Although the right to liberty is not a social and economic right, some information will be given as JCSER took some arrest and detention cases in 2001 because of the situation and the many arrests that took place since the start of the Second Intifada.
The number of Palestinian political prisoners held in Israeli prisons, detention and interrogation centers in 2001, was approximately 2650. At least 143 were Palestinians from Jerusalem.
A minimum of 350 children have been arrested, of whom approximately 66 were from Jerusalem. Many were arrested during demonstrations for throwing stones.
Torture and other ill treatment are still widely practiced in Israeli jails. Many Palestinian detainees, including minors, are exposed to one extent or another to methods of torture and other ill-treatment that include sleep deprivation, shackling to a chair in painful positions, beating, slapping and kicking, threats, curses and insults, position abuse, violent shaking, suffocation, and other violent and degrading methods during interrogations and detention.
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Jerusalem 29 November 2001 - General Security Services admit use of torture
JCSER's lawyer, who is defending the case of MTAM from Jerusalem, received an assessment report from the head of the Jerusalem Investigators Team of the General Security Services in which he admitted the use of torture methods during the investigation.
In the letter was written that the following investigation methods have been used against MTAM on 27 & 28 August 2001 after his arrest on 26 August: "Slapping his face five times; twisting his back twice for half an hour each time. After obtaining information, the investigators stopped using corporal methods."
This report must be read in relation to MTAM's own testimony. He told JCSER's lawyer that he was beaten by the investigators of which as a result his tooth was broken. The investigators put him in a painful posture. His back was leaned backwards on the chair. One sat behind him and one in front of him. They shook his body. One pressed his chest until his back curved down. He felt on the ground and was beaten by the investigator who was standing behind him. His hands were shackled. This process was repeated for two consecutive days. His body was shivering and he felt severe pains all over his body. During investigation, his legs and feet were tied up with the chair. He spent long hours in the investigation room in the same posture without objective investigation. Sometimes, he was left alone in the room. He spent ten consecutive days. He admitted and signed a statement to save his life. Then he was taken to a clinic for medical treatment. He was given some medicines and glucose. As a result of the painful posture, he suffered from severe pains all over his body. He told the court about the illegal investigation methods used by the investigators against him. He lodged a complained concerning this.
Although the degree differs, both sides admit the use of torture. In September 1999, the Israeli Supreme Court decided that the use of certain interrogation methods by the Israeli Security Agency involving the use of "moderate physical pressure" was illegal as it violated constitutional protection of the individual's right to dignity. It not only violates Israeli law, but also the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Israel ratified in 1991.
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JCSER's activities
JCSER took the legal defense of 14 Palestinian prisoners in 2001. The following cases are two examples of these.
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The arrest of a child: The case of AH
JCSER legally defends AH, 15 years old, a Palestinian Jerusalemite. He was arrested for throwing stones in October 2001 and suffers from asthma since his imprisonment. Since his arrest, he has spent about 40 days in isolation. Afterwards, he was transferred to a child prison. The conditions in prison worsened his health condition enormously.
Since the start of the Second Intifada, more than 100 Palestinian children under the age of eighteen from Jerusalem have been arrested. Many of them were arrested during demonstrations for throwing stones. These minors are jailed for an average of four to six months and held in custody at least until his or her trial finishes. Furthermore, children have been placed in cells with those who have been detained for criminal offences. Child detainees have been subjected to different kinds of torture like beating, scalding with hot water, etc.
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ID card confiscation by the Israeli police: The case of MK
MK is a Palestinian Jerusalemite and a resident of Al-Issawiyya neighborhood. In 1999, he was arrested. His ID card was kept with the Israeli police at the Russian Compound in West Jerusalem after he was released. On 17 April 2001, he approached the Center for legal help. The Center sent a memo to the Israeli police at the Russian Compound, requesting the restoration of MK's ID card. Two days later, on 19 April, the Israeli police replied that the client could receive his ID card from the Russian Compound.
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The right to residence
Israel regulates the issuing of residence permits to Palestinians in Jerusalem with reference to the Entry into Israel Law. This law authorizes the Israeli Ministry of the Interior to administer the law. The Ministry of the Interior is therefore responsible for residency policies. The residency rights of Palestinians in Jerusalem are restricted and violated in several ways as the Interior Ministry applies a number of discriminatory methods to control the number of Palestinians who legally reside in the city. These measures can be seen within Israel's overall policy in East Jerusalem, namely to preserve the 'demographic balance' and to strengthen Israel's sovereignty over the city. Furthermore, the bulk of Interior Ministry's policy in East Jerusalem is conducted on the basis of unwritten criteria and unclear procedures
In 1995, the Interior Ministry introduced the 'center of life' policy. Palestinians with a Jerusalem ID card were required to prove continuous residency in Jerusalem by submitting documents to demonstrate that they actually resided in the city for the previous years. The burden of having to prove the individual's 'center of life' in Jerusalem is placed on the Palestinian. The requirements to prove the 'center of life' are so detailed that even persons who never left the city have difficulties meeting them. The requirements related to this are characterized by ambiguity and vagueness. The ones who cannot meet the requirements to proof one's 'center of life' can have their residency status revoked by the confiscation of his or her ID card, is refused family unification, and cannot register his or her children in the population registry. Because of this policy there are many unregistered children and spouses living 'illegally' in Jerusalem.
Despite local and international protests, the 'center of life' policy continues. Palestinian Jerusalemites still have to proof continues residency in Jerusalem. The Interior Ministry and the National Insurance Institute still demand numerous documents from Palestinian citizens to prove one's 'center of life' in all their applications. Although the Israeli authorities announced at the end of 1999 to stop confiscating ID cards, occasionally these are still being confiscated at border crossings.
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An example of ID card and related problems: the case of Ms. LT
Ms. LT is a Palestinian Jerusalemite and a resident of Ath-Thori neighborhood. The family lives in Jerusalem and pays the Arnona municipal tax, the national insurance fees and other taxes. In December 1999, the National Insurance Institute discontinued the family's health insurance. The Interior Ministry informed her that her ID card has not been valid since 1967. It requested her to provide all documents, such as Arnona, water, electricity and telephone bills, school and work certificates for previous years. She submitted these documents, but to no avail.
She approached JCSER on 20 January 2001 for legal aid. The Center sent several memos to the Interior Ministry. It was able to restore Ms. LT's ID card and the ID cards of her children. The family is now entitled to national and health insurances.
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The case of Ms. NL
Ms. NL, a Palestinian Jerusalemite, is married and a mother of seven children. In 1985, she got married to her husband, a resident of Hebron. The couple has been living in Shu'fat refugee camp since 1994.
Mrs. NL approached the Center on 27 January 1999 after the Interior Ministry confiscated her Jerusalem ID card and refused to register her children, and after the NII discontinued the family's health insurances. The Center sent memos to the Interior Ministry, requesting it to restore the client's ID card, to register her children, and to approve the family reunification, as she provided all necessary documents and papers.
JCSER threatened that it will resort to the Supreme Court. However, the Ministry restored the client's ID card and registered her children on 7 August 2001, before the case reached the court.
The NII refused to disburse the family's entitlements of child benefits and to reinstate the family's health insurance unless the Interior Ministry approved the client's residency. The Center resorted to the labor court, which after several sessions, approved to reinstate the family's health insurance and to disburse child benefits retroactively.
The Center continues to follow-up on the case concerning the application for family reunification.
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The strict policy of family reunification remained in place in 2001. Jerusalem residents married to persons who are not Israeli residents or citizens must apply for family unification in order to live legally together in the city. The application is being verified with 'center of life', security and criminal record. It can take years before the applicant receives a decision to his or her application. When the applicant receives approval, a process starts, which will take five years. Every year both the applicant as well as the one for whom the applicant applies have to show all the requested documents and the application is checked on the above three issues.
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An example of rejecting an application because of 'center of life': The case of Mr. JS
Petitioner Mr. JS applied for family reunification as his wife has a West Bank ID card. The Interior Ministry refused his application because of security reasons. Mid 1999, he came to JCSER's office for legal assistance. JCSER wrote a letter to the Attorney General. An answer was received explaining that because of criminal charges against him, namely charges for theft at work for an amount of US$150, the petitioner might be imprisoned. This means that there would be no common life with his wife and no 'center of life' in Jerusalem. Therefore, the Interior Ministry could not approve the application. JCSER went to court in June 2001. The first response was the approval of the application.
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An example of remaining difficulties after approval: the case of Ms. LA
Petitioner LA is a Palestinian Jerusalemite and married in 1993. Her husband has a West Bank ID card. They applied for family reunification in 1994. Their application was approved in 1996. In 1997, he received a temporary ID card according to the Interior Ministry's policy. However, every time there is a six or seven-month period in between the expiring date of one card and the receiving of a new card. In this period her husband has no valid ID card and therefore no rights. In October 2001, JCSER filed a petition against the Interior Ministry concerning this case and is waiting for a response.
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Since the start of the Intifada, an increase is being noticed in applications rejected due to 'security reasons', in particular in cases in which the husband is from the West Bank or Gaza Strip. These reasons do not need to be specified as it concerns secret state security information, even when the case is taken to the courts. There is a strong feeling that this reason is used more and more to limit the number of family reunifications.
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Rejecting application because of security reasons: the case of Ms. FJ.
Ms. FJ is a Palestinian Jerusalemite and a resident of Shu'fat refugee camp. In 1998, she got married to Mr. SO, a resident of a West Bank town. They lived together in Shu'fat refugee camp. She applied for family reunification for her husband. The Interior Ministry turned down the family reunification application for security reasons. On 22 June 2000, the couple had their firstborn baby, but the NII refused to disburse child benefits and delivery allowance for the mother, claiming that she lives outside the municipal borders of Jerusalem.
Ms. FJ approached the Center on 30 August 2000 for legal assistance. The Center sent a letter to the NII, requesting it to disburse child benefits for the client. It replied that the file was 'under discussion'. Another memo was sent. A memo was also sent to the Interior Ministry, requesting its approval of the family reunification application.
After reaching a standstill with the Interior Ministry, the Center submitted a case to the Supreme Court in August 2001. The Ministry was given 45 days to reply to the case. At the hearing in November it was explained that the application was rejected because of security reasons.
Ms. FJ's husband was convicted for throwing stones, working for the Palestinian security forces, and arrested for security reasons not to be published according to instructions of security apparatuses and the Defense Ministry.
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The case of Mr. JT
Petitioner Mr. JT is a Palestinian Jerusalemite, married to a woman with a West Bank ID card. In 1994. In 1995, he applied for family reunification for his wife. This application was rejected in 1996 because of security reasons. In 2000, he asked for legal assistance from JCSER. It was found that the security reasons to refuse his application were charges against him for illegal hunting. In July 2001, JCSER filed a petition to the Israeli Court. In a first response they agreed to issue the family reunification permit.
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As is the case with family reunification, also the policy of child registration remained as strict in 2001. To register a child born to parents of whom only one is a resident of East Jerusalem and to receive an identity number, the parents must submit a 'request to register a birth' and submit to this request proof that the 'center of life' is in Jerusalem. It is estimated that there are currently at least 10,000 children residing in East Jerusalem who are not registered.
Without a Jerusalem ID number, Palestinian children are denied some basic rights. A child must have his/her birth registered in order to be recognized by the state. By denying or restricting registration, the state can effectively disclaim their rights to any benefit or service, including access to and provision of education, health care and others.
ID card confiscation, refusal to issue family unification permits or register children lead to severe problems for the individuals or families involved. They are "illegal" in the city and have no residency rights. This means that they are not insured, have no right to health care or other social benefits, can not get a work permit or register at a governmental school. Furthermore, they run the risk of getting arrested when being checked by the police in the city or at checkpoints, as they have no permit to reside in the city.
JCSER suspects that there is an increase in cases reported, where applicants to the Interior Ministry are approached by the GSS (General Security Service) to collaborate in exchange for a return of one's ID card or family reunification approval. JCSER expresses its deep concern about these developments.
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An example: the case of Mr. S.
Petitioner Mr. S. married with his wife from the West Bank in 1991 and applied for family reunification in 1994. He was asked to come to the GSS for questioning, as a security check is part of the family reunification application procedure. It was proposed that he would get a family reunification permit if he would collaborate with the GSS by providing information. He refused and his application was rejected in 1997 because of security reasons. In September 2001, JCSER filed a petition against the Interior Ministry in order to obtain approval to issue a family reunification permit and to register their children. The Ministry agreed to register their children, but they have to apply again and start the procedure for family reunification all over again.
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Palestinian Jerusalemites have for long complained about the inhuman conditions to which they are exposed by the office of the Interior Ministry in East Jerusalem, which differs considerably from the one in West Jerusalem. At the office in the eastern part of the city, which is for Jerusalem's residents, there are long waiting lines, hardly any services, accumulated, longstanding files waiting to be processed, and numerous requests to prove one's 'center of life'. The conditions contradict existing Israeli laws and strongly contravene with the internationally acknowledged standards pertaining to the respect of economic and social rights and the principles of equality and impartiality.
Palestinian residents are exposed to mistreatment and arbitrary procedures as executed by the staff of the Interior Ministry's office in East Jerusalem. They are repeatedly and exaggeratedly asked to report in comparison with the requests made by staff to Israelis in West Jerusalem. Israeli citizens receive certain services through mail, which is not the case for Palestinian residents. When requested to appear in the offices, Israelis are never requested to show any documents to prove their citizenship. Palestinians, on the contrary, are requested to provide innumerable documents to prove their 'center of life' in the city. Misleading or absent information has often been related to granting public services.
As a result, Palestinians have often lacked information on required fees, the type of documents they should enclose with their application or the working hours, which are in the morning in contrast to the West Jerusalem office, which remains open in the afternoon. Furthermore, Hebrew is the only language used most of the time, although Arabic is the second official language in Israel. Many Palestinians do not understand Hebrew, which makes the communication with the Ministry a frustrating process. They have to use application documents without being able to understand the contents.
Despite legal pressure, promises and intentions to improve services in the Interior Ministry's office in East Jerusalem, until today in practice nothing has changed.
JCSER's activities
Legal assistance
JCSER assisted 143 people with their applications to the Interior Ministry. Most of these cases dealt with family reunification. The following cases presented are samples of identity card, family reunification and child registration cases adopted and defended legally by the Center.
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Two exampes of ID card, family reunification and child registration cases adopted by JCSER
Ms. SS
Ms. SS married in 1994 and has two children. As her husband is from the West Bank, she applied for family reunification. Although they submitted all necessary documents and papers to prove the family's place of residence in Jerusalem, the Interior Ministry turned down the application claiming that they live outside the municipal borders of Jerusalem.
On 12 December 1999, she approached the Center for legal help. The Center studied the case and sent a memo to the Interior Ministry dated 4 January 2000 stressing the need to approve the application. Three more memos were sent dated 23/2/2000, 28/5/2000 & 9/6/2000, but the Ministry kept asking for more documents. On 18 June 2000, the Center sent another memo to the Interior Ministry, demanding it to register Samar's children. On 7 October 2000, the Center sent another memo threatening the Ministry to resort to the Supreme Court if no reply is received in 30 days' time. Eventually, the Center sent a letter to the Israeli attorney general explaining the Ministry's unjustified delay of the approval of the application. On 14 February 2001, the Center obtained a preventive order from the Supreme Court, preventing the expulsion of the family from Jerusalem.
Eventually, the Interior Ministry approved to issue a one-year permit for Ms. SS's husband after which he will obtain a Jerusalem ID card. It also approved to register the two children.
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Mr. SS
Mr. SS is a Palestinian Jerusalemite born in 1958 in the neighborhood of Shu'fat. In 1978, he traveled to Saudi Arabia and used to visit the county once every six months. In 1981, he married Ms. RH, a Palestinian woman who fled to Jordan during the War of 1967. They had seven children. In 1991, he applied for family reunification for his wife. As the application was approved while they were abroad, the wife was not able to receive the ID card.
In 1995, the family returned to Jerusalem. Mr. SS applied again for family reunification. The Ministry extended the wife's residency permit for eighteen consecutive months and asked the couple to go to the Ministry's office twice a week, on Monday and Thursday. During the last visit in 1997, the Ministry confiscated Subhi's ID card and gave him an order to leave the country with his family. The family's health insurance was also discontinued.
On 12 March 2000, Mr. SS approached the Center for legal assistance. The Center sent several memos to the Interior Ministry demanding it to restore Mr. SS's ID card, to approve the application, and to register their children. The Center resorted to the Israeli Supreme Court, which in turn issued a decision dated 31 July 2001, requesting the Ministry to restore Mr. SS's ID card. It also requested the client to apply another time for family reunification for his wife. The Supreme Court forced the Ministry to issue a decision within 60 days.
On 20 November 2001, the Center obtained the Ministry's official approval to register their children. Mr. SS was requested to pay the amount of 535 NIS service fees for each of them.
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Legal advocacy
In the year 2000, JCSER in cooperation with CRC's (Citizens' Rights Center) submitted a petition to the Israeli Supreme Court with regard to services of the Interior Ministry in East Jerusalem. In 2001, the Center continued to work on this petition. JCSER and CRC tried with this petition to force the Interior Ministry Office to improve its services provided to the Palestinian people living in East Jerusalem towards the same level as the people living in West Jerusalem. The petition demands equal rights for all applicants and equal services and treatment. The petition requests, for example, to improve waiting conditions and to make procedures more transparent and shorter in East Jerusalem, to translate application forms into Arabic, and in general to provide more effective and efficient services.
During the first hearing in September 2000, the Interior Ministry, amongst others, committed itself to move to a more appropriate office, to improve waiting facilities, to provide application forms translated into Arabic, and to increase its staff to be able to provide better services.
The second hearing in January 2001 focused on the progress made. The third and last hearing took place on 6 June 2001. The judges stated that they could see improvement in many ways and that they were convinced of the positive intentions of the Ministry, although until this moment nothing actually has changed. Furthermore, the judges shared the opinion that the case was too general and asked for specific cases about concrete damages caused by the Ministry.
Although the court dismissed the case without concrete improvement in the services provided by the Ministry to Palestinian applicants in East Jerusalem, the agreements and protocol give JCSER and CRC the possibility to observe the efforts of the Ministry to fulfill its obligations. Furthermore, both Centers will start to collect specific cases to submit to the Supreme Court as suggested by its judges.
This year JCSER also protested against the new procedures adopted by the Interior Ministry concerning family reunification. These new procedures include that applicants must appeal a negative decision within a one-year period after the decision is taken. However, at least ten applicants approached JCSER this year as they had found their applications rejected without having received a notification of this decision and neither having received a notification concerning the change in policy. Besides individual cases, two general letters concerning this issue were sent to the legal department of the Interior Ministry in May and October 2001 in which JCSER requests the cancellation of this new procedure or demands from the Interior Ministry that it makes sure letters are received by applicants. JCSER advocates for the use of just and transparent procedures towards applicants. This will be followed up during the year 2002.
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