget Law for 2004 at a meeting on 29 November 2003, and it was to be presented to the PLC at the next meeting. 45 Colonel Musa Abdel Nabi, Director General of Reform and Rehabilitation Centers, reported to Al-Quds newspaper on 24 August 2003 that the reform and rehabilitation centers hold 632 arrested and convicted detainees, 474 of whom are in reform and rehabilitation centers in the Gaza Strip. 46 Ibid.

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Center on 12 October and 18 November 2003 revealed that there were more than 40 inmates in two cells and a larger shared room.

2. Recreational time47: The reform and rehabilitation centers suffer from insufficient space allocated for recreational time (with the exception of the Jericho Reform and Rehabilitation Center). During visits by PICCR researchers to the reform and rehabilitation centers in Jenin and Ramallah and the police departments in Tulkarem and Qalqilya, the inmates complained of the lack or short duration of recreational time, as well as of the unsuitability of the spaces allocated for this purpose. 3. Ventilation: Some reform and rehabilitation centers suffer from poor ventilation. In addition, sunlight cannot penetrate inmates’ cells, resulting in a high level of dampness that leads to lung diseases and rheumatism.48 4. Cleanliness: The reform and rehabilitation centers suffer from a general lack of cleanliness, and unclean blankets and beds in particular.49 There is also a shortage of cleaning supplies for cleaning inmates’ rooms, clothes, and bathrooms.50 5. Nutrition: The food served to inmates in the reform and rehabilitation centers is lacking in quantity and quality. Inmates at the Al-Dhahiriyeh, Jericho, Nablus, and Jenin Reform and Rehabilitation Centers complained that they were served inadequate amounts of food of poor quality. Indeed, inmates in the Jericho Reform and Rehabilitation Center are only given one meal per day.51 Likewise, inmates at the Nablus52 and Jenin53 Reform and Rehabilitation Centers and the Qaliqilya police department54 attested that they were given insufficient meals. 6. Medical Services: Some inmates at reform and rehabilitation centers suffer from illnesses requiring their transfer to hospitals to undergo surgery. There is also a shortage of medicines needed by patients receiving medical services. Moreover, there are few doctors’ visits to the prisons. For example, on 18 March 2003, inmates at the Nablus Reform and Rehabilitation Center complained that a physician had not visited them at the prison for 45 days. Inmates at the Jenin Reform and Rehabilitation Center complained that the military medical services pharmacy did not provide some medicines, forcing them to purchase them at their own expense.55 7. Mistreatment: Some inmates complained of mistreatment by officials in some of the detention centers and prisons. For example, inmates at the Ramallah Reform and Rehabilitation Center complained of mistreatment by center officials, occasionally going so far as physical assault. Likewise, female inmates at the Central Nablus Prison complained of mistreatment by female police guards.56 Inmates at the Jericho Reform and Rehabilitation Center complained of mistreatment by the administration.57 Inmates at the

47 Recreational time refers to the period during which inmates are permitted to leave their prison cells and congregate in an open area. 48 Visit by a PICCR researcher to the Bethlehem Detention Center on 2 November 2003. 49 Visit by a PICCR researcher to the Jericho Reform and Rehabilitation Center on 29 November 2003. 50 Visit by a PICCR researcher to the Jericho Reform and Rehabilitation Center on 29 November 2003, and to the Nablus Reform and Rehabilitation Center on 27 January, 18 March, and 9 November 2003. 51 Visit by a PICCR researcher on 29 November 2003. 52 Visits by a PICCR researcher on 26 and 27 January, 18 March, 7 September, and 10 November 2003. 53 Visits by a PICCR researcher on 2 June, 21 July, 30 September, and 19 November 2003. 54 Visit by a PICCR researcher on 8 November 2003. 55 Visit by a PICCR researcher on 30 August 2003. 56 Visit by a PICCR researcher on 6 July 2003. 57 Visit by a PICCR researcher on 29 November 2003.

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Tulkarem and Qalqilya police departments complained of mistreatment by some members of the police and of being beaten58 and tied up and confined for many hours.59

10. Civil Service and State Employees Official records indicate that there are more than 75,000 government employees in the PNA’s civil administrations and more than 53,000 employees in the security agencies and administrations. This is in addition to the employees working in the various civil administrations whose salaries are paid from projects funded from abroad. It was decided that the latter employees would be transferred to the public budget in an incremental manner. No information is available regarding the number of employees comprising this group. The Palestinian Governments formed during 2002 had clear commitments to take the steps necessary to create a modern, effective civil service apparatus. These steps include limiting employment expansion in the public sector; confining additional appointments to public positions to the Ministries of Education and Health, as well as any other indispensable positions in other sectors; unifying the administration of salaries in the Ministry of Finance; preparing a modern retirement system and putting it into effect it as soon as possible; dealing with excessive civil service employment; training personnel and hiring them based on appropriate criteria; and doing what is necessary to help instill positive work values. The Palestinian Governments formed during 2003 reaffirmed these commitments and made a number of decisions related to public employment. In 2003 the Government decided to prohibit holding a public position while being employed elsewhere, including in nongovernmental organizations. It also decided to terminate the service of employees who reach age 60, while providing each with a certain salary until a retirement law has been approved.60 From a practical standpoint, during 2003 the Palestinian Government took a series of steps toward implementing the aforementioned plans: 1. Five years after the passage of the Palestinian Civil Service Law, the Government partially applied the law’s financial component to Ministry of Education employees, who number approximately 35,000.61 Since September 2003, employees at the rank of director or higher were given 30 percent of the allowance owed to them, and employees beneath the rank of director were given 50 percent. These rates will subsequently be applied, in a gradual manner, to the rest of PNA employees. Once these rates have been applied in all civil service sectors, all employees will be paid the rest of what they are owed retroactively from September 2003. 2. The Government stopped deductions from employee salaries. On 21 June 2003, the Cabinet decided to stop deduction of the unemployment contribution and the Emergency Fund contribution from the salaries of government employees, civilian and military alike. That deduction had ranged from 7 to 12 percent. The decision was applied to salaries beginning from June 2003. The above notwithstanding, the Government failed to solve some problems related to public employment, most importantly:

58 Visit by a PICCR researcher to the Qalqilya police department on 8 November 2003. 59 Visits by a PICCR researcher to the Tulkarem police department on 19 May and 3 June 2003. 60 Address by Prime Minister Mahmoud Abbas before the PLC on 1 July 2003. 61 Statement by the Minister of Finance to Al-Quds newspaper, issued on 2 October 2003.

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1. The lack of control over appointments in the security sector: Despite the Minister of Finance’s statement on 7 July 2003 annulling the decisions appointing approximately 800 security employees,62

3,440 new security employees were in fact appointed by the end of November 2003.63 2. In anticipation of a process aimed at “ranking” civil service employees initiated by the Government during the second half of 2003, some employees were promoted to higher administrative ranks. More than 22 employees in the Presidential Secretariat were promoted to the rank of Director or Director General. 3. As of the end of 2003, the Government had not yet put in place or implemented a retirement system. Even though the Cabinet formed a committee charged with preparing a draft law on civil retirement headed by the Minister of Finance,64 as of the end of the year this committee had not completed its task. The Government decided on 17 May 2003 to terminate the service of civil employees who are over 60 years in age. Until such time when a new retirement law is issued, these employees were to be paid a retirement salary equal to 75 percent of their original income in addition to any professional allowance. The Government also decided not to extend the service of any employee except by Cabinet decision.65 The said decision was not implemented, however, primarily due to the lack of sufficient funds and the lack of criteria on which to account for years of service within the PLO.66 On 18 August 2003, the PLC issued a decision amending the said Cabinet decision until such time as the Government clarifies the means of providing the funds necessary to apply the decision for the various employee sectors. 4. During 2003 the Government did not take any new steps to deal with the phenomenon of the excessive number of public employees.67 5. The procedures of hiring public employees, particularly those in high positions, continued to lack transparency.68 For example, assistant deputy ministers and employees at the deputy assistant rank were appointed in the General Personnel Office,69 the Ministry of Culture,70 the Presidential Secretariat,71

and the Ministry of Supply.72 A number of chairpersons were appointed to the new public authorities and institutions without making clear what criteria and bases govern or regulate the appointment process. 6. The Government failed to control the attendance of employees in the ministries and various official institutions. Employees in some government offices continued to come and go as they pleased. In other offices, employees were cut off from work for long periods without oversight, and yet were still paid money for transportation in addition to salaries.

62 Meeting of the Minister of Finance with the PLC Budget and Financial Affairs Committee on 7 July 2003. 63 See the Minister of Finance’s statement in the public budget statement for 2004 presented before the PLC on 3 December 2003. 64 A Cabinet decision was issued forming the said committee on 12 October 2003. 65 Cabinet Decision no. 2 of 2003 on the payment of monthly entitlements to employees upon termination of their service, issued on 27 May 2003. 66 Statement by the Minister of Finance to Al-Quds newspaper, issued on 10 August 2003. 67 Salaries and wages comprised approximately 636 million USD in the Public Budget for 2003, or 61 percent of all current expenditures. 68 For more information, see the special report entitled Filling the Higher Offices in the Palestinian National Authority (Ramallah: PICCR, August 2003). 69 Presidential Decisions nos. 8 and 9 of 2003, issued on 21 January 2003. 70 Presidential Decisions nos. 7 and 35 of 2003, issued on 16 January and 1 April 2003. 71 Presidential Decision no. 4 of 2003, issued on 8 January 2003. 72 Presidential Decision no. 32 of 2003, issued on 1 April 2003.

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11. The Executive Branch’s Legislative Role

In accordance with the Basic Law, the Executive branch has the power to propose draft laws and submit them to the PLC and to issue laws and publish them in the Palestinian Minutes. The Executive branch also has the power to write secondary legislation (regulations and bylaws) necessary to make legal provisions operative. Further, the PNA President has the power to issue decrees of legal standing in cases when the PLC is not convening. 1. Submitting Draft Laws to the PLC: During 2003 the Palestinian Cabinet was active in submitting draft laws to the PLC. It submitted 15 draft laws, some of which were passed by the PLC on the first reading, some of which were accepted for general discussion, and some of which were transferred to the relevant PLC committees. Perhaps the most important of these bills were those related to the High Constitutional Court and military retirement, as well as the bill amending the Civil Service Law. 2. Issuing Laws: During 2003 the PNA President issued four laws. The most important of these was the amended Palestinian Basic Law issued on 18 March 2003, which was published and went into effect the following day. The other laws included the Law of Agriculture, the Law of Regular Courts’ Fees, and the Social Insurance Law. There are 13 laws that were passed by PLC but have not yet been issued. 3. Bylaws: The successive governments formed in 2003 discussed their plans for implementing laws, making them operative, and issuing the requisite bylaws. However, no new bylaws were issued this year except for some directives related to preventing radioactive contamination of food stuffs and “armoring X-ray rooms,” issued to support the Environment Law no. 7 of 1999. As of the end of 2003, the PNA President had issued 45 laws after their approval by the PLC, but bylaws had not been issued for most of them. This means that the provisions of some of the laws that went into force have not yet been implemented, or they have been implemented according to unauthorized bylaws or according to decisions that should have been included within bylaws. 4. Submitting “Decrees of Legal Standing” to the PLC Article 43 of the amended Basic Law permits the PNA President, in necessary cases which cannot be postponed and which occur while the PLC is not in session, to issue decisions and decrees that have the power of law. However, the decisions issued must be presented to the PLC in the first session convened after their issuance, otherwise they cease to have legal standing. Since the establishment of the PNA, the President has issued scores of legislative acts constituting “decrees of legal standing,” both before and after the establishment of the PLC.73 The PLC has not approved any of these laws, and as of the end of 2003 they still had not been submitted to the PLC. 12. Conclusions and Recommendations Many developments took place during 2003 that affected the performance of the Palestinian Executive branch. Israeli reoccupation of Palestinian cities, villages, and camps continued, particularly in the West Bank, hindering the work of the ministries and various public institutions and authorities, civilian and security alike. On the other hand, 2003 saw perceptible development with regards to financial, security, and administrative reform; steps toward reform were carried out in each of these areas. This notwithstanding, there are still many flaws and shortcomings that must be dealt with seriously and genuinely. 73 There are 23 legal acts termed “laws” that were issued by President Arafat prior to the establishment of the PLC.

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So as to address the most pressing flaws in the Executive branch’s performance, PICCR recommends the following:

1. The Executive Branch must take all the necessary steps to expedite the conducting of presidential, parliamentary, and local authority elections as a prerequisite to any process of democratic reform and reconstruction. In this regard, it is necessary to expedite putting in place the law on which basis the coming legislative elections will be held. 2. The nature of the relationship between the National Security Council and the Ministry of Interior must be clarified, along with the duties and responsibilities entrusted to each and the mechanisms of coordination, cooperation, and integration between them. 3. Far-reaching decisions should be made to incorporate public institutions and authorities into the ministries which are closest to them in mandate, and to put in place laws governing the work of existing public institutions and authorities as well as those that are to be established. In this context, it is necessary to obtain PLC approval for appointments of the heads or directors of public institutions and authorities (such as the Governor of the Monetary Authority, the Head of the General Control Commission, the Head of the Land Authority, and the Head of the Commission of Nongovernmental Organizations’ Affairs), as per the provisions of the Basic Law. 4. The Government should exert greater efforts to improve the conditions of local authorities. It should put in place regulations and bylaws necessary to implement the laws related to them, release their financial entitlements being held at the Ministry of Finance, and put in place and apply fair standards for distributing foreign aid to the various local authorities. 5. The necessary legislation should be put in place to regulate the work of the various security agencies, delineating the powers, jurisdictions, and authority of each. 6. The police should assume an active role in monitoring motor vehicles operating in violation of insurance and license requirements and traffic laws. 7. The Government should rebuild the prisons and detention centers that have been destroyed or rendered unusable. Until this is done, there must be rapid work to create suitable temporary alternatives. 8. The problem of the increasing number of employees in the ministries, security agencies, and public authorities and institutions should be addressed seriously and at the root level. 9. The Ministry of Finance should exert effective, organized efforts to improve the rate of tax and fee collection and reduce tax evasion, as well as to resolve the discrepancy between the West Bank and Gaza Strip with regards to assessing and collecting property tax. 10. The General Personnel Office should make certain that those employees receiving salaries from the National Treasury are in fact showing up for work. 11. The General Control Commission's role in overseeing public funds should be activated. It should submit its annual and periodic reports to the PLC. 12. Laws should be published within the legally specified period, the necessary measures should be taken to bring operative laws into effect, and prompt action should be taken to submit all temporary decisions (decrees of legal standing) to the PLC.

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13. The Government should work toward alleviating citizens’ suffering and limit the negative economic effects resulting from the continuation of the Israeli aggression. In this regard, those who have been

harmed in the various sectors should be compensated, especially those who have lost their workplaces or sources of livelihood or whose houses have been destroyed. 14. The necessary bylaws and regulations should be put in place to implement laws, foremost among them the Labor Law, the Law on the Rights of the Disabled, the Local Authorities Law, the Nongovernmental Organizations and Charities Law, and the Traffic Law. 15. There should be serious investigation into claims of torture and mistreatment in prisons and detention centers. 16. The phenomena of security lapses, chaos of arms, and taking the law into one’s own hands should be dealt with seriously and promptly. These phenomena caused scores of deaths during 2003. 17. Serious, effective steps should be taken to combat the repeated assaults on state land. 18. A formula must be put in place and applied for providing financial support to universities, scientific institutes, and scientific research centers so as to resolve the chronic financial crises suffered by all academic institutions.

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Section Four: Violations of Citizens’ Rights Introduction Although the Palestinian National Authority adopted policies and programs of reform in various areas during 2003, these reforms did not yield perceptible improvement in the area of respect for human rights and freedoms as compared to previous years. A range of citizens’ rights were violated during 2003. These included the right to life, right to peaceful assembly, right to vote and stand for election, right to fair legal procedures, right to freedom of the press and media, right to health, and right to protection from arbitrary use of authority. Most violations continued as they have in previous years. If some violations decreased, others increased or remained the same. Furthermore, a decrease in the number of certain kinds of violations does not always reflect genuine improvement if it is the result of extraordinary internal or external circumstances rather than genuine commitment to respect for and protection of citizens’ rights. In documenting and presenting the Palestinian executive branch’s violations, PICCR aims to provide a sound, balanced picture of the status of Palestinian citizens’ rights and freedoms during 2003. It seeks to expose weaknesses and shortcomings and urges all concerned parties to work toward limiting such violations and hold perpetrators responsible.

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1. Violation of the Right to Life The right to life is the most fundamental of human rights and is guaranteed in all international agreements and conventions as well as national laws. The right to life was subjected to various forms of lapses and violations during 2003, and the PNA bears direct responsibility. Some violations were formal and institutionalized, such as the death penalty. Others stemmed from weak rule of law, such as deaths resulting from taking the law into one’s own hands and from the misuse of firearms, as well as deaths resulting from neglect by the relevant official bodies. The Death Penalty As it cannot be reversed once it has been carried out, the death penalty is the gravest punishment imposable by law. Although international human rights law does not go so far as prohibiting capital punishment, it encourages states to abolish it or, at minimum, subject it to tight restrictions. It is prohibited to impose the death penalty except for the most serious of crimes, and those sentenced to death should be granted all the guarantees of fair trial stipulated in the International Covenant on Civil and Political Rights, in addition to other international agreements and declarations. The operative laws in Palestine prescribe the death penalty to an excessive degree. The laws in force in the West Bank impose the death penalty for 17 crimes, while those in force in the Gaza Strip impose it for 15 crimes. The PLO Revolutionary Penal Code of 1979, which is applied by the military courts, prescribes capital punishment for 42 crimes. Most of these laws concern crimes that cannot be described as “the gravest of crimes.” In practice, there was a perceptible decrease in the number of death sentences issued during 2003 as compared to previous years. During 2003 one death sentence was issued, and President Arafat did not approve it. On 17 May 2003, the Special Military Court in Gaza sentenced Rani Darwish Khalil Shaqurah, 27, of Jabalya Camp, to death by firing squad after convicting him of deliberately killing Hani ‘Atiyeh Al-Mahoun on 15 April 2003 due to lingering family disputes. The above verdict was issued by a special military court that did not provide the fair trial guarantees as specified by international human rights agreements and the Palestinian Basic Law. The court assigned officers working in the office of the Director of General Security as lawyers, and did not provide them ample opportunity to examine the case file and represent the accused in a suitable fashion. In addition, the case is related to family disputes, or ordinary crimes bearing no relationship to security or military affairs. The regular courts have jurisdiction and authority over review of this type of dispute.1 Continued transfer of cases falling within the jurisdiction of the regular Judiciary to military courts constitutes a serious usurpation of the powers of regular courts, which have original jurisdiction and general authority over review of such crimes. Deaths Resulting from Taking the Law into One’s Own Hands and Misuse of Firearms Taking the law into one’s own hands and misuse of firearms in the PNA territories are considered dangerous social phenomena that threaten the security of citizens and social stability. During previous years, the PNA territories witnessed numerous killings resulting from taking the law into one’s own hands and misuse of firearms. PICCR does not have complete information on the number of those who were

1 See Appendix 3: Letter from PICCR to President Yasser Arafat regarding not approving the death sentence issued against Shaqurah and returning the case to the regular courts.

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killed through these means during 2003. However, PICCR monitored and documented 48 cases of deaths due to these causes in the various Palestinian governorates. The following table displays the cases that PICCR followed up involving killing as a result of taking the law into one’s own hands and misuse of firearms. These cases stemmed from various motives and causes.

No. Name Age Place of Residence Date of Death Background

1 Samir Rifa’i Al-‘Aydi 37 Al-Nusseirat

Camp 15/2/2003

He was killed in Al-Nusseirat Camp after members of the Al-Meidaneh family opened fire on members of the Al-Liddawi family, injuring a number of people and killing the said citizen.

2 Amin Barbakh 27 Khan Younis 16/2/2003

He was killed when he was exposed to gunfire while driving private car. The gunfire came from members of the Al-Akhras family as a result of a family dispute.

3 Yousef Hamdan 36 Khan Younis 16/2/2003

He was killed in the same incident as above, when he was accompanying Amin Barbakh. He did not have any involvement in the dispute between the two families.

4 Adel Ata Abu ‘Alan 40 Al-Dhahiriyeh/

Hebron 21/2/2003

He was killed in the city of Hebron during an argument between the Abu ‘Alan family and the Al-Qeisiyeh family concerning their differences over ownership of a plot of land. The said citizen was hit by a number of bullets and died instantly.

5 Jaber Taha Ghafri 36 Nablus 1/4/2003

He was killed when he was fired upon by Samer Al-Bishtawi following a family argument. The perpetrator turned himself into the Jericho police.

6 Hani Atiyah Al-Mahoun 33 Gaza 17/4/2003

He was killed while leaving his house on his way to work by Rani Darwish Khalil Shaqurah due to a family dispute.

7 Fares Safwat Al-Asi 24 Balata Camp/

Nablus 30/4/2003

He was killed by bullets fired by militants from the Al-Tirawi family following an organizational dispute between them. The security forces did not take any measures to arrest the perpetrators.

8

Khaled Mustafa Muhammad Kamil

37 Qabatiya/ Jenin 17/5/2003

He was transported to the Jenin government hospital, where he was shown to have been hit by a large number of bullets. Thereafter, the Al-Aqsa Martyrs’ Brigade issued a statement claiming responsibility, attributing the killing to his being accused of ethical wrongdoing.

9 Gharib Yousef Jadallah 28 Al-Ein Camp/

Nablus 17/5/2003 He was killed by masked persons for unknown reasons. No party claimed responsibility for the killing.

10 ‘Ala` Far’uniyeh 25 Nablus 18/5/2003 He was killed under the same

circumstances as above.

11 Mahmoud Zayed Al-Issawi

34 Jericho 29/5/2003 He was killed in the Umm Al-Sharayet area of Ramallah in an act of revenge. He died after being hit by a number of bullets.

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No. Name Age Place of Residence Date of Death Background

12

Mahmoud Salameh Muhammad Abu Mandil

25 Al-Maghazi Camp/ Gaza 2/6/2003

He was killed in Tulkarem during an exchange of gunfire between two armed Palestinian groups as he was walking in the southern neighborhood of the city.

13 Abdel Rahim Mansour Al-Sa`eh

33 Nablus 25/6/2003

He was killed when three militants fired upon him due to an old dispute. Although the security agencies know the identities of these militants, they did not take any measures leading to their arrest.

14

Amneh Mahmoud Hamdan Abu Hijleh

36 Nablus 16/7/2003

She was killed after being hit by a stray bullet fired by a member of an armed Palestinian group during an attempt to abduct a citizen.

15

Shuaib Muhammad Ragheb Al-Shakhshir

39 Nablus 17/8/2003

He was killed during an exchange of gunfire between members of the Al-Aqsa Martyrs’ Brigade and two persons who previously abducted and raped a female citizen. The individual killed had no connection with the matter; he was working for one of the persons accused of raping the citizen.

16 Ziyad Abu Hamdan 26 Nablus 17/8/2003 He was killed under the same

circumstances as above.

17 ‘Imad Adel Salman Ishtayeh

32 Salem Village/ Nablus 27/8/2003 He was killed due to a family dispute with

the Jabour family.

18 Saleh Mahmoud Nassar

30 Tulkarem Camp 20/9/2003

He and the following person were members of the Al-Aqsa Martyrs’ Brigades. They were killed as a result of a dispute with other members of the Al-Aqsa Martyrs’ Brigades.

19 Fida` Fathi Al-Tirawi 22 Tulkarem

Camp 20/9/2003 He was killed under the same circumstances as above.

20 Atef Othman Abu Ghanem 30 Gaza 6/10/2003 He was killed by a member of the police

due to a dispute over a car.

21 Abdel Mu’ti Abed 28 Jabalya 2/10/2003

He was killed when he was fired upon due to a personal dispute with a member of the Joudeh family.

22 Zuheir Hamad Abu Daqqa 38 Khan Younis 4/10/2003

He was killed when he was fired upon due to a dispute between members of the same family.

23 Abdel Rahman Hashishou 22 Al-Shati`

Camp 16/10/2003 He was killed accidentally by his friend’s weapon.

24 Ghaleb Al-Faroukh 35 Sa’ir/ Hebron 20/10/2003

He was killed when he was hit by a number of bullets fired by a member of his family following a dispute between them over a plot of land located near the village of Taqou’/Bethlehem.

25 Muhammad Jamil Hourani 50 Tulkarem 23/10/2003

He was killed when citizen M.3.S. fired upon him out of revenge. The individual killed was connected to the killing of the perpetrator’s father by activists of the Fatah Tanzim during the first Intifada.

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No. Name Age Place of Residence Date of Death Background

26 Ahmad Rashdi Abu Hananeh 31 ‘Arana/ Jenin 7/11/2003

He was killed following a family argument with two members of his family working in the police and General Intelligence agencies. The killers were detained by the security forces that they worked for.

27

Ghasan Mahmoud Hindi Al-Tirawi

31 Balata Camp/ Nablus 8/11/2003

He was killed after being hit in the foot by a bullet fired by armed followers of the Al-Aqsa Martyrs’ Brigades due to his refusal to close his shop during the funeral procession of a citizen. Four persons accused in his killing turned themselves in to the Jericho police, but the main suspect was not arrested.

28 Samih Ahmad Abu Baker 56 Ya’bad/ Jenin 14/11/2003

He was killed when he was stabbed with a sharp instrument (a sickle) by a member of his family due to an old family dispute. The killer was detained by the police at the police prison in Jenin.

29 Hamzeh Taleb Qawariq 16 ‘Awarta /

Nablus 15/11/2003

He was killed during an exchange of gunfire between members of the Al-Aqsa Martyrs’ Brigades and the Shalbak family in the Al-Khan area of central Nablus. His family reported that the security forces did not take any measures against the perpetrators.

30 “Ahmad Buraq” Walid Al-Shak’ah

52 Nablus 25/11/2003

He was killed after been exposed to gunfire by unknown militants as he was leaving the car of his brother, the Mayor of Nablus. He, his wife, and his children were in the car.

31 ‘Awad Abdel Latif Al-Abd Abu ‘Awad

56 Birzeit/ Ramallah 6/12/2003

He was killed by a number of knife wounds inflicted out of revenge. The individual killed was responsible for the accidental killing of a citizen from Birzeit three years ago, for which he was sentenced to 12 years in prison.

32 Abdel Hakim Muhammad Al-Za’anin

55 Beit Hanoun/ Gaza 20/11/2003

He was killed due to a family argument between his family and the Al-Basyouni family. The two sides used automatic weapons and among them were members of the Palestinian security forces, who used their commissioned weapons.

33 ‘Awni Muhammad Ghanem Is’eid

29 Al-Maghazi/ Gaza 28/12/2003

He was previously sentenced to death for killing the son of the Safi family and was being detained at the Gaza Reform and Rehabilitation Center. During a family visit to the detainee, the brother of the person he killed, clothed in a police uniform, deceived the police guarding him and entered the visitation area. He opened fire with the rifle in his possession, killing the said citizen instantly in revenge for the killing of his brother.

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No. Name Age Place of Residence Date of Death Background

34 H.Y. 32 Ramallah 13/3/2003

He was killed when Palestinian militants fired upon him due to suspicions of his collaboration with the occupation authorities.

35 'I.M. 32 Nablus 26/4/2003 She was killed by one of her relatives due to suspicions of her collaboration with the occupation authorities.

36 M.H. 50 Salfit 15/3/2003

He was killed when Palestinian militants fired upon him. The Al-Aqsa Martyrs’ Brigades claimed responsibility, attributing his killing to suspicions of his collaboration with the occupation authorities.

37 A.F. 28 Salfit 15/3/2003

The Al-Aqsa Martyrs’ Brigades claimed responsibility for his killing, attributing it to suspicions of his collaboration with the occupation authorities.

38 A.S. 22 Qabatiya 16/3/2003

He was abducted and fired upon by Palestinian militants due to suspicions of his collaboration with the occupation authorities.

39 R.H. 32 Qalqilya 3/5/2003 He was fired upon by Palestinian militants due to suspicions of his collaboration with the occupation authorities.

40 'I.D. 23 Nablus 18/5/2003

The Al-Aqsa Martyrs’ Brigades claimed responsibility for his killing, claiming that he collaborated with the occupation authorities.

41 K.Sh. Ramallah 6/7/2003

He was being held by the police in Ramallah while awaiting trial for crimes of theft. While he was in the court building on the day of the trial, three masked persons forced the police to open the holding area and took him outside. They then fired on him, killing him for suspicion of his collaboration with the occupation authorities.

42 A.Sh. 26 Ramallah 7/8/2003

He was killed when Palestinian militants fired upon him due to suspicions of his collaboration with the occupation authorities.

43 M.I. Ramallah 10/9/2003 He was killed by two armed persons on the claim that he collaborated with the occupation authorities.

44 N.Q. 21 Jenin 29/9/2003

The Al-Aqsa Martyrs’ Brigades claimed responsibility for his killing, attributing the act to suspicion of his collaboration with the occupation authorities.

45 M.F. 22 Tulkarem 23/10/2003 He was killed by Palestinian militants on the claim that he collaborated with the occupation authorities.

46 S.'I. 20 Tulkarem 23/10/2003

He was killed by Palestinian militants on the claim that he collaborated with the occupation authorities.

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No. Name Age Place of Residence Date of Death Background

47 F.N. 37 Jenin 30/11/2003

The Al-Aqsa Martyrs’ Brigades issued a statement claiming responsibility for his killing and stating that it took place after he confessed to collaboration with the occupation authorities. The forensic doctor in the Jenin governorate who examined the body reported that the said citizen had been subjected to torture resulting in his death.

In light of the information above, PICCR deems it essential for the PNA to work earnestly and immediately to halt the phenomenon of taking the law into one’s hands, which endangers the fabric of Palestinian society and citizens’ security. It must also put an immediate stop to the chaos associated with carrying and using firearms. In addition, it must conduct serious, objective investigations into all instances of death resulting from taking the law into one’s own hands and misuse of firearms, publicly disclose investigation findings, and punish those involved and responsible. Further, the PNA is obligated to prohibit any armed Palestinian group from taking punitive measures against persons suspected of collaboration with the occupation authorities outside of the scope of the law and the Judiciary. Deaths resulting from Neglect During 2003 PICCR followed up 25 cases of death for which various official Palestinian parties bore partial responsibility. These cases included 11 deaths by drowning and 14 deaths caused by medical errors or neglect. Deaths resulting from Drowning During 2003 PICCR followed up the following cases death of by drowning: - On 26 June, two children drowned off the coast of Deir Al-Balah: Muhammad Yousef Abu ‘Issa, 11, and Muhammad Muhammad Sarsour, 18, both from Deir Al-Balah. - On 8 August, five members of one family drowned off the coast of Deir Al-Balah: Ashraf Fayez Mashhour, 27; his son Ahmad, 4; and his brothers Muhammad, 22; Ahmad, 20; and Kayed, 16, all of whom were from the city of Rafah. - On 9 August, two citizens drowned off the coast of Deir Al-Balah: Nasser Saleh Musleh, 39, of Al-Bureij Camp, and Hasan Abdel ‘Al Al-Najar, 27, of Khan Younis. - On 11 August, Fatimah Al-Rantisi, 50, of Gaza, drowned off the coast of the Al-Sheikh ‘Ijlin area of Gaza City. - On 26 August, Ahmad Suleiman Abu Khadijeh, 18, of Qalqilya, drowned off the coast of Deir Al-Balah. It is noteworthy that the majority of these drowning incidents occurred in the same coastal area of the Gaza Strip—off the coast of Deir Al-Balah. Information obtained by PICCR shows a clear shortage of rescue squads, as well as necessary first aid facilities, along the length of the Deir Al-Balah shoreline (2.5 km).

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Deaths as a Result of Medical Malpractice and Neglect Some of the deaths resulting from medical neglect that PICCR followed up during 2003 are as follows: - On 8 September, Rabab Muhammad Abdullah Mu’amar, 25, entered the Rafidiyeh government hospital in Nablus after experiencing bleeding during the ninth month of pregnancy. She remained in the hospital for two days. She was then released based on the decision of a specialist physician, who assured her family that she was in good health. Her bleeding resumed the same day that she was released, whereupon she was again transported to the hospital. Immediately afterward, the specialist physician decided to conduct a surgical operation, after assuring her family that this was a simple procedure and did not involve any danger. The citizen died 15 minutes after entering the operating room. The family of the said citizen affirmed, based on information obtained from the hospital, that the cause of death was medical error that occurred during the operation. PICCR sent a letter to the Ministry of Health seeking an explanation of the matter based on the citizen’s complaint, but it had not received any response as of the end of 2003. - PICCR followed up the deaths of three newborns in the nursery of the children’s ward at the Thabet Thabet government hospital in Tulkarem: ‘Awtan Ma`moun Da’meh, died on 25 May 2003; Tamer Nasim Al-Sheikh Yousef, died on 19 July 2003; and Dhoha Iyad Muhammad Hatab, died on 4 September 2003. Information obtained by PICCR shows that all three were infected with bacterium in their blood while in the hospital nursery, which led to their deaths. PICCR sent a letter to the Ministry of Health demanding an investigation into the circumstances surrounding the three children’s deaths. The response from the Ministry of Health stated that the direct cause of death was neonatal sepsis2 in the case of the first child and nosocomial infection3 in the case of the other two. The Ministry’s response did not make mention of formation of committees to investigate the circumstances of the said children’s deaths.4 - On 7 October 2003, the wife of Muhammad Said ‘Oudeh gave birth to quadruplets at Dar Al-Shifa` hospital in Gaza City. Due to their low birth weights, they were placed in the nursery ward. Their father visited them daily, and they were in good health according to the doctors. On 12 October, however, one of them died, and this was followed by the death two others on 15 October and death of the fourth on 17 October. When their father sought an explanation from the hospital administration regarding the cause of death, he was informed that it was due to a virus but received no additional details. The Ministry of Health’s response to a letter from PICCR, which demanded an investigation into the circumstances surrounding the four children’s deaths, reported that the deaths resulted from the children being afflicted with a parasitic microbe that they could not fight off due to their low birth weights. The Ministry’s response did not make mention of the formation of committees to investigate the circumstances surrounding the children’s deaths. - On the same date, 7 October 2003, the wife of Omar Hasan Qasem gave birth to twins at Dar Al-Shifa` hospital during her seventh month of pregnancy, causing them to be placed in the nursery ward. Their father visited them daily, but, on his visit of 12 October, he did not find them there. The hospital administration informed him that they had been transferred to Al-Naser Children’s Hospital, where they died.

2 A medical term that means putrefaction of a newborn child’s blood as a result of the child being infected by bacterial inflammations transferred from the mother before or during childbirth. 3 A medical term that means bacterial inflammations that afflict newborn children as a result of infection contracted in the hospital. 4 See Appendix 1: Response of the Ministry of Health to PICCR’s letter regarding the deaths of the said children.

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In its response to PICCR’s demand for an investigation into the circumstances surrounding the deaths of the two children, the Ministry of Health reported that it formed a medical committee with participation by the forensic doctor and attendance by a public prosecutor. It examined the bodies of the two children and found that the cause of death was a lung inflammation. Information obtained by PICCR shows that no punitive measures were taken, despite affirmation by a responsible medical source working in the same ward that the said children were infected with bacterium in their blood that may have resulted from negligence during childbirth or an infection contracted from one of the hospital workers. In this regard, PICCR affirms that the Ministry of Health must take the necessary steps and measures to prevent the recurrence of such incidents, in addition to conducting impartial, complete investigations into the incidents, disclosing the findings, and holding accountable and punishing those responsible. 2. Violation of the Right to Form Associations The Non-Governmental Organizations and Charities Law no. 1 of 2000 grants citizens the right to form and belong to charitable and civic organizations. Article 1 stipulates: “Palestinians have the right to pursue social, cultural, professional, and scientific activities freely. Among these rights is the right to form and maintain civic associations in compliance with the stipulations of this law.” In accordance with the law’s provisions, the task of registering charitable associations and civic organizations falls within the jurisdiction of the Ministry of the Interior. During 2003 PICCR monitored a number of cases related to violations of the right to form associations committed by official Palestinian parties, even though all the requirements were met as stipulated in the law. - On 2 March 2003, the Ministry of Interior’s office in Hebron rejected the application submitted by Ibrahim Nasser Izreqat to register the “Tafouh Society” for rehabilitating and caring for persons with disabilities. It did so without providing any reasons, even though all the legal requirements for registration had been met. In a response to PICCR’s inquiry to as to why the said association was denied registration, the Ministry of Interior reported that the application was rejected due to a lack of approval by the Ministry of Social Affairs in its capacity as the Ministry with jurisdiction. PICCR wrote to the Ministry of Social Affairs seeking an explanation for its lack of approval, but had not received any response as of the end of 2003. - On 19 June 2003, ‘Ala` Rasl Rashid Ghanem submitted an application to the Ministry of Interior’s office in Tulkarem for registration of a civic association called “Qandil House for Culture and Arts.” As of the end of 2003, he had not received any response to this application, even though he had gone back to the Office of the Interior a number of times. On 7 August 2003, Ibrahim Abdallah Shreim submitted an application to the Ministry of Interior for registration of the association “House of Faith for the Care and Housing of Orphans” in the Qalqilya governorate. As of the end of 2003, he had not received any response to this application. - On 11 August 2003, the Minister of Interior’s office in Jericho rejected an application submitted by Ali Samir ‘Ala for registration of the “Hope Association,” which he heads and which met all the legal requirements. When the said citizen went back to the Ministry of Interior, he was informed that the rejection was due to the Ministry of Social Affairs’ lack of approval for registration of the association. - During 2003 PICCR also followed up a case of precautionary freezing of the accounts of a number of charitable associations. On 24 August 2003, the Palestinian Monetary Authority issued circular no. 113/2003, supporting the decision of the Attorney General (as stated in the circular), requesting that all

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banks operating in Palestine place a precautionary freeze on the accounts of 39 charitable associations in the Gaza governorates: the Islamic Society and its branches and club, the Islamic Piety Society and its branches, the Muslim Young Women’s Society and its branches, the Islamic Assembly and its branches, Al-Nour Charitable Society and its branches, the Student’s Friends Society, the Center of Science and Culture Society, the Zakat Al-Rahma Committee, the Al-Aqsa Charitable Society, and the Charitable Committee for Zaka and Relief. When PICCR went to the Attorney General on 30 August 2003 with regards to this matter, he reported that the decision was taken in accordance with the text of the Penal Procedures Law no. 3 of 2003, and was based on a complaint submitted by the Palestinian security agencies. On 18 November 2003, the Cabinet issued a decision directing the relevant bodies to pay the entitlements owed all individuals and families registered on the lists of the above associations. However, it was subsequently shown that the money released comprised only a small portion of the money being held in the banks operating in Palestine. Further, the Cabinet’s decision did not abolish the decision by the Palestinian Monetary Authority, and the decision placing a precautionary freeze on the said associations’ funds remained in effect as of the end of 2003. In this context, PICCR affirms that the circular issued by the Monetary Authority ordering that the said associations not be allowed to withdrawl their funds from banks was not issued by a body with jurisdiction to do so. The Monetary Authority Law no. 2 of 1997 does not grant this power to the Monetary Authority, and the Penal Procedures Law no. 1 of 2003 does not grant it to the Attorney General. The freezing of the funds of individuals and associations is a precautionary measure over which the courts have jurisdiction based on lawsuits brought before them. Moreover, the precautionary freeze decision is in contravention of the Palestinian Non-Governmental Organizations and Charities Law. Article 41 of this law stipulates that: “it is prohibited to seize the monies of any association or foundation or to close or search its premises or any of its centers or branches except after the issue of an order by the designated judicial body.” Further, the decision infringes upon the rights of thousands of individuals who benefit from the assistance that these associations provide. 3. Violation of the Right to Vote and Stand for Election The 1996 Palestinian Local Authorities’ Election Law no. 5 came into force on 16 December 1996. Article 3 of this law states: “the Minister of Local Government will issue a decision regarding holding free and direct elections to elect the chairs and members of the Palestinian Local Councils and set the date for such elections.” Although the law was promulgated more than seven years ago, local authority elections have not been held. In terms of general elections (presidential and legislative), the status remains the same. Although nearly eight years have passed since the previous general elections, no new elections have been held. As of the end of 2003, no date had been set for conducting elections, whether for local authorities or for the Presidency and Legislative Council. During 2003 PICCR followed up a case involving a decision issued by the President of Al-Azhar University in Gaza City renewing the authority of the university workers’ syndicate elected in 2001, refusing to open the way for the syndicate’s general assembly to re-elect their representatives. This decision was taken on the pretext that the Palestinian territories are beset by difficult circumstances and that there are directives from the PNA President ordering such action. According to the basic staff regulation of Al-Azhar University, the University President does not have the authority to issue such decisions, which fall within the jurisdiction of the General Assembly alone. Moreover, according to the basic staff regulation, elections must be held annually. Further, the University President had previously renewed the syndicate’s mandate during 2002, despite workers’ objection at that time.

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4. Violation of the Right to Fair Legal Procedures The term “arbitrary arrest” encompasses all arrests in which legal procedures are not observed. This includes arrest without a warrant issued by the Attorney General’s Office or the Judiciary; detention for a period exceeding the legal time permissible to a security agency (24 hours according to the Penal Procedures Code Law no. 3 of 2001); or continued detention without presenting the indicted person to the Judiciary. Moreover, arrest of individuals for their opinions, political position, or party affiliation comprises another form of arbitrary arrest known as political detention. Arbitrary detention is regarded as a blatant transgression of the principles of international human rights law and the provisions of the Palestinian Basic Law. During 2003 the Palestinian security agencies arbitrarily arrested at least 64 citizens,5 among them two persons arrested for political reasons. The Palestinian security agencies continued to hold scores of Palestinian citizens arrested in previous years on suspicion of collaboration with the occupation authorities. Information obtained by PICCR shows that there are at least 50 detainees still being held in various Palestinian prisons and detention centers who had not been presented before the courts as of the end of 2003. 5. Violation of Freedom of the Press Violations of freedom of the press were not widespread during 2003; rather, this area saw perceptible improvement as compared to previous years. The most prominent cases that PICCR monitored involving violations of freedom of the press were as follows: - On 6 January 2003, at approximately 2:30 A.M., members of the General Intelligence agency stormed the office of Al-Jazeera satellite channel in Gaza City and arrested journalist Seif Al-Din Shahin, 34, a correspondent for the channel in the Gaza Strip, without displaying an arrest warrant. They then took him to the General Security headquarters in the Al-Sudaniyeh area of the Gaza Strip. Information obtained by PICCR shows that the arrest took place after the said journalist broadcast a telephone interview with a person claiming responsibility by the Al-Aqsa Martyrs’ Brigades for two bombing operations in Israel, which the PNA and Fatah had condemned. The General Intelligence agency wanted to know the source of the telephone conversation with the correspondent. The said journalist was released that same morning. The conduct of the General Intelligence is considered to be in violation of the Palestinian Basic Law, which provides for freedom of the press and media and freedom for press and media professionals. Article 27, paragraph 2 of this law states: “Freedom of audio, visual, and written media, as well as freedom to print, publish, distribute, and transmit, together with the freedom of individuals working in this field, is guaranteed by this Basic Law and other related laws.” Moreover, such conduct is regarded as a violation of the Printing and Publications Law no. 5 of 1995, which provides for freedom of the press and media. As Article 2 of this law states, “free press and printing and freedom of opinion are guaranteed for every Palestinian. Every Palestinian may express his/her opinion freely in the media through speech, writing, photography, and drawing.” PICCR also followed up three cases related to assaults by masked militants on media institutions: - On 2 March 2003, a group of four masked militants stormed the headquarters of Nablus Radio and Television and assaulted the workers, threatening to use weapons. They vandalized television, video, microphone and other equipment, causing the Nablus Radio and Television broadcast to be cut off. 5 This number includes the complaints that PICCR received and followed up in this area.

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- On 13 September 2003, five masked militants stormed the office of Al-Arabiya satellite news channel in Ramallah, threatening to use weapons. They detained three workers in a room, and broke the doors, windowpanes, and computer equipment. One of the news channel’s correspondents reported to PICCR that a few hours prior to the attack, he or she had received threatening phone calls related to news coverage of controversies and deliberations surrounding the formation of the Palestinian Government. - On 14 September 2003, six masked militants stopped a car transporting and distributing Al-Ayyam newspaper as it approached the Eretz checkpoint. The driver was forced to exit the car, and the rest of the issues he was transporting were confiscated. The group fled after informing the driver that they were from the Customs Police and that they had orders to prevent distribution of that newspaper issue in the Gaza Strip. When newspaper officials went to the Customs Police, officials there informed them that they had no knowledge of or connection to the matter. PICCR affirms that such actions violate the freedom of the media and the freedom of opinion and expression provided for under the operative Palestinian laws. The relevant official bodies must investigate such incidents, take the necessary steps to bring them to a halt, and make those responsible accountable.6 Through the end of 2003, the police continued its closure of Al-Risaala newspaper, the mouthpiece of the National Islamic Salvation Party, despite a decision issued by the High Court of Justice on 25 April 2002 ordering the paper’s reopening. The newspaper headquarters has been closed since 18 December 2001. 6. Violation of the Right to Freedom from Mistreatment and Torture Torture of all forms is regarded as a violation of international treaties and conventions related to the treatment of prisoners and detainees, in particular the Convention to Eliminate Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment of 1984. According to the Penal Code in force in the West Bank and the Gaza Strip, torture is a crime punishable by six months to three years imprisonment. During 2003, PICCR received 55 complaints containing allegations of torture and/or mistreatment during interrogation, primarily for the purpose of extracting confessions from those in custody. Despite the gravity of torture and executive branch officials’ repeated declarations prohibiting and criminalizing it, the security agencies possess neither directives sternly prohibiting it nor clear, effective mechanisms for investigating detainees’ complaints of mistreatment or torture. Further, the security agencies’ cooperation with PICCR in following up such complaints remains unsatisfactory. The majority of complaints that PICCR received involving allegations of mistreatment and torture were raised against the Civil Police, especially in the West Bank governorates. One such case that PICCR handled is as follows: - On 7 August 2003, citizen D.G., 17, of Beit ‘Anan/Jerusalem governorate, was arrested by the Al-Dhawahi police in the Jerusalem governorate on suspicion that he bought and stockpiled stolen materials. The police handed him over to the Ramallah prosecutor general, whereupon he was held at the Ramallah Reform and Rehabilitation Center. In a complaint filed with PICCR on 10 August 2003, the said citizen claimed that he was transported from the Ramallah Reform and Rehabilitation Center to another location, where he was beaten and cigarettes were burned on his neck before being returned to the said reform and rehabilitation center. The PICCR researcher observed burns and bruises on the complainant’s body.

6 See Appendix 2: PICCR press release regarding the attack against rights and media institutions in Nablus on 3 March 2003, and PICCR press release regarding the attack against the office of Al-Arabiya satellite channel on 14 September 2003.

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PICCR contacted the Director General of the Reform and Rehabilitation Centers at that time, requesting an investigation into the said citizen’s complaint. The response stated that after the citizen had been detained in the Ramallah Reform and Rehabilitation Center on charges of hoarding stolen monies, he was turned over to the Ramallah police on 9 August 2003, upon the request of the police director in the governorate. At dawn the following day, he was returned to the reform and rehabilitation center, where it became apparent that he had been subjected to beating and mistreatment while at the headquarters of the Ramallah police, as evident from cigarette burns on his body. The response went on to state that the Ramallah Reform and Rehabilitation Center did not have any connection to the matter. Immediately thereafter, PICCR contacted the Minister of Security Affairs demanding that he investigate the said citizen’s complaint and punish those who tortured him. As of the end 2003, however, PICCR had not received any response. 7. Violation of the Right to Health A person’s right to enjoy an acceptable level of health services is among the most important rights. For this reason, it occupies a special place in international conventions, particularly the Universal Declaration of Human Rights issued in 1948. Article 25 of this declaration states: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services . . . .” Further, Article 12 of the International Covenant on Economic, Social, and Cultural Rights issued in 1966 states: “The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.” There are steps that states party to the covenant must take to ensure complete enjoyment of this right, foremost among them “The creation of conditions which would ensure to all the provision of medical service and medical care in the event of sickness.” During 2003 PICCR received 40 complaints related to violations of the right to health. The subjects of these complaints varied and included medical malpractice, failure to provide suitable health care, and failure to provide necessary treatment. The following are two of the complaints that PICCR followed up in this area, selected for their particular importance: A. On 9 April 2003, PICCR received a complaint from patients who receive treatment at the kidney dialysis unit of the Beit Jala government hospital. The said patients suffer from the shortage of blood boosting injections, which they must receive three times per week. Rather than provide the patients with more of these injections, the hospitals gave them prescriptions to purchase them from outside pharmacies at their own expense. This was done even though health insurance would cover these patients, and even though the cost of one injection is 1,560 NIS. Moreover, the hospital lacks a doctor who specializes in kidney dialysis. In following up this complaint, PICCR contacted the Deputy Minister of Health on 20 May 2003. On 14 May 2003, a PICCR delegate visited the kidney dialysis unit at the Beit Jala government hospital to investigate the complaint’s veracity. The delegate met with returning patients, the hospital director, and nurses and came to the following conclusions: 1. The four machines present in the hospital are old and constantly broken down, and their production capacity is equivalent to that of 1.5 machines, according to the estimations of the hospital director. 2. When the machines are broken down, patients are sometimes transferred to the government hospitals in Hebron and Ramallah. They are admitted only after 4:00 P.M., since these hospitals are tied up with prior appointments of patients from these two areas (Hebron and Ramallah). This means that the transfer patients do not return from the Bethlehem area to their homes until the late hours of the night. 3. The number of patients who need kidney dialysis two or more times per week in the Bethlehem governorate fluctuates between 18 and 20. 4. There is not a specialist physician to oversee the kidney dialysis unit. Moreover, the hospital is in need of a number of nurses, as there are only two who are qualified.

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On 20 May 2003, PICCR received a response from the Deputy Minister of Health stating that the hospitals are suffering from a shortage of medicines as a result of prevailing conditions and the inability of companies to maintain supply. Most of the nearly 500 patients suffering from kidney failure in the PNA areas suffer from the low level of health care at government hospitals and medical centers.7 B. On 28 June 2003, PICCR received a complaint from Sahar Saleh Al-Kalhout, 35, of Gaza. The said citizen suffers from cirrhosis and chronic lung failure. The Ministry of Health transferred her to Tel HaShomer hospital in Israel for medical assistance, as it was not possible to treat her except through lung transplants. The said patient subsequently wrote to President Arafat seeking coverage of her treatment expenses after the Ministry of Health refused to transfer her on the pretext that it could not cover these costs. The President issued a decision directing the Ministries of Health and Finance to cover her treatment costs, but she received a response from the Higher Medical Committee of the Ministry of Health recommending that she follow up her treatment locally at Al-Shifa` hospital—even though the necessary treatment is not provided at that hospital. PICCR then wrote to the Ministry of Health seeking an explanation for why the Ministry prevented implementation of President Arafat’s decision ordering coverage of the said citizen’s treatment costs. As of the end of 2003, however, it had not received any response, and the said citizen still needed to be hooked up to a ventilator around the clock. 8. Violation of the Right to Public Employment The right to occupy public employment positions is considered to be a basic right and is guaranteed by international human rights conventions as well as national laws. According to Article 21/2 of the Universal Declaration of Human Rights, “every person has an equal right to hold public office in his country.” According to Article 23 of the same declaration, “every person has the right to work, to choose his work freely, to fair and satisfactory work conditions, and to enjoy protection against unemployment.” The same article stipulates that every person, without discrimination, has the right to equal wages for equal work. This wage must guarantee a suitable and dignified living standard for workers and their families. Article 25/1 of the Palestinian Basic Law states: “Work is a right to every citizen, and it is also a duty and an honor. The Palestinian National Authority shall strive to provide it to any individual capable of performing it.” Article 26/4 of the same law affirms the right “to hold public office in accordance with the principle of equal opportunities.” During 2003 PICCR received 109 complaints related to violations in the sphere of public sector employment by ministries and public institutions. These complaints were varied and included denying citizens the opportunity to compete for public positions, denial of employees’ rights to promotion, cessation of salary, and arbitrary transfer or demotion. PICCR also followed up a number of complaints related to arbitrary dismissal of employees in violation of the law. In some of these cases, the employees resorted to the High Court of Justice, where decisions were issued ordering cancellation of their dismissal. In violation of these court rulings, however, the relevant bodies refused to reinstate the employees in their positions. Some cases of arbitrary dismissal came at the request or recommendation of the security agencies. For example, PICCR received a complaint from citizen M.T. reporting that he had worked since 2000 as an employee in the research office of the Ministry of Environment in Gaza. On 19 March 2003, his work was terminated upon a decision issued by the General Personnel Office without providing any reasons. Immediately thereafter, he complained about the decision to the Minister of Environment, who then contacted the General Personnel Office requesting the citizen’s reinstatement in view of the

7 For more information, see the special report entitled: The Suffering of Kidney Failure Patients in the PNA Areas (Ramallah: PICCR, 2003).

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ministry’s need for him, but to no avail. The said citizen then turned to the General Personnel Office, seeking an explanation for why his work was terminated. He was informed orally that the termination was based upon the recommendation of the security bodies. As of the end of 2003, the citizen was still unable to resume work. He does not know why this measure was taken against him given that he has the approval of the institutions’ security in the General Intelligence agency. In most instances, appointments to public positions do not comply with the requirement for fair competition or the principle of equal opportunity. A large portion of the appointments to government positions during 2003 were made based on considerations of patronage and favoritism. Openings for positions were not advertised, and citizens were thus denied the opportunity to compete for them fairly. These appointments were particularly apparent in the judicial circuit. 9. Recommendations In conclusion, PICCR affirms the importance of adopting the following recommendations: 1. The death penalty must be abolished in all operative laws. Until that is achieved, PICCR calls on the PNA President not to approve death sentences issued by the courts in previous years, especially those issued by state security courts and military courts. 2. The executive branch should investigate all instances of killing resulting from taking the law into one’s own hands, security lapses, and misuse of firearms. It should do so by forming credible investigative committees composed of persons of recognized expertise, integrity, and independence. The Judiciary should assume its role in prosecuting and punishing those responsible so as to stop the spread of these phenomena, which endanger the security of citizens and stability of society. These measures should take place alongside work, at the fastest pace possible, to curtail the chaos of using and carrying firearms and to impose deterrent penalties on violators. 3. The relevant official bodies should take sufficient steps and measures to prevent deaths caused by medical neglect or error. The Office of the Attorney General should carry out its duty to investigate deaths, especially those occurring in government hospitals. 4. The right of individuals to form and register charitable associations should be respected. No punitive measures should be taken against associations except in accord with legal statutes. 5. Municipal elections should be expedited in accordance with the Local Authorities Elections Law. In addition, preparations for general elections to the PLC and the presidency should be completed quickly so that these elections may be held when conditions allow. 6. All forms of arbitrary arrest should be stopped. 7. There should be respect for freedom of opinion, expression, and the press. No measures should be taken against journalists or the press, except via the Judiciary and appropriate courts. In addition, there should be investigations into the assaults by masked militants on journalists and media headquarters, and perpetrators should be punished. 8. Torture and mistreatment should be prohibited in prisons and detention centers, and violators should be punished. 9. Public employees, whether in civil ministries or security agencies, should stay within the bounds of their legally approved powers and not use these powers arbitrarily. PICCR affirms the necessity of respecting judicial rulings and implementing them as soon as they are issued without bargaining, evasion, or delay.

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CHAPTER 3 ACTIVITIES PROMOTING CITIZENS’ RIGHTS

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Section One: Handling Grievances/Cases

Introduction This section focuses on the results of following up grievances related to violations of Palestinian citizens’ rights by the Palestinian Executive branch agencies and institutions during 2003. These violations are classified according to the party or parties responsible for committing them, through their actions or inaction, as well as according to the type of right that was violated. The data presented in this section demonstrates that the Palestinian Executive branch violated various types of rights, from civil rights—foremost among them the right to life and personal safety—to economic and social rights. The information in this section helps provide a general overview of the status of Palestinian citizens’ rights during 2003. The emergent picture reveals which parties were most culpable of rights violations, as well as which parties were most or least cooperative with PICCR in its efforts to find fair solutions to grievances.

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1. Types of Grievances Followed up by PICCR The results of grievance follow-up are an important indicator of the status of citizens’ rights and freedoms in the PNA territories. From the number and nature of the violations that PICCR monitors and follows up annually, a general picture emerges of the rights violated, the parties committing violations, the extent of these parties’ cooperation in stopping violations and punishing perpetrators, and the extent of relevant official parties’ commitment to respecting citizens’ rights and taking the principle of the rule of law seriously. The grievances that PICCR handles vary, but all fall within the general realm of poor administration in cases where two conditions prevail: 1. Poor administration leads to the violation of the complainant’s rights. 2. The party that is the source of the complaint is a government institution or public or semi-public authority. Some examples of the grievances/cases handled by PICCR include the following: 1. Cases related to the security agencies: Such grievances include arrest and detention without following legal procedures, cases of torture and mistreatment during imprisonment, death occurring in prisons and detention centers, delay in bringing a detainee to trial or in bringing charges against a detainee, denial of family visits to detainees, and house search without a legal warrant. 2. Cases related to appointment and hiring that do not adhere to sound legal procedures or do not safeguard the principles of equity and fairness, in addition to cases of arbitrary dismissal from public service; denial of employees’ rights related to promotion, tenure, and financial entitlements; and pensioning off employees before they have reached the legal age. 3. The Executive branch’s negligence in providing legally stipulated services, such as the right to education, housing, and health. 4. Discrimination in applying the law based on sex, religion, ethnicity, race, or political affiliation. 5. The exploitation of office and arbitrary use of authority. 6. Failure of public authorities to fulfill their legal obligations in providing services to citizens, or unjustifiable delay in accomplishing tasks. 7. Violation of citizens’ fundamental freedoms by any of the Authority’s security or civilian agencies. 8. Failure to explain decisions clearly, delay in executing decisions, improper enforcement of the law, provision of false or misleading information, and failure to inform individuals of their rights to object, appeal, or seek redress of grievances. 9. Interference in the powers of the Judiciary or non-compliance with its orders. 10. The Executive branch’s transgression of citizens’ property. 11. Assaults on the right to life resulting from the misuse of firearms, the death penalty, or negligence. Types of Grievances Falling Outside PICCR’s Mandate PICCR does not follow up complaints of the following variety: 1. Cases before the courts or arbitration boards. 2. Complaints related to the provision of humanitarian aid. 3. Complaints related to disputes between individuals or private organizations. 4. Complaints related to the Israeli violation of Palestinian citizens’ rights. When PICCR receives a complaint that falls outside its jurisdiction, it provides advice and counsel to the complainant and directs him or her to the appropriate bodies with which to handle the complaint.

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2. Procedure for Handling Grievances During 2003 PICCR made some changes to the procedure for handling grievances that had been in place for a number of years. The most important changes made were the following: 1. Increased frequency in visits by lawyers in the complaints department to the bodies that are the source of the complaints for the purpose of discussing the complaints and working toward their resolution. Usually, these visits are to higher-level officials in the administrative hierarchy of the relevant institutions or to officials in the legal affairs offices, when such offices exist. 2. Contacting the higher administrative levels of the body that is the source of the complaint directly, rather than going through lower administrative levels first. 3. Hosting officials from the relevant public institutions and agencies at the PICCR headquarters and examining citizens’ complaints with them. PICCR has found that this helps deepen the understanding that these officials have of PICCR’s role and the importance of its work in the service of citizens. PICCR adheres to the following procedure in processing citizens’ grievances: Step One: Admissibility PICCR carries out an investigation in order to ascertain that the complaint falls within its jurisdiction, both in terms of the party that is the source of the complaint and the issue at hand. It also obtains the necessary information and documents. Upon scrutinizing the allegations, information, and documents, it is able to arrive at one of the following conclusions: - PICCR does not have jurisdiction over the complaint. - There is no case of poor administration. - There is a case of poor administration, but it has not compromised the complainant’s rights. In these two cases, PICCR does not follow up the complaint. - There is a case of poor administration that has compromised the complainant’s rights (in which case, PICCR proceeds to the second step). Step Two: Correspondence with the Responsible Party PICCR corresponds with the official directly responsible for the party that is the source of the complaint or with the top of the administrative hierarchy. Through this correspondence, PICCR seeks information necessary to verify the accuracy of the complainant’s allegation, investigates the allegations, and, if there is decisive evidence of a violation (such as in the detention of a citizen in violation of legal procedures), requests that the official take appropriate measures (by, for example, requesting that a specific security agency discontinue violations against a citizen during arrest or detention). PICCR waits three to four weeks for a response to its letters. A number of things may occur during this period: 1. No receipt of any response, in which case PICCR sends a reminder to the same official contacted previously. 2. PICCR receives a convincing response that answers all of its inquiries. In this case, PICCR contacts the complainant, informs him or her of the party’s response, and sends him or her a copy of the response itself. 3. PICCR receives an incomplete response that fails to answer all of its inquiries. In this case, PICCR follows up the concerns that the response did not address.

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Step Three: Contacting a Higher Official 1. Should PICCR receive no response to its letters (either the initial inquiry or the reminder letter), it proceeds to contact a higher-level party in the administrative hierarchy. 2. PICCR waits three to four weeks and then takes one of the following measures: - It contacts the higher-ranking administrative party and schedules a meeting with a PICCR lawyer, the Director General, or the Commissioner General in order to deal with the complaint or related complaints. - It issues a press release declaring PICCR’s position on the matter. - It brings the complaint to the Judiciary, especially in public cases involving a wide sector of citizens. Step Four: Closure of Cases PICCR closes complaints as follows: 1. The complaint is closed with satisfactory results: This occurs when the contacted party cooperates with PICCR to resolve the problem or remedy the violation that is the subject of the complaint. 2. The complaint is closed without satisfactory results: This occurs when the contacted party cooperates with PICCR, but the cooperation is deficient in some way. In the end, such a shortcoming results in the party denying that a violation took place or failing to do what is necessary to resolve it. 3. The complaint is closed due to lack of cooperation: This means that PICCR closed the case after exhausting all the aforementioned procedures, including writing letters, calling, and other means of communication, without arriving at a satisfactory outcome. - Complaints related to political detainees remain open until the detainee is released or a verdict is issued in the case. - PICCR prepares an annual report on the complaints that it handles and the results of these efforts. 3. Tally of Complaints and Reponses 1. PICCR tallies the number of complaints on the basis of the number of complainants. 2. Public complaints involving a number of citizens are treated as one complaint. 3. The number of bodies or parties criticized in the complaint has no effect on the number of complaints counted in the final tally. 4. The tally of responses is computed in the same manner as complaints. The number of responses is calculated by the number of complainants whose names appear in the response. 4. Complaints Handled during 2003 A. During 2003 PICCR handled 608 new complaints, 101 of which were set aside for various reasons. The most important of these reasons were: a lack of follow-up at the request of the complainant, PICCR not being convinced that a violation occurred, the complaint pending before a specialized judicial body, the complainant not exhausting all available internal means of complaint, the complaint falling outside of PICCR’s mandate, release of the citizen in the case of arbitrary detention, and non-identification of the party that committed the violation, particularly in cases of death or killing under ambiguous circumstances. Thus, PICCR followed up only 507 of the 608 complaints received during 2003. It also

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continued to handle 154 complaints from the previous year, 41 of which were set aside for the aforementioned reasons, whereas the rest of the complaints were closed.1 B. Among the new complaints handled by PICCR during 2003, 321 of a total of 507 were closed (63 percent), and 186 remained open. C. In handling cases during 2003, PICCR sent 772 letters to various agencies and received 273 replies. D. During 2003 PICCR made 134 visits to Palestinian prisons and detention centers. Table 1 shows the number of complaints that PICCR received during 2003, distributed by month and between the Gaza Strip and West Bank.

1 The complaints carried over from 2002 are not included in the tally of complaints handled in 2003 (see Table 4 on the handling of cases that were carried over).

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Table 1 Complaints that PICCR Received between 1 January and 31 December 2003

Month Jan. Feb. March April May June July Aug. Sept. Oct. Nov. Dec. Total

Number of complaints 41 36 55 60 60 52 53 49 56 56 48 42 608

To the office directly 6 7 25 18 18 15 17 21 18 12 16 8 181

Through the field

researchers 35 29 30 42 42 37 36 28 38 44 32 34 427

Complaints in the West Bank 33 30 38 45 49 36 37 37 42 44 41 30 462 To the office

directly 4 5 20 11 12 13 11 17 15 10 14 8 140 Through the

field researchers

29 25 18 34 37 23 26 20 27 34 27 22 322

Complaints in the Gaza Strip 8 6 17 15 11 16 16 12 14 12 7 12 146 To the office

directly 2 2 5 7 6 2 6 4 3 2 2 0 41 Through the

field researchers

6 4 12 8 5 14 10 8 11 10 5 12 105

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5. Distribution of Grievances among Parties that were the Source of Complaint during 2003 The complaints that PICCR handled were distributed among civil and security agencies. The civil agencies included: the Cabinet; Ministries; the Office of the Attorney General; local authorities; and public authorities and institutions. A total of 338 complaints were lodged against civil agencies, representing 66.7 percent of the 507 complaints handled. Of these, 217 were closed and 121 remained open. The security agencies included: Preventive Security, General Intelligence, Military Intelligence, National Security, the police, the Presidential Guard (Force 17), and the Administration and Control Commission. A total of 169 complaints were lodged against security agencies, representing 33.3 percent of all complaints. Of these, 104 complaints were closed and 65 remained open. I. The Civil Agencies: A. The Ministries In 2003, PICCR handled a total of 229 complaints with different ministries. These represented 45 percent of the total 507 grievances. Ministry of Health PICCR handled 56 grievances with the Ministry of Health. Of these, 33 remained open and 23 were closed as follows: - 19 complaints (83%): closed with cooperation and with satisfactory results. - 3 complaints (13%): closed with cooperation but without satisfactory results. - 1 complaint (4%): closed due to lack of cooperation. The complaints that PICCR handled with the Ministry of Health centered around responsibility for medical malpractice, death in hospitals, failure to receive medical services, the low level of medical services, failure to carry out decisions and directives issued by the PNA President regarding coverage of medical treatment or transfer of patients outside of PNA areas for treatment, conditions at hospitals, the shortage of medicines, and reports issued by the ministry’s medical committees. PICCR also handled cases related to the rights and entitlements of employees, such as tenure, retirement, salary deductions as a result of missed work, payment of financial entitlements, and dismissal. Ministry of Education and Higher Education PICCR handled 34 grievances with the Ministry of Education and Higher Education. Of these, 13 remained open and 21 were closed as follows: - 11 complaints (52%): closed with cooperation and with satisfactory results. - 9 complaints (43%): closed due to lack of cooperation. - 1 complaint (5%): closed with cooperation but without satisfactory results. The complaints that PICCR handled with the Ministry of Education and Higher Education centered around cases related to forgiveness or reduction of university fees due to the current circumstances, and transfer of educators to schools near their places of residence because they were unable to reach their previous schools due to military checkpoints. In the Nablus governorate, for example, PICCR received a number of complaints from educators demanding that the Ministry of Education and Higher Education transfer them to workplaces closer to their places of residence, thereby enabling them to reach their schools regularly. There were also complaints related to academic degrees equivalence and tallying credit hours. Moreover, PICCR followed up complaints related to Ministry employees concerning forced retirement, vacations, arbitrary dismissal, promotion, hiring, failure to implement High Court of Justice rulings, the freezing of academic programs, and grants and aid for students studying outside of the country, as well as complaints lodged by citizens with disabilities.

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Ministry of Social Affairs PICCR handled 26 grievances with the Ministry of Social Affairs. Of these, 3 remained open and 23 were closed as follows: - 19 complaints (83%): closed with cooperation and with satisfactory results. - 1 complaint (4%): closed with cooperation but without satisfactory results. - 3 complaints (13%): closed due to lack of cooperation. The complaints that PICCR handled with the Ministry of Social Affairs revolved around citizens’ rights to social security, monetary and material assistance (such as wheelchairs for the mobility-disabled), coverage for health insurance costs, not treating some cases as martyrs, exposure of some inmates in Social Affairs’ institutions to beatings, and disbursement of martyrs’ allocations. As in previous years, the Ministry was clearly cooperative with PICCR during 2003. Ministry of Interior PICCR handled 18 grievances with the Ministry of Interior. Of these, 6 remained open and 12 were closed as follows: - 7 complaints (58%): closed with cooperation and with satisfactory results. - 1 complaint (9%): closed with cooperation but without satisfactory results. - 4 complaints (33%): closed due to lack of cooperation. The complaints that PICCR handled with the Ministry of Interior centered around obtaining identity cards and family reunification cards, the procedures of which became complicated during and because of the Al-Aqsa Intifada, as well as cases involving the lack of registration of associations or excessive delay in such registration. In addition, it followed up a number of complaints filed against the security agencies under the Ministry of Interior’s supervision, in particular the complaints of those detained by the Palestinian security agencies without referral to the relevant judicial authorities. Ministry of Local Government PICCR handled 16 grievances with the Ministry of Local Government. Of these, 4 remained open and 12 were closed as follows: - 4 complaints (33%): closed with cooperation and with satisfactory results. - 7 complaints (58%): closed due to lack of cooperation. - 1 complaint (9%): closed with cooperation but without satisfactory results. The complaints that PICCR handled with the Ministry of Local Government centered around the conditions of infrastructure, the demand for compensation for land expropriated for the purpose of separation wall construction, the demand for a change in the members of local authority councils, the demand for electric and water services, amendments to construction plans, and issues related to tenders for construction permits, and garbage dumps. Ministry of Public Works and Housing PICCR handled 12 grievances with the Ministry of Public Works and Housing. Of these, 2 remained open and 10 were closed as follows: - 8 complaints (80%): closed with cooperation and with satisfactory results. - 2 complaints (20%): closed due to lack of cooperation.

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The complaints that PICCR handled with the Ministry of Public Works and Housing centered around citizens’ demand that damages to private property caused by the occupation forces be repaired and streets located outside of local authority borders be paved. Ministry of Finance PICCR handled 13 grievances with the Ministry of Finance. Of these, 4 remained open and 9 were closed as follows: - 8 complaints (89%): closed with cooperation and with satisfactory results. - 1 complaint (11%): closed due to lack of cooperation. The complaints that PICCR handled with the Ministry of Finance centered around coverage of medical treatment expenses approved by President Arafat, as well as issues related to civil retirement. Ministry of Justice PICCR handled 7 grievances with the Ministry of Justice. Of these, 5 remained open and 2 were closed as follows: - 1 complaint (50%): closed with cooperation and with satisfactory results. - 1 complaint (50%): closed due to lack of cooperation. The complaints that PICCR handled with the Ministry of Justice centered around failure to implement court rulings, as well as problems that citizens face when selling their land (repeated selling), lack of employee tenure, and cases related to hiring in the Office of the Attorney General. Ministry of Energy PICCR handled 6 grievances with the Ministry of Energy. Of these, 1 remained open and 5 were closed as follows: - 4 complaints (80%): closed with cooperation and with satisfactory results. - 1 complaint (20%): closed due to lack of cooperation. The complaints that PICCR handled with the Ministry of Energy centered around issues related to electricity service. B. Local Authorities and Public Institutions During 2003 PICCR handled a total of 101 complaints lodged against local authorities and public institutions, representing 20 percent of all complaints handled. Local Authorities PICCR handled 31 grievances with various local authorities. Of these, 7 remained open and 24 were closed as follows: - 18 complaints (75%): closed with cooperation and with satisfactory results. - 2 complaints (8%): closed with cooperation but without satisfactory results. - 4 complaints (17%): closed due to lack of cooperation. The complaints that PICCR handled with local authorities varied. The majority centered on the demand that the local authority provide a public service, such as connecting an electric line, paving a street,

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removing a health hazard, or draining rainwater. In addition, there were some complaints concerning planning and construction, as well as arbitrary dismissal of employees. General Personnel Office PICCR handled 30 grievances with the General Personnel Office. Of these, 30 remained open and 15 were closed as follows: - 13 complaints (87%): closed with cooperation and with satisfactory results. - 1 complaint (6.5%): closed with cooperation but without satisfactory results. - 1 complaint (6.5%): closed due to lack of cooperation. The complaints that PICCR handled with the General Personnel Office centered around dismissal of employees from public service; employees’ demand for their employment rights, such as promotion and tenure; the tallying of years of former experience; entitlement to rank; retroactive calculation of allowances; dismissal from service; and hiring discrimination. Some complaints handled by PICCR concerned the General Personnel Offices fulfillment of a recommendation by security authorities that an employee be dismissed or stopped from working. Universities PICCR handled 8 grievances with Palestinian universities. Of these, 2 remained open and 6 were closed as follows: - 4 complaints (66.5%): closed with cooperation and with satisfactory results. - 2 complaints (33.5%): closed due to lack of cooperation. The complaints that PICCR handled with universities centered around forgiveness or reduction of university fees and failure to obtain official documents. C. Office of the Attorney General PICCR handled 8 grievances with the Office of the Attorney General. Of these, 2 remained open and 6 were closed as follows: - 1 complaint (16.5%): closed with cooperation and with satisfactory results. - 5 complaints (83.5%): closed due to lack of cooperation. The complaints that PICCR handled with the Office of the Attorney General this year were less than in previous years, essentially due to the reduction in the number of arrestees and detainees by the security agencies as a result of the destruction of their headquarters and the prisons and detention centers by the Israeli occupation forces. The complaints that PICCR handled with the Office of the Attorney General centered around security agencies’ detention of citizens without following legal procedures. In addition, there were complaints related to deaths of citizens under ambiguous circumstances. PICCR also followed up some complaints concerning allegations of mistreatment or torture in prisons and detention centers. Clearly, the Office of the Attorney General was not sufficiently cooperative in addressing the cases handled by PICCR. II. Security Agencies: In 2003, PICCR handled a total of 169 complaints with different security agencies, representing 33.3 percent of all grievances handled. These complaints were distributed among the various security agencies as follows:

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Civil Police/West Bank PICCR handled 90 grievances with the Civil Police in the West Bank. Of these, 29 remained open and 61 were closed as follows: - 40 complaints (44%): closed with cooperation and with satisfactory results. - 13 complaints (21%): closed due to lack of cooperation. - 8 complaints (13%): closed with cooperation but without satisfactory results. The complaints that PICCR handled with the Civil Police revolved around mistreatment and torture, especially by the departments in charge of combating narcotics and criminal investigation. There were also complaints related to arbitrary detention, arbitrary use of authority, and failure to pay employees’ financial entitlements. Further, there were complaints concerning the unsuitability of police detention centers, as well as the low level of health care and food provided to inmates. Military Intelligence PICCR handled 15 grievances with the Military Intelligence Agency. Of these, 14 remained open and 1 was closed without cooperation from the agency. At the end of this year, a PICCR representative was permitted to visit one of the said agency’s detention centers in Gaza for the first time. The complaints related to this agency revolved around the detention of citizens for long periods without legal procedures, and on some occasions with mistreatment. They also revolved around the prohibition of family visits to detainees or of detainees contacting the outside world for long periods, sometimes lasting a number of months. Clearly, the officials of the said agency are not eager to cooperate with PICCR in following up complaints. Preventive Security/Gaza Strip PICCR handled 14 grievances with the Preventive Security agency. Of these, 4 remained open and 10 were closed as follows: - 7 complaints (70%): closed with cooperation and with satisfactory results. - 1 complaint (10%): closed with cooperation but without satisfactory results. - 2 complaints (20%): closed due to lack of cooperation. The complaints that PICCR handled with the Preventive Security agency in the Gaza Strip centered around arbitrary detention. In addition, there were complaints related to stopping employees from working and instructing the General Personnel Office to do so. Civil Police/Gaza Strip PICCR handled 11 grievances with the Civil Police in the Gaza Strip. Of these, 3 remained open and 8 were closed as follows: - 6 complaints (75%): closed with cooperation and with satisfactory results. - 2 complaints (25%): closed with cooperation but without satisfactory results. The complaints that PICCR handled with the Civil Police in the Gaza Strip revolved around mistreatment or torture, in addition to complaints related to arbitrary detention, without arrest warrant or charges.

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General Intelligence/Gaza Strip PICCR handled 11 grievances with the General Intelligence agency in the Gaza Strip. Of these, 3 remained open and 8 were closed as follows: - 5 complaints (62.5%): closed with cooperation and with satisfactory results. - 3 complaints (37.5%): closed due to lack of cooperation. The complaints that PICCR handled with the General Intelligence agency in the Gaza Strip revolved around arbitrary detention, such as detention without arrest warrants or charges. There were also complaints related to torture and mistreatment during custody. General Intelligence/West Bank PICCR handled 11 grievances with the General Intelligence Agency in the West Bank. Of these, 5 remained open and 6 were closed with cooperation and with satisfactory results. The complaints that PICCR handled with the General Intelligence Agency in the West Bank revolved around arbitrary detention, such as detention without arrest warrants and charges. There were also complaints related to torture and mistreatment during arrest and suspension from work. General Security Directorates PICCR handled 8 grievances with the General Security Directorates. Of these, 3 remained open and 5 were closed as follows: - 2 complaints (40%): closed with cooperation and with satisfactory results. - 3 complaints (60%): closed due to lack of cooperation. The complaints that PICCR handled with the General Security Directorates revolved around arbitrary detention by National Security, as well as mistreatment or torture of detainees by the various security agencies. Preventive Security/West Bank PICCR handled 6 grievances with the Preventive Security agency in the West Bank. Of these, 4 remained open and 2 were closed with the cooperation of the agency and with satisfactory results. The complaints that PICCR handled with the Preventive Security Agency in the West Bank revolved around cases of arbitrary detention, such as detention without arrest warrants and charges. There were also complaints involving failure to refer the detainee to the Office of the Attorney General or the Judiciary, as well as mistreatment or torture during custody. Table 2 shows complaints handled by PICCR during 2003, distributed according to the primary parties or authorities investigated. Table 3 shows complaints distributed according to the secondary parties or authorities investigated.

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Table 2 Complaints Received and Handled by PICCR during 2003, Categorized by Primary Agency

Investigated

No. of Cases Case Status

Total West Bank Gaza Open Closed

1 Closed

2 Closed2

3 A. Ministries 1 Ministry of Health 56 44 12 33 1 19 3

2 Ministry of Education and Higher Education 34 31 3 13 9 11 1

3 Ministry of Social Affairs 26 23 3 3 3 19 1

4 Ministry of Interior/ Governorates 22 19 3 6 4 11 1

a. Ministry of Interior 18 16 2 6 4 7 1 b. Governorates 4 3 1 0 0 4 0

5 Ministry of Local Government 16 16 0 4 7 4 1

6 Ministry of Finance 13 12 1 4 1 8 0

7 Ministry of Pubic Works and Housing 12 11 1 2 2 8 0

8 Ministry of Justice 7 7 0 5 1 1 0 9 Ministry of Energy 6 0 6 1 1 4 0

10 Ministry of Prisoners' Affairs 6 6 0 1 1 4 0

11 Ministry of Transportation 5 4 1 2 1 2 0

12 Ministry of Labor 4 3 1 0 2 2 0 13 Ministry of Agriculture 4 3 1 2 0 2 0

14 Ministry of Post and Telecommunications 4 3 1 3 0 1 0

15 The Cabinet 4 4 0 3 1 0 0 16 Ministry of Waqf 3 3 0 2 1 0 0 17 Ministry of Tourism 2 2 0 0 0 2 0

18 Ministry of Youth and Sport 2 1 1 2 0 0 0

19 Ministry of Economy 1 1 0 0 0 1 0 20 Ministry of Civil Affairs 1 1 0 1 0 0 0

21 Ministry of Planning

and International Cooperation

1 1 0 0 0 1 0

Total 229 195 34 87 35 100 7

B. Public Institutions and Authorities

1 Local Authorities Hebron Municipality 3 3 0 0 1 2 0 Gaza Municipality 3 0 3 1 0 1 1

2 Open: The complaint remained open. Closed 1: The complaint was closed due to lack of cooperation from the relevant party. Closed 2: The complaint was closed with cooperation from the relevant party and with satisfactory results. Closed 3: The complaint was closed with cooperation from the relevant party but without satisfactory results.

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No. of Cases Case Status

Total West Bank Gaza Open Closed

1 Closed

2 Closed2

3

Khan Younis Municipality 3 0 3 0 0 3 0

Nusseirat Municipality 2 0 2 0 0 2 0 Nablus Municipality 2 2 0 1 0 1 0 Al-Bireh Municipality 2 2 0 0 0 2 0 Ramallah Municipality 2 2 0 1 0 1 0 Jenin Municipality 2 2 0 0 1 1 0

Deir Al-Balah Municipality 2 0 2 0 0 2 0

Jabalya Municipality 1 0 1 0 0 1 0

Abasan Al - Kabireh Municipality 1 0 1 1 0 0 0

Wadi Al-Salqa Village Council 1 0 1 0 1 0 0

Bethlehem Municipality 1 1 0 0 1 0 0 Beit Jala Municipality 1 1 0 0 0 1 0 Beit Sahour Municipality 1 1 0 0 0 1 0 Ya’bad Municipality 1 1 0 1 0 0 0 Salfit Municipality 1 1 0 0 0 0 1 Sabastia Municipality 1 1 0 0 0 1 0 ‘Attil Municipality 1 1 0 1 0 0 0 Dura Municipality 1 1 0 1 0 0 0 Yatta Municipality 1 1 0 1 0 0 0 Al - Ram Local Council 1 1 0 0 0 1 0

2 General Personnel Office 30 8 22 15 1 13 1

3 Universities 8 6 2 2 2 4 0 4 Water Authority 5 5 0 2 2 1 0 5 UNRWA 4 4 0 0 2 2 0

6 Jerusalem Electric Company 4 4 0 1 2 1 0

7 Monetary Authority 3 2 1 3 0 0 0

8 Environmental Quality Authority 3 3 0 0 2 1 0

9 Gaza Electric Company 1 0 1 0 0 1 0 10 Land Authority 1 0 1 0 1 0 0

11 General Commission for Insurance and Pensions 1 0 1 1 0 0 0

12 Palestinian Workers’ Union 1 1 0 0 0 1 0

13 Palestinian Prisoner’s Club 1 1 0 0 0 1 0

14 Jerusalem Governorate Water Utility 1 0 1 0 0 1 0

15 High Judiciary Council 1 1 0 0 0 1 0

16 Palestinian Legislative Council 1 1 0 0 0 1 0

17 Palestinian Medical Board 1 1 0 0 0 1 0

18 Palestinian Economic

Council for Development and

1 1 0 0 0 1 0

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No. of Cases Case Status

Total West Bank Gaza Open Closed

1 Closed

2 Closed2

3 Reconstruction

(PECDAR) Total 101 59 42 32 16 50 3

C. Office of the Attorney General 8 5 3 2 5 1 0

D. Security Agencies 1 Civil Police – West Bank 90 90 0 29 13 40 8 2 Military Intelligence 15 0 15 14 1 0 0

3 Preventive Security – Gaza 14 0 14 4 2 7 1

4 Civil Police – Gaza 11 0 11 3 0 6 2

5 General Intelligence – West Bank 11 11 0 5 0 6 0

6 General Intelligence – Gaza 11 0 11 3 3 5 0

7 General Security Directorates 8 4 4 3 3 2 0

8 Preventive Security – West Bank 6 6 0 4 0 2 0

9 Force 17 2 0 2 0 0 0 2

10 Administration and Control Commission 1 1 0 0 1 0 0

Total 169 112 57 65 23 68 13

TOTAL 507 371 136 186 79 219 23

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Table 3 Complaints Received and Handled by PICCR during 2003, Categorized by Secondary Agency

Investigated*

No. of Cases Case Status

Total West Bank Gaza Open Closed

1 Closed

2 Closed

3 A. Ministries 1 The Cabinet 5 5 0 0 5 0 0 2 Ministry of Finance 3 3 0 2 0 1 0

3 Ministry of Education and Higher Education 2 1 1 0 1 1 0

4 Ministry of Social Affairs 2 2 0 0 2 0 0

5 Ministry of Agriculture 1 0 1 0 0 0 1 6 Ministry of Interior 1 0 1 0 0 0 1 Total 14 11 3 2 8 2 2

B. Public Institutions and Commissions

1 General Personnel Office 5 3 2 3 2 0 0

2 Gaza Electric Company 1 0 1 0 0 1 0

3 Radio and Television Authority 1 1 0 1 0 0 0

Total 7 4 3 4 2 1 0

C. Office of the Attorney General 10 7 3 1 8 1 0

D. Security Agencies

1 Military Medical Services 3 3 0 0 0 3 0

2 Civil Police 1 1 0 0 0 1 0

3 General Intelligence – West Bank 1 1 0 0 0 1 0

4 General Intelligence – Gaza 1 0 1 0 0 0 1

Total 6 5 1 0 0 5 1

TOTAL 37 27 30 7 18 9 3 * Note: The numbers in this table are not included in the other casework tallies.

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Table 4 Complaints Received during 2002 and Handled during 2003

No. of Cases Case Status

Total West Bank Gaza Open Closed

1 Closed

2 Closed

3 A. Ministries 1 Ministry of Health 12 12 0 0 2 9 1

2 Ministry of Education and Higher Education 5 4 1 0 4 1 0

3 Ministry of Public Works and Housing 5 5 0 0 3 2 0

4 Ministry of Finance 4 3 1 0 0 3 1 5 Ministry of Interior 3 2 1 0 0 3 0

6 Ministry of Social Affairs 2 2 0 0 0 2 0

7 Ministry of Waqf 2 1 1 0 0 2 0

8 Ministry of the Environment 2 2 0 0 0 2 0

9 Ministry of Planning

and International Cooperation

1 0 1 0 1 0 0

10 Ministry of Agriculture 1 1 0 0 0 1 0

11 Ministry of Transportation 1 1 0 0 0 1 0

12 Ministry of Justice 1 1 0 0 1 0 0

13 Ministry of Youth and Sport 1 1 0 0 0 1 0

14 Ministry of Tourism 1 1 0 0 0 1 0 15 Ministry of Culture 1 1 0 0 1 0 0

Total 42 37 5 0 12 28 2

B. Public Institutions and Commissions

1 General Personnel Office 3 1 2 0 0 1 2

2 Universities 2 1 1 0 1 1 0 3 Monetary Authority 1 1 0 0 1 0 0

4 General Petroleum Commission 1 0 1 0 0 0 1

5 Tulkarem Municipality 1 1 0 0 0 1 0 Total 8 4 4 0 2 3 3

C. Office of the Attorney General 6 1 5 0 4 2 0

D. Security Agencies 1 Military Intelligence 23 0 23 0 23 0 0 2 Civil Police 14 8 6 0 8 5 1

3 Preventive Security – Gaza 7 0 7 0 7 0 0

4 State Security Prosecution Office 4 0 4 0 4 0 0

5 General Intelligence – Gaza 4 0 4 0 4 0 0

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No. of Cases Case Status

Total West Bank Gaza Open Closed

1 Closed

2 Closed

3

6 General Security Directorates 2 1 1 0 2 0 0

7 Preventive Security – West Bank 2 2 0 0 0 2 0

8 General Intelligence – West Bank 1 1 0 0 1 0 0

Total 57 12 45 0 49 7 1

TOTAL 113 54 59 0 67 40 6

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6. Classification of Violations

Case Status Closed

Right Violated and Type of Violation

No. of Violations* Open Without

cooperation

With cooperation

and satisfactory

results

With cooperation but without satisfactory

results 1. Right to life: a. Death as a result of misuse of firearms 1 0 0 1 0

b. Death under ambiguous circumstances 3 2 1 0 0

2. Right to appear before an independent, fair court 1 0 1 0 0

3. Right to fair legal procedures: a. Arbitrary detention:

1. Without an arrest warrant 64 33 7 23 1 2. Without charges 64 33 7 23 1 3. On false or frivolous charges 64 33 7 23 1 4. Without being sent to a public prosecutor or conciliation judge 64 33 7 23 1

5. Without Trial 64 33 7 23 1 b. Non-compensation for arbitrary arrest 0 0 0 0 0

c. Detention on political grounds 2 1 0 1 0 d. Violation of the right to family or attorney visits 1 0 0 1 0

e. Violation of the right to medical care inside the detention center or prison

16 3 0 13 0

f. Violation of the right to be presumed innocent until proven guilty

4 0 3 1 0

g. Separation and transfer of prisoners 5 1 1 3 0

4. Lack of respect for judicial rulings 7 4 2 1 0

5. Right to personal safety: a. Torture (in custody) 10 2 3 4 1 b. Cruel, inhumane, and degrading treatment (in custody) 33 14 6 9 4

c. Physical or psychological violence or pressure 10 3 1 6 0

6. Right to peaceful assembly 1 0 0 1 0 7. Freedom of expression 2 1 1 0 0 8. Right to form and belong to associations and professional syndicates

9 3 2 4 0

9. Right to hold public positions: a. Unfair competition in hiring 20 7 3 7 3 b. Violation of public employee rights 77 34 11 31 1

c. Arbitrary dismissal 12 7 1 4 0

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Case Status Closed

Right Violated and Type of Violation

No. of Violations* Open Without

cooperation

With cooperation

and satisfactory

results

With cooperation but without satisfactory

results 10. Right to work 5 0 1 4 0 11. Right to social security 24 4 2 18 0 12. Right to health a. Access to medical service without discrimination 25 12 2 9 2

b. Responsibility for medical malpractice 15 14 0 0 1

13. Right to a clean environment 8 0 2 6 0 14. Right to education 11 3 2 6 0 15. Right to obtain public services 107 30 22 53 2

16. Arbitrary use of authority 15 4 3 6 2 17. Abuse of office 8 0 1 3 4 18. Failure to obtain official documents in accordance with the law

11 5 0 6 0

19. Violations of economic rights 6 2 2 2 0 20. Not holding violators of laws accountable 2 1 0 0 1

21. Right to housing 8 0 0 8 0 22. Assaults on public monies 1 0 0 1 0 Total 780 322 108 324 26

* This is the total number of violations falling within the 507 complaints received and handled by PICCR during 2003. Thus, a single complaint may encompass more than one violation.

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7. Recommendations For the purpose of ending violations of Palestinian citizens’ rights by the agencies and institutions of the Executive branch—or at least containing and limiting such violations—PICCR recommends the following: 1. The Cabinet should issue clear, unequivocal directives with regards to cooperating with PICCR in following up complaints. Moreover, the Cabinet should authorize all officials in government agencies and institutions or those acting on their behalf to give citizens’ complaints the consideration and attention they deserve. In addition, they should supply information without delay and provide services without discrimination on the basis of gender, political affiliation, or disability. 2. There should be a serious and thorough investigation into all deaths occurring under ambiguous circumstances or in prisons or detention centers. There should also be investigations into citizens’ claims related to mistreatment or torture, especially during detention, arrest, or interrogation. 3. The Office of the Attorney General should assume an active role in inspecting prisons and detention centers to ascertain that they are not holding any detainees or arrestees illegally. 4. The necessary legislation should be promulgated to regulate the work of the various security agencies, delineating the responsibilities, jurisdictions, and authority of each, as well as the mechanisms for coordination and integration between them. 5. The phenomena of security lapses, arms chaos, and taking the law into one’s own hands should be dealt with quickly and at the root level, and deterrent punitive actions should be taken against perpetrators. 6. The security agencies should comply with legal procedures during detention and arrest, and should also respect and implement court rulings without haggling or wavering over them or ignoring them. 7. The General Personnel Office should comply with the provisions of operative laws and not yield to pressure or recommendations from any security agencies in matters concerning employee affairs, whether in regards to appointment, promotion, tenure, or dismissal. 8. Convincing solutions should be found to rectify the deteriorating conditions in police detention centers, as well as to raise the level of medical and health services provided to inmates and to improve the quality of food.

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Section Two: PICCR's Activities during 2003 In addition to following up on cases, PICCR undertakes numerous activities and projects that aim to increase awareness of citizens’ rights and strengthen the legislative and judicial branches of government. PICCR’s activities in this regard comprise different components: the legal reports series, the special reports series, the review and reform of laws, public awareness raising, field research, the Palestinian Human Rights Quarterly and monthly newsletter, networking and public relations activities, and the library. A review of the most significant activities and projects undertaken by PICCR during 2003 follows: I. Legal Reports Through its legal report series, PICCR addresses legal issues related to the rule of law, good governance, and the executive, legislative, and judicial branches of government. In the conclusion of each report, PICCR provides the relevant responsible parties, including researchers, jurists, and legislators, with recommendations for reaching solutions to the issues discussed therein. During 2003, PICCR published three legal reports. A summary of their content follows: 1. International Humanitarian Law and International Human Rights Law, by Nizar Ayoub, May 2003, 56 pages. This report affirms that international human rights law and international humanitarian law are two different and distinct branches of contemporary international law. The first is concerned with protecting the rights of individuals and groups from violations by states or various authorities, whereas the second is concerned with protecting victims of domestic and international armed conflicts. The report also addresses the rise and development of these branches of international law. International humanitarian law was first recorded in 1864, with the ratification of the first agreement to protect victims of armed international conflicts—an agreement concerned with improving the conditions of military personnel wounded in the field. International humanitarian law continued to develop, expanding to encompass all victims of domestic and international armed conflicts. On a second front, the issue of human rights gained the attention of the international community after World War II. It then assumed an international dimension through the United Nations, as manifest in the authorization of scores of international declarations and agreements, such as the 1948 Universal Declaration of Human Rights; the 1966 Covenant on Civil and Political Rights; the 1966 Covenant on Economic, Social, and Cultural Rights; the 1965 Convention on the Elimination of All Forms of Racial Discrimination; the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the 1989 Convention on the Rights of the Child. Given Israel’s continued refusal to abide by its contractual obligations as well as its ongoing violation of international human rights agreements and the provisions of the Fourth Geneva Convention, the report affirms that that the Security Council must take the necessary measures to protect Palestinian civilians within the 1967 occupied territories. It also affirms that those states party to the 1949 Fourth Geneva Convention must assume their responsibility in accordance with articles 1 and 146 by prosecuting and holding accountable those Israelis who perpetrate or order grave violations.

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2. Public Institutions and the Palestinian Executive Branch – Problems and Solutions, by Maen Ideis, June 2003, 53 pages. This report treats in two separate sections the main problems related to public institutions’ relationship with the executive branch. The first section deals with a number of issues related to public institutions in comparative legal systems and addresses, in a basic manner, the nature of public institutions, the legal foundations for their establishment, the role of central authorities in their administrative and financial oversight, and the legal mechanisms for abolishing them. The second section deals with the same issues in a Palestinian context. The report concludes that the Palestinian executive branch did not follow sound and uniform legal procedures in establishing public institutions, in exercising administrative and financial oversight over them, or in abolishing them. Generally, in establishing public institutions the Palestinian executive branch strayed from the fundamental concept that calls for a decentralized approach. A large number of these institutions lack the necessary independence and are subject to excessive administrative and financial oversight. In the remainder of the institutions, oversight by the centralized authority is completely lacking. The report concludes with the following recommendations:

1. The executive branch must stop infringing upon the jurisdiction of the Legislative Council in establishing public institutions. Conversely, the Legislative Council must put in place the necessary laws to regulate the work of Palestinian public institutions and to approve the appointment of heads of public institutions as stipulated by the Basic Law.

2. The executive branch must conduct in-depth studies prior to adopting or selecting the appropriate mode for the administration of public services.

3. Legislation creating public institutions must contain clear, detailed regulations for all aspects related to the public institution’s establishment, goals, powers, and relationship with other government institutions, as well as to the authority or authorities entrusted with its oversight.

4. Effective administrative councils must be formed for all public institutions. Clear and sound standards must be followed in forming these councils, delineating the number of members, as well as the appointment process and authorities with jurisdiction over appointment.

5. The legal conditions of existing public institutions must be adjusted and made consistent with known general foundations and the provisions of the Basic Law.

6. The Cabinet must undertake its role in appointing the heads of public institutions and supervising public institutions’ work.

3. Administrative Regulation of the Governorates in Palestine, by Basem Bushnaq, October 2003, 59 pages. This report treats the topic of administrative regulation of Palestinian governorates in two parts. Part 1 deals with the subject of administrative regulation of governorates in comparative systems, especially those of France, Egypt, and Jordan. Part 2 deals with the administrative divisions in the Palestinian National Authority territories, the formation and jurisdictions of governorates, and the regulations governing employees in governorates. The report concludes that the governorates in Palestine still suffer from poor administrative regulation. There is a difference in legal tradition between the West Bank and Gaza Strip, and there is an absence of clear, comprehensive Palestinian legislation clarifying administrative divisions and delineating the regulation methods, formation procedures, and jurisdictions of the governorates. This is in addition to noncompliance with the legislation in force, whether in the formation of the governorates or in the performance of their duties. In conclusion, PICCR recommends the following:

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1. Constitutional support must be put in place for administrative bodies in the territories of the

Palestinian National Authority, and legislation must be issued clarifying administrative divisions, defining their levels, and delineating their position within the Palestinian administrative system.

2. The aim in establishing governorates must be in keeping with the prevailing approach in a democratic state: essentially, local administration within a decentralized administrative context (not as representation of a centralized authority in local regions).

3. The number of governorates must be proportional to the areas and numbers of residents in the various regions.

4. There must be a provision that explicitly stipulates procedures for the formation of a governorate council. This provision must ensure that the council is representative of the municipal and village councils within the governorate and is based on the election of council members.

5. There must not be an expansion of the governorate council’s powers in the area of local services; its role should be limited to supervision and coordination with the councils of local authorities.

6. Qualifications should be taken into consideration when appointing governors as representatives of the central administrative authority.

7. Governors, in performing the duties entrusted to them, must be accountable to the Prime Minister. 8. Governorate employees must be subject to a special employment system as regards appointment,

wages, promotion, incentives, and other related matters. II. Special Reports Each year PICCR issues several special reports that provide an overview of pressing issues related to citizens’ rights that require urgent treatment. During 2003, a number of these reports were devoted to Israeli violations of Palestinian citizens’ rights. PICCR issued 13 special reports during 2003. A brief summary of each follows: 1. Management and Administration of State Lands, January 2003. This report sheds light on the main problems related to the management and administration of state lands, as well as on the required standards and procedures regarding these lands on the part of the various official bodies. Further, the report deals with transgressions against state lands and the absence of sufficient efforts on the part of responsible parties to combat such transgressions and hold perpetrators accountable. The report finds that there are blatant shortcomings in the management and administration of state lands. This is exemplified by the lack of clear standards for administrating state lands, the lack of precise statistics on state lands, and the spread of the appropriation of state lands by security forces. The report recommends the following:

1. It is necessary to enact legislation governing the management and administration of state lands. Until such time when new legislation is ratified, the relevant institutions of the executive branch must adhere to the legislation in force governing the management, administration, and protection of state property.

2. It is necessary to set down or delineate the foundations upon which the management of state lands will be based. This must be done promptly and should result in issuing clear regulations for managing and administering state lands.

3. It is necessary to comprehensively survey and record state lands. 4. It is necessary to formulate plans for improved utilization of state lands. Such plans should entail

achieving greater yields while also complying with the legislation in force.

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5. It is necessary to work seriously and promptly to identify transgressions against public government lands and to pursue perpetrators administratively and judicially. In particular, it is necessary to stop the transgressions by security forces against state land.

6. It is necessary to hold accountable those responsible for transgressions on state lands. This is in addition to the need for investigating reports about illegal practices on state lands committed by security force leaders and other National Authority officials.

7. For the sake of protecting state lands, and also for the integrity of its administration, it is necessary to link the appointment of the Chairperson of the Land Authority with confirmation by the Legislative Council.

8. The General Control Commission must exert special effort in overseeing the Land Authority and expose any violations or transgressions related to the management or administration of state lands.

2. Price Discrepancy for Water in the Palestinian National Authority Areas, March 2003. This report deals with the issue of price discrepancy for water in the Palestinian National Authority areas and sheds light on the main reasons behind this discrepancy, which are as follows: different water sources, different types of energy used in extracting and pumping water, increased amounts of lost water, and the absence of a sound administration for regional utilities providing water service to citizens. The report also uses numerical data to show the extent of price discrepancy between governorates, as well as the failure of official water sector bodies to unify prices. The report concludes with the following recommendations:

1. The Water Authority must hasten to put in place a unified pricing system that will provide citizens with water service at reasonable cost.

2. There should be a system of ascending allotments, distinguishing between water for home usage, commercial and industrial usage, and agricultural usage.

3. There must be sound rules for each local authority or institution that provides water service, wherein the true cost of water service is delineated.

4. Serious efforts must be taken to reduce the amount of lost water, as it is one of the main factors behind increased cost. Along these lines, there must be serious efforts to combat theft and to prosecute violators.

5. Bodies that extract and pump water must be provided with modern machinery and equipment, which will help reduce costs as well as price discrepancy.

6. The price of electricity and diesel fuel used in water production must be reduced, and efforts must be made to utilize the least expensive sources of energy.

7. The Legislative Council must exercise oversight over water prices, as well as over the application of a uniform pricing system in the various governorates.

3. Distribution of Aid among Those Harmed by Israeli Assaults (the Case of the Jenin and Rafah Governorates), March 2003. This report deals with the issue of aid to those harmed by the Israeli assaults, the criteria for distributing such aid, and the problems that arise from the distribution process. The report focuses on three types of aid: that given to families of those killed or wounded; that given to the owners of destroyed or damaged houses; and that given to the unemployed. It covers two areas that are severely affected by the repeated Israeli assaults: the Jenin and Rafah governorates.

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The report demonstrates that the aid provided to those harmed is insufficient, irregular, and of a humanitarian nature. Further, the process of distribution lacks transparency, clear and fair criteria, and adequate coordination among the various relevant parties. This is in addition to the absence of a serious official role, whether in providing aid, overseeing its distribution, or investigating transgressions and holding perpetrators accountable. The report concludes with the following recommendations:

1. A national public commission must be established to distribute aid to those who are entitled to it. It should be composed of official and professional figures with high credibility with the bodies that provide aid and local society alike.

2. The level of coordination between official bodies and civil society and international institutions must be raised, whether in assessing damages, laying down criteria, or distributing aid.

3. The Ministry of Finance must provide in a systematic fashion the funds necessary to aid those harmed, especially aid for re-building destroyed buildings. In addition, the Ministry must transfer funds gleaned from the salaries of Palestinian National Authority employees to the support fund for those harmed by closure.

4. The bodies providing aid must submit to official and continuous supervision and scrutiny in order to bolster impartiality and transparency. In this regard, the Palestinian Legislative Council must exercise effective oversight over the provision of aid and the bodies that provide it.

5. There must be greater diligence in providing aid with regularity and in sufficient amounts in order to enable harmed citizens to confront the difficult and continuing circumstances.

6. Special efforts should be made to reduce the share of the “middleman,” especially as relates to aid for creating job opportunities.

7. The Cabinet in general, and the Ministry of Labor in particular, must oversee the processes and mechanisms for providing aid to the unemployed.

4. Palestine T.V. and Palestine Satellite Channel – Administration, Financing, and Programming Policies, May 2003. This report deals with the general policies that govern work at Palestine T.V. and Palestine Satellite Channel. It sheds light primarily on the administrative infrastructure; programming policies; foundations governing appointment, training, and financing; and material, technical, and human resources. It also deals with the relationship of land-based and satellite television with the executive branch. The report identifies a set of internal and external problems that prevent these media institutions (Palestine T.V. and Palestine Satellite) from achieving all of their stated goals. The external problems are ascribed to the well-known Israeli practices. With regards to the internal problems, they are of the following types: the absence of a special law governing work at Palestine T.V. and Palestine Satellite; the absence of a representative body to draw up general policies and oversee their execution; the lack of headquarters built specifically for television work; duplication of the administrative and financial decisions between the West Bank and Gaza Strip; the absence of a properly approved administrative structure; non adherence to basic qualification standards in the appointment and training of employees; the shortage of material and technical resources; and over-employment. In its conclusion, the report recommends the following:

1. A high representative media body (High Media Council) must be formed to supervise the land-based and satellite television. It would be charged with preparing a media strategy on the national level and supervising its execution.

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2. Special legislation must be put in place to govern work at Palestine T.V. and Palestine Satellite and to affirm their independence, financing, goals, and relationship with the executive branch.

3. There must be work toward treating problems resulting from the duplication of administrative and financial decisions.

4. Employees in general, and particularly those holding high positions, must be appointed on the basis of qualifications and professional merit, with complete disregard for considerations of favoritism or patronage. In addition, there must be serious treatment of the phenomenon of “over-employment.”

5. It is necessary to seek the assistance of specialized experts and advisory boards when planning and preparing programs, as well as to work to ensure that different opinions and important controversial issues within Palestinian society are represented.

6. Given the differences in objectives and target audiences, it is necessary to work toward separating the programs presented on Palestine T.V. from those presented on Palestine Satellite as much as possible.

7. The General Control Commission must undertake its role to disclose the financial spending, especially of the funds given to Palestine T.V. and Palestine Satellite by non-Palestinian sources. The Commission must present its report on this matter to the Legislative Council.

5. Creeping Annexation: The Israeli Separation Wall and its Impact on the West Bank, June 2003. This report addresses the impact of the Israeli separation wall being built in the northern West Bank on Palestinian human rights and on humanitarian conditions in the occupied territories. Completion of the separation wall will lead, according to the Israeli plan, to the division of the West Bank into isolated pockets and to the destruction or confiscation of vast swaths of Palestinian land. The report demonstrates that the separation wall, which deviates from the Green Line and enters deep into West Bank territory, results in numerous violations of Palestinian citizens’ rights. The legally questionable method followed in the confiscation of Palestinian land to erect the wall violates property rights, and the restrictions on movement because of the wall violate education, labor, and health rights. Further, the separation wall constitutes a form of collective punishment against Palestinian residents, prohibited under international human rights law and international humanitarian law. The report also shows the separation wall’s economic and social effects. Completion of the wall will confer legitimacy upon the system of closure and siege, imposed in the West Bank since September 2000. Even prior to the wall’s completion, residents of appropriated areas are suffering from unemployment and difficulty in reaching health and educational facilities. The report concludes with the following recommendations:

1. Efforts to monitor separation wall construction must be strengthened and unified. Pressure and mobilization to prevent the wall’s completion must continue.

2. International institutions such as the United Nations and the World Bank must be informed of the dangers involved in the wall’s completion.

3. The subject of the wall must be discussed in the framework of implementation of the road map, which requires stopping the confiscation and destruction of Palestinian land and the establishment of a Palestinian state with the maximum level of geographical contiguity.

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6. Filling the Higher Offices in the Palestinian National Authority, August 2003. This report treats the subject of filling the higher offices within the various public administrations of the Palestinian National Authority, especially the positions of senior ministry employees; governors; members of the judicial circuit; heads of local authorities and public institutions and commissions; and heads of the security agencies. The report concludes that appointment to higher offices within the Palestinian National Authority is concentrated in the hands of the Palestinian National Authority President, who exercises wide powers in this area. Presidential decrees and orders have been issued appointing persons to hundreds of higher offices in the various government and public institutions and authorities. The Palestinian National Authority President appoints Ministry Deputies and General Directors, as well as directors in the various directorates and administrations under the Ministries. This is in addition to presidential appointment of governors; heads of the security agencies; the High Judiciary Council; the Attorney General; court judges; and heads of public institutions, authorities, and commissions. The report likewise shows that those holding higher offices within the Palestinian National Authority do so for periods of time that are illdefined in duration; indeed, most of them have occupied their posts since 1994. In conclusion, the report recommends the following:

1. Legislation must be issued regulating the work of the security agencies, as well as the various public institutions and authorities, such as the Radio and Television Commission, the Aviation Authority, the General Petroleum Commission, the Land Authority, and others.

2. Laws that contradict the revised Basic Law must be amended. The revised Basic Law confers upon the Cabinet the power to appoint the heads of public authorities and institutions, as does the Civil Service Law, the General Census Law, the Water Law, the General Control Commission Law, and the Law of Standards and Measurements.

3. The power of appointment to higher offices should not be concentrated solely in the hands of the Palestinian National Authority president. The roles of the various parties involved in the appointment and recommendation should be defined.

4. A maximum time period for holding higher offices should be defined—both to ensure oversight over those holding such offices and for the purpose of renewing expertise and qualifications.

5. The number of higher offices of a political nature should be reduced to the greatest extent possible.

6. The principle of equal opportunity must be adhered to when making appointments to higher offices, especially to those that are professional in nature.

7. Members of the PLC should not work as directors in public institutions, authorities, and commissions, since it may come into conflict with their role of parliamentary oversight over the executive branch. Such directorships include the current heads of the Civil Aviation Authority, the Energy Authority, and the Environmental Authority.

8. Appointments to higher offices made prior to the authorization and amendment of the Basic Law and other relevant laws must be dealt with. Problems arising from violation of the laws in force in previous appointments must also be resolved.

7. Appointment of Employees to Local Authorities (Foundations, Procedures, and Jurisdictions), August 2003. This report treats the subject of appointment to local authorities, the bodies holding jurisdiction over defining local authorities’ staffing needs, the role of specialized committees in the appointment of employees, and the qualifications of employees of local authorities. The report also deals with the

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procedures followed in advertising employment openings, methods of choosing among nominees, and the role of the Ministry of Local Government in all of the above. The report reveals the absence of regulations treating various issues related to the employees of local authorities; discrepancy in terms of the foundations, procedures, and mechanisms of appointment to local authorities between the West Bank and Gaza Strip, as well as between local authorities within the same geographical unit; discrepancy among systems for classifying employees of various local authorities, with each having different administrative structures; the absence of clear and authorized foundations, criteria, and mechanisms; lack of clarity in the foundations that must be upheld or adhered to in defining local authorities’ employment needs; the absence of regulations and bylaws delineating which parties hold the power of appointment; the absence of adherence by local authorities to the texts and provisions of the Civil Service Law; lack of adherence by local authorities to a unified procedure in advertising employment vacancies; the absence of parliamentary oversight over appointments to local authorities; and the spread of the phenomenon of favoritism and patronage in appointment to positions and offices in some of the local authorities. In conclusion, the report recommends the following:

1. The Minister of Local Government must work to activate article 19/2 of the 1997 Local Authorities Law No. 1, and to immediately issue regulations and orders concerning the appointment of employees to local authorities.

2. The local authorities must incorporate vacant or newly created employment positions within their annual budgets, in accordance with article 19/1 of the Local Authorities Law. In this regard, each local authority must prepare its budget for the coming year, specifying all of its staffing needs.

3. Local authorities must uphold standards of fairness and merit when selecting employees. 4. Local authorities must advertise employment vacancies through means that allow such

advertisements to reach all concerned citizens. 5. Appointments to local authorities must be made by selection committees whose membership may

include members of the municipal council, local authority employees, and experts, especially when the appointment concerns positions involving important administrative duties.

6. Regulations and orders regarding workers of local authorities must specify the procedures for the appointment of every type of employee, as well as the party or parties with jurisdiction to make such decisions.

7. Previous appointments must be dealt with so as to render them consistent with the foundations and standards delineated in the legislation in force, foremost of which are the Local Authorities Law and the Civil Service Law.

8. The Legislative Council must exercise oversight over appointments in the local authorities. 8. Property Tax in Palestinian National Authority Areas – Gaza Strip: Problems and Solutions, November 2003. This report deals with the subject of property tax, especially in the Gaza Strip, and sheds light on the various aspects related to it, including: the legislative framework for levying the tax, the authorities responsible for collecting the tax, and the mechanisms for assessing and collecting the tax in the Ministry of Finance and the local authorities. As the report shows, the main problems regarding the assessment and collection of the property tax are: the multiplicity of legislative measures regulating the property tax, non-application of some of the regulations of laws in force, non-adherence to clear principles and criteria in tax collection, non-collection of the tax from a large percentage of citizens, and double collection. Whereas the collection of this tax in the West Bank is relegated exclusively to the Ministry of Finance through its property tax office, the

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manner and method of collection in the Gaza Strip varies. In some cases, it is collected exclusively by the Ministry of Finance, in others it is collected exclusively by the local authorities, and in others it is collected by both bodies simultaneously—and, sometimes, the same piece of property is taxed twice. The report concludes by recommending the following:

1. Legislation must be unified as regards the assessment and collection of property tax in the governorates of the West Bank and Gaza Strip.

2. The Ministry of Finance must form a special committee to assess property tax in accordance with the stipulations of the law in force.

3. There must be reliance on clear, fair principles when estimating property tax values, taking into consideration the rent value of property subject to taxation.

4. Double standards in levying property taxes must be avoided; it is impermissible for a tax to be collected from two parties at once (from the owner and the renter).

5. The Ministry of Finance must endeavor to put in place and adhere to procedures for collecting property taxes from all those who pay them and set down criteria regarding the exemption of entities or individuals from paying them.

6. The Ministry of Finance must endeavor to ensure that the relevant local authorities collect their share of the property tax, so as to ensure that these authorities possess the necessary financial resources to provide services to their citizens.

7. The Palestinian Legislative Council must determine property tax rates for the various sectors on an annual basis—the matter must not be left solely to the local authorities and the Ministry of Finance.

9. The Suffering of Patients with Kidney Failure in the Palestinian National Authority Areas, December 2003.

This report deals with persons suffering from kidney failure in the Palestinian National Authority areas and sheds light on the kidney dialysis units in Palestinian hospitals in the West Bank and Gaza Strip, both with regards to those who benefit from them as well as the problems associated with them.

The report concludes that this part of the health sector suffers from a number of problems, summarized as follows:

1. The shortage of the modern machines needed for kidney dialysis, in addition to the shortage of the experts needed to maintain available machines.

2. The shortage of machines in the kidney dialysis units in most hospitals. 3. Some kidney dialysis units do not have all of the devices needed in such units, whereas some lack

resuscitation devices and electronic monitoring devices used during dialysis. 4. The lack of specialized physicians in most dialysis units, the lack of physicians in residence in

some dialysis units, and the shortage of qualified nurses. 5. The lack of devices and other medical requirements for dialysis on a regular basis, or the delay in

their provision. 6. The lack of the budgetary funds required for establishing new kidney dialysis centers in some

large residential centers, such as Qalqilya, Tubas, Salfit, Idna, Yatta, and Doura. In closing, the report recommends the following:

1. The Ministry of Health should work to provide the devices medicines for persons suffering from kidney failure at reasonable prices, as well as to provide kidney dialysis units with the necessary

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modern dialysis machines in suitable numbers and at exemplary standards (i.e., one dialysis machine per four patients).

2. There is a need to seriously consider the creation of kidney dialysis units in some large residential centers that still lack such units, such as Salfit, Doura, Idna, Yatta, Tubas, and Qalqilya. This is in addition to the ongoing and periodic maintenance of existing kidney dialysis machines.

3. The Ministry of Health and hospital administrations should work to attract more physicians who specialize and are qualified in treating kidney disease.

4. There is a need for raising awareness as to the causes and dangers of kidney failure, as well as the methods of preventing it. There is also a need for raising awareness as to the nutritional diet suitable for those suffering from kidney disease.

5. There should be serious, impartial investigation into patients’ grievances about the quality of service that they receive and the problems that they encounter in kidney dialysis units.

10. Four Reports on Israeli Violations of Palestinian Citizens’ Rights During 2003, PICCR issued four quarterly reports on Israeli violations of Palestinian citizens’ rights. The first report addresses Israeli violations of Palestinian citizens’ rights during the final quarter of 2002; the second report addresses the same issue for the first quarter of 2003; the third report addresses the same issue for the period of 1 April – 30 June 2003; and the fourth report addresses the same issue for the period of 1 July – 30 September 2003. III. Review and Development of Laws In accordance with the decree that established it, PICCR specializes in the review of Palestinian laws, and regulations to ensure their compliance with international human rights standards. Within this framework, PICCR prepares draft bills relevant to the protection of citizens’ rights. It then submits them to the Palestinian Legislative Council, either through a council member or to a council committee. PICCR also follows up draft laws presented to the Legislative Council by preparing legal memoranda, participating in hearings organized by council committees, holding workshops and meetings of experts, and preparing specialized legal studies published in the form of books and reports. PICCR carried out the following activities during 2003: 1. Activities Related to the Legislative Council - Paper on the Bylaw for the Palestinian Legislative Council More than seven years after the bylaw of the Palestinian Legislative Council was put into place, it became necessary to review and reexamine a number of its provisions. Within this framework, PICCR commissioned Dr. Ali Al-Sawi, Director of the Parliamentary Program at Cairo University, to prepare a paper on the amendments that need to be made to the bylaw. During March 2003, this paper was distributed to the committees and members of the Legislative Council. - Workshop on the Bylaw of the Palestinian Legislative Council On 3 February 2003, PICCR held a workshop entitled “The Bylaw of the Palestinian Legislative Council.” Participants included members of the Legislative Council, as well as representatives of political parties and factions, civil society, and rights institutions. Those in attendance affirmed the importance of reviewing the bylaw to ensure its consistency with the Basic Law and to overcome flaws that have become apparent through practice, such as its shortcomings in generating solutions on issues of conflicting

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interests and the lack of encouragement for forming parliamentary blocs—despite their importance in supporting the council’s oversight and legislative work. 2. Activities Related to the Rights of the Disabled - The Law on the Rights of the Disabled and its Implementation Bylaws PICCR participated in a training workshop held by the central National Rehabilitation Committee, in cooperation with the Ministry of Social Affairs, in Ramallah from 11 – 13 March 2003. PICCR presented a keynote presentation on the role of national human rights institutions in promoting and protecting the rights of the disabled. The presentation dealt with PICCR's practical experience in this area, whether in following up complaints and reviewing legislation and public policies, or through holding forums and workshops to raise awareness of the rights of the disabled. - Labor Rights of Those with Special Needs: Between Law and Practice On 25 August 2003, PICCR held a workshop entitled “Labor Rights of Those with Special Needs: Between Law and Practice” in Beit Jala. Meeting participants included representatives from ministries, government and civil society institutions concerned with the rights of the disabled, and the General Union of the Disabled, in addition to a number of lawyers and experts. Those in attendance emphasized the necessity of preparing regulations and bylaws for the Law of the Rights of the Disabled, the Civil Service Law, and the Labor Law. 3. Activities Related to the Rights of the Child - The Committee Charged with Redrafting the Draft Law of the Palestinian Child PICCR hosted meetings in April and May 2003 of the committee charged with redrafting the Draft Law of the Palestinian Child. The committee is composed of the Legislative Council, PICCR, the Ministry of Social Affairs, UNICEF, Al-Haq, and Defense for Children International. - Workshop on the Draft Law of the Palestinian Child On 10 June, PICCR held a workshop in cooperation with the Women’s Unit of the Legislative Council in order to discuss the Draft Law of the Palestinian Child passed at first reading. Participants in the workshop included representatives from the Education Committee, Ministry of Health, Ministry of Justice, and a number of civil society institutions, in addition to the committee charged with redrafting the Draft Law of the Palestinian Child. Participants focused in their presentations on the necessity of respecting the minimum rights encompassed in international agreements, foremost among them the Convention on the Rights of the Child of 1989. In addition, in the framework of PICCR’s great interest in the process of drafting and putting in place a law on the Rights of the Palestinian child, it presented its observations on the first copies of the aforementioned draft law. Upon request by the Education and Social Affairs Committee and the Women’s Unit of the Legislative Council, PICCR participated on the Committee for Redrafting the Draft Law of the Rights of the Palestinian Child. At every stage of drafting and authorization, PICCR affirmed the necessity of safeguarding international human rights standards in promulgation of Palestinian legislation—including legislation concerning the rights of the Palestinian child. - High Coordinating Committee for Juvenile Affairs On 12 August 2003, PICCR hosted a work meeting held by the Higher Coordinating Committee for Juvenile Affairs for the purpose of assessing the conditions and needs of juveniles, along with the standards and principles that legislation on juveniles must uphold.

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4. Activities Related to the General Control Commission - Draft Law on the Bureau of Oversight and Accountability On 3 March 2003, PICCR participated in a workshop held by the Legislative Council on the Draft Law of the Bureau of Oversight and Accountability. In its presentation, PICCR affirmed the necessity for granting the General Control Commission greater independence vis-à-vis the executive branch. It also affirmed that the Legislative Council must assume its primary role in approving the appointment of the Head of the General Control Commission, and that the Commission must present its reports to the legislative and executive branches. - The Legal Amendments Necessary to Strengthen the Independence and Performance of the General Control Commission On 28 April 2003, PICCR held a workshop on the legal amendments necessary to strengthen the independence of the General Control Commission. Workshop participants included representatives of ministries, as well as a number of legislators and jurists. During the workshop, there was discussion on the proposed bills to amend or replace the Law of the General Control Commission, as well as the nature of the amendments that are required to ensure the independence of this oversight institution. Based on the recommendations, PICCR sent a letter to the Palestinian Legislative Council affirming the necessity of passing laws that support oversight over public finances. 5. Activities Related to the Draft Penal Law - Workshop on the Palestinian Draft Penal Law On 26 May 2003, PICCR participated in a workshop on the Palestinian Draft Penal Law, to which a group of civil society institutions were invited. On this occasion, PICCR affirmed the importance of this law and its close connection to rights and freedoms—a connection that calls for careful consideration prior to authorizing its text, as well as lengthy deliberation on such controversial issues as the death penalty and killing linked to family honor. - Crimes against Justice in the Palestinian Draft Penal Law On 19 August 2003, PICCR held a workshop entitled “Crimes against Justice in the Palestinian Draft Penal Law” at its Ramallah headquarters. Meeting participants included representatives from ministries and government and civil society institutions, in addition to lawyers and specialists. - Report Entitled “The Palestinian Draft Penal Law: Working Papers” 61 pages, prepared by lawyers Nasser Al-Rayes, Mahmoud Hammad, Ammar Dweik, and Mahmoud Shaheen. This report comprises four critical working papers on the Palestinian Draft Penal Law, which was passed by the Palestinian Legislative Council in the first reading. The first paper treats crimes against children and domestic violence, including abduction and endangerment of children, rape and sexual violation, prostitution, and crimes against children. The report concludes that the provisions of the Draft Penal Law related to the family and the child are not sufficiently in keeping with the international human rights conventions, especially in matters related to equality between men and women and matters related to the child, for whom the draft law does not afford the necessary protection. The paper also affirms that the draft law’s classification of crimes against the family and the child as ‘misdemeanors’ precludes adequate deterrence since punishments for perpetrating such crimes are minor. The paper also criticizes the draft law’s failure to criminalize certain acts, such as unjustified spousal abandonment, as well as acts related to the exploitation of children or forced labor, physical or psychological harm, and other forms of cruel, degrading treatment that could fall within the scope of the family.

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The second paper treats crimes against justice such as misleading the Judiciary, insulting the court, non-implementation of rulings and decisions, false testimony, disturbing the authorities, false statements, prisoner escape, and harboring criminals. The paper concludes that although the Palestinian Draft Penal Law guarantees the independence of the Judiciary in penal protection, it does not stipulate certain crimes that impede justice, including concealment of felonies and misdemeanors and perjury. The third paper concludes that the Palestinian Draft Penal Law’s treatment of the issue of terrorism is disjointed and unclear in a way that could negatively affect citizens’ rights and freedoms. The draft law does not criminalize certain acts that international conventions regard as terrorist crimes, such as attacks against protected persons and crimes of nuclear terrorism. At the same time, terrorism is defined in such a way that could leave acts involving the exercise of freedom of opinion and expression open to punishment. On the other hand, the draft law thrusts itself into the matter of defining “terrorism,” an issue that remains subject to heated international debate. As for the fourth paper, it deals with crimes involving harm to national security and public interests in the Palestinian Draft Penal Law. This paper is an amended, further developed version of a paper published in 1999 in a PICCR report entitled: The Palestinian Draft Penal Law: Critical Studies and Notes. 6. Palestinian T.V. and Satellite Channel On 29 June 2003, PICCR held a workshop on Palestine T.V. and Palestine Satellite Channel. Speakers at the meeting included Hasan Al-Kashef, Toufiq Abu Khouseh, Talal ‘Oukal, and Mazen Shaqurah. Participants included representatives from the Ministry of Information, the Radio and Television Commission, the Legislative Council, and civil society institutions. Attendees affirmed the necessity of putting in place legislation to govern the work of Palestine T.V. and Palestine Satellite Channel, affirm their independence, and delineate their relationship with the executive branch. PICCR had prepared a special report on Palestine T.V. and Palestine Satellite Channel, and participants agreed that the report’s recommendations must be taken seriously. 7. Complaint Boxes On 4 June 2003, PICCR held a workshop on standards and mechanisms for complaint boxes in local authorities. Meeting participants included Dr. Maher Abu Ramadan, Gaza Municipal Council Member; Dr. Yousef ‘Awdallah, Director of Public Relations at the Ministry of Health; and Mazen Shaqurah, Director of the PICCR office in Gaza. The workshop asserted the importance of putting in place regulations for handling complaints in the local authorities, with special attention to standards of equality, transparency, and sound administration. 8. PICCR's Complaint Handling Mechanism In the framework of its efforts toward authorization of the Draft Law on PICCR and development of the system for handling grievances, PICCR held two workshops, during which it hosted Mervin Singham, Assistant to the Grievances Commissioner of the New Zealand Human Rights Commission. The first workshop was held in the Municipal Hall of Al-Bireh on 16 September 2003, and the second was held at the PICCR headquarters in Gaza on 21 September. The workshop participants affirmed the importance of PICCR’s role in handling citizens’ grievances and the necessity of strengthening this role through prompt authorization of a law regulating PICCR’s work. Such a law should include provisions on the mechanisms for handling grievances, and stipulate penalties for parties that do not cooperate with PICCR.

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9. Activities Related to the Judicial Branch - Workshop in Tulkarem entitled “The Judicial Branch: Reality and Aspirations” On 28 August 2003, PICCR held a workshop entitled “The Judicial Branch: Reality and Aspirations” in Tulkarem. Meeting participants included, as the main speakers: Dr. Hasan Khreisheh, Chairman of the Palestinian Legislative Council’s Oversight and Human Rights Committee; Abdel Karim Hanoun, representative of the Tulkarem Lawyers’ Committee; and Ra`fat Al-Bal’awi, Assistant to the Mayor of Tulkarem. In a paper that researcher Ma`moun Attili presented on his behalf, Deputy Minister of Justice Farid Al-Jallad emphasized the importance of basing appointments of judges on qualifications and merit, and the necessity of establishing the Department of Judicial Inspection to strengthen transparency in the courts. - Appointments to the Judicial Circuit On 29 September 2003, PICCR held a workshop in Bethlehem about the latest appointments within the judicial branch. These appointments have aroused controversy concerning the extent to which they accord with the laws in force. The workshop participants, who represented a number of civil society, official, and legal institutions, affirmed the necessity of respecting criteria of fairness and qualification when appointing judges. In this regard, PICCR sent a letter to the chair and members of the Palestinian Legislative Council on 6 September. The letter called on them to respect the laws in force when appointing judges so as to safeguard the impartiality and integrity of the judicial branch. - Judicial Inspection With an aim toward helping to strengthen the judicial branch, PICCR prepared a legal brief on the subject of judicial inspection and sent it to the chairperson and members of the legal committee of the Palestinian Legislative Council. The brief pointed out deficiencies in the system of judicial inspection in Palestine. For the sake of activating the inspection system, PICCR affirmed the following:

1. There must be separation between the judicial inspection board and the High Judiciary Council; the inspection board should be attached to the Ministry of Justice, but the Ministry of Justice, the High Judiciary Council, and the Cabinet should all participate in appointing its president and members.

2. No judges should be exempt from judicial inspection, based on the principle that no party is exempt from monitoring.

3. The nature of inspection should be stipulated in greater detail, including its types, mechanisms, and results. In this regard, it is possible to benefit greatly from the experiences of Yemen and Lebanon. In addition, the promotion and accountability of judges should be linked to inspection results.

4. It is important to conduct judicial inspections at least once a year. 10. Activities Related to Draft Laws - Workshop on Implementation Bylaws On 30 March 2003, PICCR held a workshop on implementation bylaws for the laws in force, attended by representatives of the relevant ministries and a number of legislators and jurists. Discussion took place on: the scope of implementation bylaws and their relationship to the law; the issuing authorities; the period of time for putting them in place; and the bylaw’s authority in criminalization and punishment. At the end of the workshop, the attendees affirmed that the relevant ministries must hasten to issue implementation bylaws for the laws in force, especially the Labor Law and the Law on the Rights of the Disabled.

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- Draft Law on Narcotics and Psychotropic Substances On 15 May 2003, PICCR participated in a workshop held by the Ministry of Justice on the Draft Law on Narcotics and Psychotropic Substances. At this workshop PICCR affirmed that criminalization and punishment are not enough, and should be complemented by preventative and treatment measures. - Woman and the Elections System in Palestine In the framework of its interest in guaranteeing respect for human rights in Palestinian election laws and regulations, PICCR participated in a conference entitled “Woman and the Elections System in Palestine” that was held by the Women Affairs Technical Committee and the Frederich Ebert Foundation on 11 June 2003. - The Draft Law of Execution On 18 June 2003, PICCR participated in a hearing held by the legal committee of the Legislative Council on the Draft Law of Execution at the Legislative Council headquarters in Gaza City. The session affirmed this draft law’s importance for supporting the independence of the Judiciary. 11. Televised Workshops - Children in Conflict with the Law In March 2003, PICCR held a televised workshop entitled “Children in Conflict with the Law.” Meeting participants included representatives of UNICEF, Defense for Children International – Palestine Section, and the Ministry of Social Affairs. During the meeting, the necessity of issuing a Palestinian law on juveniles in keeping with international standards of juvenile justice was affirmed. Further, the problems and obstacles faced in rehabilitating children in conflict with the law were delineated. The meeting was broadcast on a number of local television stations. - Duties of the Public Employee and Rights of the Citizen under the Draft Penal Law On 16 July 2003, PICCR held a televised workshop entitled “Duties of the Public Employee and Rights of the Citizen under the Draft Penal Law.” Participants included Palestinian Legislative Council representative Hasan Khreisheh, Chairman of the Palestinian Legislative Council’s Oversight and Human Rights Committee; lawyer Mahmoud Hammad; lawyer Fatin Bolifa; and lawyer Maen Ideis. - Complaint Boxes in Local Authorities On 19 May 2003, PICCR held a televised workshop on complaint boxes in the local authorities. Participants included Dr. Hussein Al-‘Araj, Deputy Minister of Local Government; Walid Hammad, Mayor of Al-Bireh Municipality; and Issam ‘Aqel, Executive Director of the Palestinian Association for Local Authorities. The workshop asserted the importance of putting in place regulations for handling complaints in the local authorities, with special attention to standards of equality, transparency, and sound administration. During the course of the workshop, PICCR presented a draft regulation for complaint boxes in the local authorities. - Draft Law on Workers’ Syndicates On 7 September 2003, PICCR held a televised forum on the Palestinian Draft Law on Workers’ Syndicates. Participants included: Muhammad Abu Sham’ah, Director General of the Trilateral Committee of the Ministry of Labor; Muhammad Al-Aruri, member of the Executive Committee of the General Union of Palestinian Workers’ Syndicates; and lawyers Fatin Bolifa and Maen Ideis from PICCR. The participants affirmed the importance of rapid authorization of the Palestinian Draft Law on Workers’ Syndicates in order to fill the legislative void resulting from abolishment of the old law.

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IV. Public Awareness Raising Activities PICCR aims to achieve the following goals through the public awareness raising activities:

1. Foster the culture of human rights and principles of democracy among the various sectors of Palestinian society. This goal arises from the conviction that the protection of citizens’ rights begins with educating citizens on their rights and the mechanisms for protecting them.

2. Raise the issue of citizens’ rights as a public concern on a national level, and place it high amongst the priorities of the Palestinian National Authority and citizens alike.

3. Inform Palestinian society about the status of citizens’ rights, particularly relating to the safeguards available for these rights and the necessity that all individuals, groups, institutions, and public authorities respect them.

4. Define the role played by PICCR in following up citizens’ complaints with the Palestinian public authorities; civilian and security alike.

PICCR’s public awareness raising activities saw marked development in 2003 in comparison to previous years. There were 6,321 participants in training courses, lectures, and open meetings, as compared to 5,420 participants last year. Public awareness activities were carried out with the help of PICCR field researchers and lawyers, both those working in the main office and those in the branch offices in the West Bank and Gaza Strip. In addition, PICCR continued to enlist the aid of local expertise in this area, such as members of the Palestinian Legislative Council, lawyers, judges, university professors, and experts from government and nongovernmental institutions, local and foreign alike. The most significant activities of the public awareness-raising project in 2003 are summarized as follows: Training Courses During 2003, PICCR organized 76 training courses, 16 in the Gaza Strip and 60 in the West Bank. These courses addressed the issues of human rights, democracy, the rule of law, the guarantees of fair trial, the independence of the Judiciary, the rights of women and children, the role of international humanitarian law in protecting human rights, the rights and obligations of public employees according to domestic legislation and international standards, the role of the media in protecting human rights, the role of law enforcement personnel in protecting and respecting human rights, and other subjects. The following table shows the targeted groups, the number of courses, and the number of participants:

Target Groups No. of Courses No. of Participants Employees of security agencies 15 719 University students 10 291 Employees of civil society institutions 14 244 Employees of ministries and local authorities 8 149 Women’s activists 7 131 Teachers and educational instructors 7 119 Journalists and media professionals 5 87 Lawyers 5 108 Employees in the health sector 3 66 Unionists 2 65 TOTAL 76 1979

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The courses consisted of eight to ten sessions, with each session lasting two hours. The following is a brief description of the most significant courses and the number of participants in each: 1. Training course in Ramallah entitled “Democracy and Human Rights” PICCR held a training course entitled “Democracy and Human Rights” at the headquarters of the Training and Research Unit of the Palestinian Legislative Council in Ramallah from 12 to 16 January 2003. Seventeen employees of the National Guidance Commission in the Ramallah governorate attended. 2. Training course in Tulkarem entitled “The Role of Law Enforcement Personnel in Protecting and Respecting Human Rights” PICCR held a training course entitled “The Role of Law Enforcement Personnel in Protecting and Respecting Human Rights” at the auditorium of the Women’s Social Work Committee in Tulkarem from 24 to 28 January 2003. Twenty officers and non-commissioned officers of the Tulkarem police attended. 3. Training course in Gaza City entitled “Documenting Human Rights Violations” PICCR held a training course entitled “Documenting Human Rights Violations” at its headquarters in Gaza City from 26 to 29 November 2003. Twenty youths from youth societies and centers attended. 4. Training course in Nablus entitled “Education to Human Rights” PICCR held a training course entitled “Education to Human Rights” at the Primary Girls’ School in Nablus from 18 January to 20 February 2003. Thirteen civics teachers from the United Nations Relief and Works Agency (UNRWA) attended. 5. Training course in Al-Bireh entitled “Democracy and Human Rights” PICCR held a training course entitled “Democracy and Human Rights” at the headquarters of the Training and Research Unit of the Palestinian Legislative Council in Al-Bireh from 15 to 17 March 2003. Seventeen employees of the Ministry of Interior and the security agencies attached to it attended. 6. Training course in Nablus entitled “International Humanitarian Law and Human Rights” PICCR held a training course entitled “International Humanitarian Law and Human Rights” at the headquarters of the Palestinian Red Crescent Society in Nablus from 11 to 17 March 2003. Fifteen Red Crescent medical relief workers attended. 7. Training course in Jericho entitled “The Role of Law Enforcement Personnel in Protecting Human Rights” PICCR held a training course entitled “The Role of Law Enforcement Personnel in Protecting Human Rights” at the Jericho Youth Center from 16 to 27 March 2003. Twelve members of the Jericho police attended. 8. Training course in Tulkarem entitled “Education to Human Rights” PICCR held a training course entitled “Education to Human Rights” at the UNRWA Primary School in Tulkarem Camp from 24 February to 2 March 2003. Fifteen civics teachers in UNRWA schools in the Tulkarem governorate attended. 9. Training course in Gaza City entitled “Democracy and Human Rights” PICCR held a training course entitled “Democracy and Human Rights” at its headquarters in Gaza City from 10 to 14 May 2003. Twenty officers and members of the Military Liaison Agency attended. 10. Training course in Al-Dhahiriyeh/Hebron entitled “Democracy and Human Rights” PICCR held a training course entitled “Democracy and Human Rights” at the municipal hall in Al-Dhahiriyeh/Hebron from 12 to 22 May 2003. Nineteen municipal employees attended.

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11. Training course in the village of Yasouf/Salfit entitled “Women’s Rights According to National Laws and International Standards” PICCR held a training course entitled “Women’s Rights According to National Laws and International Standards” at the Yasouf kindergarten from 27 to 29 May 2003. Twenty-one women’s activists in the village attended. 12. Training course in Qalqilya entitled “Strengthening the Human Rights Principles of Law Enforcement Personnel” PICCR held a training course entitled “Strengthening the Human Rights Principles of Law Enforcement Personnel” at the Qalqilya police headquarters from 28 to 30 June 2003. Twenty members of the police in the Qalqilya governorate attended. 13. Training course in Bethlehem entitled “The Role of Lawyers in Protecting Human Rights” PICCR held a training course entitled “The Role of Lawyers in Protecting Human Rights” at the municipal hall in Al-Doha/Bethlehem from 23 June to 7 July 2003. Twenty-seven lawyers from the Bethlehem governorate attended. 14. Training course in Ramallah entitled “The Role of the Media in Protecting Human Rights” PICCR held a training course entitled “The Role of the Media in Protecting Human Rights” at the headquarters of the Journalists’ Syndicate in Ramallah from 7 to 12 October 2003. Fifteen domestic and foreign media professionals attended. 15. Training course in Hebron entitled “Education to Human Rights” PICCR held a training course entitled “Education to Human Rights” at the Palestinian Center for Development and Childhood in Hebron from 18 to 25 October 2003. Seventeen educational instructors from the Hebron governorate attended. Lectures and Open Meetings PICCR organized 246 lectures and open meetings during 2003, 88 in the West Bank and 16 in the Gaza Strip. More than 5,037 participants, representing various sectors and age cohorts, participated. - School Lectures During 2003, PICCR organized 117 training lectures in 12 government, private, and UNRWA secondary and primary schools. Each lecture was between 45 and 60 minutes in length. At all of the schools combined, 1,071 students benefited from the lectures, which focused on the following subjects: rise and development of human rights, guarantees of fair trial, elections, education to democracy, resolving disputes through democratic means, freedom of opinion and expression, and the Convention on the Rights of the Child. - Lectures in Summer Camps During 2003, PICCR held 66 lectures in 29 summer camps. They ranged from one to two hours in length and were attended by 1,022 camp participants. They included four lectures at the summer camp organized by the Is’ad Al-Tufula organization in Al-Bireh between 1 and 5 July 2003, and four lectures at the summer camp organized by the Salah Khalaf Center in Al-Far’a Camp between 2 and 5 September 2003. - Public Lectures During 2003, PICCR held 34 lectures at cultural and youth centers and athletic clubs, attended by more than 1,019 citizens. The lectures dealt with subjects including: the role of PICCR in following up citizens’ complaints, the role of civil society in protecting human rights, the rights of the citizen under the Palestinian Basic Law, incorporation of the culture of human rights into educational curriculum, education

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to democracy, women’s rights according to domestic legislation and international conventions, citizenship: rights and obligations, human rights sources and standards, democracy and civil society, the role of lawyers in protecting human rights, and the separation of powers. - Open Meetings During 2003, PICCR held 30 open meetings, attended by more than 1,244 participants representing various sectors and age groups, including employees of cultural centers and children’s daycare centers, employees of government and civil society institutions, heads and members of local authorities, lawyers, journalists, and school and university students. The open meetings, revolved around numerous subjects, including: the separation wall and the Palestinian position, workers’ rights according to the Palestinian Labor Law, elections, women’s rights, and the phenomenon of taking the law into one’s own hands. The following is a brief description of some of these meetings and the number of participants in each: 1. On 11 January 2003, PICCR held an open meeting entitled “The Separation Wall and the Official Palestinian Position” at the auditorium of the Chamber of Commerce in Tulkarem. Sixty people attended. 2. On 4 February 2003, PICCR held an open meeting entitled “Problems of The Neighborhood and Ways to Address Them” at the auditorium of the Al-Ahli Club in Al-Sheikh Radwan/Gaza. One hundred-fifty people attended. 3. On 4 May 2003, PICCR held an open meeting entitled “Workers’ Rights According to the Palestinian Labor Law” at the Women’s Union in Bethlehem. Sixty lawyers, and unionists, attended. 4. On 21 August 2003, PICCR held an open meeting entitled “Women’s Participation in Elections: Reality and Aspirations” at the auditorium of the Iskaka Committee in Salfit. Forty-five women from the village attended. 5. On 1 September 2003, PICCR held an open meeting entitled “The Rule of Law and the Status of Citizens’ Rights in Nablus” at the auditorium of the Al-Qasr hotel in Nablus. Fifty representatives of national and social institutions and organizations in the city attended. 6. On 17 September 2003, PICCR held an open meeting entitled “The Phenomenon of Taking the Law into One’s Own Hands” at the municipal hall in Qalqilya. Sixty representatives of civil society and official institutions in the city attended. 7. On 27 September 2003, PICCR held an open meeting entitled “The Relationship between Local Authorities and the Citizen” at the Aboud Youth Club Ramallah. Thirty-two persons from the village of Aboud attended. 8. On 20 October 2003, PICCR held an open meeting entitled “The Law on the Rights of the Disabled” at the Palestinian General Union of the Disabled in Hebron. Twenty-two representatives of ministries and civil society institutions concerned with the affairs of the disabled attended. 9. On 25 October 2003, PICCR held an open meeting entitled “The Relationship between the Citizen and Local Authorities” at the Jericho municipal hall. Fifty representatives of civil society and official institutions in Jericho attended. Radio Programs During 2003, PICCR carried out the following radio broadcasts: 1. Between 2 and 26 March 2003, Radio Amwaj in Ramallah and Radio Al-Qamar in Jericho broadcast 10 segments entitled “Citizens’ Rights,” produced by PICCR during 2003. The segments dealt with the following subjects: democracy and human rights, the rule of law, the Judiciary, and elections. 2. On 1 May 2003, in commemoration of International Labor Day, PICCR organized an open broadcast over Radio Amwaj in Ramallah. Discussion took place on the following subjects:

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A. The New Palestinian Labor Law and Requirements for Implementation B. Workers’ Rights According to the New Palestinian Labor Law C. Child Labor D. Elections to the General Workers’ Union E. Rights of the Public Employee According to the Civil Service Law

Televised Forums Pursuant to issuing special and legal reports, and with an aim of shedding light on the issues raised in these reports, during 2003 PICCR prepared three televised discussion segments that dealt with the following subjects: Management and Administration of State Lands: Between Practice and the Law; The Separation Wall; and Appointment of Employees to Palestinian Local Authorities: Foundations, Procedures, and Bodies with Jurisdiction. PICCR also organized three televised forums that were attended by the public and dealt with the following subjects: The Status of Citizens’ Rights in the Palestinian National Authority Areas; The Distribution of Aid to Those Harmed by Israeli Attacks; and Medical Errors. Newspaper Advertisements During 2003, PICCR published 145 advertisements in local newspapers. They included the telephone numbers of field researchers and branch offices, and identified the types of complaints followed up by PICCR. Participation in “World Book Day” Supplements PICCR contributed to a special supplement entitled “World Book Day,” issued by Al-Ayyam newspaper on 3 March 2003. The supplement consisted of a three-page compendium of PICCR’s publications during 2002. PICCR also contributed to a second supplement issued by Al-Ayyam on 7 October 2003. This two-page supplement included summaries of the most prominent special and legal reports issued by PICCR from the beginning of the year through 1 October 2003. Participation in a Special Supplement Commemorating Prisoners Day PICCR contributed to a special supplement issued by Al-Ayyam newspaper in commemoration of Palestinian Prisoners’ Day on 17 April 2003. For the purpose of the supplement, PICCR prepared a paper with the rules regarding the treatment of detainees according to the Fourth Geneva Convention of 1949. Posters During 2003, PICCR issued three wall posters. Eleven thousand copies of each were printed and distributed through Al-Ayyam newspaper:

1. Wall poster commemorating World Women’s Day, issued on 8 March 2003. 2. Wall poster commemorating the first anniversary of the incidents in Jenin Camp, issued on 1 April

2003.

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3. Wall poster commemorating the fifty-fifth anniversary of the Universal Declaration of Human Rights, issued on 10 December 2003.

Palestinian Student Agenda In September 2003, PICCR issued a Palestinian student agenda and printed 6,000 copies that were distributed to university students in the West Bank and Gaza Strip. Brochures With the goal of publicizing international agreements, declarations, and standards on human rights, as well as current Palestinian laws, particularly among school and university students, PICCR printed a number of international charters and domestic laws in brochure form during 2003. They were distributed through various activities carried out by PICCR or field researchers, and included the following: The Convention on the Rights of the Child; the Convention on the Elimination of All Forms of Discrimination Against Women; the Requirements of Fair Trial; the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment; the Universal Declaration of Human Rights; Basic Principles of Weapons Use; Standard Minimum Rules for the Treatment of Prisoners and Detainees; the Palestinian Labor Law; the Palestinian Basic Law; and the Judicial Authority Law. 2004 Desk Calendar At the end of 2003, PICCR issued a desk Calendar for 2004. It contained 12 cartoon drawings related to workers’ rights according to domestic laws and international conventions. V. Field Research and Branch Offices PICCR’s complaints department includes: four lawyers, two full-time employees (one in the main office in Ramallah and one in Gaza), and two part-time employees each in the Bethlehem and Nablus branch offices (both of whom were hired during 2003). In addition, six field researchers work for PICCR: four in the West Bank and two in the Gaza Strip, distributed so as to ensure coverage of the West Bank and Gaza cities, villages, and camps. The field researchers receive citizens’ complaints and direct them to the main office or branch offices, where lawyers follow them up with the relevant agencies under the supervision of the legal department director and the director general. With the opening of a PICCR office in Bethlehem in April 2003 and the hiring of a part-time lawyer, along with the hiring of a lawyer to work part-time in the PICCR office in Nablus (which opened in April 2002), it became possible for citizens in the northern and southern governorates of the West bank to visit the PICCR offices and submit their complaints without having to go to the main office in Ramallah. In remote areas, field researchers conduct visits to meet with citizens and receive their complaints. In addition to receiving and passing on complaints, the field researchers also play a central part in carrying out PICCR activities: coordinating public awareness raising activities, distributing publications, and documenting violations against citizens’ rights.

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VI. The Palestinian Human Rights Quarterly and the Monthly Newsletter During 2003, PICCR published four issues of the Palestinian Human Rights Quarterly. The first issue was published in April, the second in July, the third in October, and the fourth in December. PICCR also continued during 2003 to publish and distribute the monthly newsletter that is issued at the end of every month in Arabic and English. The newsletter contains information on activities and projects carried out by PICCR, as well as its press releases. During 2003, PICCR issued 12 monthly newsletters. VII. Capacity Building In implementing its strategic plan for 2002 – 2004, during 2003 PICCR continued to strengthen its capabilities and those of its employees through the following activities: - Strengthening the Institutional Capabilities of PICCR 1. Creation of a Database for Complaints Received and the Israeli Violations Upon request by PICCR, the ‘Asal programming company in Ramallah prepared a database for complaints received and the Israeli violations. Preparation was completed in September 2003, after which the databases were installed on some PICCR computers and four employees were trained in their use. At the year’s end, PICCR started to enter the information into the databases. 2. Filing System Upon request by PICCR, the Masar consulting company in Ramallah prepared a filing system. Training sessions were held for PICCR employees, and PICCR will apply this system in the beginning of 2004. 3. Job Description and Evaluation System Upon request by PICCR, the Masar consulting company in Ramallah prepared standard job descriptions for each PICCR employee, in addition to a putting in place a system for evaluating employees. - Strengthening the Capabilities of Employees 1. Training Courses During 2003, Hussein Abu Hanoud, Sami Jabarein, Musa Abu Dheim, Majed Al-Abadi, and Mazen Shaqurah participated in training courses on the subjects of human rights and international humanitarian law held in Sweden, Denmark, Tunisia, Lebanon, and Hungary. 2. Training in Writing Skills and Project Preparation A team from the legal and administrative department of the main office in Ramallah participated in two training courses organized by the Masar consulting company at the PICCR headquarters in Ramallah for training in writing skills and preparing project drafts. The courses were held during August and September 2003; the first course was 30 hours, and the second was 15 hours. 3. English Language Skills Musa Abu Dheim, Maen Ideis, Majed Al-Aruri, Fatin Bolifa, Majed Al-Abadi, and Sami Jabarein participated in intensive English language courses held by Amideast in Ramallah. 4. Trip by the Assistant to the Grievances Commissioner in New Zealand, Mervin Singham For the purpose of enhancing the professional qualifications of employees in the complaints department, as well as bringing to fruition the manual for complaints handling mechanism during September 2003

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PICCR hosted the Assistant to the Grievances Commissioner in New Zealand, Mervin Singham. In this framework, two workshops were held, the first in the West Bank and the second in Gaza. They were attended by legal consultants in ministries, institutions, and security agencies, as well as by members of the Legislative Council. Mr. Singham also met with the complaints department employees in the West Bank and Gaza, where discussions took place on issues that must be included within the manual. VIII. Networking and Public Relations Activities During 2003, PICCR focused its efforts on strengthening its relationship with the United Nations agencies and the national human rights institutions in various countries. 1. Networking with United Nations Agencies A. Parallel Reports to the Treaty Monitoring Committees PICCR coordinated the work of (13) Palestinian civil society organizations to prepare parallel reports to two United Nations committees: the Committee on Economic, Social, and Cultural Rights (CESCR) and the Human Rights Committee (HRC). When a state is a signatory to one of the six international human rights agreements, it is bound to submit periodic reports to the committee established according to the agreement for the purpose of carrying out that agreement’s text. The committee examines the reports of member states, alongside information from nongovernmental and other institutions, in the presence of a delegation from the state presenting the report. The committee then presents its “Concluding Remarks” and issues specific recommendations to the state regarding future conduct. Nongovernmental institutions may also present information on human rights violations in a specific country to the relevant committee in order to complete the information submitted by the state. National human rights institutions, such as PICCR, have a role to play in this process. Section 1, article 3, of the Paris Principles (the principles related to the status and functions of national institutions for protecting human rights)1 stipulates the following:

A national institution shall, inter alia, have the following responsibilities: (a) To submit to the Government, Parliament and any other competent body . . . opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights . . . . [These] shall relate to the following areas: . . . (iii) The preparation of reports on the national situation with regard to human rights in general, and on more specific matters . . .

According to section 3 (Methods of Operation), article 7, of the Paris Principles: “[The] national institution shall . . . develop relations with the nongovernmental organizations devoted to promoting and protecting human rights.” Based on these texts, PICCR decided to support coordination between the nongovernmental organizations that sent their reports on Israeli violations in the Occupied Palestinian Territories to the international treaty monitoring bodies responsible for implementing these agreements. In 2003, the two committees examined the periodic reports on Israel:

1 The principles regulating the work of PICCR, in its capacity as the national human rights institution in Palestine.

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• United Nations Human Rights Committee: This committee oversees application of the International Covenant on Civil and Political Rights. It was to have met from 17 to 18 March 2003, but the meeting was postponed until 24 to 25 July 2003.

• United Nations Committee on Economic, Social, and Cultural Rights: This committee oversees application of the International Covenant on Economic, Social, and Cultural Rights. It met from 14 to 15 May 2003.

PICCR organized a number of meetings with local civil society organizations in the West Bank and Gaza Strip for the purpose of preparing joint reports to the aforementioned committees: two preparatory meetings in Ramallah and Gaza at the beginning of January 2003, and four follow-up meetings in Ramallah in February, March, April, and June 2003. The aim of these meetings was to discuss draft reports, prepare for meetings of the two committees, and put follow-up mechanisms in place. Thirteen nongovernmental organizations took part in drafting the report presented to the Human Rights Committee,2 and 12 took part in drafting the report presented to the Committee on Economic, Social, and Cultural Rights.3 PICCR gathered information from civil society institutions according to their areas of expertise, classified this information according to the committees’ criteria, and edited the report. Following final approval from the nongovernmental organizations, PICCR sent copies of the report to the members of the two committees in Geneva. The report sent to the Human Rights Committee in March 2003 was 128 pages, and its summary was 16 pages. In June 2003, that summary was reviewed and developed further, expanding it to 37 pages in length.4 The report to the Committee on Economic, Social, and Cultural Rights was 128 pages, and its summary was 33 pages.5 The reports and summaries include violations, classifying them according to articles of the relevant agreements and including explicit recommendations to members of the two committees. PICCR presented a statement on 5 May 2003, during a meeting of the Committee on Social, Economic, and Cultural Rights in Geneva. It also participated in two days of discussions on the Israeli violations (15 and 16 May 2003). In their preparations for this meeting, PICCR and other nongovernmental organizations6 held a meeting with committee members, public meetings to discuss work agendas, and a press conference. In its concluding remarks, the committee adopted a number of recommendations mentioned in the parallel report prepared by PICCR; these pertained to the living conditions of Palestinians as a result of closures, curfew, checkpoints, the “security” wall, house demolitions, restrictions on residency rights, and confiscation of Palestinian property and resources in the occupied territories.

2 Addameer, Palestinian Agricultural Relief Association, Center for Palestinian Residency and Refugee Rights (Badil), Defense for Children International/Palestine section, Democracy and Workers Rights Center, Gaza Community Mental Health Programme, Mandela Institute for Human Rights, National Society for Rehabilitation in Gaza Strip, Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH), Palestine Red Crescent Society, Solidarity International for Human Rights, Treatment and Rehabilitation Center for Victims of Torture, and Women’s Center for Legal Aid and Counseling. 3 Palestinian Agricultural Relief Association, Center for Palestinian Residency and Refugee Rights (Badil), Defense for Children International/Palestine section, Democracy and Workers Rights Center, Gaza Community Mental Health Programme, Mandela Institute for Human Rights, Palestinian Human Rights Monitoring Group, Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH), Palestine Red Crescent Society, Palestinian Society for the Protection of Human Rights and the Environment (LAW), Treatment and Rehabilitation Center for Victims of Torture, and Women’s Center for Legal Aid and Counseling. 4 See this document on the PICCR Website at http://www.piccr.org/un/hrc.pdf. 5 See the report at http://www.piccr.org/un/shadow2.pdf, and the summary at http://www.piccr.org/un/summary-shadow.pdf. 6 Adalah, Badil, LAW, the Center for Economic and Social Rights, Habitat International, the Arab Association Union for Human Rights, the Regional Council of Unrecognized Villages in the Negev, and the World Organization Against Torture.

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During the meeting of the Human Rights Committee in Geneva, PICCR participated in two days of discussions on Israeli violations (24 and 25 July 2003). On 23 July, PICCR and other nongovernmental organizations7 organized a working lunch with committee members and a meeting with the press. On both of these occasions, PICCR explained the latest developments pertaining to the separation wall. B. United Nations Commission on Human Rights PICCR presented a statement to the United Nations Commission on Human Rights on 16 April 2003 under clause 18(b) of the charter, “National Institutions.” The statement focused on the authority bestowed upon PICCR, the challenges that it faces, its successes, and its latest recommendations to the Palestinian National Authority.8 A number of national human rights institutions welcomed this statement, and press statements issued by the United Nations made reference to it.9 C. United Nations Special Rapporteurs PICCR strengthened its relationship with the Special Representative to the United Nations Secretary General on Human Rights Defenders, Ms. Hana Jilani; the United Nations Special Rapporteur on the right to food, Mr. Jean Ziegler; and the United Nations Special Rapporteur on Human Rights in the occupied Palestinian territories, Mr. John Dugard. On 10 June, PICCR sent a letter to the United Nations Special Rapporteur on the Right to Food, Mr. Jean Ziegler, signed by 14 domestic and international nongovernmental organizations, on issues that needed to be examined during his visit.10 PICCR also coordinated between 10 nongovernmental organizations to prepare a comprehensive report on the violation of the right to food and water in the occupied Palestinian territories, which was sent to the special rapporteur on 26 June 2003.11 In addition, PICCR hosted two meetings with Palestinian nongovernmental organizations during Mr. Ziegler’s visit on Saturday, 5 July, on the general human rights situation in the occupied Palestinian territories and Palestinian detainees’ right to food. Finally, PICCR met with the assistant to the Special Rapporteur in Geneva at the end of July 2003, and exchanged information on the “security” wall. PICCR sent information to Ms. Hana Jilani on violations of the rights of human rights defenders in Palestine, and it held a meeting with her on 15 April 2003 in Geneva on the role of PICCR in this regard. PICCR was selected, in its capacity as a national institution, to host a meeting with Mr. John Dugard, the United Nations Special Rapporteur on Human Rights in the Occupied Palestinian territories. The meeting, which was held on 25 June 2003, included representatives of Palestinian human rights institutions. On this occasion, PICCR informed the Special Rapporteur of the latest developments pertaining to the “security” wall and the situation of human rights defenders in Palestine. D. The United Nations Committee on the Exercise of the Inalienable Rights the Palestinian People In February 2003, PICCR applied for membership to the United Nations Committee on Inalienable Rights the Palestinian People and was granted “special membership” on 1 July 2003. The committee is Composed of 25 member states, as well as 21 additional states with observer status. The Committee

7 Amnesty International, Human Rights Watch, the Public Committee Against Torture in Israel, LAW, and the International Union for Human Rights. 8 This statement is available on the PICCR Website at http://www.piccr.org/un/unhuman.pdf. 9 See, for example: http://www.unhchr.ch/huricane/huricane.nsf/0/D91B1C6E35743DB5C1256D0B0025B04D?opendocument http://www.reliefweb.int/w/rwb.nsf/0/050847d7ddd9363a85256d0b00704345?OpenDocument. 10 Available on the PICCR Website at http://www.piccr.org/un/ziegler.pdf. 11 Available on the PICCR Website at http://www.piccr.org/un/food.pdf.

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exercises oversight over matters related to the Palestinian issue and the reports presented to the General Assembly and the Security Council. 2. Networking with National Human Rights Institutions - At the end of 2002, PICCR applied for membership to the Asia Pacific Forum of National Human Rights Institutions (APF). The forum is a nonprofit organization that works through regional cooperation to form and develop national institutions for the sake of protecting and promoting human rights for the region’s peoples.12 Following up on its membership request, PICCR presented a statement to the forum members in Geneva on 14 April, affirming its commitment to the Paris Principles, and held a meeting with APF Director Mr. Kieren Fitzpatrick. PICCR’s request was to have been reviewed at the forum’s annual meeting in Katmandu, Nepal, from 22 to 24 September 2003, but the meeting was postponed. - A PICCR representative participated in the annual meeting of the International Coordinating Committee of National Human Rights Institutions (ICC), held in Geneva, Switzerland, from 14 to 15 April 2003. The ICC is the representative body for national human rights institutions, established for the purpose of founding and supporting institutions subject to the Paris Principles. The Committee encourages coordination of joint activities and cooperation between these institutions, organizes international conferences, coordinates with the United Nations and other international institutions, and helps governments establish national human rights institutions. During the meeting, PICCR representatives met with representatives of national human rights institutions from various countries from all over the world. They exchanged views, and examined areas of cooperation, PICCR representatives also attended a session on the Paris Principles. 3. The PICCR Internet Website PICCR modernized its Internet Website and reorganized the site’s various sections. In March, all PICCR documents (more than 130 in number) were posted on the Website, and new services were added, such as lists of contact information, models for filing complaints, etc. New sections were also created, such as job vacancies, a site map, and electronic links. All of these changes were made to simplify Website use, enable a clearer understanding of PICCR’s activities and its mandate. IX. The PICCR Library PICCR’s library is one of the national specialized libraries in the fields of human rights, law and democracy. PICCR has endeavored since the library’s establishment to highlight its specialization in acquisitions, resources, and catalogues, as well as to offer its services to researchers through the best, quickest means. The library’s resources include books, periodicals, specialized references, encyclopedias, dictionaries, international documents, audio-visual materials, and a computerized law databases. The library’s acquisitions focus on the following subjects: human rights, the branches of international law, civil society and democracy, good governance, the independent Judiciary and separation of the powers, and crime and criminal science. The number of acquisitions is increasing continually, all the while becoming more modernized and specialized. By the close of 2003, the number of acquisitions had exceeded 5,000 titles, and the library is electronically catalogued with the CDS/ISIS program. Additionally, PICCR has a branch library in Gaza that is connected to the catalog of its main library in Ramallah.

12 See the APF Website at http://www.apf.hreoc.gov.au/.

CHAPTER 1

ISRAELI VIOLATIONS OF PALESTINIAN CITIZENS’ RIGHTS

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Introduction The Israeli occupation forces continued their violations of Palestinian citizens’ rights during 2003. Both armed and unarmed Palestinian resistance was countered with the excessive and disproportionate use of force against civilians. Israeli forces used heavy weaponry such as F-16 fighter jets, combat helicopters, tanks, and machine guns, killing hundreds and injuring thousands. These forces demolished hundreds of houses and committed extra-judicial executions. Moreover, settlement expansion continued along with the requisite land expropriation. Thousands of Palestinians were arrested during the year, and severe siege and closure, as well as curfews, were imposed on the Palestinian territories for extended periods. Israeli settlers participated in assaults against Palestinians and their property. Israeli forces continued to invade areas under complete Palestinian control (Areas A) in the West Bank under the pretext of pursuing Intifada activists and dismantling terrorist infrastructure. They also intensified their successive incursions into the Gaza Strip. The most prominent of these incursions were launched against Beit Hanoun, on 15 May; Al-Mighraqeh village/south of Gaza City, on 27 June; and Rafah Camp, on 23 December. During 2003 Israeli forces also continued their assassination operations against Palestinians, among them prominent leaders of Palestinian factions, especially Hamas and Islamic Jihad. These assassination operations resulted in an increase in civilian deaths. Among those targeted was Dr. Abdel Aziz Rantisi, one of the prominent leaders of Hamas, who escaped an assassination attempt on 10 June. Sheikh Ismail Abu Shanab, 53, was assassinated on 21 August. On 10 September, the occupation forces attempted to assassinate Dr. Mahmoud Al-Zahar, and this attempt resulted in the death of Al-Zahar’s son and one of his companions. On 6 September, the occupation forces attempted to assassinate Sheikh Ahmad Yasin and Ismail Hanieh by bombarding their location with a bomb launched by an F-16 fighter jet, destroying the house and damaging a number of neighboring houses. Following the two bombing operations in Jerusalem and the Tserefim military camp near Al-Ramla on 9 September, the Israeli government on 11 September decided in principle to remove President Yasser Arafat (by exiling or killing him). This decision was made under the pretext that he is responsible for bombing or armed operations inside Israel or against the settlements, as well as under the pretext that he is an obstacle to peace. This unjust decision came approximately two years after President Arafat was isolated and besieged in the Muqata’a headquarters in Ramallah. During 2003 Israel hastened to build the Separation Wall around and deep into the occupied Palestinian territories in the West Bank, and a section of the wall envelops Jerusalem. The Wall—at this stage as well as upon its completion—carries destructive, long-term ramifications for the various aspects of Palestinian citizens’ lives and rights, both individually and as a nation. In this chapter, PICCR addresses the most prominent Israeli violations of Palestinian citizens’ rights during 2003. By doing so, it reaffirms the gravity of these violations, as well as its conviction that the fundamental violation of citizens’ rights is the continued Israeli occupation of the Palestinian territories. PICCR presents these violations without claiming to provide comprehensive coverage. This chapter addresses Israeli violations within five main sections. The first section treats the legal situation of the Palestinian territories; the second section treats Israeli violations of the right to life, physical well-being, and personal security; the third section treats Israeli violations against freedoms; the fourth section treats Israeli violations against civilian property; and the fifth section treats Israeli violations against the right to freedom of movement and the effects this has on the various aspects citizens’ lives.

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The chapter concludes with a brief analaysis of the occupation forces’ liability for these violations according to international law.

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I. The Legal Status of the Occupied Palestinian Territories The Declaration of Principles was signed between the Israeli government and the Palestine Liberation Organization (PLO) in Washington, D.C., on 13 September 1993. The agreement was made on the basis of United Nations Security Council Resolutions 242 and 338. Israel and the PLO then signed the Gaza-Jericho Agreement in 1994, the Interim Agreement on the West Bank and Gaza Strip in 1995, and the Hebron Agreement in 1997. In 1998, Israel and the PLO signed the Wye River Memorandum on further Israeli redeployment from the West Bank. The two parties later signed the Sharm Al-Sheikh Memorandum on implementation of the Wye River Memorandum in 1999. They also held intense discussions during the period between March and June 2000 and met at Camp David in July of the same year, yet they were unable to reach an agreement on a final solution to all aspects of the Palestinian problem. The Al-Aqsa Intifada then erupted on 29 September 2000 and was continuing as of the end of 2003. In accordance with these agreements, the Palestinian Authority has complete control over 18 percent of the Palestinian territories occupied in 1967, which are classified as Areas A. The Palestinian Authority has civil authority in Areas B, which comprise 21 percent of the territories occupied in 1967, while sharing security control with Israel. The largest percent of the occupied territories, which are known as Areas C, as well as East Jerusalem, remain under complete Israeli control. The Palestinian Authority does not have any jurisdiction in Areas C or occupied East Jerusalem, other than limited authority over Palestinian residents. With its reoccupation of West Bank cities since the beginning of 2002, however, along with its repeated attacks and incursions in various regions of the Gaza Strip, the Israeli government effectively canceled the distinctions delineated in the Oslo Accords between Areas A, B, and C. All areas of the West Bank (with the exception of Jericho, and Bethlehem since the beginning of August 2003) have been under complete security control by the occupation forces til the end of 2003. Regardless of the different classifications of Palestinian territories and the different powers associated with each as per the agreements ratified by the Palestinians and the Israeli government, the West Bank, including East Jerusalem, and the Gaza Strip remain under occupation according to international law. Israel’s fundamental legal obligation, as the occupying power in the Palestinian territories, is the effective application of the Fourth Geneva Convention until the occupation ceases in all areas of the West Bank, including East Jerusalem, and the Gaza Strip. This was affirmed in the statement of the Conference of the High Contracting Parties to the Fourth Geneva Convention, which was held in Geneva on 5 December 2001. This declaration asserts that the High Contracting Parties are deeply concerned over the deteriorating humanitarian conditions of civilians, especially children, in the Occupied Palestinian Territories. It also calls for impartial international observers in the Occupied Palestinian Territories to ensure the application of the Fourth Geneva Convention.1 The United Nations has also issued a series of resolutions condemning the Israeli occupation and affirming the obligation of Israel, as an occupying power, to abide by the Fourth Geneva Convention and the First Additional Protocol of 1977. Prominent among these resolutions is the General Assembly resolution of 20 December 2001.2

1 The statement is available online at http://www.reliefweb.int/w/rwb.nsf/UNID/. 2 Two resolutions were issued at this session. The first demands a halt to acts of violence and recommends the deployment of international observers in the Palestinian areas. The second demands that Israel, as the occupying power, immediately halt killing, torture, and destruction of property in the occupied territories.

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II. Violations of the Right to Life, Physical Safety, and Personal Security The Use of Excessive and Lethal Force against Palestinian Civilians The Israeli military’s use of lethal force against Palestinians during 2003 resulted in the death of no fewer than 627 Palestinians, among them 123 children and 17 women. Sixty-seven people were assassinated or killed willfully, and 50 were killed in operations they initiated against Israelis, whether in the Palestinian territories which were re-invaded or within Israeli settlements. In addition, 26 Palestinians blew themselves up while attacking Israeli targets, and 24 Palestinians were killed under ambiguous circumstances. More than 2,000 Palestinians were injured during 2003.3 Extra-Judicial Executions (Assassinations and Willful Killings) The Israeli occupation forces continued their extra-judicial executions and willful killings of Palestinian activists during 2003. Sixty-seven Palestinians were assassinated or killed willfully by the Israeli forces. Their names are as follows: 1. Rami Mustafa Abu Baker, 24, of Jneid village/Nablus He was killed on 13 January, when the car he was driving was bombarded near the village of Jneid/Nablus. 2. Fayez Sabri Fayez Jaber, 30, of Tulkarem He was killed on 31 January, when he was fired upon in central Tulkarem city. 3. Iyad Khalil Muhammad Musa (Abu Al-Leil), 21, of Jenin Camp He was killed on 31 January, when he was hit by live ammunition during the storming of the place where he was located near the Civil Defense building in Jenin. 4. Mufid ‘Awad Al-Bul, 21, of Al-Zeitoun neighborhood/Gaza 5. Iyad Faraj Shaldan, 23, of Al-Zeitoun neighborhood/Gaza 6. Akram Fahmi Nassar, 32, of Al-Shuja’ieh neighborhood/Gaza 7. Muhammad Ismail Sulmi, 24, of Al-Zeitoun neighborhood/Gaza 8. Ayman Ibrahim Yousef Muhana, 30, Al-Karama Towers/Gaza 9. Nidal Fathi Farhat, 32, of Al-Shuja’ieh neighborhood/Gaza All six were killed on 16 February, when they were hit by shrapnel from the explosion of dynamite that the Israeli army had one of their agents place in a glider being transported to Gaza City. 10. Riyad Hussein Abu Zeid, 33, of Al-Bureij Camp/Central Gaza Governorate 3 Regarding those injured, see the report of the Red Crescent Society, available on their Website at www.palestinercs.org.

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He was killed on 17 February, when he was hit by live ammunition after his car was targeted on the Gaza–Nusseirat Road, near the Netzarim settlement, south of Gaza City. 11. Muhammad Suleiman Badawi Al-Mur, 28, of Yatta/Hebron He was killed on 18 February, when he was hit by live ammunition after his house was stormed in the village of Yatta/Hebron. 12. Ahmad Khaled Najjar Shurafa, 23, of Shweika/Tulkarem He was killed on 22 February, when he was hit by live ammunition after being detained near the village of Shweika/Tulkarem. 13. Ibrahim Ahmad Khaled Al-Maqadmeh, 52, of Al-Nasr neighborhood/Gaza 14. ‘Ala` Muhammad Al-Shukri, 30, of Al-Tufah neighborhood/Gaza 15. Abdel Rahman Zuheir Abdel Rahman Al-Amoudi, 28, of Al-Shati` Camp/Gaza 16. Khaled Hasan Jum’ah, 32, of Jabalya/Northern Gaza Governorate They were killed on 8 March, when they were hit by missile shrapnel when their car was bombarded in central Gaza City. 17. Wathiq Ahmad Ighbariyyeh, 18, of Jenin Camp 18. Rabi’ Hasan Al-Sharqawi, 17, of Al-Zababdeh village/Jenin 19. Osama Ribhi Abu Khalil, 15, of ‘Attil village/Tulkarem 20. Ibrahim Omar Husni Manzil, 20, of ‘Attil village/Tulkarem They were killed on 14 March, when they were hit by live ammunition after they were arrested in one of the houses in Jenin Camp. The nature of their wounds revealed that they were fired upon at close range. 21. Nadir Ibrahim Salameh Jawarish, 26, of Aida Camp/Bethlehem 22. ‘Ala` Al-Din Hasan Muhammad ‘Ayyad, 25, of Aida Camp/Bethlehem 23. Muwafaq Abdel Razeq Muhammad Badwan, 40, of Aida Camp/Bethlehem All three were killed on 25 March, when they were hit by live ammunition when their car was targeted in central Bethlehem. 24. Bader Abdel Ra`ouf Yasin, 23, of Salfit He was killed on 7 April, when he was hit by live ammunition when Israeli Special Forces targeted him in Salfit. 25. Sa’d Musa’id Al-'Arabid, 35, of Al-Shati` Camp/Gaza 26. Ashraf Abdel Rahim Al-Halabi, 25, of Al-Shati` Camp/Gaza

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Both were killed on 8 April, when the car that they were driving was bombarded in the neighborhood of Asqulah, central Gaza City. The assassination operation resulted in the deaths of eight other citizens who happened to be in the spot of the bombardment. 27. Mahmoud Saqer Ragheb Al-Zatmeh, 47, of Rafah He was killed on 10 April, when the car that he was driving was bombarded in the neighborhood of Al-Nasr in Gaza City. 28. Nidal Muhammad ‘Oudeh Salameh, 35, of Khan Younis Camp He was killed on 29 April, when the car that he was driving was bombarded in the city of Khan Younis. 29. Amin Fadil Manzelawi, 28, of ‘Askar Al-Jadid Camp/Nablus He was killed on 7 May, when the house where he was located was bombarded in the village of Zawata/Nablus. 30. Iyad ‘Issa Al-Beik, 28, of Jabalya Camp/Northern Gaza Governorate He was killed on 8 May, when the car that he was driving was bombarded in central Gaza City. 31. Muhammad Jihad Al-Qidreh, 24, of Al-Qararah village/Khan Younis He was killed on 29 May, when he was hit by live ammunition to the head and chest after being detained in his house in the village. 32. Adel Muhammad Hadaydeh, 25, of Khan Younis Camp 33. Hani Ahmad Abdel Fatah Kharyoush, 26, of Khan Younis Camp Both were killed on 5 June, when they were hit by live ammunition after the house where they were located was besieged in the village of ‘Attil/Tulkarem. 34. Tito (Muhammad) Mahmoud Mas’oud, 37, of Jabalya Camp/Northern Gaza Governorate 35. Suheil Nu’man Abu Nahel, 36, of Al-Shati` Camp/Gaza Both were killed on 11 June, when the car they were in was bombarded in the neighborhood of Al-Shuja’ieh/Gaza. Six other people were also killed as a result of this assassination operation. 36. Yasser Muhammad Saleh Taha, 31, of Al-Bureij Camp/Central Gaza Governorate He was killed on 12 June, when the car that he was driving was bombarded in central Gaza City. Seven other persons were also killed as a result of this assassination operation.

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37. Muhammad Adel Daghmash, 23, of Tal Al-Hawa/Gaza 38. Rawi Na’im Abu Kamil, 22, of Al-Zeitoun neighborhood/Gaza Both were killed on 12 June, when the car that they were driving was bombarded in the neighborhood of Al-Zeitoun/Gaza. 39. Saleh Suleiman Jaradat, 34, of Al-Sila Al-Harthieh/Jenin He was killed on 12 June, when he was targeted by live ammunition fired by members of an Israeli Special Forces Unit after they besieged the house where he was in Jenin. 40. Fouad Yousef Al-Liddawi, 26, of Jabalya/Northern Gaza Governorate He was killed on 13 June, when the car that he was driving was bombarded in the neighborhood of Al-Zeitoun/Gaza. 41. Abdullah Abdel Qader Al-Qawasmi, 39, of Hebron He was killed on 21 June, when he was hit by live ammunition after being detained by an Israeli Special Forces Unit in Hebron. 42. Mahmoud Ahmad Shawer, 31, of Qalqilya He was killed on 1 July, when he was hit by live ammunition to the head after being detained in his house in Al-Naqar neighborhood/Qalqilya. 43. Nihad Rizeq Muhammad Qasem, 27, of Tulkarem He was killed on 4 August, when he was hit by live ammunition after being detained in the Kafriyat area, south of Tulkarem. 44. Fayez Farid Hamed Al-Sader, 27, of Askar Al-Qadim Camp 45. Khamis Yousef Abu Salem, 41, of Askar Al-Qadim Camp They were killed on 8 August, when they were hit by shrapnel from a missile targeting their location in a house in Askar Al-Qadim Camp/Nablus. 46. Muhammad Ayoub Seder, 25, of Hebron He was killed on 14 August, when he was hit by shrapnel from shelling targeting his location in Hebron. 47. Ismail Hasan Abu Shanab, 53, of Al-Sheikh Radwan neighborhood/Gaza 48. Hani Majed Abu Al-‘Omrein, 23, of Al-Sheikh Radwan neighborhood/Gaza

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49. Mu`men Muhammad Baroud, 24, of Al-Shati` Camp/Gaza They were killed on 21 August, when the car they were in was bombarded in central Gaza City. 50. Ahmad Rushdi Mustafa Ishtewi, 24, of Al-Zeitoun neighborhood/Gaza 51. Wahid Hamed Subhi Al-Homs, 21, of Yabna Camp/Rafah 52. Muhammad Kan’an Abdel Hay Abu Libdeh, 23, of Brazil neighborhood/Rafah 53. Ahmad Muhammad Abu Helal, 23, of Yabna Camp/Rafah They were killed on 24 August, when they were hit by shrapnel from a missile targeting their car in Al-Sheikh ‘Ijlin neighborhood/Gaza. 54. Hamdi Hasan Kalakh, 36, of Khan Younis He was killed on 28 August, when he was hit by shrapnel from a missile targeting him while he was riding in a cart in central Khan Younis. 55. Abdullah Ibrahim Ali Aqel, 37, of Al-Bureij Camp/Central Gaza Governorate 56. Farid Yousef Meit, 40, of Al-Bureij Camp/Central Gaza Governorate They were killed on 30 August, when they were hit by shrapnel from a missile targeting the car they were driving near Al-Bureij Camp. 57. Khader Badawi Al-Husari, 36, of Al-Shuja’ieh neighborhood/Gaza He was killed on 1 September, when the car he was driving was bombarded in central Gaza City. 58. Khaled Muhammad Mustafa Ma’soud, 26, of Jabalya Camp/Northern Gaza Governorate He was killed on 6 September, as a result of injuries sustained on 26 August, when the car he was in was bombarded in the city of Jabalya. 59. Ahmad Fawzi Abdel Latif Abu Dosh, 25, of Doura/Hebron He was killed on 16 September, when he was hit by live ammunition after being detained in his house in the township of Doura/Hebron. 60. Jihad Izat Abu Sweireh, 34, of Nusseirat Camp/Central Gaza Governorate He was killed on 18 September, when the house he was in was bombarded in Nusseirat Camp. 61. Mazen Yousef Salameh Mubarak, 34, of Shweikeh/Tulkarem He was killed on 1 October, when he was targeted by a Special Forces unit of the Israeli army.

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62. Sirhan Burhan Sirhan, 21, of Tulkarem Camp He was killed on 4 October, when he was hit by live ammunition when his car was targeted in Tulkarem Camp. 63. Khaled Ghazi Al-Masri, 23, of Al-Daraj neighborhood/Gaza 64. Iyad Fa’eq Al-Hilu, 22, of Al-Shuja’ieh neighborhood/Gaza They were killed on 20 October, when they were hit by shrapnel from a missile targeting their car in central Gaza City. 65. Ahmad Atiyeh Khamis, 28, of Qalqilya He was killed on 22 October, when he was hit by live ammunition after being detained in the neighborhood of Kafr Saba/Qalqilya. 66. Muqled Humeid Humeid, 40, of Jabalya Camp/Northern Gaza Governorate 67. Nabil ‘Awad Al-Sharihi, 31, of Al-Nusseirat Camp/Central Gaza Governorate They were killed on 25 December, when they were hit by shrapnel from a missile targeting their car in northern Gaza City. Extra-judicial executions (whether assassinations or willful killings) constitute blatant violations of international humanitarian law, including Article 147 of the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, which regards extra-judicial killing as a grave breach of the convention. Grave breaches, in turn, are regarded as war crimes according to the 1998 Rome Statute of the International Criminal Court. The Rome Statute of this court defines war crimes as: “any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (i) Willful killing; . . . b/(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects . . . ; b/(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defense, has surrendered at discretion; . . . c/(iv) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable; . . . e/(ix) Killing or wounding treacherously a combatant adversary.” Killing and Injury of Palestinian Children No fewer than 123 Palestinian children were killed at the hands of the Israeli occupation forces and settlers during 2003, and scores of children were wounded. The names of the children who were killed and the circumstances of the killings are listed below: - Muhammad ‘Attiyeh Abdel Aziz Dawas, 14, of Jabalya Camp/Northern Gaza Governorate - Tariq Ziad Muhammad Dawas, 16, of Jabalya Camp/Northern Gaza Governorate - Jihad Jum’ah Ahmad Abed, 14, of Jabalya Camp/Northern Gaza Governorate

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They were killed on 1 January, when they were hit by live ammunition while on a farm near the Eli Sinai settlement, northern Gaza Strip. - Tariq Mahmoud Abu Jadou, 17, of Aida Camp/Bethlehem He was killed on 9 January, when he was hit by a live bullet to the stomach at the door of his house during the occupation forces’ incursion into the camp. - Ali Talab Al-Aziz, 8, of Brazil neighborhood/Rafah He was killed on 26 January, when he was hit by shell shrapnel at the door of his house during the occupation forces’ incursion into the neighborhood and shelling of citizens’ houses. - Mustafa Ibrahim Adwan, 10, of Al-Qarareh village/Khan Younis He was killed on 8 February, when he was hit by a live bullet to the head at the door of his house during the occupation forces’ incursion into the village. - Hasan Majdi Al-Ghoul, 8, of Qalqilya He was killed on 11 February, when he was hit by a live bullet to the chest while on a street in Qalqilya during the occupation forces’ incursion into the city. - Aref Omar Besharat, 13, of Tamoun village/Jenin He was killed on 5 February, when he was hit by a live bullet to the head at the door of his house during the occupation forces’ incursion into the village. - Muhammad Rabi’ Al-Sabir, 15, of Nablus He was killed on 19 February, when he was hit by a live bullet to the chest while on a street in the old city of Nablus during the occupation forces’ incursion into the city. - Muhammad Ramadan Al-Kahlout, 16, of Jabalya Camp/Northern Gaza Governorate He was killed on 23 February, when he was hit by a live bullet to the chest during the occupation forces’ incursion into Beit Hanoun/Northern Gaza Governorate. - Muhammad Mahmoud Abu Zahir, 16, of Khan Younis He was killed on 23 February, when he was hit by a live bullet to the heart while with a number of youths on a football playing field in Khan Younis. They were fired upon from a nearby military checkpoint.

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- Nasr Samer Ja’arah, 14, of the old city of Nablus He was killed on 23 February, when he was hit by a live bullet to the head while on a street in the old city of Nablus with a number of youths. The occupation forces invaded the area and opened fire on them. - Ahmad Khalil Abu ‘Alwan, 12, of Tal Al-Sultan neighborhood/Rafah He was killed on 25 February, when he was hit by shrapnel that targeted citizens’ houses in the neighborhood. - Abdel Rahman Mustafa Jadallah, 9, of Khan Younis Camp He was killed on 2 March, when he was hit by a live bullet to the chest while participating in the funeral of two Palestinians from the camp who were killed. - Tareq Muhammad ‘Aqel, 17, of Al-Bureij Camp/Central Gaza Governorate He was killed on 3 March, when he was hit by shell shrapnel that targeted citizens’ houses in the camp. - Ihab Muhammad Nabhan, 14, of Jabalya city/Northern Gaza Governorate - Tha`er Jaber Rihan, 13, of Jabalya city /Northern Gaza Governorate - Hamzeh Jebril Qarmout, 17, of Jabalya city /Northern Gaza Governorate - Maher Ahmad Al-Najjar, 14, of Jabalya Camp/Northern Gaza Governorate They were killed on 6 March, when they were hit by missile shrapnel targeting citizens’ houses in the city of Jabalya. - Baker Muhammad Hawash, 16, of Ra`s Al-Ein/Nablus He was killed on 6 March, when he was hit by a live bullet to the chest at the door of his house as occupation forces made an incursion and opened fire on citizens. - Ilham Ziad Hasan Al-Assar, 3, of Nusseirat Camp/Central Gaza Governorate - Omar Hasan Darwish, 13, of Nusseirat Camp/Central Gaza Governorate - Omar Tawfiq Abu Yousef, 17, of Nusseirat Camp/Central Gaza Governorate They were killed on 17 March, when they were hit by shrapnel targeting citizens’ houses in the camp. - Ahmad ‘Imad Fayez ‘Abahreh, 15, of Jenin He was killed on 24 March, when he was hit by a live bullet to the head while throwing stones at occupation forces in the city. - Christine George Sa’adeh, 13, of Bethlehem

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She was killed on 25 March, when she was hit by a live bullet while in the city centre during the assassination of Nadir Jawarish. - Hakam Bassam Nassar, 12, of Jenin He was killed on 25 March, when he was hit by a live bullet to the pelvis while throwing stones at occupation forces in the city. - Amr Musa Matar, 14, of Qalandia Camp/Jerusalem He was killed on 2 April, as a result of injuries sustained on 28 March while throwing stones at occupation forces at the Qalandia checkpoint/Jerusalem. - Jihad Abdel Aziz Abdel Ru`ouf Nazzal, 14, of the Nazzal neighborhood/Qalqilya He was killed on 3 April, when he was hit by a live bullet to the chest while in his house during the occupation forces’ invasion of the neighborhood. - Yousef Riyad Abu Nadi, 16, of Al-Maghazi Camp/Central Gaza Governorate He was killed on 6 April, when he was hit by live ammunition while at the door to his house during the occupation forces’ invasion of the camp. - Talib Jum’ah Badriyeh Shamlakh, 17, of Al-Sheikh ‘Ijlin neighborhood/Gaza He was killed on 7 April, when he was hit by a live bullet to the abdomen while near the Netzarim settlement, south of Gaza City. - Sami Hasan Qasim, 17, of Al-Zeitoun neighborhood/Gaza - Ahmad Khamis Al-Ashram, 13, of Al-Zeitoun neighborhood/Gaza Both were killed on 8 April, when they were hit by missile shrapnel during the assassination operation targeting Sa’d Al-Arabid in central Gaza City. - Ahmad Rashad Abu Al-Qumsan, 16, of Jabalya/Central Gaza Governorate He was killed on 9 April, when he was hit by a live bullet to the chest during the occupation forces’ invasion of Salah Al-Din Street, east Jabalya. - Yousef Abdel Razek Yehya, 16, of Tulkarem He was killed on 17 April, when he was hit by a live bullet to the head while throwing stones at occupation soldiers during their invasion of Tulkarem. - Mahmoud Ahmad Abu Koush, 15, of Rafah

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He was killed on 19 April, when he was hit by a live bullet to the abdomen during the occupation forces’ invasion of Yabna Camp/Rafah. - Muhammad Ibrahim Al-Hamaydeh, 14, of Al-Shaburah/Rafah He was killed on 19 April, when he was hit by a live bullet to the abdomen during the occupation forces’ invasion of Yabna Camp/Rafah. - Abdel Rahman Zuhdi Abed, 16, of ‘Azoun village/Qalqilya He was killed on 20 April, when he was hit by live ammunition while on the main street near the village. - Mes’ab Ibrahim Jaber, 17, of Jenin Camp He was killed on 28 April, when he was hit by a live bullet to the head during the occupation forces’ invasion of Jenin Camp. - Amir Ahmad Ayyad, 2, of Al-Shuja’ieh neighborhood/Gaza City - Muhammad Abdel Nasser Al-Dahdouh, 13, of Al-Shuja’ieh neighborhood/Gaza City - Ahmad Ramadan Al-Tatar, 13, of Al-Shuja’ieh neighborhood/Gaza City They were killed on 1 May, when they were hit by live ammunition during the occupation forces’ invasion of the neighborhood. - Zahi Majdi Hijazi, 15, of Balata Camp/Nablus He was killed on 4 May, when he was hit by a live bullet to the head while throwing stones at occupation soldiers during their invasion of the camp. - ‘Ilayan Sa’di Al-Bashiti, 18 months, of Khan Younis He was killed on 7 May, when he was hit by a live bullet to the head while inside his house when occupation soldiers stationed around the Gadid settlement opened fire on Palestinian houses in the area. - Ahmad Seif Al-Din Al-Hamshari, 16, of Tulkarem Camp He was killed on 8 May as a result of injuries sustained when he was hit by a live bullet to the head upon his return from school. - Dhiya` Nasif Ghawadreh, 15, of Jenin He was killed on 14 May, when he was hit by a live bullet to the neck while on a street in Jenin during the occupation forces’ invasion of the city.

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- Zuheir Khaled Abu Jarrar, 15, of ‘Izbat Beit Hanoun/Northern Gaza Governorate He was killed on 15 May, when he was hit by a live bullet to the head while on a street in Beit Hanoun during its invasion by the occupation forces. - Muhammad Nabil Al-Za’anin, 15, of Beit Hanoun/Northern Gaza Governorate He was killed on 15 May, when he was hit by a live bullet to the head while in his house during the occupation forces’ invasion of Beit Hanoun. - Khaled Ziad Naser, 15, of Jabalya Camp/Northern Gaza Governorate He was killed on 18 May, when he was hit by a live bullet to the pelvis while throwing stones at occupation forces during their invasion of Beit Hanoun. - Ramez ‘Ayed Khalil ‘Arar, 17, of Bani Zeid village/Ramallah He was killed on 21 May, when he was hit by a live bullet to the abdomen while on a street in the village during its invasion by the occupation forces. - Samer Nizar ‘Arar, 11, of Bani Zeid village/Ramallah He was killed on 26 May, when he was hit by a live bullet to the head at the door to his house during the occupation forces’ invasion of the village. - Muhammad Nasim Amin ‘Awad, 16, of Tulkarem He was killed on 27 May, when he was hit by a live bullet to the heart upon his return from school during the occupation forces’ invasion of Tulkarem. - Kamal Amjad Nawahdeh, 15, of Al-Yamoun/Jenin He was killed on 27 May as a result of injuries sustained during the occupation forces’ invasion of Jenin. - Amir Khalil Abdel Latif Habali, 16, of Tulkarem Camp He was killed on 3 June as a result of injuries sustained when he was hit by a live bullet to the abdomen while at the door to his house during the occupation forces’ invasion of the camp. - Ibrahim Abdel Fattah Abu Hableh, 14, of Tulkarem He was killed on 5 June as a result of injuries sustained when he was hit by a live bullet to the eye upon his return from school during the occupation forces’ invasion of Tulkarem.

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- Afnan Yasser Muhammad Taha, 3, of Al-Bureij Camp/Central Gaza Governorate She was killed on 12 June, when she was hit by missile shrapnel as the car she was in was targeted in an assassination operation targeting her father in Gaza City. - Amal Nimer Salim Jarousheh, 8, of Gaza City She was killed on 15 June as a result of injuries sustained on 10 June, when she was hit by missile shrapnel in the assassination attempt against Dr. Abdel Aziz Rantisi in central Gaza City. - Muhammad Sharif Kabha, 5, of Barta’a Al-Sharqiyeh/Jenin He was killed on 25 July, when he was hit by a live bullet to the head when he was in his family’s car near the Barta’a checkpoint near Jenin. - Ahmad Muhammad Ahmad Al-Hindi, 15, of Deir Al-Balah/Central Gaza Governorate He was killed on 2 August, when he was hit by shrapnel from the explosion of ordinance left by the Israeli army near his house. - Munir Baker Abu Hein, 15, of Al-Shuja’ieh neighborhood/Gaza He was killed on 5 August, when he was hit by shrapnel from the explosion of ordinance left by the Israeli army in the neighborhood of Al-Shuja’ieh/Gaza. - Said ‘Awad Ghanem, 15, of Tulkarem Camp He was killed on 20 August, when he was hit by live ammunition while at the Billiards Hall in central Tulkarem Camp during an incursion into the camp by Israeli Special Forces. - Muhammad Ibrahim Ba’lousheh, 17, of Al-Saftawi neighborhood/Jabalya/Northern Gaza Governorate He died on 27 August as a result of injuries sustained on 26 August, during an assassination attempt against Hamas activists in Jabalya Camp. - Ayah Muhammad Fayad, 9, of Al-Nimsawi neighborhood/Khan Younis Camp She was killed on 30 August, when she was hit by shrapnel during the targeting of Palestinian houses in Al-Nimsawi neighborhood. - Sana` Jamil Al-Da’our, 9, of Jabalya/Northern Gaza Governorate She died on 2 September as a result of injuries sustained on 26 August, during an assassination attempt against Hamas activists in Jabalya Camp.

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- Muhammad Abdullah Abu Al-Hasneh, 17, of Jabalya city/Northern Gaza Governorate He was killed on 6 September, when he was hit by live ammunition during an incursion into east Jabalya by occupation forces. - Tha`er Mansour Al-Siyouri, 13, of Hebron He was killed on 9 September, when he was hit by live ammunition after occupation forces surrounded the building where he lived in Hebron and fired inside it. - Ahmad Ghaleb Salim Tahayneh, 15, of Al-Sila Al-Harthiyeh/Jenin He was killed on 10 September, when he was hit by live ammunition while on the way to his house; the occupation forces claim that he approached the separation wall. - Ahmad Thabet Taha Abu Latifeh, 12, of Qalandia Camp/Jerusalem He was killed on 14 September, when he was hit by a live bullet to the chest during confrontations that took place with occupation forces near the Qalandia military checkpoint. - Shadi ‘Awni Mansour, 15, of the old city of Nablus He died on 22 September as a result of injuries sustained a year before during an incursion into the old city of Nablus by occupation forces. - Muhammad ‘Issa Hamdan, 16, of Yabna Camp/Rafah He was killed on 24 September, when he was hit by live ammunition to the chest while in his house during an incursion into Yabna Camp by occupation forces. - Lina Hasan ‘Issa, 3, of Al-Bureij Camp/Central Gaza Governorate She was killed on 25 September, dying of fear and shock from the intensity of a missile bombardment during an incursion into Al-Bureij Camp by occupation forces. - Hussein Samir Hasan Alawi, 13, of Tel Al-Hawa/Gaza He was killed on 1 October, when he was hit by a live bullet to the head while in his house during an incursion into his neighborhood by occupation forces. - Muhammad Ayman Yousef Barahmeh, 9, of Tulkarem Camp He was killed on 4 October, when he was hit by live ammunition to the chest during the occupation forces’ assassination operation against Sarhan Sarhan.

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- Mustafa Abdel Qader Al-Badrasawi, 18 months, of Khan Younis He died on 4 October as a result of injuries sustained on 2 October, during an incursion into the city of Khan Younis by occupation forces. - Ibrahim Ahmad Al-Qureinawi, 8, of Rafah He was killed on 10 October, when he was hit by a live bullet to the abdomen while in his house during an incursion into the city by occupation forces. - Sami Talal Salah, 15, of Rafah, He was killed on 10 October, when he was hit by a live bullet to the head near his house during an incursion into the city by occupation forces. - Mabrouk Muhammad Joudeh, 16, of Rafah He was killed on 10 October, when he was hit by a live bullet to the head near his house during an incursion into the city by occupation forces. - Yahya Hassan Mahmoud Rihan, 17, of ‘Izba Shoufeh/Tulkarem He was killed on 18 October, when he was hit by a live bullet to the chest during confrontations that took place with occupation forces during their incursion into the city of Tulkarem. - Shadi Abu Alwan, 14, of Rafah He was killed on 19 October, when he was hit by a live bullet to the head while in his house during an incursion into the city by occupation forces. - Muhammad Ziad Muhammad Baroud, 12, of Al-Nusseirat Camp/Central Gaza Governorate He was killed on 20 October, when he was hit by shrapnel from a missile targeting a civilian car at the entrance to the camp. - Muhammad Ismail Al-Hamaydeh, 11, of Deir Al-Balah/Central Gaza Governorate He was killed on 24 October, when he was hit by a live bullet to the abdomen while on his way to pray at a mosque near his family’s house. - Baha` Muhammad Jaber Al-Zubeidi, 12, of Balata Camp/Nablus He was killed on 29 October, when he was hit by live ammunition to the abdomen while at the entrance to the camp.

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- Salah Abdel Ghafar Asad, 16, of Al-Nusseirat Camp/Central Gaza Governorate He died on 29 October as a result of injuries sustained when a civilian car was bombarded at the entrance to the camp. - Mahmoud Sabri Al-Qayid, 11, of Al-Sabra neighborhood/Gaza City He was killed on 7 November, when he was hit by a live bullet to the chest near his house during an incursion into Gaza City by occupation forces. - Mu’taz Wasef Al-Amoudi, 15, of Burqin village/Jenin He was killed on 8 November, when he was hit by live ammunition during confrontations that took place with occupation forces during their incursion into the village. - Ahmad Muhannad Nafe’ Mar’i, 8, of Jenin Camp He died on 9 November as a result of injuries sustained on 8 November, from a live bullet to the head during an incursion into the camp by occupation forces. - Shadi Na’im Abu Anzeh, 14, of Block O/Rafah He died on 11 November as a result of injuries sustained on 10 November, from a live bullet to the head near his house during an incursion into the camp by occupation forces. - Saboh Mazen Saboh, 15, of Burqin village/Jenin He died on 13 November as a result of injuries sustained on 8 November, from a live bullet to the head during confrontations that took place with occupation forces during their incursion into the village. - Ahmad Marwan Hanani, 14, of Beit Furik/Nablus He was killed on 15 November, when he was run over by a military vehicle during confrontations that took place in the village. - Ibrahim Ali Al-Jalamneh, 11, of Jenin He was killed on 22 November, when he was hit by a live bullet to the chest during confrontations that took place with occupation forces during their incursion into the city. - Rashad Tawfiq Abdel Rahman, 16, of Yatta/Hebron He was killed on 25 November, when he was hit by a live bullet to the abdomen during confrontations that took place during an incursion into the town by occupation forces.

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- Mu’ayad Mazen Eid Hamdan, 9, of Al-Amari Camp/Ramallah He was killed on 1 December, when he was hit by a live bullet to the head near his house during an incursion into the camp by occupation forces. - Muhammad Ahmad Zahran, 16, of Deir Abu Masha’al village/Ramallah He was killed on 2 December, when he was hit by live ammunition during confrontations that took place during an incursion into the village by occupation forces. - Jihad Musa Al-Akhras, 16, of Rafah He was killed on 5 December, when he was hit by live ammunition upon approaching the border fence near Rafah crossing. - Suleiman Muhammad Al-Atrash, 17, of Yabna Camp/Rafah He was killed on 11 December, when he was hit by a live bullet to the abdomen during an incursion into the Salam neighborhood/Rafah by occupation forces. - Nur Al-Din Ahmad ‘Izat Omran, 16, of Deir Al-Hatab village/Nablus He was killed on 20 December as a result of injuries sustained on 17 December, from live ammunition during an incursion into Balata Camp/Nablus by occupation forces. - Muhammad Na’im Al-A’raj, 5, of Balata Camp/Nablus He was killed on 20 December, when he was hit by a live bullet to the chest during an incursion into the camp by occupation forces. The killing of Palestinian children is considered a blatant violation of the United Nations General Assembly’s 1974 Declaration on the Protection of Women and Children in Emergency and Armed Conflicts, the General Assembly’s 1959 Declaration regarding the Rights of the Child, and the 1989 Covention on the Rights of the Child. These violations constitute an infraction of numerous provisions of the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. Israel is also considered liable for the injury and death of children and other Palestinian civilians caused by the explosion of mines, the remains of the army’s ammunition, and suspect exploding devices, in accordance with the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-traps and other Devices, issued in Geneva on 10 October 1980.4

4 Article 2 of this Protocol defines a mine in the following terms: “‘Mine’ means any munition placed under, on or near the ground or other surface area and designed to be detonated or exploded by the presence, proximity or contact of a person or vehicle.” It defines a booby-trap in the following terms: “‘Booby-trap’ means any device or material which is designed, constructed or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.”

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Examples of Heinous Crimes Committed by the Occupation Forces, Resulting in the Deaths of Scores of Palestinians, Most of them Civilians (Especially in the Gaza Strip) Incident in Al-Zeitoun Neighborhood/Gaza City On 26 January, the occupation forces invaded the neighborhood of Al-Zeitoun/Gaza and opened fire, resulting in the deaths of 12 citizens. Those killed in the incident are as follows: - Ashraf Samih Kheil, 27 - Muhammad Rashad Yousef ‘Obeid, 25 - Ahmad Hasan Al-Qayumi, 24 - ‘Ala` Zuheir Khalifeh, 23 - Muhammad Akram Badawi Al-Nakhaleh, 21 - Ahmad Shehadeh Ahmad ‘Abed, 23 - Rami Fathi Hasan ‘Issa, 27 - Iyad Bader Jebril ‘Akawi, 22 - Wisam Fayez Hasan ‘Issa, 27 - Mustafa Zuheir Jaber Rahmi, 25 - Khaled Ali Hasan Shallouf, 17 - Amjad Yousef Al-Hattab, 16 Incident in Al-Shuja’ieh and Al-Tufah Neighborhoods/Gaza City On 19 February, the occupation forces invaded the neighborhoods of Al-Shuja’ieh and Al-Tufah in Gaza City and began firing. This led to the deaths of eight citizens, including three who were killed when the house they were in was bombed. Those killed in the incident are as follows: - Abdel Karim Sha’ban Bakroun, 23 - ‘Amer Mahmoud Al-Dayeh, 23 - Abdel Rahman Fawzi Al-Qassas, 25 - Said Nahid Al-Hilou, 26 (house demolished while he was inside) - ‘Ala` Nahid Al-Hilou, 21 (house demolished while he was inside) - Tamer Darwish Al-Qatta’, 23 (house demolished while he was inside) - Muhammad Salim Mahmoud Al-Sahloub, 18 - Munzir Marwan Al-Safadi, 27 Incident in Beit Hanoun/Northern Gaza Governorate On 23 February, the occupation forces invaded Beit Hanoun/Northern Gaza Governorate and began firing. This led to the deaths of eight citizens, one of whom was inside a house when it was demolished. Those killed in the incident are as follows: - Ahmad ‘Eid Muhammad ‘Afaneh, 17 - Muhammad Serhan Hweileh, 28 - Muhammad Ramadan Yousef Al-Kahlout, 16 - Ayman Muhammad Abu Sharar, 32 - Bara` Fayez Al-Afifi, 17 - Wa`el Muhammad Al-Gharabawi, 31 - Abdullah Muhammad Al-Sabi’ Al-Kafarneh, 52 (house demolished while he was inside) - Muhammad Yousef Ahmad Al-Aloul, 25

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Incident in Al-Bureij Camp/Central Gaza Governorate On 3 March, the occupation forces invaded Al-Bureij Camp/Central Gaza Governorate and began firing. This led to the deaths of eight citizens, one of whom was inside a house when it was demolished. Those killed in the incident were as follows: - Muhammad Ali Al-Babli, 22 - Tareq Muhammad ‘Aqel, 17 - Nuha Sabri Sweidan, 33 (house demolished while he was inside) - Fadi Fayez Al-Hawajri, 18 - Mu’tasem Al-Khalili ‘Aqel, 27 - Maher Khamis al-Rifa’i, 24 - Walid Abdel Karim Al-Khatib, 24 - Rami Yousef ‘Awad, 18 Incident in Jabalya Camp and Jabalya City/Northern Gaza Governorate On 6 March, the occupation forces invaded Jabalya Camp and city/Northern Gaza Governorate and began firing. This led to the deaths of 11 citizens. Those killed in the incident were as follows: - Muhammad Shehadeh Al-Bayari, 61 - Na`el Mahmoud Abu Sidou, 30 - Ihab Muhammad Nabhan, 14 - Naji Ismail Abu Jalilyeh, 35 - Muhsen ‘Awad Abu ‘Oudeh, 30 - Hamdi Othman ‘Obeid, 23 - Tha`er Jaber Rihan, 13 - Baha` Khalil Abu Wardeh, 18 - Abdel Rahman Ahmad Miqdad, 21 - Hamzeh Jebril Qarmout, 17 - Maher Ahmad Al-Najjar, 14 Incident in Al-Nusseirat Camp/Central Gaza Governorate On 17 March, the occupation forces invaded Al-Nusseirat Camp/Central Gaza Governorate and began firing. This led to the deaths of seven citizens, one of whom was inside a house when it was demolished. Those killed in the incident were as follows: - Ilham Ziad Hasan Al-Assar, 3 - Muhammad Rajab Al-Sa’afin, 35 (house demolished while he was inside) - Omar Tawfiq Abu Yousef, 17 - Omar Hasan Darwish, 13 - Ibrahim Hasan Al-Ya’coubi, 25 - Said Hasan Al-Tawil, 18 - Iyad Bashir Abu Zureiq, 18 Incident in ‘Asquleh/Neighborhood/Gaza City On 8 April, the occupation forces bombarded a car in central Gaza City with the goal of assassinating Sa’d Al-Arabid, 35, and Ashraf Al-Halabi, 25. Afterwards, citizens gathered around the bombed car and were

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fired upon by an Israeli helicopter, resulting in the deaths of the two men targeted in the operation as well as eight other citizens. Those others killed in the incident were as follows: - Omar Kamil Nassar, 22 - Sami Hasan Qasim, 17 - Mahmoud Samir Farwaneh, 30 - Ahmad Khamis Al-Ashram, 13 - Muhammad Saber Basal, 20 - Fadi Ibrahim Toutah, 18 - Muhammad Suleiman Toutah, 19 - Mahmoud Muhammad Ali Al-Louh, 21 Incident in Yabna Camp/Gaza City On 19 April, the occupation forces invaded Yabna Camp, near the Palestinian-Egyptian border in Rafah, and fired on citizens gathered in the streets, resulting in the deaths of six citizens, among them children. Those killed in the incident were as follows: - Mahmoud Ahmad Abu Koush, 15 - Muhammad Ibrahim Al-Hamaydeh, 14 - Hussein Mahmoud Zanoun, 22 - Said Ibrahim Al-Masri, 28 - Sa’di Jum’ah Hadayed, 26 - Khaled Muhammad Jarbou’, 22 Incident in Shuja’ieh Neighborhood/Gaza City At approximately 1:30 A.M. on Thursday, 1 May, more than 40 Israeli military vehicles accompanied by helicopters invaded the neighborhood of Shuja’ieh with the goal of detaining a person wanted by the occupation forces. They opened fire on citizens with shells and live ammunition, resulting in the deaths of 13 citizens, among them three children and two people who were killed when their house was demolished with them inside. Those killed in the incident were as follows: - Amir Ahmad ‘Ayyad, 2 - Muhammd Abdel Nasser Al-Dahdouh, 13 - Ahmad Ramadan Al-Tatar, 13 - Baker Hussein Salem Muheisen, 41 - Abdullah Faraj Al-Omrani, 21 - Muhammad Kamal Abu Zareineh, 30 - Nasser Omar Halles, 36 - Muhammad Na’im Basel Na’im, 20 - Rami Khader Sa’d, 25 - Shehdeh Muhammad Al-Gharabli, 64 - Yousef Khaled Abu Hein, 30 (house demolished while he was inside) - Mahmoud Khaled Abu Hein, 38 (house demolished while he was inside) - Ayman Khaled Abu Hein, 29 Incident in Beit Hanoun/Northern Gaza Governorate

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On 15 May, the occupation forces invaded the town of Beit Hanoun/Northern Gaza Governorate and began firing in the direction of citizens, resulting in the deaths of five people, among them children. Those killed in the incident were as follows: - Abdel Qader Ali Abu Al-Ka`s, 22 - Zuheir Khaled Abu Jarad, 15 - Muhammad Nabil Al-Za’anin, 15 - Khalil Nabil Qarmout, 33 - Nidal Muhammad Ikrayem, 24 Attempt to Assassinate Dr. Abdel Aziz Rantisi On 10 June, the occupation forces bombarded a civilian car in central Gaza City with the goal of assassinating Hamas leader Dr. Abdel Aziz Rantisi. The bombardment resulted in the deaths of four citizens who were in the area of the bombardment, among them one woman and one child. Those killed in the incident were as follows: - Khadrah Yousef Abu Hammad, 50 - Mustafa Abdel Rahman Saleh, 34 - Amal Nimer Jarousheh, 8 - Hamed Yousef Haboush, 40 Assassination of Tito Mas’oud and Suheil Abu Nahel On 11 June, the occupation forces bombarded a civilian car in the neighborhood of Al-Shuja’ieh/Gaza City with the goal of assassinating Hamas members Tito (Muhammad) Mahmoud Mas’oud, 36, and Suheil Nu’man Abu Nahel, 30. The bombardment resulted in the deaths of seven other citizens who were in the area, among them two women. Those others killed in the incident were as follows: - Yasser Hasan Khalil Hmeid, 35 - Khalil Hasan Khalil Hmeid, 42 - ‘Azam Husni Al-Ju’l, 40 - Samyah Mahmoud Muhammad Dalloul, 20 - Majedeh Mamoud Muhammad Dalloul, 24 - Yasin Subhi Murtaja, 52 - Rateb Mahfouz Al-Ju’l, 52 Assassination of Yasser Taha On 12 June, the occupation forces bombarded a civilian car in central Gaza with the goal of assassinating Hamas member Yasser Muhammad Salah Taha, 32. The bombardment resulted in the deaths of seven other people who were in the area, among them the wife and child of Yasser Taha, who were with him in the targeted car. Those others killed in the incident are as follows: - Islam Abdullah Taha, 25 - Afnan Yasser Muhammad Taha, 3 - Sa`ed Ziad Ghabayin, 30 - Jihad Jaser Al-Sa’oudi, 36

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- Ahmad Abdel Fatah Muhammad Samour, 30 - Muhammad Khalil Matar, 34 - Salim Said Saleheh, 42 Incident in Rafah/Gaza On 10 October, the occupation forces invaded the city of Rafah and opened fire on civilians and houses. Seven citizens were killed as a result, including three children who were inside their homes. Those killed in the incident were as follows: - Ibrahim Al-Qureinawi, 8 - Nader Ahmad Abu Taha, 22 - Atweh Muhammad Muhsen, 22 - Muhammad Ahmad Abdel Wahab, 23 - ‘Ala` Nu’man Mansour, 33 - Sami Talal Salah, 15 - Mabrouk Muhammad Joudeh, 16 Incident in Al-Nusseirat Camp/Central Gaza Governorate On 20 October, the occupation forces bombarded a civilian car at the entrance to Al-Nusseirat Camp, with the aim of assassinating Hamas activists. Afterwards, citizens gathered around the bombed-out car, whereupon a helicopter warship fired a missile, killing 12 civilians, including two children and a physician aiding the wounded. More than 75 were injured in this incident. Following the incident, many questions were raised regarding the type of weapon used in the operation—which caused such a large number of civilian injuries—especially in light of the many puncture holes in the bodies of those hit. Investigations into the type of weapon—and whether it is banned internationally—are ongoing. Those killed in the incident were as follows: - Mahdi Ismail Jarbou’, 20 - Abdel Halim Muhammad Tabazeh, 23 - Atiyeh Yousef Younis, 20 - Zein Al-Abedin Muhammad Shahin, 35 (a physician) - Muhammad Ziad Baroud, 12 - Muhammad Shteiwi Al-Masri, 23 - Ahmad Eid Khalifeh, 49 - Ayoub Musbah Al-Malek, 21 - Muhammad Tawfiq Hathat, 22 - Ibrahim Muhammad Tabazeh, 25 - Mas’oud Ali Ayash, 35 - Salah Abdel Ghafar Asad, 16 Al-Salam Neighborhood/Rafah Camp/Gaza On 11 December, the occupation forces invaded the Al-Salam neighborhood of Rafah Camp with the aim of finding a wanted person. As a result of firing upon citizens’ houses, they killed six citizens, including a child. Those killed in the incident were as follows: - Suleiman Muhammad Al-Atrash, 17 - Sabri Ahmad Abu Louli, 25

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- Ayad Muhammad Al-Mahmoum, 50. - Omar Fawzi Abu Muhsen, 28 - Muhammad Rajab Zeinou, 23 - Nasser Muhammad Abu Al-Naja, 28 Assassination of Miqled Himeid/Gaza City On 25 December, the occupation forces bombarded a civilian car in the Al-Saftawi neighborhood of Gaza City, with the aim of assassinating Islamic Jihad member Muqled Humeid. The bombardment killed five citizens, including Miqled Himeid, in addition to injuring more than 15 civilians in the area. It appears that the type of weapon used in this incident was the same as that used in Al-Nusseirat Camp on 20 October. Those killed in the incident are as follows: - Nabil ‘Awad Al-Shareihi, 31 - Miqled Himeid Himeid, 40 - Ashraf Hasan Radwan, 19 - Said Awad Abu Rukab, 32 - Wa`el Muhammad Al-Daqran, 35 Attacks by Israeli Settlers on Palestinian Civilians Israeli settlers continued to attack Palestinian civilians and their property during 2003. These attacks led to, among other things, the deaths of a number of Palestinians and injury of others. These included the following: - On 2 January, an Israeli settler ran over Khleif Abdel Rahman Khleif, 58, of ‘Azoun/Qalqilya, as he was walking on the main street in the city of Qalqilya, resulting in his death. - On 12 January, a settler opened fire on Hazim Adnan Funoun Al-Tamimi, 27, of Hebron, hitting him with a live bullet to the abdomen that led to his death. - On 17 January, individuals from Kiryat Arba and Kharsina settlements, near the city of Hebron, attacked citizens’ houses in nearby neighborhoods, injuring a number of citizens and damaging a number of houses. - On 13 March, a group of settlers attacked and injured Ya’qoub Omar Amer, 57, of Salfit, as he was tending his sheep. - On 14 March, a group of settlers from the neighborhood of Beit Hadassa, in central Hebron city, attacked citizens and their houses on the Street of the Martyrs, injuring Arafat Al-Bayed, 9, and Khalid Al-Khatib, 35. - On 12 April, some settlers from the Kiryat Arba settlement, near Hebron, physically assaulted a number of farmers in the neighborhood of Beit ‘Einoun in Hebron, inflicting various injuries. - On 13 April, an Israeli settler ran over Muhammad Ahmad Ismail Jawabreh, 11, of Al-Arroub Camp, north of Hebron, on street no. 60, which connects the Hebron and Bethlehem governorates, resulting in his death. - On 29 April, a number of settlers in Hebron physically assaulted Iman Muhammad Abu ‘Isheh, 6, of Hebron, as she was on her way to school. She sustained injuries from the assault.

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- On 30 April, Rayiq Mas’oud Daraghmeh, 31, was killed after being hit by live ammunition to the chest fired by a settler from the Beit Ha’Arava settlement in the Jordan Valley, as he was heading to his house in the village of Tayasir/Tubas/Jenin after work. - On 30 April, a number of settlers brutally attacked Muhammad Mahmoud Haroun Al-Fararjeh, 32, of Bethlehem, at his workplace in Jerusalem, resulting in his death. - On 4 October, Said Muhammad Said Suleiman, 40, of ‘Ejja village/Jenin, died as a result of injuries sustained approximately a year earlier from a live bullet fired by a member of the Tarsila settlement near the village. - On 28 December, settlers from the settlement enclave in central Hebron attacked residents of the city, injuring a number of them, including two children: Shaher Muhammad Al-Ja’bari, 15, and Anas Al-Bayed, 15. Cruel, Degrading, and Inhuman Treatment The Israeli occupation authorities continued their inhuman and degrading treatment of Palestinian civilians in 2003, particularly at military checkpoints and during raids and arrest operations. Examples of these heinous and inhumane practices include the following: - On 6 December, the occupation forces raided the house of Salah Abdel Qader Amr in Hebron, forcing the residents to leave for many hours. The male residents were forced to stand facing a wall for the whole period. - On 6 December, the occupation soldiers forced a number of citizens from the Wadi Al-Haryeh area of the city of Hebron to remove their clothes for many hours in the extreme cold. - In February 2003, a female Israeli soldier working at the Tufah checkpoint near the Neve Dekalim settlement, in the central Gaza Strip, forced a Palestinian woman from the Al-Muwasi area/east Khan Younis, to drink a poisonous substance. As a result, she suffered burning in the mouth and esophagus in addition to convulsions. - On 16 September, an occupation soldier at the Surda checkpoint near Ramallah physically assaulted Muhammad Sari Rizeq Omar, 16, of Al-Mazra’ah Al-Gharbiyeh/Ramallah. - On 14 December, occupation forces physically assaulted farmer Jaber Mahmoud Mar’i, 67, of Zeita village/Tulkarem, after an argument between him and Israeli guards of the separation wall. The argument stemmed from his attempt to reach his land through the Ras Rumaneh Gate at the entrance of the village of Baqah Al-Sharqiyeh. - On 24 December, soldiers stationed at the Beit Fourik military checkpoint at the entrance of Nablus forced pedestrians crossing through the checkpoint to proceed wearing only their undergarments. Those who refused to strip off their clothes were denied passage. - On 27 December, occupation soldiers stationed at the checkpoint at the entrance to the village of Al-Sawahara Al-Sharqiyeh, near East Jerusalem, made citizens wait for many hours without permitting passage.

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- On 28 December, occupation soldiers stationed at the Sarra checkpoint, west of Nablus, brutally beat Nazmi Hamoudeh Ahmad Al-Sheikh, 43, of Sanniriya village/Qalqilya. He was one of many who were assaulted and humiliated by soldiers at this checkpoint.5 The occupation soldiers stationed at military checkpoints also continued during 2003 to force young Palestinian men to “choose” the punishment they preferred (such as having one’s hand, leg, or nose broken). This has become known as “punishment by lottery.” Soldiers used this new practice on young men during the latter part of 2002, especially in the city of Hebron. For example, a young man from one of the villages surrounding Ramallah was assaulted and detained by occupation soldiers near a checkpoint. They took him to a vacant mountainous area and asked him to choose from a number of slips of paper; he “chose” a piece of paper that had “kick legs” written on it. The soldiers then kicked him until he collapsed and was unable to get up, and, immediately afterward, they transported him to the hospital for treatment. Another of the new practices used by occupation soldiers is writing on the hands of citizens crossing through military checkpoints, or drawing on them using a sharp instrument. These practices were concentrated at the entrance to Nablus. During April 2003, for example, a soldier stationed at the checkpoint west of Nablus used a piece of glass to draw a Star of David on the arm of Qasem Kayed ‘Oweisat, 19, of Qalqilya, as he was returning from Al-Najah University in Nablus to his house in Qalqilya. During the first week of May 2003, soldiers stationed at the Huwara checkpoint near the entrance to Nablus wrote numbers or the phrase “denied passage” on the hands of citizens wanting to enter or exit the city. Those citizens whose hands were written on included Hamdi Jabali, 50, of Beita/Nablus, and ‘Ahed Muhareb, 25, of Huwara/Nablus. Attempts to Bury Citizens Alive On 13 June, occupation forces supported by military vehicles and bulldozers invaded the villages of Beit Rima and Deir Ghasaneh/Ramallah and imposed a curfew. They then approached one of the caves near the house of Walid Al-Barghouthi in the Sheikh Gheith area of the village of Deir Ghasaneh. According to the report of Khalid Walid Salah Dar Dawoud, 26, of Deir Ghasaneh/Ramallah, given to a PICCR researcher, after storming the village the occupation forces used megaphones to demand that those in the aforementioned cave exit before they blew it up. After a number of minutes, the forces blew up the cave and placed earth over the entrance, despite the presence of citizens inside. After the forces withdrew from the area, residents removed the earth from the entrance to the cave and rescued the three citizens inside. 5 See further, the B’tselem report issued on 5 January 2004, entitled: Abuse of Palestinians at the Sarra Checkpoint, Nablus District 27th – 31st December 2003. See the Internet site at http://www.btselem.org.

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III. Violations of Freedoms Arbitrary Detentions During 2003 the occupation forces continued their campaigns of arbitrary arrest almost daily, taking in thousands of Palestinians. As of 23 June, 130 citizens from the Hebron governorate were being detained under claims by the occupation forces that they were Hamas activists. Moreover, a large number of Palestinian detainees have been transferred to administrative detention. The occupation forces also detained family members of those who carried out bombing operations inside the Green Line and of those who carried out armed operations against settlers and soldiers inside the occupied territories, as well as of those wanted by the occupation forces for activist involvement in the Intifada. Although the occupation authorities released 100 detainees on 8 June 2003, following the Aqaba Summit held on 3 June, as of 31 December there still remained 6,206 Palestinian detainees, distributed as follows: 2,518 in the main prisons, 3,397 in military detention centers, and 291 in other detention centers. Among the 6,206 detainees, 669 were being held in administrative detention, 275 were children, 77 were women, and 117 were in solitary confinement.6 Also among the detainees were Palestinian Legislative Council members Marwan Barghouthi and Husam Khader; PLO Executive Committee member Abdel Rahim Malluh; Hasan Yousef, one of the leaders of Hamas; and other political leaders. Further, the occupation authorities’ practices against Palestinian civilians in this regard, especially administrative detention and arrest for extended periods without trial, are a blatant violation of the right to not be arbitrarily detained without charge, as well as the right to a fair trial with all legal guarantees of defense. The occupation authorities are also violating international standards, under which an arrestee must be informed of the reasons for his or her arrest; the family of the arrestee must be immediately notified of the place of detention; and the arrestee has the right to meet with his or her lawyer without delay. Credible sources in the human rights field—Palestinian as well as non-Palestinian—affirm that the Israeli security agencies continue to practice the following forms of torture: placing the detainee in a chair for long periods and tying his hands behind his back with metal ties, while tying his legs together and forcing them back underneath the chair; seating the detainee for long periods next to an air conditioner that expels cold air and then next to a machine that expels hot air; violent shaking, which is known as “banana shaking” used in Moskobiya detention center; and sleep deprivation.7 Torture is used on children detainees as well, especially at the time of arrest. Occasionally, Israeli prison authorities conducted raids of prison cells, beating prisoners and firing tear gas—in many cases resulting in injuries among prisoners. For example, on 2 March, a number of detainees at Ketse’ot prison in the Negev were injured when they were fired upon by rubber bullets and tear gas due to their protest against the prison administration’s foot-dragging in improving their detention conditions. On 7 July, a force made up of police and border guards stormed the Ramla women’s prison, where they assaulted and fired tear gas at prisoners; as a result some of the prisoners sustained severe injuries and were thereupon transported to the Ramla prison hospital. On 31 July, a military force stormed Ashkelon prison, where they assaulted and fired tear gas at detainees, resulting in the injury of approximately 100 of them. On 20 August, a number of prisoners at Megido prison sustained injuries from rubber bullets and tear gas bombs during their protest against the transfer of a group of fellow-prisoners to Al-Naqab desert prison. 6 According to the Mandela Institute for Political Prisoners. 7 See the Website of the Palestinian Prisoners’ Society at http://www.ppsmo.org.

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Some Israeli prisons and detention centers continued to lack appropriate health facilities. Most prisons suffer from a lack of cleanliness, cramped space, and the spread of mice and cockroaches. Moreover, prison administrations are not always bound to provide prisoners with the medical treatment in accordance with the status of the patient or the doctor’s prescription. The prison administrations prevent outside physicians from examining patients or following up their treatment, despite the fact that prisons lack on-site physician specialists—or even qualified nurses. On 19 February, detainee Walid Muhammad ‘Issa Amr, 40, of the town of Doura/Hebron, died at Nafha prison in the Negev due to administrative foot-dragging in providing him with the required treatment when he was suffering from bronchitis. On 8 December, detainee Bashir Muhammad ‘Oweis, 27, of Balata Camp/Nablus, died in Al-Afula hospital after suffering a stroke at Megido prison. In Al-Naqab desert prison, there are 200 detainees suffering from various illnesses while the detention center administration drags its feet in providing the required medical treatment. Prisons and detention centers continued to suffer from overcrowding. In response to a petition on this matter presented by the organization Physicians for Human Rights – Israel on 1 July 2002, the Israeli High Court of Justice issued a final ruling on 24 June 2003 affirming that the state of Israel was in violation of the law, and prohibiting a continuation of the current situation, in which detainees are sleeping on the floor. The same ruling demanded that the state submit a periodic report to the Court by no later than 31 December 2003 showing constant reduction in the number of detainees sleeping on the floor. According to Physicians for Human Rights, the petitioning organization, detainees sleep on the floor in most detention centers, and some of the centers exceed their occupancy capacity by more than 100 detainees. The period covered by this report also witnessed hunger strikes in protest against poor detention conditions. On 27 June, detainees at the Nafha and Bir Al-Sabi’ prisons went on hunger strike in solidarity with prisoners Ahmad Al-Barghouthi and Musa Doudin, who were at the Ramla prison hospital due to deteriorating health following their own hunger strike to protest their solitary confinement. On 6 July, 900 detainees at the Ashkelon prison declared a hunger strike to protest the Israeli government’s decisions related to unfair criteria for releasing Palestinian prisoners. On 1 August, prisoners at the Shatta, Nafha, Bir Al-Sabi’, and Hadarim prisons declared a one-day hunger strike to protest the assault on prisoners at Ashkellon prison. On 9 September, 27 Palestinian prisoners in the Qedumim military detention camp, located near Tulkarem, began an open hunger strike to protest the assault of prisoners as well as the difficult conditions prisoners must endure. The Israeli authorities continued to detain thousands of Palestinian prisoners outside the borders of the Palestinian territories occupied in 1967. This is a breach of Article 76 of the Fourth Geneva Convention, which stipulates that: “Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein.” Deportation or Exile of Palestinian Civilians During the course of the Al Aqsa Intifada, which broke out at the end of September 2000, the occupation authorities have implemented two different types of deportation of two types: deportation from the country and internal deportation. Internal deportation means exile from one area and transfer to another within the occupied territories, in what is known as “forcible transfer.” The occupation authorities carry out punishment by exile or forcible transfer with the support of the Israeli High Court of Justice, which issued a number of decisions affirming the legal soundness of military orders commanding the forcible transfer of Palestinian citizens from the West Bank to the Gaza Strip. In the beginning of December 2003, the Israeli High Court of Justice issued a decision permitting the deportation of 17 Palestinians from West Bank cities to the Gaza Strip. On 18 May, Mahmoud Al-Sa’di was deported to the Gaza Strip; prior to that, Al-Sa’di had been held in detention for a year without trial on the claim

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that he had helped to carry out bombing operations inside Israel. On 14 October, the occupation authorities issued a decision to deport 18 administrative detainees from the West Bank to the Gaza Strip, but on 15 October the Israeli High Court of Justice issued a stay order preventing the decision from being carried out due to an objection put forth by a number of Palestinian organizations concerned with prisoners’ affairs. Subsequently, however, the court approved the deportation orders. The following table displays the Palestinians forcibly transferred from the West Bank to the Gaza Strip during 2003 (name, age, address, and deportation date):

No. Name Age Village/City Date 1 Muhammad Suleiman Al-Sa’di 35 Jenin Camp 5/18/2003 2 Ragheb Rateb Bader 35 Talouza village/ Nablus 5/22/2003 3 Nader Muhammad Sawafteh 29 Tubas/ Jenin 5/22/2003 4 Samir Muhammad Bheis 29 Yatta/ Hebron 5/25/2003 5 Walid Khaled Ali 32 Sakaka/ Nablus 5/25/2003 6 Baha` Ali Al-Qadi 22 Sureif/ Hebron 5/25/2003 7 Kamal Muhammad Musa Idris 33 Jabal Jawhar/ Hebron 11/10/2003 8 Taha Ramadan Rateb Al-Dweik 32 Hebron 11/13/2003

9 Ahmad Hussein Muhammad Meshkah 27 Jenin 11/23/2003

10 Samer Subhi Muhammad Bader 27 Beit Liqia/ Ramallah 11/23/2003 11 ‘Ala` Fu`ad Ibrahim Husouneh 28 Nablus 11/23/2003 12 Hussam Abdullah ‘Oudeh 27 Qalqilya 12/4/2003

13 Munzer Muhammad Younis Al-Ju’beh 24 Hebron 12/4/2003

14 Raja ‘Attallah Hirzallah 31 Bethlehem 12/4/2003 15 Ly’ai Muhammad Ribhi Dawoud 29 Qalqilya 12/4/2003 16 Ghanem Tawfiq Sawalmeh 38 Balata Camp/ Nablus 12/4/2003 17 Sami Hussein Al-Sous 21 Jenin 12/4/2003 18 Rasem Khetab Mustafa 26 Ramallah 12/4/2003 19 Rami Fawaz Hajiji 34 Ramallah 12/4/2003 20 Shadi Ismail Ayash 28 Salfit 12/5/2003 21 Samer Abdel Ghani Abu Zeineh 27 Hebron 12/5/2003 22 Hani Hamdan Al-Rajabi 30 Hebron 12/5/2003 23 Nasser Yousef Jum’ah Salameh 28 Bethlehem 12/5/2003 24 Mustafa Hasan Al-Abed 26 Nablus 12/31/2003

The deportation or forced exile of any citizen from his or her place of residence, whether to a location within or outside of the country, is one of the harshest forms of punishment, and it constitutes a blatant violation of the rules of international humanitarian law—in addition to negating the most basic of humanitarian values. Moreover, deportation is considered a war crime by the Fourth Geneva Convention and the Statute of the International Criminal Court. Article 49 of the Fourth Geneva Convention Relative to the Protection of Civilians in Time of War states that “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.” Article 147 of the Convention prohibits the occupying power from deporting protected citizens and considers doing so a war crime. Likewise, Article 7 of the Rome Statute of the International Criminal Court prohibits the occupying power from forcibly exiling citizens.

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Assaults on the Freedom of Work of Medical Personnel During 2003 the occupation forces continued to attack the right to life, well-being, and freedom of movement of medical personnel working in the occupied Palestinian territories. Israeli soldiers fired in the direction of members of Palestinian medical teams and ambulances using bullets, tear gas, and even shells. They also stormed hospitals and medical centers. Four members of medical teams were killed during the year, and a number of others were injured. On 5 February, occupation forces killed two nurses after a sniper fired on them while they were carrying out their work at Al-Wafa` hospital in Gaza City: Abdel Karim Hamed Anwar Labad, 22, of the city of Jabalya/Northern Gaza Governorate, was killed by a live bullet to the heart; and Omar Sa’d Al-Din Ali Hassan, 22, of Al-Zeitoun neighborhood/Gaza, was also killed by a live a bullet to the heart. On 20 October, physician Zein Al-Abedin Muhammad Shahin, 35, of Al-Nusseirat Camp/Central Gaza Governorate, was killed when he was hit by shrapnel from a missile targeting civilians as they were aiding those wounded during a bombardment targeting a civilian car at the entrance of Al-Nusseirat Camp. On 11 December, paramedic Muhammad Rajab Zeinou, 23, of Brazil neighborhood/Rafah, was killed by a live bullet to the head as he was attempting to aid those wounded when occupation forces opened fire during their incursion into Al-Salam neighborhood/Rafah. On 23 December, paramedic We`am Rezeq Musa, 22, was killed by a live bullet to the head as he was attempting to aid those wounded as a result of occupation forces’ incursion into the Al-Qasas neighborhood of Yabna Camp/Rafah. On 6 March, the occupation forces fired shells during their invasion of Jabalya Camp/Northern Gaza Governorate/Gaza, and a number of medical team members were hit as they were transporting the wounded: ‘Awwad Ahmad Abu Marseh, Yusri Ayesh Al-Masri, Jihad Abdel Karim Abu ‘Ataya, and Muhammad Shehdeh Al-Muqayed. Three ambulances also sustained various damages. On 27 December, an Israeli border guard force used their rifle butts to beat aid worker Rami Shamlawi, 24, as he was attempting to aid one of the wounded in the Rafidiya neighborhood/Nablus after the occupation forces invaded the neighborhood and imposed a curfew. On 5 February, occupation forces assaulted a delegation from the international organization Doctors Without Borders as they were trying to enter the Al-Muwasi area to provide medical services to residents. Even though the visit was coordinated beforehand, the occupation forces denied the delegation entry and physically assaulted them at Al-Tufah checkpoint in Khan Younis. The occupation forces also bombarded and stormed hospitals and medical centers, injuring a number of patients and employees, in addition to damaging the buildings. On 18 January, occupation forces stormed the ‘Alya, Al-Muhtaseb, Al-Ahli, and Al-Mizan hospitals in Hebron. They searched the various departments and obstructed the work of medical personnel. On 11 June, occupation forces closed off the entrances of Al-Za’tari maternity hospital in Hebron with dirt barriers for more than a month, thereby hindering patients, doctors, and employees from reaching the hospital. On 26 August, the Rafidiya and Al-Watani hospitals were stormed in Nablus on the pretext of searching for militants or wanted persons. On 25 October, occupation forces stormed Rafidiya hospital and Al-Injili hospital in Nablus and detained a number of patients.8 The Israeli assaults on Palestinian medical personnel and facilities constitute a blatant violation of the Fourth Geneva Convention of 1949 Relative to the Protection of Civilian Persons in Time of War. Article 20 of the Convention states that “Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected.” Likewise, Article 12 of the 1977 First Geneva Protocol states that “Medical units shall be respected and protected at all times and shall not be the object of attack.” Article 8/b-24 of the 1998 Rome Statute of the International Criminal Court considers directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems in conformity with international law to be war crimes.

8 For more information on Israeli assaults on Palestinian medical personnel and facilities, see the Website of the Palestinian Red Crescent Society at http://www.palestinercs.org.

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Assaults on the Freedom of Work of Journalists and Media Institutions During 2003 the occupation forces continued their assaults on the freedom of journalists and employees of domestic and foreign news agencies. Media professionals were exposed to gunfire by occupation forces, resulting in the death or injury of a number of them. Journalists were also exposed to beating and humiliation, and were prevented from covering certain events and from entering some areas where events were taking place. Further, the occupation authorities decided to revoke the press cards of scores of Arab and Palestinian journalists after accusing them of bias and lack of objectivity in covering events in the occupied territories. The Israeli government press office also prepared a “black list” containing the names of those journalists, correspondents, and photographers whose press cards were revoked. Examples of assaults against journalists during 2003 include the following: - On 19 April, journalist Nazih Adel Darwazah, 38, of Nablus, working as a cameraman for Palestine T.V., was killed after being hit by a live bullet to the head while covering events in the city. - On 19 April, journalist Nasser Suleiman Ishtayeh, 34, of Salem village/Nablus, working for the American Associated Press agency, was hit by a metal bullet to the right ankle while covering events in Nablus. - On 2 May, British journalist James Muller, 23, working for the American H.P.O. media institution, was killed after being hit by live ammunition while shooting a documentary film on the life of Palestinians in the Brazil neighborhood/Rafah. - On 19 May, occupation soldiers physically assaulted journalist Sha’ban Qandil, a cameraman for the ANN Arab satellite channel, and Joseph Handal, a cameraman for French television’s Channel Two, in Beit Sahour/Bethlehem. Both journalists suffered broken bones and bruises. Attacks against journalists and media institutions constitute a violation of Article 79 of the First Geneva Protocol of 1977 in addendum to the Fourth Geneva Convention of 1949, which stipulates that: “Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1 [and] shall be protected as such under the Conventions and this Protocol.” Measures against Peace Activists and Human Rights Activists The occupation forces continued their assaults against the freedom of foreign peace activists in the occupied Palestinian territories to carry out their work. On 16 March, occupation forces killed American peace activist Rachel Corrie as she was trying to prevent an Israeli military bulldozer from bulldozing citizens’ houses in Rafah Camp. Following this incident, the occupation forces prevented scores of international peace activists from entering the Palestinian territories until they signed an acknowledgement absolving Israel from liability in cases of death or injury resulting from military activities by the Israeli forces. The occupation forces also detained foreign human rights and peace activists in the West Bank because they entered Palestinian areas without obtaining permission from the military commander in the region. Further, the occupation forces prevented many hundreds of foreigners working in solidarity with the Palestinians from entering Israel—and thus from reaching the occupied Palestinian territories. - On 5 February, the occupation forces attacked a delegation from the international organization Doctors Without Borders as they were trying to enter the Al-Muwasi area near Khan Younis to provide medical services to the residents.

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- On 9 May, the occupation forces stormed the branch headquarters of the International Solidarity Movement (ISM) in Beit Sahour. They detained three peace activists, among them Miranda Sissons, a researcher for the Human Rights Watch, who was issued a deportation order. When Human Rights Watch intervened, order was dropped and she was released the following day. - On 25 June, the occupation authorities prevented European doctors from Holland and Belgium from entering the occupied Palestinian territories out of fear that their goal was to gather evidence against practices of the occupation soldiers for the purpose of later accusing them of committing war crimes. Violations of the Right to Worship During 2003 Israeli assaults on Palestinian religious places continued. Opening fire in the direction of mosques in various areas of the West Bank resulted in the death of Nasser Mustafa Mas’oud Abu Safieh, 32, as he was exiting a mosque in the old city of Nablus on 19 February, and the death of Muhammad ‘Aref Yousef ‘Oufeh, 24, as he was going to pray in the Tulkarem Camp mosque on 20 February. During 2003 a number of mosques in the Gaza Strip were demolished, including the following: - On 22 February, the occupation forces demolished Salah Al-Din Mosque in Block J/south of Rafah. - On 3 March, the occupation forces demolished Al-Taqwa Mosque in Al-Bureij Camp/Central Gaza Governorate. - On 5 March, the occupation forces demolished Al-Nour Mosque in the Brazil neighborhood/Rafah. Israeli attacks on places of worship are in violation of Article 53 of the 1977 First Geneva Protocol, which prohibits targeting places of worship that constitute the cultural or spiritual heritage of peoples. Article 8/b of the 1998 Rome Statute of the International Criminal Court considers deliberate attacks on buildings dedicated to religious purposes to be war crimes. IV. Israeli Attacks on Palestinian Civilian Property House Demolitions During 2003 the occupation forces continued to destroy private property in the various areas of the West Bank and Gaza Strip. They damaged no fewer than 2,000 residential units, completely demolishing more than 791 of them. In addition, the Israeli authorities continued their policy of demolishing the houses of families of those who carried out operations against Israeli targets and of those who are wanted by the occupation forces for their activist involvement in the Intifada. During 2003 more than 142 houses were demolished for this reason. Among the most notable operations involving the complete demolition of citizens’ houses during the year was the destruction of approximately 250 residential units in the Rafah governorate, especially those houses near the border fence between Egypt and the Palestinian territories. The occupation authorities claim that these houses concealed tunnels linking the Palestinian territories to Egypt which were used for smuggling arms and supplies.

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Sealing off Houses in East Jerusalem During 2003, the occupation forces sealed off a number of houses in East Jerusalem on the pretext that the residents were being detained for activist involvement in the Intifada. Examples include the following: - On 14 January, the occupation forces sealed off the family house of detainee Wa`el Mahmoud Muhammad Qasem, 31, of the Silwan neighborhood/Jerusalem. It is 100 square meters in area and housed six people. - On 14 January, the occupation forces sealed off the family house of detainee Muhammad Ishaq Shehadeh Oudeh, 29, of the Silwan neighborhood/Jerusalem. It is 100 square meters in area and housed four people. - On 14 January, the occupation forces sealed off the family house of detainee ‘Ala` Mahmoud Muhammad ‘Abbasi, 30, of the Silwan neighborhood/Jerusalem. It is 95 square meters in area and housed five people. Demolition of Houses for Lack of Permits The occupation authorities continued to demolish Palestinian houses on the pretext that the owners did not have building permits. During 2003 they demolished 61 Palestinian houses for this reason. These demolitions fall within the Israeli policy aiming to reduce the number of Palestinians in East Jerusalem. The Israeli Jerusalem Municipality usually carries out house demolitions under the protection of the Israeli police and members of the intelligence and Special Forces. Destruction of Industrial Workshops and Commercial Stores Destruction operations extended to industrial workshops and commercial stores in the West Bank and Gaza Strip. - On 6 January, the occupation forces bombarded a metal workshop in Al-Zeitoun neighborhood/Gaza. - On 6 January, the occupation forces bulldozed an electrical parts factory in southern Gaza City. - On 11 January, the occupation forces invaded the city of Khan Younis and destroyed several industrial workshops on the pretext that they were being used for mortar manufacture: an aluminum workshop, an iron gate workshop, a furniture woodworking shop, a car repair shop, and a workshop for manufacturing solar storage tanks. A number of commercial stores were also destroyed. - On 18 February, the occupation forces blew up a plastics factory and two iron workshops in the neighborhood of Al-Tufah/Gaza. - On 24 August, more than 115 commercial stores were destroyed in the village of Nazlat ‘Issa in the Tulkarem governorate in the northern West Bank for the purpose of construction on the separation wall. - On 22 December, a fuel station in the town of Halhoul/Hebron was demolished on the pretext of its close proximity to bypass road no. 60. The Israeli attacks on the aforementioned residential houses and civilian sites and property constitute a blatant violation of the norms of international humanitarian law. Article 53 of the Fourth Geneva

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Convention stipulates that any destruction by the occupying power of property belonging to individuals, or to the state, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. Article 147 of the Convention prohibits “destruction or appropriation of property not justified by military necessity.” Such violations are considered grave breaches of the Convention. Such vandalism and destruction of civilian property on a wide scale is inexplicable, except in the context of collective punishment or revenge against Palestinian civilians, both of which are prohibited by the Fourth Geneva Convention under Article 33, which prohibits “the punishment of any protected person for an offense that he or she has not personally committed.” Closure of Official Palestinian Institutions in East Jerusalem and Revocation of Residency Rights During 2003 the Israeli occupation authorities shut down a number of Palestinian public and civil society institutions that provided services to Palestinian citizens in East Jerusalem and the surrounding villages. On 17 February, they closed the Social Research Center in the neighborhood of Wadi Al-Jouz/East Jerusalem for a period of six months, and on 6 August, they closed the Arab Graduates Club in the same neighborhood for a period of six months. Also on 6 August, the closure of the Orient House, the Chamber of Commerce, the High Council of Arab Tourism, the Social Research Center, and the Palestinian Political Prisoners Club was extended for another six months. Moreover, the occupation authorities flagrantly and systematically worked to reduce the number of Palestinian residents in East Jerusalem by confiscating identity cards and subsequently revoking permanent residency rights. The Israeli authorities based these actions on the 1952 Law of Entry into Israel. In accordance with the regulations set forth in this law, the Israeli Ministry of the Interior revokes the identity cards of Palestinian residents of Jerusalem who reside outside of the city, whether for purposes of employment or study. A large number of Palestinians were forced to leave the city due to their inability to obtain permanent residency permits for their spouses or children. According to the Law of Entry into Israel, Palestinian residents of Jerusalem are unable to bestow city residency rights upon their relatives unless doing so is deemed necessary for family reunification. According to the Israeli Ministry of the Interior, most requests for reunification of Palestinian residents and their spouses were refused during 2003. By making the conditions and procedures required to obtain Israeli citizenship or permanent residency in East Jerusalem or Israel more stringent, during July 2003 the Citizenship Law and Law of Entry into Israel were amended. According to the amendment, requests to obtain Israeli citizenship or permanent residency in Israel or East Jerusalem are not reviewed if one spouse is a resident of the territories under Palestinian National Authority control. This prohibition remains in effect until August 2004. This biased policy forces Palestinian families whose members desire reunification to choose between living inside the city illegally (which carries the risk of fines, imprisonment, or expulsion) and living outside of the city (which carries the risk of losing the right to permanent residency). In addition, the Israeli Ministry of the Interior refuses to register a Palestinian child as a Jerusalem resident if the child’s father does not have an Israeli identity card, despite the fact that the 1974 Law of Entry into Israel authorizes child registration through the identity card of the mother. As a result, many Palestinian children in East Jerusalem are prohibited from receiving health care within the obligatory health insurance system, as well as from studying at government schools in the city.

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Closure of Educational Institutions and Charitable Associations in the Hebron Governorate During 2003 the occupation authorities shut down a number of educational institutions and charitable associations operating in the Hebron governorate. Examples include the following: - On 12 January, the Israeli army commander of the central region issued an order closing Hebron University and Palestine Polytechnic Institute in Hebron for a period of six months. On 12 July, the closure was extended until 16 August 2003. - On 29 April, the Israeli army commander of the central region issued an order closing three charitable associations in the Hebron governorate: the Islamic Charitable Association and the Muslim Youth Association in the city of Hebron, and the Doura Charitable Association in the township of Doura. The decision for closure is effective until 23 May 2005. Bulldozing of Agricultural Land and Uprooting of Fruit Trees The occupation authorities continued to uproot fruit and forest trees and destroy water wells, irrigation networks, greenhouses, and animal pens. During 2003 the occupation forces bulldozed no less than 3,570 dunams of land. The bulldozing of land and uprooting of trees during the year were carried out for the purpose of erecting what is called “the security fence” dividing Palestinian lands and Israel, or for the purpose of protecting settlements and settlers, especially in the areas that the Israeli authorities claim are used to launch attacks. Land was also bulldozed for the purpose of laying bypass roads, expanding settlements, and erecting new settlement outposts. This bulldozing was concentrated in the border areas of the Gaza Strip, the northern West Bank, and alongside roads used by settlers. Palestinian farmers were also subject to attacks by settlers, who at times prevented them from working on their lands located near settlements, as well as to harassment by the occupation army, which at times prevented them from reaching their lands behind the separation wall—especially in the Tulkarem, Qalqilya, and Jenin governorates. Settler Attacks on Palestinian Property During 2003 settlers bulldozed swaths of Palestinian agricultural land and attacked Palestinian property. Examples include the following: - On 23 February, settlers from the Har Sinai settlement, near Hebron, bulldozed 200 dunams of citizens’ land with the aim of annexing it to the settlement. - On 23 February, settlers from the Beit Hagai settlement, south of Hebron, bulldozed approximately 50 dunams of citizens’ land with the aim of annexing it to the settlement. - On 13 March, settlers from the Susiya settlement, north of Yatta/Hebron, bulldozed approximately 15 dunams of citizens’ land with the aim of annexing it to the settlement. - On 14 March, settlers from the Nahal Negahout settlement, east of Doura/Hebron, bulldozed approximately 70 dunams of citizens’ land east of Doura with the aim of annexing it to the settlement. - On 14 April, a number of settlers from Hebron set three Palestinian cars on fire in the city.

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- On 12 July, settlers from the Mizpe Lakhish settlement, located on the land of Doura/Hebron, occupied the house of Kayed Shaker Al-Sweiti. - On 12 July, settlers from the Har Sinai settlement, located on the land of Hebron, took over a three-dunam strip owned by the Da’na family. - On 19 September, settlers from the Ariel settlement, located on the land of the Salfit governorate, uprooted olive trees on Kefel Haris village land located near the settlement. - On 15 October, settlers from the Ariel settlement razed approximately 70 dunams of land planted with about 400 olive trees in the Al-Zawiyeh village/Salfit. - On 3 November, settlers from the Halmish settlement, located on land of the village of Bani Zeid Al-Gharbiyeh in the Ramallah governorate, expropriated scores of dunams of land belonging to the Al-Nabi Saleh village. - On 9 December, settlers from the Beit Hagai settlement, located south of Hebron, expropriated approximately ten dunams of land belonging to the citizens of Al-Rihiyeh village, located near the settlement. - On 12 December, settlers from the Shuut Rahel settlement expropriated approximately 1,700 dunams of land belonging to the citizens of the Turmusayya village/Ramallah with the aim of expanding the settlement. Settlement and Seizure of Land for Military Purposes During 2003 the occupation authorities continued to expand settlements and erect new settlement outposts. Six settlement outposts were set up during the year, most of which were built in the West Bank.9 These new outposts included the Nofei Nehemia site, east of the Ariel settlement, located on the land of Salfit, and the Giv’at Gil’ad site, south of Nablus. During 2003 the occupation authorities seized thousands of dunams of Palestinian land for the purpose of erecting settlement outposts or for other settlement-related purposes. Examples include the following: - On 1 April, the Israeli army commander in the Bethlehem region issued a decision expropriating scores of dunams of agricultural land belonging to the residents of the Husan and Nahalin villages in the Bethlehem governorate for the purpose of expanding the Bitar ‘Illit settlement. - On 24 June, the occupation authorities issued an order expropriating 25 dunams of land from the area of Al-Kafriyat, south of Tulkarem, for the purpose of erecting a new military checkpoint. - On 20 July, the occupation authorities expropriated 230 dunams of land in the Qeizan Al-Najjar area/Khan Younis for the purpose of expanding the borders of the Morag settlement. - On 21 July, the occupation authorities expropriated 182 dunams of land belonging to the villages of Al-Sheikh Sa’d, Al-Khas, and Al-Nu’man for the purpose of expanding the settlements surrounding Jerusalem. 9 According to a report issued by the Israeli movement Peace Now, published in the Al-Quds newspaper on 15 April 2003.

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- On 4 August, the occupation authorities bulldozed 150 dunams of land belonging to the village of Wad Foukin/Bethlehem for the purpose of expanding the borders of the Bitar ‘Illit settlement. - On 21 August, the occupation authorities expropriated 35 dunams of land near the Belal Ibn Rabah Mosque (Rachel’s Tomb), north of Bethlehem. - On 24 August, the occupation authorities expropriated 300 dunams of land belonging to the village of Baqah Al-Sharqiyeh, near the Qaffin Triangle in the northern Tulkarem governorate. - On 24 August, the occupation authorities notified residents of the villages of Beit Iksa, Beit Sourik, and Qolonya, northwest of Jerusalem, of their intention to expropriate more than 1,628 dunams of their land. - On 21 October, the occupation forces proceeded to bulldoze 200 dunams of agricultural land in the Al-Sawahra Al-Sharqiyeh area and uprooted nearly 500 olive trees. - On 21 November, more than 20 dunams were expropriated from the village of Beit ‘Awa/Hebron for the purpose of settlement. Approximately 250 olive trees were uprooted at the same site. - On 23 November, more than ten dunams of land were expropriated from the village of Al-Ramadin, near Al-Dhahiriyeh/Hebron for the purpose of laying a settlement road to serve the nearby Sansanah settlement. - On 2 December, the occupation forces bulldozed swaths of land in the Jabal Al-Mukaber neighborhood/Jerusalem, paving the way for erection of a new settlement outpost named Not Zahav. - On 2 December, the occupation forces proceeded to bulldoze swaths of land in the Al-Buweira area of the Hebron governorate, near the Har Sinai settlement. - On 7 December, the occupation authorities bulldozed more than 40 dunams of land belonging to the Al-Buweira neighborhood/Hebron for the purpose of laying a settlement road to serve the neighboring Har Sinai settlement. Settlement constitutes a violation of international humanitarian law. Article 49 of the Fourth Geneva Convention stipulates that: “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies,” and Article 8/b of the Rome Statute of the International Criminal Court regards settlement as a war crime. Moreover, the United Nations Security Council and General Assembly have issued a number of resolutions demanding that Israel stop building or expanding settlements and affirming the settlements’ illegality. The Separation Wall’s Destructive Ramifications on Palestinians’ Lives (Especially in the Northern West Bank) In April 2002, the occupation authorities began building a separation wall cutting the West Bank off from Israel. The northern section of this wall has been completed, beginning near the Salem checkpoint, west of Jenin, and ending near the village of Kafr Qasem, south of Qalqilya—extending 110 km. Rapid work is taking place to complete construction of the wall surrounding Jerusalem, at a length of 76 km—only 25 km of which have been finished thus far. Construction on the southern section of the wall has not yet begun; it is expected to be 215 km in length. Likewise, construction on the eastern section of the wall has not yet commenced.

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As of the end of 2003, construction of the separation wall had led to the expropriation of more than 60,000 dunams of land, most of which is located in the northern West Bank and Arab Jerusalem. It also led to the uprooting of approximately 83,000 fruit trees, the destruction of approximately 37 km of irrigation networks, and the destruction of approximately 15 km of agricultural roads. Upon completion of the wall’s construction, the remaining Palestinian areas, which the wall will surround, will make up less than 50 percent of the West Bank. Completion of construction on the wall will isolate approximately 115,000 Palestinians in 53 villages located between the separation wall and Israel. Moreover, 28 Palestinian residential centers, in which approximately 150,000 Palestinians reside, will become isolated enclaves surrounded by the wall on all sides. Further, the location of 102 residential centers in areas adjacent to the wall’s eastern side means that 402,000 Palestinians will require special permits to travel to fields, schools, workplaces, and medical or health facilities. In the northern West Bank, where wall construction is complete, 5,200 Palestinians are living in a closed military zone located between the wall and the Green Line and require permits even to reside in their homes. Educators, business people, and farmers all require special permits, which may be denied or revoked based on the discretion of military officials. Even for permit holders, the way is only open once or twice daily—and only for a short duration. Commenting on this situation, the Special Rapporteur on the Right to Food for the United Nations Commission on Human Rights declared that: “The building of the security fence through Palestinian land is also threatening the right to food of thousands of Palestinians, leaving many Palestinians separated from their lands or imprisoned by the winding route of the fence/wall or in the closed military zone along the edge of the fence/wall.”10 The area of land that the wall, in practice, annexes to Israel, clearly serves a political goal more than a security one. Among the dangers of continued construction on the wall is that it will prevent the establishment of a geographically contiguous, viable Palestinian state. This ominous danger has driven Palestinians and their allies to raise the issue of the wall before the United Nations General Assembly, which met for this purpose and decided, on 8 December 2003, to request a legal opinion on the wall from the International Court of Justice at The Hague. Palestinians and Israelis began preparing their testimonies to present to the aforementioned court, which is scheduled to start its sessions on 23 February 2004. V. Assaults on the Freedom of Movement The Israeli occupation authorities imposed siege and closures on Palestinian cities, villages, and camps during most days of 2003. Under the pretext of security, Israel isolated Palestinian cities and villages from one another by placing mounds of stone, earth, and cement blocks on the main streets and at the entrances and outlets of all of them. The army also dug trenches and placed cement and barbed wire fences around some villages in addition to closing dirt roads used by Palestinian citizens. As of the end of December 2003, there were scores of permanent checkpoints in the West Bank manned by soldiers, in addition to more than 600 barriers preventing or impeding the movement of people, goods, and vehicles.11 The Israeli occupation forces transformed each city, village, and camp into a large prison. Most of the time, they prevented citizens from entering or exiting their places of residence or employment even on foot. The occupation soldiers also opened fire on citizens passing along side roads, resulting in four deaths and numerous injuries. On 12 April, Nashat Abdul Ra`uf Alawneh, 22, of Azmout/Nablus, died of a heart attack as occupation forces pursued him while he was trying to cross the checkpoint at the entrance to Nablus. On 1 July, Nimer Musa Al-Jayousi, 19, was killed by live ammunition when he approached

10 See further, the report presented by the Special Rapporteur on the Right to Food to the United Nations Committee on Human Rights, Session 60, 31 November 2003. 11 See further, the B’tselem report issued in December 2003, entitled: Medical Personnel Harmed. See the Website at http://www.btselem.org.

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Al-Kafriyat checkpoint, near Tulkarem. On 25 July, Mahmoud Kabha, 5, of Bart’a/Jenin, was killed by a live bullet to the head when he was in his father’s car at the checkpoint near Bart’a/Jenin. On 6 October, Fayez Ahmad Mustafa Salameh, 44, of Anbata/Tulkarem, was killed by a live bullet to the chest when he was in a car traveling near the Annab checkpoint, near Ramin village/Tulkarem. During 2003 there were numerous closures and sieges at the border crossings connecting the occupied Palestinian territories to the outside world: Rafah Crossing between the Gaza Strip and Egypt and Al-Karamah Crossing (King Hussein Bridge) between the West Bank and Jordan. In addition, the occupation authorities prevented Palestinian citizens with Palestinian passports from using Israeli airports. Occupied East Jerusalem remained isolated from the surrounding Palestinian areas in the West Bank, and the West Bank and Gaza Strip remained completely cut off from one another. For months during 2003 the occupation authorities also prevented Palestinian males under 35 years in age from traveling outside the Palestinian territories. This prohibition lasted from the beginning of 2003 until 1 July 2003. Curfew Curfew constitutes a form of house arrest and it brings civil, social, and economic life to a complete standstill in the areas where it is imposed. Some West Bank cities, villages, and camps, with the exception of the city of Jericho, were placed under curfew for varying lengths of time during 2003. The following table shows the duration of curfews in the various West Bank governorates:

No. Region No. of Days Date 1 Ramallah and Al-Bireh Governorate

Cities of Ramallah and Al-Bireh 3 18 May 2, 3 June

Beitunya 2 2, 3 June

Beit Rima and Deir Ghasaneh Villages 2 24 May 13 June

2 Tulkarem Governorate

City of Tulkarem 48

1, 2, 15, 20, 21, 28 January 3 – 9, 18, 23, 26, 27 February

1, 2, 16, 17, 24 April 7 – 11, 24 – 29 May

8, 12 – 15, 24, 27, 28 June 3 July

9, 11 September 9, 10, 14 October

3, 4 November

Tulkarem Camp 5 9, 10, 14 October 3, 4 November

Seida Village 5

8 January 13 March 21 April 20 May 10 June

Shweikeh Village 4 5, 6 February 3, 4 June

Zeita and Baqah Al-Sharqiyeh Villages 1 3 February

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Bal’a Village 1 27 February Deir Al-Ghsoun Village 1 3 June

‘Alar Village 4 20, 21 April

20 May 10 June

3 Qalqilya Governorate

City of Qalqilya 22

6, 27 – 29 January 2, 5, 6 February 19 – 22 March 26, 27 April 18, 19 June

10, 15, 24 September 5, 10 – 12 October

Habla Village 2 26, 27 April

Zeita, Nazlat ‘Issa, and Baqeh Al-Sharqiyeh Villages 3 13 – 15 June

4 Jenin Governorate 5, 10 – 12 October

City of Jenin and Jenin Camp 43

28, 29 January 23 – 26 March

4 – 6, 16, 17 April 27, 29 May 4, 27 June

4 July 21 – 24, 26 August

10, 18, 19, 22 – 25, 28, 29 September

5 – 13 October 7, 8, 27 November

12 December

Tamoun Village 8 4, 5, 29, 30 January 1, 19, 26 February

26 March

Al-Jalameh, Beit Qad, and Jalboun Villages 5 12, 28 January

23, 25, 27 March

Ya’bad Village 5 20, 23, 24 March 7, 8 May

Jaba’ Village 4 29 April 6 May

15, 18 June 5 Nablus Governorate

City of Nablus 17

20 March 21 – 24, 26 – 28 August

1 September 24 – 31 December

Old City of Nablus 11 6, 20 – 29 January

The Eastern part of Nablus and Balata Camp 19

29 – 31 August 1 September 31 December

6 Bethlehem Governorate

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City of Bethlehem 18 3, 4, 8, 9, 15, 16, 18, 19, 22,

24, 26 – 28 January 2, 7, 12 –14 February

Cities of Beit Jala and Beit Sahour 18 3, 4, 8, 9, 15, 16, 18, 19, 22,

24, 26 – 28 January 2, 7, 12 –14 February

Housan Village 20

9, 11, 16 – 19 January 27 – 29 March

6 – 10 November 8 – 13 December

Battir Village 11 27 – 29 June 3 – 10 August

Nahalin Village 3 27 – 29 June 7 Hebron Governorate

City of Hebron* 31

2 February 18 – 23 March

4 – 8, 11, 12, 16, 22, 23, 29 April

17, 18, 20, 24 May 9, 10, 12 – 15 June

1 – 3 September

Old City of Hebron* 55

1, 4 – 8, 11, 12, 16 – 18, 20, 22, 23, 29 April

3, 6, 9, 10, 15, 17 – 31 May 9, 10, 12 – 15 June

4 – 6, 11, 12, 18, 19 July 1 – 3, 5 September

1 – 2 November 23 December

* Night curfew was also imposed on the city of Hebron throughout April, May, and June 2003. Effects of Closure and Siege on the Various Aspects of Palestinians’ Lives A. Education Closure, siege, and curfews hampered the educational process. Throughout 2003, students in the Gaza Strip were unable to enroll in universities and institutes in the West Bank. As a result of siege and the isolation of Palestinian cities from one another, most university students in the West Bank’s southern governorates were unable to enroll in universities in its northern and central governorates, and vice versa. The military checkpoints in the Gaza Strip prevented students from southern Gaza from regularly reaching universities in Gaza City. The tight siege also prevented thousands of educators from traveling between their homes and workplaces with regularity, resulting in faculty shortages at a number of schools. Permanent and temporary military checkpoints likewise exacerbated the hardships faced by students and educators in reaching their schools, occasionally forcing them to travel on foot for long distances under threat of gunfire from soldiers and settlers. In many cases, students and educators were unable to reach their schools even on foot, or they arrived late. Further, the separation wall obstructed students and educators from reaching their schools in some areas due to closure of the wall’s iron gates. In addition, closure, siege, and curfew had a detrimental effect on students’ psychological health as well as on their educational achievement.

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B. Worship The hermetic siege imposed on the West Bank and Gaza Strip since the outbreak of the Al-Aqsa Intifada has prevented Palestinians from praying in Al-Aqsa Mosque. During the five Fridays in the month of Ramadan, Israel imposed a tight siege around the city of Jerusalem and on the entrances to Jerusalem’s Al-Haram Al-Sharif, with the goal of preventing worshippers over the age 40 from entering the Haram courtyard—even if they were Jerusalem residents. The Israeli occupation authorities likewise closed the Ibrahimi Mosque in Hebron a number of times during 2003, especially on Saturdays and Jewish holidays. Closure also prohibited Christian worshippers from the West Bank and Gaza Strip from reaching holy sites in Jerusalem and Bethlehem (except on Christmas Day). C. Economy Siege, closure, and curfew exacted a tight stranglehold on Palestinian workers. The number of work permits issued for work inside Israel was reduced, and procedures for obtaining such permits became more complicated due to lengthy, complex security checks. Moreover, some workers’ permits were confiscated on the pretext of security, and the Israeli Complaints Officer occasionally haggled with workers, trying to blackmail them and compel them to cooperate with the Israeli intelligence in exchange for obtaining work permits or for the return of confiscated permits. The stringent policy in granting permits prevented tens of thousands of Palestinians from working inside Israel. Further, internal closure led to the dismissal of thousands of Palestinian workers from local factories, because these factories had to stop work. Palestinian factories incurred notable damages due to closure, since they fundamentally depend on raw materials imported from Israel or coming through Israeli ports. Agricultural yields likewise incurred damages due to the inability of farmers to reach their fields, the shortage of raw materials, or the complicated export procedures. The Israeli forces prevented Palestinian fishermen from fishing off the Gaza coastline most days of the year. The tourism sector suffered from near total paralysis due to siege and the deterioration of the security situation. Scores of hotels, restaurants, and shops producing and selling Eastern gifts closed their doors, especially in the cities of Bethlehem, Jericho, and Jerusalem. Most of their workers were laid off, joining the ranks of the unemployed. The transportation sector also incurred damages, as thousands of drivers of vehicles and trucks stopped work because the occupation forces prevented them from traveling on the main roads, as well as due to the destruction and neglect of roads. Poverty among Palestinians exceeded 55 percent due to the falling income rate, and unemployment exceeded 30 percent.12 D. The Health Situation/Deaths at Military Checkpoints The hermetic siege and closure adversely affected the medical and health situation of Palestinian citizens. The work of medical teams was obstructed, and medical personnel were subject to assaults by the occupation forces. Further, many citizens were prevented from reaching hospitals or health centers, either because of the checkpoints at the entrances of Palestinian cities, villages, and camps, or because of the separation wall, which isolated some residential centers in the governorates of the northern West Bank. On 8 February, Khatemah Muhammad I‘lyan, 70, of Kafr Jamal village/Tulkarem, died when the occupation forces prevented the passage of the ambulance transporting her to the hospital in the city of Tulkarem. Ambulances also encountered difficulties crossing checkpoints manned by soldiers. As a result of these difficulties, ambulances are only able to reach the site of the wounded or sick person 30 percent of

12 For more information, see the survey conducted by the Palestinian Central Bureau of Statistics, published in December 2003 and available on the Palestinian Information Center’s Website at http://www.pnic.gov.ps/arabic/labor/labora_w.html.

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the time. Occasionally, the wounded or sick had to reach barriers or checkpoints on their own, forcing many of them to forsake evacuation by ambulance. For this reason, the percentage of women who give birth in hospitals has dropped from 95 percent before the Intifada to less than 50 percent during the Intifada. E. Visits to Detainees in Israeli Prisons Siege, closure, and curfew led to the prohibition of family visits to Palestinians held in Israeli prisons, and this prohibition lasted for most of 2003. Further, Palestinian lawyers were unable to visit the prisoners whose cases they were handling. The Israeli occupation authorities prevented humanitarian organizations, with the exception of the International Committee of the Red Cross, from delivering food to Israeli detention centers. Forty-five percent of detainees’ food used to be supplied by families and humanitarian organizations. VI. Israeli Liability for Violations of Palestinian Citizens’ Rights Criminal Liability Israeli violations such as extra-judicial or willful killing of civilians; torture and inhumane or degrading treatment; settlement; siege; and extensive destruction of private and public property unjustified by military necessity are grave breaches of the 1949 Fourth Geneva Convention Relative to the Protection Civilian Persons in Time of War. Article 5 of the 1977 First Additional Protocol to the Geneva Conventions, concerning the protection of victims of armed international conflicts, considers grave breaches to the Conventions and the Protocol to be war crimes. Further, Article 8 of the 1998 Rome Statute of the International Criminal Court defines the scope of war crimes to include, in addition to the aforementioned cases, “intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects”; “intentionally directing attacks against buildings dedicated to religion, education, art, science, or charitable purposes, historic monuments, and places where the sick and wounded are collected”; and “killing or wounding treacherously individuals belonging to the hostile nation or army.” Article 146 of the Fourth Geneva Convention holds that “Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts.” According to Article 86 of the First Protocol, the states signatories to the Fourth Geneva Convention bear individual and collective responsibility, and it is incumbent upon them to take action to confront parties that intentionally violate the Convention’s provisions; Article 86 states: “The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to prevent all other breaches, of the Convention or of this Protocol.” According to Articles 27 and 28 of the Rome Statute of the International Criminal Court, military commanders are criminally responsible for crimes committed by soldiers under their command and their effective control. Moreover, the heads of states or members of governments are subject to criminal punishment if war crimes are committed based on orders that they themselves issued, even if their national laws do not punish such acts. In the international arena there are judicial precedents pertaining to the trial of persons who committed or ordered war crimes. Among these are the trial of war criminals in World War II (the Nuremburg trials) and the trial of war criminals in Yugoslavia and Rwanda. The form that such trials take varies: The trial could be held before a special temporary court to try specific persons in a specific place or at a specific

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time because specific war crimes were committed, or it could be held before the national judiciary in one of the states that is party to the Fourth Geneva Convention and whose national laws permit such trials. According to Article 88 of the First Protocol, the parties harmed by grave breaches have the right to bring to trial those who ordered or committed such crimes and hold them accountable as war criminals. According to the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, and the 1998 Rome Statute of the International Criminal Court, war crimes are considered crimes to which no statutory limitations apply. The prosecution of Israeli officials for grave violations of Palestinian civilians’ rights necessitates the monitoring of those violations and their documentation in official files. Such files should contain material evidence establishing that violations were committed and incriminating those responsible.13 Civil Liability According to the rules of international humanitarian law, two types of obligations are incumbent upon the occupation authorities. The first entails immediately halting violations and illegal acts, especially collective punishment, such as the siege of cities and villages, the closure of crossings, and the use of excessive and lethal force against civilians. The second entails providing material and financial reparation for the violations committed by the occupation forces and, in so doing, returning things to their previous state. If this is not possible, financial compensation should be paid for damages caused to residents and property as a result of the violations. Thus, the State of Israel bears responsibility for compensating Palestinian citizens and the Palestinian National Authority for the buildings and private and public institutions that the occupation forces bombarded and vandalized, as well as for the land that they bulldozed, the trees that they uprooted, the infrastructure that they destroyed, and the losses to the Palestinian economy as a result of siege, closure, bombardment, and curfew. This is in addition to reparation owed to prisoners, the injured, and the families of innocent people killed for pain and suffering and for the material losses they suffered as a result of imprisonment, injury, or illegitimate killing. Article 3 of the 1907 Hague Convention on Respecting the Laws and Customs of War on Land states: “A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.” Article 52 of the same Convention stipulates that the occupying state immediately pay residents whose property was destroyed or damaged and that “contributions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible.” Israel is bound by the statutes of the Hague Convention as part of international customary law. Some United Nations resolutions, such as General Assembly Resolution 38/144 of 1983, affirm the right of the Palestinian people and the Arab peoples under Israeli occupation to have their resources, wealth, and economic assets returned to them and to receive full compensation for any damage, exploitation, or exhaustion of such resources, wealth, and economic assets. There is a body of international precedents that make it incumbent upon the occupying state to compensate those harmed by the occupation, such as Security Council Resolutions 674, 686, and 687 of 1990, which affirm Iraq’s responsibility for compensating Kuwait for material damages, including damages to the environment; depletion of natural resources; and damages to governments, institutions, or individuals as a result of the Iraqi occupation. If the same standard were applied, the State of Israel would be obligated to compensate the Palestinians who have been harmed as a result of the occupation forces’ illegal practices.14

13 See Daoud Dir’awi, War Crimes and Crimes against Humanity: Israel’s Liability during the Al-Aqsa Intifada (Ramallah: PICCR, 2001). 14 See Abdel Rahim Taha, Compensation for those Harmed by Hostile Acts during the Al-Aqsa Intifada (Ramallah: PICCR, 2001).

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APPENDICES

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183

APPENDIX 1

A SAMPLE OF CASES

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Complaint no. 1 Complaint by citizen F.M. against his detention by the Military Intelligence agency

Facts of the Complaint:

1. On 8 November 1994, the said citizen was arrested by the Military Intelligence agency in Gaza. 2. On 19 December 2000, the High Court of Justice in Gaza issued a decision ordering the release of

the said citizen, but this decision was not carried out. PICCR’s Follow-up:

- On 21 April 2001, PICCR received a complaint from the family of the said citizen. - On 28 April 2001, PICCR contacted the Attorney General, the President of the High Court, the

Minister of Justice, the Director General of Security, and the Director of Military Intelligence, demanding that they work to release the said citizen in implementation of the High Court of Justice’s decision.

- On 24 June 2001, PICCR sent a reminder letter to the above-mentioned parties on the same subject, but it did not receive any responses.

- On 27 May 2001, PICCR contacted the President of the Palestinian National Authority, calling on him to intervene to release the said citizen.

- On 15 March 2003, PICCR sent another letter to the President of the Palestinian National Authority on the same subject.

Results of the Follow-up:

- On 15 March 2003, PICCR received a copy of the letter from the President of the Palestinian National Authority to: the Director of General Security, the Director of Military Intelligence, the President of the Organization and Administration Board, the acting Police Director, and the Chief Justice. The letter was in regards to the necessity of finding a solution to the issue.

- On 12 May 2003, the said citizen was released. - On 25 May 2003, the said citizen visited the PICCR office in Gaza and extended his thanks for

PICCR’s efforts to secure his release. - The case was closed after the said citizen’s release.

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Complaint no. 2 Complaint by citizen 'A.Gh. against the Ministry of Tourism and Antiquities

Facts of the Complaint:

1. The said citizen has been working as the Chairperson of the Tourism Professions Department of the Ministry of Tourism and Antiquities in Nablus since 1996.

2. The citizen reported that he had been deserving of a second-grade ranking since 1 September 2000.

3. On 1 September 2000, the said citizen submitted a request for obtaining a second-grade ranking, but to no avail.

PICCR’s Follow-up:

- On 9 February 2003, PICCR received the said citizen’s complaint. - On 18 February 2003, PICCR contacted the Ministry of Tourism and Antiquities, demanding that

the said citizen’s claims be examined. - On 9 April 2003, PICCR sent a reminder letter to the Minister of Tourism and Antiquities.

Results of the Follow-up:

- On 13 April 2003, PICCR received a response from the Ministry of Tourism and Antiquities stating the following: • The citizen’s claim that he had been deserving of a second-grade ranking since 1 September

2000 is inaccurate, in that promotion is awarded based on evaluation. The citizen did deserve for such evaluation to take place so that a decision with a recommendation could be made to the General Personnel Office. Evaluation did not take place, however, and in this regard the ministry was remiss.

• The Ministry decided to delay review of promotions earned by citizens until ministry restructuring had been completed and the placement of employees, along with specific job descriptions, had been determined according to the new structure.

- On 24 June 2003, PICCR contacted the Ministry of Tourism and Antiquities once again, demanding the evaluation of employees so as to clear the way for making decisions regarding their promotion.

- On 15 July 2003, PICCR received a letter of thanks from the said citizen after he obtained a second-grade ranking.

- The case was closed with the cooperation of the Ministry of Tourism and Antiquities.

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Complaint no. 3 Complaint by patients with kidney failure regarding the shortage of kidney dialysis

machines at Al-Shifa` hospital in Gaza Facts of the Complaint:

1. Kidney disease patients at Al-Shifa` hospital in Gaza are suffering from health dangers due to the shortage of equipment used in kidney dialysis (a process that must be repeated three to four times per week), the many problems with the equipment available, and the shortage of necessary medicines.

PICCR’s Follow-up:

- On 15 March 2003, PICCR received the complaint of the patients with kidney failure (135 in number).

- On 6 April 2003, PICCR contacted the Minister of Health to seek an explanation for the said citizens’ complaint.

- On 10 May 2003, PICCR sent a reminder letter to the Minister of Health on the same subject. - PICCR contacted officials in the Ministry of Health and Al-Shifa` hospital a number of times.

Results of the Follow-up:

- On 17 May 2003, PICCR received a response from the Ministry of Health/Director General of International Cooperation stating: “The ministry is exerting its utmost efforts, under severe budgetary shortages, to provide new kidney dialysis equipment. It was agreed that 13 new machines would be procured to modernize the existing equipment at Al-Shifa` hospital. The process of overhaul and repair is ongoing in order to continue to provide this important service.”

- On 17 June 2003, PICCR received a second response from the Minister of Health on the same subject. It stated: “Three kidney dialysis machines were shipped to Gaza and four additional machines have been provided. Work is underway to provide six machines that will be sent to Palestine as soon as they are ready.”

- The citizens who filed the complaint were contacted, and they confirmed that service provision related to the subject of the complaint had improved.

- The case was closed with the cooperation of the Ministry of Health.

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Complaint no. 4 Complaint by residents of Al-Sha’rawiya area/Tulkarem regarding lack of repair on the

road leading to their villages

Facts of the Complaint:

1. Twenty citizens from Al-Sha’rawiya complained that the road connecting the villages of the Al-Sha’rawiya area to the city of Tulkarem (which is seven kilometres in length and used by approximately 60,000 citizens) is in extremely poor condition from the entrance of the city until the village of ‘Attil.

2. The citizens reported that the Ministry of Housing and Public Works did not repair any section of the road, and with the passage of time the state of the road had worsened.

3. The citizens reported that the Ministry of Housing and Public Works’ failure to repair the road is due to its reliance on PECDAR’s promises to open bidding on repairing and widening the road.

4. The citizens demanded more than once that the Ministry of Housing and Public Works and Housing repair the road, but to no avail.

PICCR’s Follow-up:

- On 23 March 2003, PICCR received the complaint from the residents of the said area. - A PICCR researcher went to PECDAR, where the Director informed him that the final date for

beginning work on the road had not yet been determined and the matter might take months, but this does not prevent the Ministry of Housing and Public Works from filling holes, which would alleviate citizens’ suffering while travelling the road.

- On 8 April 2003, PICCR contacted the Ministry of Housing and Public Works seeking an explanation for the lack of repair on the road.

- On 11 May 2003, PICCR sent a reminder letter to the Minister of Housing and Public Works. Results of the Follow-up:

- On 21 May 2003, PICCR received a response from the Ministry of Housing and Public Works reporting the following: • The ministry is unable to perform maintenance work on the said road or most other roads due

to prevailing conditions, which prevent maintenance crews from reaching the designated locations.

• The Ministry has given this area substantial attention, as it realizes the importance of repairing the road. A bid was made in this regard by PECDAR, and the contractor has not yet begun work.

- On 1 December 2003, a PICCR delegate in the northern West Bank reported that roadwork had begun.

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Complaint no. 5 Complaint by citizen A. R. regarding the rescinding of his job promotion after its

approval by the General Personnel Office

Facts of the Complaint:

1. The said citizen has worked as an English language teacher at the seventh-grade level at the Girls’ Secondary School in Gaza since 1998.

2. The said citizen received a letter notifying him of his promotion to the sixth-grade ranking, effective as of 1 January 2003, five years after his appointment, by order of a decision issued by the General Personnel Office.

3. On 29 March 2003, the said citizen was informed by the General Personnel Office, by way of the school director, that his promotion had been cancelled because he did not obtain a 75 percent rating on the past annual reports—despite the fact that he had not been notified of the results of any evaluation since the date he began work.

4. The said citizen complained to all relevant parties, but without result. PICCR’s Follow-up:

- On 1 April 2003, PICCR received the said citizen’s complaint. - On 7 April 2003, PICCR contacted the head of the General Personnel Office seeking an

explanation for the said citizen’s complaint. - On 3 May 2003, a PICCR representative held a meeting with General Personnel Office advisers. - On 10 May 2003, PICCR sent a reminder letter to the head of the General Personnel Office on

the same subject. Results of the Follow-up:

- On 7 June 2003, PICCR received a response from the head of the General Personnel Office stating: “A letter was sent from the General Personnel Office to the Ministry of Education containing the employee’s promotion to the sixth-grade ranking, effective from 1 January 2003.”

- The said citizen contacted PICCR to extend his thanks. - The case was closed with the cooperation of the General Personnel Office.

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Complaint no. 6 Complaint by 'A.Kh. regarding his beating and attempted abduction by members of the

Preventive Security agency Facts of the Complaint:

1. The said citizen is a news photographer for a local newspaper. 2. On 29 March 2003, as the said citizen was carrying out his work, a group from the Preventive

Security agency attacked him in the courtyard of the Legislative Council. They beat and attempted to abduct him; some of his colleagues in the area at the time of the incident prevented his abduction.

PICCR’s Follow-up:

- On 1 April 2003, PICCR received the said citizen’s complaint. - On 6 April 2003, PICCR contacted the Director of Preventive Security, demanding that he

investigate the said citizen’s complaint. Results of the Follow-up:

- On 9 April 2003, PICCR received a response from the Deputy Director of Preventive Security stating: “Although the case is personal in nature and not related to official or press work, the Preventive Security agency exerts control over our officers’ conduct and obliges them to respect the rule of law and be governed by it in resolving their problems, even those which are personal. Thus, punitive measures were taken against the agency members who were party to the problem.” The response also stated that the relevant authorities within the agency followed up the case and reached a settlement between the parties.

- The complainant was contacted and informed of the response. He confirmed that a settlement of the case had taken place and thanked PICCR for its follow-up.

- The case was closed with the cooperation of the Preventive Security agency.

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Compliant no. 7 Complaint by the Chairperson of the Administrative Board of Al-Shifa` Tower in Gaza

regarding the refusal of Palestinian police to pay the costs of services and maintenance in a rented apartment

Facts of the Complaint:

1. The chairperson of the administrative board of Al-Shifa` Tower in Gaza reported that members of the Palestinian police were living in one of the building’s apartments, which had been used as a police guest house for six years.

2. For three years, the police have refused to pay the costs of services and maintenance. 3. Contacting the responsible authorities within the police agency did not yield any result in this

regard. PICCR’s Follow-up:

- On 26 May 2003, PICCR received the said citizen’s complaint. - On 2 June 2003, PICCR contacted the police director seeking an explanation on the subject of the

complaint. - On 9 July 2003, PICCR sent a reminder letter to the police director. - On 7 October 2003, a meeting was held with the police Director General of Central Operations to

follow up the case. Results of the Follow-up:

- On 8 October 2003, the police Central Operations division contacted PICCR and requested that the citizen report to the police financial department for payment of the balance.

- On 11 October 2003, the administrative board of Al-Shifa` Tower published its thanks to PICCR for its role in resolving the case in the Al-Ayyam newspaper.

- The case was closed with the cooperation of the police.

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Complaint no. 8 Complaint by a number of veterinarians in the Gaza governorates

Facts of the Complaint:

1. The complainants are university graduates who obtained Bachelor’s degrees in veterinary medicine between 1977 and 1998.

2. The complainants (who are six in number) reported that they submitted applications for veterinarian positions based on an advertisement issued by the Ministry of Agriculture in Gaza. Their applications were accepted and examinations and interviews were conducted, and the measures for hiring had been initiated.

3. The complainants reported that they were informed by the relevant parties within the Ministry of Agriculture and the General Personnel Office of a delay in their hiring due to unforeseen circumstances.

4. The complainants reported that they were surprised to learn that five veterinary graduates were hired who did not submit applications prior to the complainants (even though none of the complainants was hired).

PICCR’s Follow-up:

- On 9 June 2003, PICCR received the said citizens’ complaint. - On 16 June 2003, PICCR contacted the Minister of Agriculture and the head of the General

Personnel Office seeking an explanation for the said citizens’ complaint. - On 19 July 2003, PICCR sent a reminder letter to the Minister of Agriculture and the head of the

General Personnel Office. - PICCR subsequently met with representatives of the General Personnel Office to follow up the

case. Results of the Follow-up:

- On 22 June 2003, PICCR received a response from the Ministry of Agriculture stating: “In 1998 there was an advertisement at the Ministry of Agriculture on a competition to hire a number of agricultural engineers, veterinarians, and other specialists to work in the ministry. An interview committee was formed, with the participation of a delegate from the General Personnel Office. More than 200 applicants were interviewed for this purpose, among them the complainants, and priority was given to workers based on the unemployment clause, wherein they are given tenure. With regards to the latest appointments at the ministry, they were made to fill vacancies at the border crossings. They carried special requirements that did not apply to most of the complainants, of whom only those who met the requirements were summoned. Five applicants were selected according to results agreed upon by the committee, and there was follow-up with the others to appoint them. Due to the conditions in our country, however, hiring procedures by the General Personal Office were halted. Furthermore, any hiring competition is good for only a year after it is held, and the applicants have the right to apply to any new competition upon its announcement.”

- On 2 September 2003, PICCR received a response from the General Personnel Office stating: “A committee was formed to interview nominees for the position (veterinarian) in accordance with the external advertisement for employment at the Ministry of Agriculture, contingent on there being space for successful applicants when the Ministry was in need as well as on the availability

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of the required funds. Based on the decision of the Chairperson, appointments were halted in April 2001, and appointment became contingent on new vacancies or a new budget. This was stated in a letter from the Minister of Agriculture on 15 April 2003, appointing five citizens to vacancies based on the committee’s recommendations.”

- The citizens were informed of the responses received. - The case was closed with the cooperation of the Ministry of Agriculture and the General

Personnel Office.

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Complaint no. 9 Complaint by citizen Y.A.'A. against a decision by the Minister of Education

Facts of the Complaint:

1. On 7 August 1999, the Ministry of Education changed the said citizen’s position at the Beit ‘Awa Primary School from school principal to teacher.

2. On 9 September 1999, the citizen contested this decision before the High Court of Justice in Ramallah.

3. On 3 April 2003, the High Court of Justice issued a ruling ordering abrogation of the Minister of Education’s decision and reinstatement of the citizen in his position as the primary school principal.

4. The citizen demanded that the Ministry of Education implement the court ruling and reinstate him as principal of the Beit ‘Awa Primary School, but to no avail.

PICCR’s Follow-up:

- On 18 June 2003, PICCR received the said citizen’s complaint. - On 18 June 2003, PICCR contacted the Minister of Education seeking an explanation for why the

High Court of Justice ruling had not been carried out. - On 28 July 2003, PICCR contacted the Minister of Justice, the Palestinian Legislative Council

Committee on Oversight and Human Rights, and the Bar Association, demanding that they work to compel the Ministry of Education to implement the High Court of Justice ruling.

Results of the Follow-up:

- On 6 September 2003, the said citizen received a letter from the Ministry of Education informing him of his reinstatement as school principal.

- On 7 October 2003, PICCR received a letter of thanks from the said citizen for its efforts toward seeing that the High Court of Justice ruling was carried out.

- The case was closed with the cooperation of the Ministry of Education.

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Complaint no. 10 Complaint by citizen H.S. regarding his arrest by the Preventive Security agency

Facts of the Complaint:

1. On 25 December 2002, the said citizen was arrested by the Preventive Security agency in Gaza. PICCR’s Follow-up:

- On 1 July 2003, PICCR received a complaint from the family of the said citizen. - On 9 July 2003, PICCR contacted the Director of Preventive Security demanding an examination

of the complaint of the said citizen’s family. - On 20 July 2003, a PICCR representative met with the Attorney General regarding the same

subject. - On 21 July 2003, PICCR contacted the Attorney General seeking an explanation for the legal

measures taken for the said citizen. - On 29 July 2003, a PICCR representative visited the prison where the citizen was being held and

interviewed the Director of Interrogation. - On 6 September 2003, PICCR sent a reminder letter to the Attorney General on the same subject.

Results of the Follow-up:

- On 14 July 2003, PICCR received a response from the Preventive Security agency stating that the said citizen was being held under the custody of the Office of the Attorney General/second department in Gaza.

- PICCR did not receive any response from the Attorney General on the subject. - The said citizen contacted PICCR and reported that he was released without trial on 11

September 2003. He thanked PICCR for its follow-up during his detention. - The case was closed after the said citizen was released.

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Complaint no. 11 Complaint by citizen Y.'A.D. against the kidney dialysis unit of the

Beit Jala government hospital

Facts of the Complaint:

1. The said citizen has suffered from kidney failure since 1990 and receives treatment at the Beit Jala government hospital.

2. The citizen reported that he receives 12 blood boosting injections only per month, although he needs (according to his claim) 24. 3. The said injections are not always available or available in sufficient number, because the

hospital does not receive the required quantities from the Ministry. 4. The hospital lacks a physician specializing in the kidney dialysis process.

PICCR’s Follow-up:

- On 9 April 2003, PICCR received the said citizen’s complaint. A PICCR delegate then visited the kidney dialysis unit at the Beit Jala government hospital to investigate the complaint’s veracity. The delegate met with kidney disease patients as well as the hospital director and reached the following conclusions: 1. The four machines present in the hospital are old and constantly broken down, and their

production capacity is equivalent to that of 1.5 machines, according to the estimations of the hospital director.

2. When the machines are broken down, patients are sometimes transferred to the government hospitals in Hebron and Ramallah. They are admitted only after 4:00 P.M., since these hospitals are tied up with prior appointments of patients from these two areas (Hebron and Ramallah). This means that the transfer patients from the Bethlehem area do not return to their homes until the late hours of the night.

3. The number of patients who need kidney dialysis two or more times per week in the Bethlehem governorate fluctuates between 18 and 20.

4. There is not a specialist physician to oversee the kidney dialysis unit. Moreover, the hospital is in need of a number of nurses, as there are only two who are qualified.

- On 20 May 2003, PICCR contacted the Deputy Minister of Health seeking an explanation for the said citizen’s complaint.

- On 2 August 2003, PICCR contacted the Minister of Health seeking an explanation regarding the contents of the complaint.

Results of the Follow-up:

- On 20 May 2003, PICCR received a response from the Deputy Minister of Health stating that the hospitals are suffering from a shortage of medicines as a result of prevailing conditions and the inability of companies to maintain supply.

- In December 2003, PICCR issued a special report on the suffering of patients with kidney disease, delineating the problems at kidney dialysis units, including the unit at the Beit Jala government hospital. It sent a copy of the report to the relevant Palestinian authorities.

- As of the end of 2003, there had been improvement at the kidney dialysis unit, where the number of machines had increased to seven. Nonetheless, some of the problems persisted.

- PICCR will continue to follow up this case with the Ministry of Health until it is satisfactorily resolved.

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Complaint no. 12 Complaint by citizen Muhammad Said Hussein ‘Oudeh regarding the death of

quadruplets at Al-Shifa` hospital in Gaza

Facts of the Complaint: 1. On 7 October 2003, the wife of the said citizen gave birth to four children (quadruplets) at Al-

Shifa` hospital in Gaza. Because of their low birth weight, they were placed in the nursery department. The citizen visited them daily, and they were in good health.

2. On 12 October 2003, one of the four children died. Two more died on 15 October, and the fourth died on 17 October.

3. The said citizen reported that after he sought an explanation for the death of his children from the hospital administration, he was informed that it was due to a virus at the hospital but was not given any additional details.

4. The said citizen submitted a complaint to the Office of the Attorney General on 5 October 2003. PICCR’s Follow-up:

- On 3 November 2003, PICCR received the said citizen’s complaint. - On 9 November 2003, PICCR contacted the Minister of Health, demanding that he investigate the

said citizen’s complaint. - On 2 December 2003, PICCR sent a reminder letter to the Minister of Health regarding the above

subject. Results of the Follow-up:

- On 29 November 2003, PICCR received a response from the Director General of the Ministry of Health in the Gaza Strip, stating that the Director General of Hospitals had been contacted regarding the investigation of the circumstances surrounding the deaths of the quadruplets in the nursery of Al-Shifa` hospital.

- On 10 December 2003, PICCR received a response from the Ministry of Health stating the following: • On 7 October 2003, the wife of citizen Muhammad Said ‘Oudeh gave birth to quadruplets at

Al-Shifa` hospital in Gaza, during the thirty-second week of her pregnancy. They were suffering from severely low birth weight and severe underdevelopment and were thus sent to the newborns department of Al-Shifa` hospital.

• The infants’ severely low birth weight and underdevelopment led to extreme weakness in their immune and defensive systems. They were thus exposed to an attack by microbes present in the body of the infant, leading to their deaths. Most of these microbes were resistant to antibiotics; approximately 50 percent severely underweight and underdeveloped infants die from this cause worldwide each year.

• Samples were taken from the nursery during this period, and all samples were free of the internationally microbes.

• As instructed by PICCR, the said citizen complained to the office of the Attorney General. • PICCR will continue to follow up the case until it is brought before the relevant court.

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Complaint no. 13 Request by a number of taxi drivers and driving schools in the Jenin, Tulkarem,

and Qalqilya governorates to activate traffic directorates in their regions

Facts of the Complaint:

1. The traffic directorates in the said governorates lack a sufficient number of employees, leading to the delay of service provision for citizens. In particular, these directorates suffer from the following difficulties: - Lack of traffic guards (and the one employee in this office works in the Nablus directorate). - Lack of employees who specialize in traffic engineering in the said directorates. - Lack of regularity in the work of the office of driver education schools, in addition to the lack

of sufficient employees in these directorates. 2. The lack of a complete cadre of employees in the traffic directorates in the Jenin, Tulkarem, and

Qalqilya governorates forces citizens to go to the city of Nablus to complete their transactions. 3. The citizens demanded that the Ministry of Transportation take the necessary measures to activate

the traffic directorates in their governorates, so as to enable them to obtain services in a reasonable manner.

PICCR’s Follow-up:

- On 18 November 2003, PICCR received the complaint from the citizens (30 in number). - On 22 November 2003, PICCR contacted the Minister of Transportation, demanding that he look

into the said citizens’ complaint, specifically the possibility of filling the shortage of traffic directorate employees in the Jenin, Tulkarem, and Qalqilya governorates, and activating the work of those directorates.

Results of the Follow-up:

- On 14 December 2003, PICCR received a response from the Assistant Deputy of the Ministry of Transportation stating: • The subject of the complaint is of special concern to the Minister. Since he assumed office, a

special workshop was held with the aim of making ministry offices in the cities self – sufficient as far as meeting citizens' needs are concerned, in line with the concept of decentralization. Moreover, the Minister is working to put in place solutions at the root level for all issues related to citizens’ needs in all areas of the Ministry.

• The partial relaxation in the security situation that we are now witnessing will help to hasten resolution of the issues raised.

- PICCR will follow up the case with the Ministry of Transportation until the traffic directorates in the Tulkarem, Qalqilya, and Jenin governorates are activated.

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Complaint no. 14 Complaint by citizen I.M.N. regarding his request for retirement entitlements

Facts of the Complaint:

1. The said citizen reported that he worked for the Ministry of Labor as Director of the Professional Training Center in Jenin from 1969 to 1974.

2. The citizen reported that from 1974 until his retirement on 19 October 1997, he worked as a labor inspector in Jenin.

3. The citizen reported that when he submitted his resignation, the former director of the Jenin labor office informed him of the need for review by the Office of Salaries and Civilian Pensions at the Ministry of Finance to settle his retirement earnings.

4. The citizen reported that he turned to the above office to obtain his retirement earnings, but the office informed him that they needed a letter with his classification.

5. The citizen reported that he turned to the relevant Israeli authorities in Bet El to obtain the letter of classification, but he did not receive any response.

6. The citizen reported that the Committee on Salaries and Civilian Pension returned his file to the Ministry of Labor in 2001 for completion of the missing letter of classification.

7. The citizen reported that since his retirement in 1997, he has not received any income or advance payment.

8. The citizen demands that the Ministry of Labor solve his unresolved problem with the Office of Salaries and Civilian Pension, especially as regards the letter of classification.

PICCR’s Follow-up:

- On 24 May 2003, PICCR received the said citizen’s complaint. - On 24 May 2003, PICCR contacted the Minister of Labor, demanding resolution of the citizen’s

unresolved problem with the Office of Salaries and Civilian Pension, especially as regards the letter of classification.

- On 17 June 2003, PICCR sent a reminder letter to the Minister of Labor. - On 28 June 2003, a PICCR delegate met with the Minister of Labor and the Deputy Director

General for Administrative and Financial Affairs at the Ministry of Labor. - On 22 October 2003, a PICCR delegate met with the Director of the Office of Salaries and

Civilian Pension at the Ministry of Finance. Results of the Follow-up:

- On 19 June 2003, PICCR received a response from the Minister of Labor stating: • The file of the said citizen was transferred to the Ministry of Finance immediately after his

retirement. • The said citizen was informed more than once that he was required to bring credentials, an

affidavit, and a letter of service classification. • The said citizen did not bring a letter of service classification, and this is the reason for his not

obtaining retirement payments. • The subject of the citizen is continuing with us, and we were informed by the Ministry of

Finance that his file would be submitted again to the Committee on Civilian Pension at the Ministry of Finance.

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- The citizen was informed of the need to bring credentials, an affidavit, and a letter of service classification. After he brought them, they were sent to the Ministry of Labor.

- On 21 December 2003, the Committee on Civilian Pension met and issued its decision regarding the said citizen’s earnings.

- On 23 December 2003, the said citizen contacted PICCR and thanked them for handling his case. - The case was closed with the cooperation of the Ministries of Labor and Finance.

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APPENDIX 2

PRESS RELEASES∗ ∗ Press releases issued by PICCR, appearing in the order in which they were issued.

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Date: 11 February 2003

Press Release Attack on the Director of the Palestine Office of Al-Jazeera Satellite Channel

On 5 February 2003, as Wa`el Abu Daqqa, director of the Palestine office of Al-Jazeera satellite channel, approached his car, which was parked in the bottom-floor garage of the Mukhmas Building in Al-Balou’ neighborhood, Al-Bireh, an explosive affixed to the car’s left wheel detonated. The car was damaged, but, fortunately, Abu Daqqa escaped unharmed.

This incident occurred after a series of assaults on journalists and media institutions working in the occupied Palestinian territories. Journalists have been subjected to repeated assaults by the occupation authorities while covering the events of the Al-Aqsa Intifada—assaults that ranged from killing, to injury, to physical and psychological violence. Journalists have also come under assault by various official and non-official Palestinian parties. These assaults ranged from physical assaults, to detention, to destruction of equipment. In the case of the assault on Abu Daqqa, no Palestinian party claimed responsibility for planting the explosive in his car. However, there are indications that a Palestinian party was behind this criminal incident.

The Palestinian Independent Commission for Citizens’ Rights denounces the assault on Abu Daqqa and regards with extreme gravity the assaults on Palestinian and non-Palestinian journalists, who cover the events of the Intifada under difficult, complex, and dangerous circumstances. PICCR calls on all relevant Palestinian parties to undertake the following:

1. Respect the freedom of journalists and provide the support they need to carry out their tasks and responsibilities.

2. Palestinian authorities charged with law enforcement, foremost of which are the police and Office of the Attorney General, must conduct an earnest investigation into this regrettable incident in order to identify the assailants and bring them to trial.

3. Upon completion of the investigation, its results must be made public. In conclusion, PICCR affirms that protection of journalists and media institutions from any assault is a legal duty—as well as a national one.

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217

Date: 3 March 2003

Press Release

Assault on Human Rights and Media Institutions in Nablus

According to information provided to PICCR, an armed group of four masked assailants attacked the headquarters of Nablus Radio and Television, located in the Kamil Sa’d Al-Din building, on the evening of Sunday, 2 March 2003. They assaulted employees at the headquarters and smashed up television and radio equipment, causing the Nablus Radio and Television broadcast to go off the air.

This unfortunate incident was preceded by an assault on the headquarters of International Solidarity for Human Rights, housed in the Khalid Al-‘Asi building in Nablus, on the evening of Friday, 28 February 2003. During the assault, the main door of the headquarters was broken, and computer and electrical equipment belonging to the institution were stolen.

The Palestinian Independent Commission for Citizens’ Rights condemns the assaults on the headquarters of Nablus Radio and Television and the International Solidarity for Human Rights, along with the accompanying vandalism and theft of equipment. It views such assaults with extreme gravity. They constitute an infringement on freedom of opinion and expression, as well as an attack on the security and safety of Palestinian citizens and their property.

In light of repeated cases of assault by masked groups on institutions and individuals, PICCR calls on relevant Palestinian officials to conduct serious investigations into such incidents, to take effective steps to halt them, and to make those responsible accountable, so as not to strip Palestinian society of internal harmony and security.

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219

Date: 27 July 2003

Press Release

Misuse of Firearms and Attacks on Officials

Misuse of firearms led recently to the death of Amneh Abu Hijleh, a 36-year-old mother of three from Nablus. She died instantly upon being hit by a stray bullet fired by militants as they were abducting a citizen in Nablus on 17 July 2003. Misuse of firearms also led to the death of Majdi Fathi Abu Mu’awad, 20, of Jabalya Camp, who died instantly upon being hit by a bullet fired by a Palestinian militant. This is in addition to the killing of a number of citizens by Palestinian militants under various circumstances during 2003. Those killed include the following: Kayed Shalbayeh, of Al-Am’ari Camp, on 6 July; Mahmoud Zayid Al-Issawi, of Ramallah, on 29 May; ‘Ala` Rida Khalil Daghlas, of Nablus, on 18 May; Suleiman Ra`fat Al-Jayousi, of Tulkarem, on 16 June; Mahmoud Salameh Abu Mandil, of Al-Maghazi Camp, on 2 June; Khalid Mustafa Kamil, of Qabatyeh, on 17 May; Hani ‘Atiyeh Al-Madhoun, of Jabalya, on 15 April; Mahmoud Raja Jaber, of Kefil Haris, on 17 March; Ahmad Tayel Faris, of Deir Istya, on 17 March; Hikmat Shukri Yassin, of Kobar, on 13 March; and Mahmoud Adel Hajjaj, of Farkha/Qalqilya, on 13 March.

Furthermore, in recent weeks there have been a number of attacks on Palestinian officials, most prominently: 1. The firing of a rocket-propelled grenade at the office of General Musa Arafat, head of the Military Intelligence Agency, in the Saraya building in Gaza on 24 July: Although General Arafat escaped the assassination attempt, 10 prisoners housed at the adjacent Gaza Reform and Rehabilitation Center sustained minor injuries. 2. The abduction and beating of Haidar Irsheid, acting governor of Jenin, on 19 July, by Palestinian militants after he was accused of embezzling aid funds earmarked for Jenin Camp. 3. The attack by a group of Palestinian demonstrators on the Palestinian Center for Policy and Survey Research, entailing the breaking of PSR windows in addition to an attempted attack on the director: The attack occurred after the results were leaked of a PSR opinion poll on refugees’ preferences regarding exercise of the right of return.

The Palestinian Independent Commission for Citizens’ Rights condemns the spread of the phenomenon of the misuse of firearms in some Palestinian cities and villages—a phenomenon that has recently led to the deaths of Amneh Abu Hijleh and Majdi Fathi Abu Mu’awad, in addition to the injury of a number of ordinary citizens and members of security agencies. PICCR likewise condemns the continued spread of taking the law into one’s own hands, which is an extremely dangerous phenomenon, particularly after having affected Palestinian officials and government and community institutions. In the interest of preventing repetition of such incidents and bringing them to a halt, PICCR affirms that the Palestinian Authority must do the following:

1. It must conduct a serious investigation into the aforementioned attacks, above all those against Palestinian officials. It must identify the perpetrators and planners of these attacks and pursue them judicially. In the case of the attack on the acting governor of Jenin, the investigative committee formed by President Arafat must carry out its duty to uncover the truth regarding accusations that he embezzled funds.

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2. It must put an immediate end to the chaos of firearms and masked militants, conduct a serious investigation of every incident in which misuse of firearms caused a death, and make the results of such investigations public.

3. It must put an immediate end to the phenomenon of taking the law into one’s own hands, which endangers the fabric of Palestinian society and the security of Palestinian citizens.

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Date: 14 September 2003

Press Release Decision of the Israeli Government to Remove Palestinian President Yasser Arafat

The Palestinian Independent Commission for Citizens’ Rights condemns the Israeli government’s decision, issued on the evening of Thursday, 11 September 2003, authorizing the removal of President Yasser Arafat. The recent Israeli decision came approximately two years after President Arafat was isolated and besieged in the Muqata’a headquarters in Ramallah.

President Arafat is the elected president of the Palestinian people. The Israeli government must negotiate with him on matters of dispute and must refrain from taking oppressive, illegal measures against him. In view of what President Arafat represents, any attack on him is an attack on the Palestinian people and their national cause.

In this context, PICCR affirms that exile or assassination of the president would be illegal under international law and would constitute a grave violation of the provisions of the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. It goes without saying that exiling President Arafat would have dangerous, far-reaching political consequences.

PICCR reiterates its principled position rejecting the targeting of civilians, whether by killing, siege, impoverishment, or humiliation. It affirms that the unjust Israeli decision to remove the elected Palestinian president constitutes a dangerous escalation. If carried out, it will herald a rise in the tenor of the Palestinian-Israeli conflict to such an extent that it is difficult to foretell the consequences and will be difficult to contain the effects.

The Palestinian Independent Commission for Citizens’ Rights thus calls for the following:

1. The international community must work earnestly and quickly toward abolishing the oppressive, illegal Israeli decision against President Arafat.

2. There must be an immediate halt to all attacks targeting innocent civilians on both sides of the conflict.

3. There must be rapid work toward implementing the road map plan agreed upon by the two sides and endorsed by the international community. There must be a halt to all practices that impede the plan’s implementation, such as assassinations, construction of the separation wall, strangling siege, and demolition of houses and installations.

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Date: 14 September 2003

Press Release Attack on the Office of Al-Arabia Satellite Channel

According to information obtained by PICCR, five masked assailants stormed the office of Al-Arabia Satellite News Channel at approximately 9:30 P.M. on Saturday, 13 September. The office is located in the Fa`iq and Khadar Yassin Building on Al-Madaris Street in Ramallah. Threatening to use weapons, the masked assailants detained three employees in one room and broke doors, windowpanes, and computers. They threatened office employees, declaring: “This is the final warning to Al-Arabia Channel. The next time there will be an attack on the employees.” One of the news channel’s correspondents reported that a few hours prior to the attack, he received threatening phone calls related to news coverage of controversies and deliberations surrounding the formation of the Palestinian government.

These intolerable acts come at a time of intensified Israeli attacks targeting Palestinian political leaders, foremost among them President Yasser Arafat (on 11 September 2003, the Israeli government authorized his removal). Under such complex and trying circumstances, free media coverage assumes a special importance in the disclosure of Israeli intentions and stratagems against the Palestinian people and their leaders.

The Palestinian Independent Commission for Citizens’ Rights thus condemns the irresponsible acts of the masked assailants, whose identities and motives remain unknown, as well as what they imply by way of an attack on the freedom of the media and safety of media employees. It urges the Palestinian security agencies to provide, to the extent possible, the necessary protection to journalists and media offices. This is to enable members of the media to carry out their professional duties with complete freedom. Further, PICCR calls on Palestinian society to fulfill its role in providing the necessary popular protection, especially in light of the difficulties curtailing the capacity and effectiveness of the security agencies.

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225

Date: 12 October 2003

Press Release Escalation of Israeli Assaults on Palestinians after the Collapse of the Truce

Following the collapse of the truce declared by Palestinian factions under the auspices of the resigning Palestinian government on 29 June 2003, the Israeli occupation forces stepped up their violations of the rights of Palestinian civilians. These violations included assassination operations, deliberate killing, destruction of houses and installations, bulldozing of lands, and construction of the separation wall. This is in addition to the continued detention of thousands of Palestinians in prisons and detention centers under deteriorating living conditions, as well as the continued incursions into Palestinian cities, villages, and camps (including, most recently, the incursion into the cities of Jenin, Tulkarem, and Rafah).

Since the beginning of the Intifada, the occupation forces have killed at least 2,518 Palestinians, including 449 children and 197 who were assassinated. From the start of the truce through this date, 82 Palestinians have been killed, including 19 children and 21 who were assassinated (among them a member of the political leadership of Hamas, Sheikh Ismail Abu Shanab, age 53, on 21 August 2003). Moreover, since the beginning of the Intifada, the occupation forces have destroyed more than 2,774 residential units, including 155 during the truce, and bulldozed more than 38,430 dunams of agricultural land in the Gaza Strip, including 440 dunams since 29 June 2003, and other areas for the purpose of expanding settlements or erecting new military checkpoints. In the West Bank, thousands of dunams have been confiscated or bulldozed in order to complete construction of the separation wall, on which work began in April 2002. Further, the occupation forces recently escalated their assaults on the Gaza Strip: At dawn on Friday, 10 October 2003, they invaded wide sections of the Rafah city and its camp with tanks and armored personnel vehicles supported from the air by Apache helicopter warships, resulting in eight Palestinian deaths and scores of injuries. They also demolished the houses adjacent to the Egyptian-Palestinian border and have, for days, imposed a curfew on the cities of Jenin and Tulkarem.

In light of this escalation and the accompanying threat of a full-scale invasion of the Gaza Strip, and with an aim of preventing the explosion of conditions in the Palestinian territories to such an extent that it would be difficult to foretell the consequences or to contain the effects, the Palestinian Independent Commission for Citizens’ Rights calls for all concerned parties to do the following:

1. The international community must intervene immediately and effectively to rein in Israel and bring a halt to its practices against Palestinian civilians and their property, which are in contravention of the provisions of international law. Such intervention should also aim toward resumption of the political process.

2. The warring sides must comply with the provisions of international humanitarian law, foremost among them the prohibition against targeting civilians through killing, siege, impoverishment, or humiliation.

3. The Palestinian side should rapidly reorganize in a serious and comprehensive manner, especially in settling the issue of the formation of the government and the issue of the distribution of powers between the Presidency and the Cabinet. This will make it easier to face grave challenges—internal and external alike.

4. The Palestinian security forces should address the breakdown in public order, which only recently has resulted in the death and injury of scores of Palestinian citizens.

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Date: 12 October 2003

Press Release Assaults on the Deputy Attorney General in Gaza, Justice Said Sheheiber

According to information obtained by PICCR, when Deputy Attorney General and High Court Justice Said Sheheiber was heading to work in Gaza City on 12 October 2003, three masked militants fired on him, injuring his left thigh. He was transported immediately to the hospital for treatment. Sheheiber is a High Court judge and was assigned to the Office of the Attorney General. The Palestinian Independent Commission for Citizens’ Rights views the attack on the Deputy Attorney General with grave concern, for citizens are supposed to turn to him to investigate crimes and protect them from assault. PICCR condemns this criminal attack and affirms that such cowardly acts go against basic Palestinian values and amount to crossing the “red lines” whose observance had hitherto preserved the cohesion of Palestinian society. In light of the recent repeated assaults on officials, institutions, and individuals by masked militants, PICCR demands the following:

1. The police and other security agencies should conduct an immediate and serious investigation into the attack on Justice Sheheiber in order to determine the perpetrators’ identities and bring them to justice. In this regard, PICCR reiterates its previous demands for serious investigations into all instances of taking the law into one’s own hands that resulted in Palestinian deaths.

2. Palestinian factions and forces within Palestinian society must take an explicit, unequivocal position on instances of taking the law into one’s own hands, which have recently reached alarming proportions and resulted in scores of Palestinian deaths and injuries.

3. Judges and officials of the Office of the Attorney General must be afforded the protection necessary to enable them to perform their duties without reserve, fear, or bias.

4. There must be a halt to the phenomenon of masked militants, as this phenomenon endangers the security and stability of Palestinian society.

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Date: 21 December 2003

Press Release

The Detention of Muhammad Muqbil (Abu Ali Muqbil) On the evening of Saturday, 20 December 2003, the Palestinian security agencies detained Palestinian National Council member, Director General of the Ministry of Youth and Sport, and activist for refugee issues and resistance field activities Muhammad Muqbil (Abu Ali Muqbil), 57, of Ramallah. This came against the backdrop of remarks he made and political positions he expressed at one of the sessions of the ninth annual conference of Muwatin, held at the Grand Park hotel in Ramallah from 18 to 19 December 2003. According to information gathered from Abu Ali Muqbal on 21 December, three members of the General Investigation agency in Ramallah arrived at his house the evening of Saturday, 20 December. They took him to the agency headquarters in the neighborhood of Ein Misbah/Ramallah, where he remained in detention until 11:30 P.M. that night, when they released him into the custody of Fatah Central Committee member Sakher Habash. The Palestinian Independent Commission for Citizens’ Rights condemns the arrest of Abu Ali Muqbil by the Palestinian security forces for expressing political opinions and positions. It affirms its commitment to defend the right of citizens, including the aforementioned citizen, to voice their political and non-political opinions and to express them freely, whether in writing or verbally. In this regard, PICCR reminds the Palestinian security agencies of the necessity of respecting and safeguarding the rights and freedoms stipulated in the Palestinian Basic Law of 2002. PICCR rejects on principle any infringement on freedom of expression, as guaranteed under international agreements and national laws. It thus condemns the arrest of Abu Ali Muqbil and threats against any other participants in this conference or other conferences or forums in which they freely express their political positions and convictions. In conclusion, PICCR demands that the Palestinian National Authority in general, and the Palestinian security forces in particular, respect these rights and freedoms, foremost among them the freedom of expression, and bring into account persons who attack them or those who exercise them.

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APPENDIX 3 LETTERS∗

∗ Sample of letters sent to official agencies concerning issues of public concern.

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Date: 24 February 2003 Number: DSh/3/2003 The Honorable Mr. Naim Abu Al-Humous Minister of Education Ramallah, Palestine Dear Sir: The Palestinian Independent Commission for Citizens’ Rights has received numerous complaints concerning transfers made in the Ministry of Education. Recently, PICCR received 11 complaints in this regard (attached), which may be summarized as follows:

1. There is a lack of clear, disclosed criteria with regards to the transfer of teachers. 2. The complainants claim that they were transferred to locations that are difficult for them to reach,

in addition to being far from their places of residence. 3. Some of the complainants who teach in the city of Nablus claim that they were transferred to the

villages of Nablus, in spite of the fact that they rented residences in the city in an effort to keep to the teaching work hours.

4. Some of the complainants claim that the Ministry of Education demanded their mandatory residence in the villages to which they were transferred, otherwise disbursement of their incomes would be stopped.

5. Some of the complainants claim that the decisions to transfer them constituted discrimination. PICCR hopes that you will review these citizens’ claims. In view of the numerous complaints on this issue, we hope that you will inform us of the criteria used for transferring teachers in the Ministry of Education. Yours sincerely, Dr. Said Zeedani Director General Attached: A list of the complainants who were transferred to villages located far from their places of residence; Complainants Transferred to Villages far from Their Places of Residence

1. ‘Aydah Muhammad Musa Al-Jamal / ‘Asira Al-Shamaliyeh – Nablus 2. Muhi Al-Din ‘Orabi Husni / Deir Sharaf – Nablus 3. Yasin Abdel Fatah Jarar’eh / ‘Asira Al-Shamaliyeh – Nablus 4. Ziad Husni Talal Salahat / Talluza – Nablus 5. Wasim Naim Shafiq Jarar’eh / ‘Asira Al-Shamaliyeh – Nablus 6. Ibtisam Hasan Muhammad Salahat / ‘Asira Al-Shamaliyeh – Nablus 7. Mufdi Muhammad Deeb Sa’adeh / ‘Asira Al-Shamaliyeh – Nablus 8. ‘Arar Abdullah Abdel Rahmen ‘Oudeh / ‘Asira Al-Shamaliyeh – Nablus 9. Jenan Abdel Latif Muhammad Beirawi / ‘Asira Al-Shamaliyeh – Nablus 10. Hisham Musleh Ragheb Salah / Beit Leid – Tulkarem 11. Danya Ahmad Abdel Hamid Saymeh / Nablus

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Date: 7 April 2003 Number: D/6762/2003 The Honorable Mr. Radwan Al-Agha President of the High Judiciary Council Gaza, Palestine Dear Sir: The Palestinian Independent Commission for Citizens’ Rights received a complaint from a number of lawyers from the city of Jenin that included the following:

1. The Jenin Court of First Instance, which commenced work in 2002, is semi-paralyzed because two of its three judges are unable to reach the court.

2. The aforementioned lawyers report that the judges’ absence from their courts is due to the Israeli military checkpoints scattered along the roads leading to the city of Jenin. These checkpoints prevent the judges from reaching their courts, to say nothing of the high transportation costs that they incur during their commute.

3. The lawyers report that the problem could possibly be solved through renting residences to the judges for an amount not exceeding 1,500 Jordanian dinars per year.

4. The lawyers demand that the High Judiciary Council, as the body with jurisdiction, provide temporary residences to the judges in the city of Jenin, especially given that the Jenin Court of First Instance serves more than 300,000 citizens.

PICCR hopes that you will intervene in order to provide temporary residences to the judges and inform us of your response as soon as possible. Yours sincerely, Dr. Said Zeedani Director General

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Date: 14 April 2003 Number: Z/274/2003 The Honorable Chairman and Members of the Palestinian Legislative Council Ramallah, Palestine Dear Sirs and Madams: The Palestinian Independent Commission for Citizens’ Rights affirmed time and time again in its previous annual reports, as well as in its most recent annual report, the necessity of promulgation of laws supporting the oversight of public finances. The text of these laws should oblige oversight authorities, especially the General Control Commission, to present their reports to the Palestinian Legislative Council at the specified times. The PLC, in turn, must assume its role in approving the appointment of head of the General Control Commission. In keeping with this, PICCR welcomes the moves of the Interior, Security, and Local Government Committee in presenting a draft law amending the Law of the General Control Commission on 15 December 2002. This draft law, as clarified by the brief prepared by the Committee, aims to strengthen the independence of the General Control Commission and enhance its effectiveness in safeguarding public finances and achieving transparency. Further, it grants the PLC the power to approve the appointment of head of the General Control Commission and obliges this head to present periodic reports to the PLC. However, even though the PLC chair received the draft law on 15 December 2002, it has not been referred to the relevant committees, as per procedure, so that it may be presented for the general reading. On 25 December 2002, the Chair of the Budget and Financial Affairs Committee presented the draft law concerning the Fiscal and Administrative Control Bureau. The PLC chair referred the draft law to the relevant committees, and it was placed on the agenda of the first PLC session during the first round of the first legislative session, on 14 April 2003. In a workshop held at the PLC to discuss the recent draft law, PICCR affirmed theconsistency with the draft law amending the General Control Commission Law that was previously presented by the Interior Committee. This reflects the absence of a legislative plan on the part of the PLC, which in turn reflected negatively on the legislative process. Further, it reflects the intervention of the PLC chair in the legislative process in a manner that contravened internal regulation. PICCR believes that the draft law amending the General Control Commission Law does that which is required. It amends the name of the Control Commission in keeping with Article 87 of the Basic Law, strengthens the Control Commission’s independence by granting PLC members the right to approve the appointment of its head, and obliges this head to present periodic reports to the PLC. On this basis, PICCR questions the necessity of establishing a new oversight body and abolishing the old body, with all that this would entail in terms of financial and administrative obstacles, especially given that this is in contravention of the provisions of the PLC’s internal regulations. Yours sincerely, Dr. Said Zeedani Director General

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Date: 14 April 2003 Number: D/6774/2003 The Honorable Members of Legal Affairs The Palestinian Monetary Authority Ramallah, Palestine Dear Sirs and Madams: In reference to your letter to PICCR on 12 April 2003 regarding the Department of Legal Affairs’ remarks on the Eighth Annual Report’s reference to the Monetary Authority and PICCR’s handling of related citizens’ grievances, and with our appreciation for your evident interest in the report, we would like to clarify the following matters: 1. The complaint by Fa’eq Badi’ Saqallah: PICCR received this complaint on 6 January 2002, and it concerns the citizen’s claim that his services ended and he did not receive his income disbursement for the period in which he stopped work (as per court ruling). PICCR sent the Palestinian Monetary Authority letters on the following dates: 3 June 2001, 3 July 2001, and 5 May 2002. These letters were sent so as to elicit the Monetary Authority’s viewpoint on the matter, but PICCR did not receive a reply to any of its letters. 2. In regards to your letter’s reference to PICCR adopting complaints against the Monetary Authority without listening to the Monetary Authority’s viewpoint: Since the complaint submitted in the name of a number of Monetary Authority employees on 10 November 2002 was unsigned, thereby indicating that it touched on a general case involving a number of employees, it was turned over to the Committee for Oversight and Human Rights of the Palestinian Legislative Council for investigation. 3. The complaint of Dr. Jamal Al-Salqan: In view of the circumstances surrounding this case, especially the threat that violence would be used against the complainant if he did not vacate his office, as well as the Monetary Authority’s prevention of him entering it thereafter, and taking into consideration the lack of reply on your part to any of the letters related to the case of Fa`eq Badi’ Saqallah, PICCR decided to turn directly to the Judiciary. PICCR’s turning to the Judiciary, whether in this case or others, does not mean that PICCR is taking a antagonistic position toward the institution. PICCR strives to ensure the rule of law and its sound application. Thus, in adopting the case of Dr. Jamal Al-Salqan, PICCR will handle it in accordance with laws and regulations. The Palestinian Independent Commission for Citizens’ Rights is an independent, unbiased commission. Your lack of response to our correspondence regarding Saqallah’s case, in addition to the legal controversy surrounding the role of the PLC in approving the governor of the Monetary Authority and the circumstances surrounding dispensing with the services of Dr. Salqan, compelled PICCR to turn to the Judiciary. In conclusion, PICCR strives toward building a good relationship with the Palestinian Monetary Authority. Our motivation in following up grievances remains the desire to safeguard citizens’ rights in the framework of the rule of law. Naturally, we do not claim to be infallible. We hope that this has satisfactorily addressed the remarks contained in your letter sent on 12 April 2003. Yours sincerely, Dr. Said Zeedani Director General

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Date: 18 May 2003 Number: D/6793/2003 His Excellency President Yasser Arafat President of the State of Palestine President of the Palestinian National Authority Ramallah, Palestine RE: The Death Sentence Issued by the Special Military Court against Rani Darwish Khalil Shaqurah Your Excellency: On Saturday, 17 May 2003, the Special Military Court in Gaza sentenced Rani Darwish Khalil Shaqurah, 27, of Jabalya Camp, to death after convicting him of killing lieutenant Hani ‘Attiyeh Al-Madhoun on 15 April 2003, against the backdrop of old family disputes. PICCR condemns the killing of Al-Madhoun and asserts the importance of punishing the perpetrator or perpetrators. In this case, however, the military court issued the sentence without providing the fair trial guarantees as stipulated in international human rights agreements and the Palestinian Basic Law. According to information obtained by PICCR, the court assigned officers working in the Office of the General Security Director as lawyers and did not grant them sufficient opportunity to review the case file and represent the defendant in a suitable manner. In addition, the case is related to family disputes, or regular crimes, which are unrelated to security or military affairs. The regular courts have jurisdiction and are better equipped to review these types of disputes, and their rulings safeguard justice better. In light of the above, we turn to your Excellency, urging you to refrain from authorizing the death sentence and to order a retrial before a regular court in which the defendant and his lawyers would be given the right to defense, as stipulated by the Basic Law and international human rights standards. Yours sincerely, Dr. Said Zeedani Director General

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Date: 8 July 2003 Number: D/6839/2003 The Honorable Colonel Muhammad Dahlan Minister of Internal Affairs Ramallah, Palestine RE: The Abduction and Killing of Citizen Kayed Shalbayeh Dear Sir: On 6 July 2003, at approximately 1:00 P.M., three masked militants abducted Kayed Musa Suleiman Shalbayeh, 33, of Al-Amari Camp/Ramallah, from his place of detention at the Ramallah court offices. They then took him outside of the court building and fired on him, killing him instantly. According to information obtained by PICCR, Shalbayeh was in the custody of the Ramallah general prosecutor on suspicion of theft. Prior to his arrest, he was in hiding, whereupon Palestinian activists pursued him for suspected collaboration with the occupation authorities. The killing of Shalbayeh by Palestinian militants was not the first of its kind in the Palestinian territories. It was preceded by other, similar killings, especially following the occupation forces’ incursion into Palestinian cities in April of last year, along with their destruction of security forces’ headquarters and dismantlement of their infrastructure. Among the most prominent of these incidents was that perpetrated by a group of militants in Jenin on 5 February 2002: The militants fired on three citizens being tried in the High State Security Court, resulting in their deaths. The Palestinian Independent Commission for Citizens’ Rights condemns the killing of Shalbayeh after his forcible expulsion from the court building, as well as any other cases of extra-judicial execution. It demands that the Ministry of Interior and other relevant Palestinian authorities do the following:

1. Take all possible and necessary measures to protect the lives of prisoners and detainees, especially during their transfer from the courts or while they are in courts or public prosecution offices.

2. The police and relevant security agencies must conduct a serious investigation into this case and other similar cases in order to determine the identity of those responsible and prosecute them for breaking the law and violating the sanctity of the courts and the integrity of the Judiciary.

In conclusion, PICCR calls upon you to do what is necessary to preserve the integrity of the Judiciary and respect for its jrisdiction in dealing with various crimes, including the crime of collaborating with the occupation authorities. As you are well aware, an effective, credible Judiciary is the alternative to the spread of the phenomenon of taking the law into one’s own hands—a phenomenon that endangers the rule of law and citizens’ security on the one hand, and the fabric of society on the other. Yours sincerely, Dr. Said Zeedani Director General Cc: Mr. Zuheir Al-Sourani, President of the High Judiciary Council; Mr. Hussein Abu Asi, Attorney General.

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Date: 15 July 2003 The Honorable Mahmoud Abbas (Abu Mazen) Prime Minister, Minister of Interior Ramallah, Palestine RE: The Assault on the Palestinian Center for Policy and Survey Research in Ramallah Dear Sir: It is with great distress that PICCR has followed the regrettable assault on the Palestinian Center for Policy and Survey Research (PSR) in Ramallah on 13 July by a group of Palestinian demonstrators. The assault involved breaking PSR’s windows, in addition to an attempted physical assault against PSR Director Dr. Khalil Al-Shikaki. According to information obtained by PICCR, the assault occurred after the results of a PSR opinion poll on refugees’ preferences regarding exercise of the right of return were leaked. The Palestinian Independent Commission for Citizens’ Rights affirms citizens’ rights to demonstrate, protest, and express their opinions and positions freely. It also affirms, however, that exercising the right to protest and express opinions must not transgress legal boundaries and must not infringe upon others’ right to express their opinions or upon the security of others and their property. The protesters’ storming of PSR, destruction of some of its contents, and attempt to attack its Director constitutes unlawful conduct and goes against the values of tolerance and democracy stipulated in the Palestinian Basic Law. PICCR condemns the assault on PSR and its Director. It urges you to instruct the relevant security agencies to conduct a serious investigation into this regrettable incident, as well as into other incidents involving taking the law into one’s own hands—the occurrence of which has recently increased. It likewise urges you to determine those responsible for this assault and bring them to justice. Yours sincerely, Dr. Said Zeedani Director General

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Date: 20 July 2003 Number: Z/277/2003 The Honorable Chairman and Members of the Education and Social Affairs Committee of the Palestinian Legislative Council Ramallah, Palestine Dear Sirs and Madams: From the outset, PICCR has followed with much interest the process of drafting and putting into place a law on the rights of the Palestinian child. PICCR presented its remarks on the first versions of the aforementioned draft law. Based upon the request by you and the Palestinian Legislative Council’s Women’s Unit, PICCR participated in the Committee for Re-Drafting of the Draft Law of the Rights of the Palestinian Child. PICCR affirmed at all stages of the drafting and authorization process for the draft law, which recently passed the first reading, that it was necessary to uphold international human rights standards. Thus, PICCR is surprised at the present controversy surrounding Article 3 of the draft law, which sets down the 1989 Convention on the Rights of the Child as the primary referent for the new law. The Palestinian Independent Commission for Citizens’ Rights wishes to reiterate the importance of relying on international human rights agreements and safeguarding the standards therein when promulgating Palestinian legislation, including legislation on the rights of the Palestinian child. Yours sincerely, Dr. Said Zeedani Director General

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Date: 21 July 2003 Number: D/6857/2003 The Honorable Dr. Kamal Al-Sharafi Minister of Health Gaza, Palestine Dear Sir: The Palestinian Independent Commission for Citizens’ Rights received a complaint from a number of residents of Tulkarem and Jenin about the lack of provision of medicines to the Ministry of Health’s pharmacies. A PICCR researcher in the Tulkarem and Jenin governorates reported that he met with a number of citizens inside the health directorates, and that they informed him that some medicines were not available at the Ministry of Health’s pharmacies. This compels the ill to obtain prescribed medicines from private pharmacies at their own expense. The PICCR researcher also reported that diabetics treated at clinics in the health directorates reported a lack of insulin in the pharmacies of the health center and the health directorates. They thus incur large expenses to obtain it from private pharmacies. PICCR hopes you will look into the complaint of residents in Tulkarem and Jenin regarding the lack of medicines in the Ministry of Health’s pharmacies in their areas, investigate the lack of insulin in the diabetes clinics, and inform us of your response. Yours sincerely, Dr. Said Zeedani Director General

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Date: 21 July 2003 Number: D/6849/2003 The Honorable Dr. Kamal Al-Sharafi Minister of Health Gaza, Palestine Dear Sir: The Palestinian Independent Commission for Citizens’ Rights received a number of complaints from citizens against the Ministry of Health’s hospitals and health centers in the West Bank. PICCR has been persistent in dealing with these complaints because they involve allegations about which explanations are to be sought from the Ministry of Health, and it has done so via letter to the Deputy Minister of Health in the West Bank. In response to this letter to the Deputy Minister, some of the complaints were addressed. However, other complaints were not or were addressed in an insufficient manner, especially those complaints related to medical malpractice. Given the importance of the complaints made against the Ministry of Health, in that they are related to citizens’ lives and health, and taking into consideration the heavy burdens that the Ministry of Health must endure in the difficult circumstances under which it operates, we cannot ignore the citizens’ complaints. PICCR thus places in your hands the complaints against the Ministry about which we previously wrote the to Deputy Minister of Health in the West Bank (without receiving a response). These complaints are as follows:

1. The complaint of Abdel Razeq Abu Turki, of Hebron. Attachment 1: The details of the case that PICCR sent to Deputy Minister of Health Munzer Al-Sharif. Attachment 2: The reminder letter. PICCR has not yet received a response.

2. The complaint of persons in Jenin who were wounded in the Intifada and suffer from the lack of physicians with various specializations at the Jenin hospital. Attachment 3: The details of the case sent to Deputy Minister of Health Munzer Al-Sharif. PICCR has not yet received a response.

3. The complaint of Kamal Suleiman Ali Al-Daghamein, of Al-Samou’/Hebron. Attachment 4: The details of the letter sent to Deputy Minister of Health Munzer Al-Sharif. The deputy minister responded, informing PICCR of the case’s transfer to the Doctors’ Syndicate (attachment 5). PICCR sent a letter to the Doctors’ Syndicate (attachment 6) and received a response informing it that the Ministry of Health was the party responsible (attachment 7).

4. The complaint of Amineh Abdel Rahim Mustafa Badawi, of Shweika/Tulkarem. Attachment 8: The details of the case sent to the Deputy Minister of Health. PICCR has not yet received a response.

5. The complaint of Jamal Abdel Karim Ali Al-Hamdouni, of Jenin. Attachment 9: The details of the case sent to the Ministry of Health. PICCR has not yet received a response.

PICCR hopes you will look into the above complaints and inform us of your response as soon as possible. Yours sincerely, Dr. Said Zeedani Director General

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Date: 28 July 2003 Number: D/6865/2003 The Honorable Mr. Abdel Karim Abu Salah Minister of Justice Gaza, Palestine RE: Implementation of the Rulings of the High Court of Justice Dear Sir: The Palestinian Independent Commission for Citizens’ Rights has monitored a number of instances of non-compliance on the part of security agencies and ministries in implementing rulings issued by the Palestinian High Court of Justice. These cases are as follows:

1. Ruling issued by the High Court of Justice in Ramallah on 3 April 2003, ordering annulment of the Education Minister’s decision on 1 August 1998 to transfer Kamal Abdel Fattah Mahmoud Hanoun, of Al-Mazra’a Al-Qibliyeh/Ramallah from his position as school director to a teaching position.

2. Ruling issued by the High Court of Justice in Ramallah on 3 April 2003, ordering annulment of the decision removing Younis Abdullah Abu ‘Amir, of Dura/Hebron from his position as primary school director and transferring him to a teaching position.

3. Ruling issued by the High Court of Justice in Ramallah on 17 July 2003, ordering annulment of the decision of the Deputy Minister of Waqf to dismiss Mahmoud Al-Abadi from his position as the muezzin in Al-Far’ah Mosque.

4. Ruling issued by the High Court of Justice in Gaza on 24 November 2002, ordering the release of ‘Eid Abu Nseir, of Deir Al-Balah, detained by the Military Intelligence Agency since 7 June 2001.

5. Ruling issued by the High Court of Justice in Gaza on 16 May 2002, ordering the release of Sahir Abu Khattab, of Deir Al-Balah, detained by the Military Intelligence Agency since 8 August 2001.

6. Ruling issued by the High Court of Justice in Gaza on 17 May 2003, ordering the release of Taysir Abu Mugheisib, of Al-Bureij Camp, detained by the Military Intelligence Agency since 15 July 2001.

7. Ruling issued by the High Court of Justice in Gaza on 17 May 2003, ordering the release of Mahdi Abu Seif, of Al-Bureij Camp, detained by the Military Intelligence Agency since August 2002.

8. Ruling issued by the High Court of Justice in Gaza on 15 April 2003, ordering the release of Majed Murtaji, of Gaza, detained by the General Intelligence Agency since 2 November 2002.

9. Ruling issued by the High Court of Justice in Gaza on 22 February 2003, ordering the release of Muhammad Abu Sarar, of Gaza, detained by the General Intelligence Agency since 19 October 2002.

10. Ruling issued by the High Court of Justice in Gaza on 24 November 2002, ordering the release of ‘Omran Sharif Al-Jallad, of Khan Younis, detained by the Preventative Security Agency since June 2001.

11. Ruling issued by the High Court of Justice in Gaza on 12 July 2003, ordering the release of Khalil Marwan Khalil Al-Najar, of Khan Younis, detained by the General Intelligence Agency since 25 June 2001.

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PICCR urges you to work toward securing the commitment of the security agencies and relevant ministries in implementing the rulings issued by the Palestinian High Court of Justice. This is with the knowledge that Palestinian laws stipulate that judicial rulings must be implemented, and the law carries penalties for non-compliance. We hope to receive your response as soon as possible. Yours sincerely, Dr. Said Zeedani Director General Cc: The Chairperson and Members of the Oversight and Human Rights Committee of the Palestinian Legislative Council

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Date: 6 September 2003 Number: Z/279/2003 The Honorable Chairman and Members of the Palestinian Legislative Council Ramallah, Palestine RE: The Appointment of Judges in Contravention of the Palestinian Judicial Branch Law Dear Sirs and Madams: A wide controversy has lately arisen in various legal and human rights circles concerning the probity of recent judicial appointments; the extent to which they accord with the laws in force, and whether these laws contain adequate guarantees for the appointment of qualified judges who meet fair and objective criteria. Articles 16–21 of the Judicial Authority Law No. 1 of 2002 regulate judges’ appointment, promotion, and seniority. Since this law was passed in June 2002, numerous appointments have been made to the judicial circuit, and these have been marked by many legal shortcomings, including the following:

1. According to article 18, paragraph 1/b, of the Judicial Authority Law, promotion on the basis of seniority, is considered one of the means of filling judicial positions. In looking at the promotions made after the passing of the Judicial Authority Law on 18 June 2002, it is evident that they involved the majority of judges (the conciliation court judges were promoted to first instance courts, the first instance court judges were promoted to appellate courts, and the appellate court judges were appointed to the High Court). This took place without ensuring that competency requirements were upheld. The promotions were not based on an inspection of the judges’ performance.

2. According to article 18, paragraph 1/c, of the aforementioned law, appointment from the Office of the Attorney General is considered one means of filling judicial positions. Upon examination of the appointments, it is evident that a large segment of the judges were former members of the Office of the Attorney General, a number of whom did not work in that office long enough to acquire the experience qualifying them for judicial work. Moreover, the scope of work of members of the Office of the Attorney General is primarily restricted to penal law.

3. One member of the appellate court was appointed as its president before completing one year of service, in contravention of article 19, paragraph 2, of the Judicial Authority Law, which stipulates that a person appointed president of the appellate court must have served in one of the appellate court districts for at least five years.

4. It is clear that favoritism and patronage played a large role in a number of judicial appointments, especially given the lack of adherence to procedural codes in the selection process (such as announcing positions and conducting interviews or competitive examinations). Acceptance and continuation of this situation go against the foundations of the Judiciary apparatus, which require that judges possess experience and competence and be capable of ridding the system from its chronic problems.

In view of the importance of the role played by judges, and in striving for the independence of the Judiciary, it is necessary and obligatory to select judges according to agreed upon foundations, mechanisms, and criteria, ensuring the appointment of persons who are competent and principled. In this regard, it is unacceptable for the executive branch alone to appoint judges, as such would constitute interference in the affairs of the judicial branch. Conversely, it is impermissible to leave the matter of appointment of judges solely to the judicial apparatus, as such would constitute a conflict of interests.

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PICCR thus holds that the formation of a committee composed of members of the High Judiciary Council, the Legislative Council, the Cabinet of Ministers, and the Bar Association could perhaps be the best mechanism for selecting principled, competent, and independent judges. Yours sincerely, Dr. Said Zeedani Director General Cc: The Honorable Abdel Karim Abu Salah, Minister of Justice; The Honorable Zuheir Al-Sourani, President of the High Judiciary Council.

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Date: 10 September 2003 Number: D/6895/2003 The Honorable Mr. Abdel Karim Abu Salah Minister of Justice Gaza, Palestine RF: The Decision by the President of the High Judiciary Council concerning the Placing of Precautionary Sequestration on a Plot of Land Dear Sir: The Palestinian Independent Commission for Citizens’ Rights received a complaint from Ibrahim Mahmoud Musa, of Al-Khader/Bethlehem, against a decision issued by the President of the High Judiciary Council, Counselor Zuheir Al-Sourani, on 10 August 2003. This decision ordered a halt to construction on a plot of land in the village of Al-Khader/Bethlehem, placing it under precautionary sequestration. A review of the aspects of the above complaint reveals the following:

1. Ibrahim Mahmoud Musa’s work on the plot of land proceeded after he had obtained a final judicial ruling establishing his ownership of the plot following an ownership dispute between him and the Roman Orthodox Patriarchy.

2. At present there are no judicial claims on the plot of land. 3. On 10 August 2003, the President of the High Judiciary Council issued a decision that was sent to

the Director General of Police in the Bethlehem governorate. The decision stated: “Based on present dangerous developments, and to preserve public order and security, the land is hereby placed under precautionary sequestration and subject to legal proceedings. Bulldozing and construction on and/or changing any feature of the land shall be halted until such time when penal case no. 3/2003 has been resolved.”

4. Case no. 3/2003 is in actuality a penal case against the former deputy to the Roman Orthodox Patriarchy, and its subject matter is forgery and bad credit.

5. Ibrahim Mahmoud Musa is not a litigant in the previously mentioned penal case. The Palestinian Independent Commission for Citizens’ Rights thus views the decision by the President of the High Judiciary Council with great concern; it is in contravention of legal procedures and rules stipulated under the Palestinian Judicial Authority Law No. 1 of 2002, the Formation of Regular Courts Law No. 5 of 2001, and the Civil and Commercial Procedures Code Law. These laws do not grant Mr. Zuheir Al-Sourani, whether in his capacity as President of the Supreme Court or in his capacity as President of the High Judiciary Council, the authority to issue an order for precautionary sequestration of citizens’ property under the claim of preserving security and public order. Moreover, he does not possess judicial jurisdiction over the penal case reviewed by the Bethlehem Court of First Instance. By directing his decisions toward the Director General of the Police of the Bethlehem governorate, the President of the High Judiciary Council is in contravention of the principle of the separation of powers, in addition to the laws and procedures in force, which regulate court decisions and the mechanisms for their implementation. PICCR thus calls upon the Minister of Justice to take the necessary measures to prevent implementation of this decision, as well as the issuing of similar decisions in the future. Yours sincerely, Dr. Said Zeedani Director General Cc: The Honorable Hatem Abbas, Head of the Palestinian Bar Association.

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Date: 15 October 2003 Number: DSh/0081/2003 The Honorable Dr. Munzer Al-Sharif Deputy Minister of Health Ramallah, Palestine Dear Sir: The Palestinian Independent Commission for Citizens’ Rights has received a number of complaints regarding the nursery in the children’s department of Martyre Thabet Thabet government hospital in Tulkarem (a list of the complainants is attached). The points raised in these complaints may be summarized as follows:

1. The citizens report that their children were transferred soon after childbirth to the nursery in the children’s department of Thabet Thabet government hospital based on the report of physician specialists that they were suffering from constricted breathing, and it was necessary to drain fluid from their bodies.

2. The citizens report that a number of days after their children had been placed in this nursery in the children’s department, bacterium entered their blood, causing the children’s temperatures to rise until red splotches appeared on their bodies; they died shortly thereafter.

3. The citizens report that they asked the hospital administration on more than one occasion to transfer their children and move them to a nursery in another hospital, but the hospital administration insisted that the children remain in the same nursery.

4. The citizens claim that the reason that their children fell ill was that they were placed in the nursery of the government hospital in Tulkarem, which was not sterilized or cleaned.

5. The citizens demand that the Ministry of Health investigate the circumstances surrounding their children’s death.

PICCR calls upon you to investigate the aforementioned citizens’ complaints and inform us of your response as soon as possible. Yours sincerely, Dr. Said Zeedani Director General Attached: A List of the complainants.

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The Names of the Complainants and their Dead Children 1. Ma`moun Khalil Ahmad Da’meh, of Tulkarem Name of deceased child: ‘Awtan Place of birth: Al-Zakah hospital in Tulkarem Date of birth: 25 May 2003 2. Nasim Mahmoud Said Al-Sheikh Yousef, of Nur Shams Camp/Tulkarem Name of the deceased child: Tamer Place of birth: Thabet Thabet hospital in Tulkarem Date of birth: 19 July 2003 3. Iyad Muhammad Saleh Hattab, of Tulkarem Name of the deceased child: Dhoha Place of birth: Red Crescent hospital in Tulkarem Date of birth: 4 September 2003

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Date: 15 October 2003 Number: D/6917/2003 The Honorable Dr. Hasan Khreisheh Chairman of the Oversight and Human Rights Committee of the Palestinian Legislative Council Ramallah, Palestine Dear Sir: The Palestinian Independent Commission for Citizens’ Rights learned of the following problems through its delegates’ visits to reform and rehabilitation centers in the West Bank governorates during the present month:

1. The space allocated to inmates: The reform and rehabilitation centers suffer from overcrowding, wherein the space allocated to each inmate is less than one square meter (with the exception of the Nablus Reform and Rehabilitation Center).

2. Recreational Period: Some reform and rehabilitation centers have a small amount of recreational space, and some of them don’t have any such space at all (with the exception of the Jericho Reform and Rehabilitation Center).

3. Ventilation: The reform and rehabilitation centers suffer from poor ventilation, in addition to the lack of sunlight entering inmates’ rooms, resulting in higher humidity and leading to increased incidence of pulmonary disease and rheumatism.

4. Cleanliness: The reform and rehabilitation centers suffer from a general lack of cleanliness and a lack of cleanliness of blankets and beds in particular. Moreover, there is a lack of cleaning supplies allocated to inmates.

5. Foodstuffs: Some reform and rehabilitation centers are lacking in the quantity and quality of food provided to inmates. This matter has compelled some inmates to buy food at their own expense.

6. Transfer of Inmates: Inmates have encountered the problem of being transferred from reform and rehabilitation centers located near their places of residence to centers that are far away and difficult for their family members to visit, especially given the closure of roads and the difficulty of travel.

7. Cases of Illness: A number of inmates in reform and rehabilitation centers suffer from illnesses requiring transfer to the hospital for surgical operations. Moreover, there is a shortage of medicines needed by inmates at the centers’ medical services, and on many occasions inmates purchase medicines at their own expense.

8. Abuse and Mistreatment: Some inmates in the Ramallah Reform and Rehabilitation Center complained that they were exposed to harsh treatment, reaching the point of physical assault, by center officials.

PICCR urges you to visit the reform and rehabilitation centers, investigate the aforementioned cases, and take the measures necessary to address the problems contained therein. Yours sincerely, Dr. Said Zeedani Director General Cc: The Honorable Hakam Bal’awi, Secretary General of the Cabinet of Ministers; the Honorable Hussein Abu Asi, Attorney General.

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Date: 29 October 2003 Number: DSh/0085/2003 The Honorable Mr. Naim Abu Al-Humous Minister of Education Ramallah, Palestine Dear Sir: Until 9 April 2003, there were hundreds of Palestinian students studying at Iraqi universities free of charge. After the occupation of Iraq, scores of Palestinian students fell victim to the war and regime change. Iraqi universities have not yet recognized the scholarships offered to these students by the former regime, and they are beginning to demand that the students pay tuition fees. Even though the Palestinian National Authority has endeavored to accommodate some of these students in Palestinian universities or in other Arab universities, there are other cases that remain open, especially the cases of Palestinian students in the advanced levels of study or students who study specializations not offered in Palestine. The complaint of Hanatsh Abdullah Abu Hanatsh, of Tulkarem in the West Bank, serves as an example of the complaints made to PICCR in this regard. His complaint is as follows:

1. The aforementioned citizen has two sons enrolled at the University of Al Musol in Iraq. The first, Omar, is a fifth year student in the faculty of pharmacology who received his scholarship from the former Office of the Presidency; the university is now asking that he pay $4,500USD. The second son, Othman, is a third year student in the faculty of medicine who received his scholarship from the Arab Liberation Front; the university is now asking that he pay $6,800USD.

2. The father of the two students, Hanatsh, reported that he is unable to pay the tuition fees, especially given that he originally sent his sons to Iraq due to his inability to pay their university fees.

3. Citizen Hanatsh demands that Iraqi officials adhere to the former conditions and exempt his two sons from paying tuition fees.

PICCR hopes you will intervene to resolve the problem of the Palestinian students Omar and Othman Hanatsh Abdullah Abu Hanatsh. Yours sincerely, Dr. Said Zeedani Director General

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Date: 29 October 2003 Mr. Joe Stork Executive Director / Middle East and North Africa Section Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Dear Mr. Stork: I am writing in regards to an issue that has recently come to my attention. You may be aware that the Iraqi Government previously provided scholarships to Palestinian students to study in Iraqi universities. Mr. Abu Hanatsh from Tulkarem has approached PICCR on behalf of his sons, Omar and Othman, who are currently enrolled at the University of Al Musol. Omar is in his fifth year of pharmacology, whilst Othman is in his third year of medicine. Both were receiving scholarships from the former Iraqi Government; however with the regime’s collapse the University has asked Omar and Othman to pay tuition fees in the amount of US$4500 and $6500 respectively. The Hantash family is not in a financial position to pay these fees. Indeed, if not for the scholarship system the two boys would not have been able to study. As a result Omar and Othman are being denied the right to continue studying and to receive their degrees, despite having already spent several years pursuing their studies. For Omar this is particularly devastating as he has been studying for five years and is close to completing his degree in Pharmacology. Taking into account that scores of Palestinians are affected by this measure, PICCR will pursue this case via the Palestinian Authority, and I hope that Human Rights Watch can also raise the issue with the American occupation authorities in Iraq. It is important that the University of Al Musol allow these students to remain in their courses without fee. As the transitional administration in Iraq, the American occupation authorities may able to assist in protecting the two students’ status as scholarship recipients and their right to continue their education. I hope that will be able to assist in this case, and may I take this opportunity to reiterate PICCR’s appreciation for the important work of Human Rights Watch. Yours sincerely, Dr. Said Zeedani Director General

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Date: 22 November 2003 Number: DSh/0107/2003 The Honorable Mr. Hikmat Zeid Minister of Transportation Ramallah, Palestine Dear Sir: The Palestinian Independent Commission for Citizens’ Rights received a complaint from a number of citizens from the Jenin, Tulkarem, and Qalqilya governorates regarding the following:

1. The traffic directorates in the aforementioned governorates are understaffed, resulting in delayed service provision. Specifically, these directorates suffer from the following difficulties:

- Lack of traffic police on roads. - Lack of employees who specialize in vehicular engineering. - Lack of regular working hours in the office of driver’s education schools, in addition to a

shortage of employees. 2. Understaffing and lack of integration among personnel in the traffic directorates forces citizens to

travel to Nablus to complete their transactions. The citizens demand that the Ministry of Transportation take the measures necessary to activate the traffic directorates in their goverorates, enabling them to provide services in a reasonable fashion. PICCR urges you to look into the complaint of the aforementioned citizens and, specifically, the possibility of alleviating employee shortages in the traffic directorates in the Jenin, Tulkarem, and Qalqilya governorates, and to activate the work of these directorates. We hope to receive your response as soon as possible. Yours sincerely, Dr. Said Zeedani Director General

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Date: 23 November 2003 Number: Z/288/2003 The Honorable Dr. Hasan Abu Libdeh General Director of the Cabinet Ramallah, Palestine Regarding: Special Reports Issued by PICCR Dear Sir: I thank you for your interest in the reports issued by PICCR and your efforts to incorporate subjects that are raised in these reports in the Cabinet agenda. In this regard, I wish to draw your attention to a number of special reports that PICCR issued during recent months. In my view, they warrant submission to the Cabinet so that the appropriate decisions can be made or directives issued on the subjects raised and the recommendations provided. The relevant special reports include the following:

- Management and Administration of State Lands, 2003. - Price Discrepancy for Water in the Palestinian Authority Areas, 2003. - Palestine Television and Satellite Channel (Administration, Financing, and Program Policies),

2003. - Filling Higher Offices in the Palestinian Authority, 2003. - Appointment of Employees to Local Authorities (Foundations, Procedures, and Jurisdictions),

2003. - Property Tax in Palestinian Authority Areas – Gaza Strip: Problems and Solutions, 2003.

I urge you to make use of these reports’ (recommendations) in righting what has gone wrong in general and in dealing seriously with the shortcomings highlighted by the reports. I would like to reiterate my thanks for your interest in PICCR and its activities, and I hope that cooperation between us will continue for the good of the nation and its citizens. Yours sincerely, Dr. Said Zeedani Director General

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Date: 23 November 2003 Number: D/6958/2003 His Excellency President Yasser Arafat President of the State of Palestine President of the Palestinian National Authority President of the National Security Council Ramallah, Palestine Your Excellency: The Palestinian Independent Commission for Citizens’ Rights has learned that a group of armed Palestinian militants in Jenin attacked Jenin reconciliation court judge Kifah Al-Shouli on Tuesday, 18 November 2003. The attack occurred after the judge requested that the militants not bring weapons into the courtroom and after he refused to approve a sworn affidavit for one of them who refused to take the oath as stipulated by Palestinian laws. The aforementioned militants waited for the judge outside the court building; upon his exit, they led him to an unknown location, where they forced him to apologize. Your Excellency, the judge’s request that the Palestinian militants not bring weapons into the courtroom and his refusal to approve a sworn affidavit for one of them who refused to take the oath fall within the framework of application of the law. Conversely, the conduct of the militants constitutes threatening and acting to influence a judge, a violation punishable by law. PICCR rejects the actions of the aforementioned militants, deeming such acts attacks on the prestige and integrity of the Judiciary. To avoid repetition of such acts, PICCR hopes that your Excellency will authorize the Office of the Attorney General and the security forces in the city of Jenin to investigate the circumstances surrounding the attack against the judge and take the necessary measures to bring the perpetrators to justice. Yours sincerely, Dr. Said Zeedani Director General

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Date: 3 December 2003 Number: D/6963/2003 His Excellency Ahmad Qurei (Abu Ala`) Prime Minister Ramallah, Palestine RE: Security Lapses and Arms Chaos Dear Sir: Security lapses and arms chaos have reached alarming proportions during the past year, especially in the northern West Bank, leading to the death and injury of scores of citizens. The most recent manifestations of these phenomena were seen in Nablus at dawn on 26 November 2003, the first day of Eid Al-Fitr, when they resulted in the death of “Ahmad Baraq” Walid Al-Shak’ah, 52, brother of lawyer Ghassan Al-Shak’ah, Mayor of Nablus. Indeed, during 2003 the city of Nablus endured the heaviest fallout from security lapses and arms chaos, both in terms of the number of incidents and the number of casualties. The attacks extended to public institutions and members of the judicial circuit, as seen, most recently, in the attack against Jenin reconciliation court judge Kifah Al-Shouli by Palestinian militants on 18 November, after he requested that they not bring weapons into the courtroom. Prior to that, unknown militants fired on Deputy Attorney General and High Court Justice Said Sheheiber on 12 October. The alarming rise in security lapses and arms chaos has reached such an extent that to disregard or stay silent on the issue is impermissible. PICCR urges you to do whatever possible and necessary to bring these phenomena to a halt, striving for the security and safety of Palestinian citizens, as well as the fabric and stability of society. In this regard, I would like for myself, accompanied by the Commissioner General and other Commissioners, to meet with you to discuss means and mechanisms of combating these two dangerous phenomena. I hope that you will please set up an appointment as soon as possible. Yours sincerely, Dr. Said Zeedani General Director

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Date: 10 December 2003 Number: D/6966/2003 The Honorable Dr. Hasan Abu Libdeh General Director of the Cabinet Ramallah, Palestine Dear Sir: In response to your letter from 6 December 2003, in which you requested that PICCR study the phenomenon of citizens accruing immense material losses due to the fees for correcting civil records, and after reviewing the relevant laws, it is evident that the process for correcting civil records is regulated by the following two laws:

1. The Palestinian Civil Status Law No. 1 of 1999 Article 36 of this law stipulates that: No change or correction of civil status records is permitted except when based on a final judicial ruling issued by the court with jurisdiction. Article 37 of the law stipulates that: Exceptions to the provision of the preceding article are changes or corrections to: 1. Nationality, religion, or profession, or in civil status records related to a marriage contract or its

annulment, divorce, physical separation, or establishing descent based on documents issued by the authority with jurisdiction.

2. Material errors: Their correction is made based on a request submitted by the concerned party to a committee composed of the Director General as president and the head of the Civil Records Department and the legal advisor to the Directorate as members, based on the verified documents accompanying the request.

Through analysis of these two articles, it is possible to classify the cases requiring correction as follows: A. Cases that require resorting to the court with jurisdiction, such as: changing the name of a person,

the name of a father, the name of a family, or an age. B. Cases encompassed under article 37 that require no more than presenting official documents

issued by the competent authorities for the purpose of changing or correcting civil records on such items as nationality, religion, and profession.

C. Printing or material errors that require submitting a request to the committee formed by the Ministry of Interior: This committee reviews such requests and accompanying documents and then issues a decision.

In cases B and C above, there are nominal fees not exceeding 10NIS. 2. Palestinian Civil and Commercial Proceedings Code Law No. 2 of 2001 Article 38 of this law stipulates that: If the value of legal claims cannot be estimated according to the rules put forth, their value shall be considered greater than 20,000 Jordanian dinars or its equivalent in the currency legally in circulation. Thus, if the legal claims for correcting civil records cannot be estimated, their value is considered to be more than 20,000 Jordanian dinars for the purpose of estimating the fee for this type of claim. Based on this, fees for these claims are approximately 80 Jordanian dinars. They fall under the jurisdiction of the court of first instance; appearing before this court requires representation by a lawyer, meaning that the citizen will bear high expenses (possibly in excess of 300 Jordanian dinars) in lawyer’s fees.

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As shown above, the problem from which citizens suffer is a legal problem stemming from granting courts of first instance jurisdiction over the correction of civil records in some cases, and thereby requiring high fees and lawyer’s fees. Based on this, and with an aim toward alleviating the financial burdens borne by citizens, PICCR recommends that the Council of Ministers present a draft bill to the Legislative Council amending the relevant legislation and transferring any jurisdiction of first instance courts in correcting civil records to the conciliation courts, thereby allowing citizens to present correction requests before the court without requiring representation by a lawyer and for nominal fees.

Yours sincerely, Dr. Said Zeedani Director General

PICCR’S PUBLICATIONS

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PICCR’S PUBLICATIONS Annual Reports: First Annual Report, February 1994–June 1995, 1995

Second Annual Report, 1 July 1995–31 December 1996, 1997 Third Annual Report, 1 January 1997–31 December 1997, 1998

Fourth Annual Report, 1 January 1998–31 December 1998, 1999 Fifth Annual Report, 1 January 1999–31 December 1999, 2000

Sixth Annual Report, 1 January 2000–31 December 2000, 2001 Seventh Annual Report, 1 January 2001–31 December 2001, 2002

Eighth Annual Report, 1 January 2002-31 December 2002, 2003. Ninth Annual Report, 1 January 2003-31 December 2003, 2004

Legal Reports Series:

Mahmoud Shahin, Palestinian Investigative Committees, 1998 Arjan El-Fassed, Methods of Accountability and the Rule of Law in Palestine, 1998

Hussein Abu Hannoud, Legislation and the Legislative Process in the PNA: A Critical Analysis, 1998 Jibril Muhammad, Persons Without Identity Cards, 1998

Ammar Dwaik, Passing Roadblocks: Restrictions on Palestinian Freedom of Movement in the West Bank and Gaza Strip, 1998

Qais Jabareen, Juvenile Justice in Palestinian Legislation, 1998 Mahmoud Shahin, The Palestinian Attorney General, 1999

Gil Friedman, The Palestinian Draft Basic Law: Prospects and Potentials, 1999 Arjan El-Fassed, Voices of Silence: Freedom of Expression under the PNA, 1999

Aziz Kayed, The Overlap of Jurisdictions under the PNA, 1999 Pierre Chilstrom, Draft Palestinian Political Parties Law, 1999

Mustafa Mar’i, Palestinian Children’s Rights to Reunification and Residency: Israeli Practices in Light of International Human Rights Standards, 1999

Hussein Abu Hannoud, The Palestinian High Courts of Justice: Developments, Problems, and Performance in the Protection of Rights and Freedoms, 1999

Amina Sultan, Torture During Interrogation, 2000 Mutaz Qafisheh, Palestinian Citizenship, 2000

Mustafa Mar’i, The Legislative Process in Palestine: Mechanisms, Goals, and Priorities, 2000

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Mustafa Mar’i, The Palestinian Independent Commission for Citizens’ Rights in Light of International Standards for Human Rights Commissions, 2000 Musa Abu Dheim, House Searches, 2000

Hussein Abu Hannoud, The Palestinian Bar Association, 2000 Aziz Kayed, Problems in the Relationship between the Legislative and Executive Branches of the Palestinian National Authority, 2000 Jihad Harb, The Electoral System’s Impact on the Palestinian Legislative Council’s Monitoring Performance, 2000 Tareq Touqan, Decentralization and Local Government in Palestine, 2001

Dr. Adnan Amr, Nullification of Administrative Decisions that Harm Individuals and Employees, 2001 Basim Bishnaq, Financial Control over Government Agencies in the Palestinian National Authority (General Control Commission), 2001 Dawoud Dir’awi, War Crimes and Crimes against Humanity: Israel’s International Liability for Crimes Committed during the Al-Aqsa Intifada, 2001 Ziad Amr, The Rights of Persons with Special Needs in Palestine, 2001

Aziz Kayed, The Palestinian Legislative Council: One Chamber or Two, 2001 Hussein Abu Hannoud, Palestinian Reform and Rehabilitation Centers, 2001

Musa Abu Dheim, Social Security, 2001 Aziz Kayed, Parliamentary Oversight of Conventions Ratified by the Executive Branch, 2002

Lu`ai, Omar, Islamic Waqf in the West Bank, 2002 Basim Bushnaq, Public Employment in Palestine: Between Law and Practice, 2002 Nizar Ayoub, International Humanitarian Law and International Human Rights Law, May 2003. Maen Ideis, Public Institutions and the Palestinian Executive Branch – Problems and Solutions, June 2003. Basem Bushnaq, Administrative Regulation of the Governorates in Palestine, October 2003. Law Reform Series:

‘Issa Abu Sharar, et al., The Draft Judicial Branch Law: Critical Study and Commentary, 1998 Ziyad ‘Areef, et al., Police Laws in Palestine, Critical Study and Commentary, 1998

‘Azmi Shu’aibi, et al., The Printing and Publishing Law: Critical Study and Commentary, 1999 Dr. Muhammd ‘Ulwan and Dr. Mu’tasem Musha’sha’, Human Rights in the Palestinian and Jordanian Penal Codes, 1999 Firas Milhem, et al., The Legal Framework of Social Security in Palestine, 1999

Dr. Muhammad ‘Ulwan, et al., Human Rights in the Current Palestinian Penal Code: Critical Study and Commentary, 1999

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Ammar Dwaik, Death Penalty in Palestine in Comparison with International Standards, 1999

Dr. Nidal Sabri, Financial and Legal Aspects of the Palestinian Budget, 2000 Aziz Kayed, A Reading of the Temporary Draft Palestinian Constitution, 2000

Fatin Bolifa, Child Labor: Between Law and Reality, 2000 Abdel Rahim Taha, Material Compensation of those Damaged by Aggressive Acts during the Al-Aqsa Intifada, 2001 ‘Issa Abu Sharrar, Mahmoud Shahin and Dawoud Dir’awi, The Draft Palestinian Penal Code: Papers and Critical Observations, 2001 Mazin Sisalim, Amin Bushnaq and Saad Shuheiber, Evidence in the Palestinian Regular Courts in Light of the Formation of Regular Courts Law and the Penal Procedures Law, 2001 Ma’an Id’eis, Fatin Bolifa, Ribhi Qatamesh and Rasha Amarneh, The New Palestinian Labor Law: Working Papers, 2002 Khaled Muhammad Al-Sabatin, Consumer Legal Protection, 2002

Ma’an Id’eis, By-Laws, 2002 Nasser Al-Rayes, Mahmoud Hammad, Ammar Dweik, and Mahmoud Shaheen. The Palestinian Draft Penal Law: Working Papers, 2003 Special Reports Series: No to Street Justice: A Special Report on the Referral of Civil Cases to State Security and Military Courts due to Public Opinion Pressure, 2000 Joint Residences (Condominiums): Problems and Potential Solutions, 2000

Political Detention during the Year 2000 under the Auspices of the Palestinian National Authority, 2000 Palestinian Medical Preparedness for Emergency Situations, 2000

Palestinian Civil Defense: Content, Structure, and Performance, 2001 Societal Preparedness to Rehabilitate those Disabled by the Intifada, 2001

Performance of the Palestinian Regular Courts during the Al-Aqsa Intifada, 2001 Health Effects and Environmental Impacts of Pollution Caused by Solid Waste and Stagnant Water in the Palestinian Territories, 2001 General Safety on Palestinian Roads, 2001

Investigation and Autopsy: Deaths in Palestinian Prisons and Detention Centers, 2001 Demolition of Homes and Private Complexes by Israeli Occupation Forces during the Al-Aqsa Intifada in the Period between 28 September 2000 and 31 August 2001 Medical Negligence in the Territories of the Palestinian National Authority, 2002

Misuse of Firearms by Palestinian Security Members during the Year 2001, 2002 Taking the Law into One’s Own Hands: Ramallah Incidents of 31 January 2002, 2002

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Formation of Associations in the Territories of the Palestinian National Authority: Between Law and Practice, 2002 Consequences of the Israeli Assaults on Palestinian Prisons and Detention Centers, 2002

Committees for the Administration and Supervision of General Elections, 2002 Suffering of Palestinians at Al-Karama and Rafah Crossings, 2002

Management and Administration of State Lands: Between Law and Practice, 2003 Price Discrepancy for Water in the Palestinian National Authority Areas, March 2003 Distribution of Aid among Those Harmed by Israeli Assaults (the Case of the Jenin and Rafah Governorates), March 2003. Palestine T.V. and Palestine Satellite Channel – Administration, Financing, and Programming Policies, May 2003. Creeping Annexation: The Israeli Separation Wall and its Impact on the West Bank, June 2003. Filling the Higher Offices in the Palestinian National Authority, August 2003. Appointment of Employees to Local Authorities (Foundations, Procedures, and Jurisdictions), August 2003. Property Tax in Palestinian National Authority Areas – Gaza Strip: Problems and Solutions, November 2003. The Suffering of Patients with Kidney Failure in the Palestinian National Authority Areas, December 2003. Four Quarterly Reports on Israeli Violations of Palestinian Citizens’ Rights during 2003.