Jerusalem Center for Social & Economic Rights
ANNUAL REPORT 2002
ESCALATION
The Rising Tide of Violations Against Palestinian Rights In Jerusalem
2002
Fourth Annual Report
Table of Contents
Introduction
Palestinians entered the third millennium hoping that peace and security would prevail, not only for those of us in the Holy Land, but across the world. But hope is one thing, and reality is another. Since 2000, new wars, disputes and discords have emerged, added to the disturbing number of existing conflicts. But the tragedy of the Palestinian people is unique; we are the only nation, worldwide, to exist under a repressive occupation that has stretched across thirty-five years despite repeated United Nations condemnations.
The situation worsened dramatically early in the new millennium, when Israeli Prime Minister Ariel Sharon – at the time, leader of Israel’s Likud opposition party - made a provocative visit to the Al-Aqsa Mosque on 28 September, 2000. The presence of Mr. Sharon and his huge entourage of soldiers, police and bodyguards demonstrated serious disregard for the significance of the visit. For a site holy to Muslims worldwide to be visited by an Israeli official who is considered by many to be guilty of war crimes, was a recipe for disaster. Palestinians’ emotions were already running high, in direct proportion to the harsh, restrictive measures of the Israeli Occupation. Immediately following Mr. Sharon’s deliberately provocative visit, Palestinians expressed their anger in demonstrations throughout the Occupied Palestinian Territories (OPT) in the West Bank and Gaza Strip.
The Israeli government’s harsh response to that spate of protests led to a spiraling of events, which has, over time, resulted in the death and injury of thousands of Palestinians, as well as hundreds of Israelis. Since Mr. Sharon’s election as Israeli Prime Minister, military retribution against Palestinians who actively resist the Occupation of their land dramatically worsened, until Israeli forces were actually authorized to use live ammunition against demonstrators throwing stones – even if the soldiers did not consider their lives to be in danger. The aggressive ‘war’ against an entire population of comparatively unarmed men, women and children continues to fly in the face of international law, the Fourth Geneva Convention pertaining to land and people under military occupation, human rights treaties and numerous United Nations regulations and resolutions – although Israel is, of course, a member of the UN.
The global political climate has become even more complex following the events of
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We have also succeeded, through a petition submitted to the Israeli Supreme Court, in forcing the National Insurance Institute (NII) to use the Arabic language in its dealings with Palestinian Jerusalemites, and to provide seats, shelters, drinking fountains, and bathrooms to applicants waiting outside its offices. Previously, such basic necessities were provided only to residents of
By appealing to the Israeli Supreme and Central Courts, we have obtained court decisions forcing the Israeli Interior Ministry to approve tens of family reunification applications, to register children on their parents’ ID cards, and to restore
In some cases, clients came to JCSER after encountering several problems simultaneously. For instance, a Jerusalem-born Palestinian might experience the confiscation of his ID card, then discover that his national insurance and child benefits had been discontinued – while also finding that the Interior Ministry had refused to register children on one of the parents’ ID cards. Such complex cases were followed-up until solutions were found through legal proceedings.
In addition, the Center saved tens of ‘unlicensed’ houses from being demolished by Israeli forces, by obtaining court orders. In many cases, we succeeded in replacing the demolition orders with fines.
We, at the Jerusalem Center for Social & Economic Rights, continue to confront Israel’s discriminatory polices and practices against Palestinian Jerusalemites, document human rights violations, and publish periodical statements and press releases to divulge these practices to the world. All who are interested in learning about the Center’s activities in more detail are warmly encouraged to read the following report, which describes actions carried out during the year 2002.
Ziad Al-Hammouri
Director General
JCSER
About JCSER
The Jerusalem Center for Social and Economic Rights (JCSER) is a Palestinian non-governmental human rights organization based in Jerusalem. It was established in late 1997 by a group of Palestinian lawyers and members of the Palestinian community to provide legal assistance and representation to Palestinian residents of East Jerusalem who have been subjected to discriminatory actions carried out by Israeli government institutions.
JCSER aims to protect and promote the social and economic rights of Palestinians in
JCSER makes use of the Israeli legal system to assist Palestinian Jerusalemites to survive on a day-to-day basis in the city. Furthermore, it seeks to find ways to take the initiative to proactively fight discrimination and improve conditions of daily life in the short term, without conferring political legitimacy on Israel’s illegal annexation of East Jerusalem. Presently, JCSER is one of the only institutions specifically devoted to providing representation and other legal services on social and economic rights to the Palestinian community in Jerusalem.
JCSER’s activities are intended for the benefit of all current, former, or potential Palestinian residents of Jerusalem whose rights to reside and lead a normal life in Jerusalem are threatened or actually violated by the Israeli authorities. Any member of this community can obtain information and advice from JCSER, and its programs are intended for their collective benefit.
JCSER implements several programs to realize its goal: Individual Legal Assistance & Legal Advocacy
JCSER’s Legal Unit aims to defend the existing individual and collective social and economic rights of Palestinians in
Research
The Research Unit collects data and publishes studies and research on social and economic rights violations, discriminatory Israeli legislation, regulations and practices, and its consequences on the Palestinian community in
Awareness Raising, Lobby & Advocacy
The Public Relations Unit of the Center aims to promote awareness among decision-makers and the general public, locally as well as internationally, about Israeli violations of Palestinian rights in
In order to ensure the protection of the rights of Palestinian Jerusalemites, JCSER:
Brings cases of strategic importance to the Israeli courts;
Monitors and documents human rights violations committed against Palestinians in East Jerusalem;
Publishes studies about social and economic rights of Palestinian Jerusalemites;
Raises awareness about Israeli violations of Palestinian rights in East Jerusalem;
Empowers the Palestinian community in Jerusalem to effectively challenge Israeli violations of their social and economic rights and to resist Israeli attempts to evict or pressure them into leaving the city
JCSER acts on the following issues:
Residency rights:
ID card confiscation;
Family reunification;
Child registration.
Social security rights, including social insurance:
Access to health services;
Provision of allowances and social benefits.
Municipal services & Municipal Arnona tax system:
Business tax/ property tax;
Provision of equal services.
Building restrictions and illegal building:
Consequences of illegal building, such as house demolitions.
Land confiscation
Cases related to other Israeli violations of Palestinian rights in Jerusalem
JCSER is a member of:
The Jerusalem Coalition against House Demolition;
The Coalition for the Defense of Jerusalem;
The Coalition to Stop ID Card Confiscation from Palestinian Jerusalemites;
The Coalition for Education;
The Land Defense Committee.
Family Reunification & ID Card Confiscation
JCSER continues to document and publicize the evidence of Israel’s ongoing policy toward Palestinians in the city of Jerusalem. The mounting number of cases defended by the Center clearly points to a consistent racist policy of undermining the Arab presence in the city of Jerusalem – a policy some have compared to a form of ‘ethnic cleansing’. A prime example is the Interior Minister’s May 2002 decision to freeze Palestinian residents’ family reunification applications.
Under Israeli Occupation, these applications are the only means by which some married couples are permitted to share a dwelling.
It might be expected that this basic right – the right of a married couple to live together – would be honored by the occupying government of Israel. But the reality of the situation is far from the recognized norm elsewhere in the world. When a Palestinian who has proven that he is a bona fide resident of Jerusalem and who has therefore been issued a Jerusalem identity card marries an individual from a nearby West Bank town, or one of the outskirts of Jerusalem, that individual has no right, under Israeli regulations, to come and live in Jerusalem. The newlyweds may not legally reside in the same home. The distances involved between a husband’s town of residence, and that of his new wife (or vice versa), may be a matter of only a few kilometers. There have been hundreds of such cases – and there are many new situations each year.
In order to receive permission to live as husband and wife, a rigorous procedure must be entered into: an application must be filed, requesting permission to live together in Jerusalem. The Jerusalemite applicant is required to submit innumerable documents to prove (or actually to re-prove) that Jerusalem has been the ‘center of life. The list of documents required includes: Arnona (municipal) tax receipts for the previous seven years, telephone and electricity bills, work certificates, school certificate and others. The application is entered into a complex series of bureaucratic procedures before, it is hoped, it is approved by the Interior Ministry. In many cases, an applicant is required to submit second or even third copies of the documents, as the Interior Ministry denies having received them.
Obtaining the approval of a family reunification application can take years. Frequently, the application is rejected outright, without explanation, or for undefined ‘security reasons’. In other cases, the applicant’s Jerusalem ID card is taken away without any clear legal justification. The slightest pretext can be cited by the authorities as an indication that she or he lives outside Jerusalem’s municipal boundaries. In practice, the policy might more accurately be named ‘Family Disunification’ – since the end result is often that the couple does not receive ‘legal permission’ to share a home. The consequences for a couple are difficult to imagine; a permit-less husband who dares to visit his Jerusalemite bride inside the city limits, perhaps a few minutes’ trip from his village, risks harassment, being roughed up or even arrested. Attempting to meet means tremendous anxiety, but not attempting to meet means another form of anguish for the couple: loneliness. Many Israeli marriages are between individuals from two different countries, yet a Palestinian born in Jerusalem is seriously discouraged from marrying an individual who comes from a few miles down the road – in the same land.
The so-called family reunification policy, with its grievously disruptive effect on married couples’ lives, is just one of the violations of Palestinian rights that have been carried out by the occupying Israeli government. The need to prove Jerusalem residency in the first place, to obtain the Israeli-issued ID card that ‘authorizes’ one’s presence in the city of one’s birth, is another of the degrading restrictions that have been established by the Israeli authorities. (It may come as no surprise that Israeli Jerusalemites are required to carry no such municipal ID card. Even a brand-new Israeli citizen has freedom of movement throughout the city and the state, while native-born and long-term Palestinian residents enjoy no such ‘privilege’.)
Applications for Family Reunification and the documentation associated with Jerusalem I.D. cards must be filed at the East Jerusalem office of the Israeli Interior Ministry. Outside this office, long queues of Palestinians form in the early hours of the morning, as residents in search of the necessary permits and other documents gather. Their numbers are many (there are approximately 250,000 Palestinian Jerusalemites) and the office hours – and Israeli staff – are few, so a place in line is a precious commodity. Tax-paying Palestinian residents are forced to wait in inhumane conditions, so as to be among those who will gain entry once the office opens. Even after some individuals are allowed inside, the majority continues to wait through the morning, in all kinds of weather, and without access to rest rooms. Meanwhile, tax-paying Israeli Jerusalemites enjoy the services of a larger West Side facility, where they can sit in ample waiting rooms, and have access to rest rooms. On the East Side, Palestinians waiting outside frequently find themselves insulted and harassed by police and security guards. It should go without saying that security guards do not harass Israeli residents who make use of the West Side facility.
It may be difficult to imagine being required to stand in line, outdoors, for up to ten or twelve hours, in order to request official ‘permission’ to be in one’s native city. It is perhaps even more difficult to imagine that this wait is necessary each time a Palestinian resident seeks to obtain a birth certificate for a new baby, or to register a child on the parents’ ID card, or to change one’s legal marital status, from single to married, or to widowed or divorced. Of course, the long wait is only the beginning; having the documents processed can take weeks and months. So an individual may be forced to endure repeated waits, across several different days, in pursuit of a single precious piece of paper.
To make matters even worse, because of the Ministry’s failure to efficiently process, regulate, and clarify the procedures that take place at the Ministry, many Palestinians who come to the office fall victim to unscrupulous lawyers. Hiring a lawyer to process documents can cost upwards of $300 per case, and it is not uncommon for lawyers to take up ten cases at the same time. It should be entirely unnecessary for any citizen* to hire a lawyer to help with government-required paperwork relating to basic procedures. However, the Ministry does nothing to prevent the practice. It continues with the full knowledge of the Ministry’s officials and the police. The Ministry claims that its responsibility does not extend beyond its offices.
When such inhumane conditions go un-addressed, year after year, JCSER can only conclude that it is Israeli policy to seriously disrupt Palestinians’ lives, carrying out flagrant violations of their basic rights.
On the subject of family reunification applications and ID card withdrawals, it should be noted that the Center’s lawyers were forced in many cases to resort to the Israeli Central Court and the Supreme Court in order to obtain decisions.
Presented below are four representative cases concerning family reunification and other Interior Ministry procedures, which were defended and pursued by the Center during the past year.
1. Rania Mousa Fheidat
Rania Fheidat, a Palestinian Jerusalemite and a resident of the Al-Issawiyya neighborhood of Jerusalem, is married and the mother of two children. Mrs. Fheidat approached the Center on 11 September 2001, after the Israeli Interior Ministry refused to register her children on her Jerusalem ID card. The Center studied the file and sent several memos to the Interior Ministry, requesting it to expedite the registration. The Ministry replied that the file was missing and that therefore Mrs. Fheidat would have to re-submit her application, attaching once again all of the documents required to prove her ‘center of life’ in Jerusalem. In its final memo, sent on 21 July 2002, JCSER requested that the Ministry register Mrs. Rania’s children within 21 days. On 18 September 2002, the Center at last received the Ministry’s approval to register the children on their mother’s ID card. A registration date of 17 October 2002 was set, finally bringing the family’s yearlong bureaucratic nightmare to an end.
2. Sakher Hasan Younis Sweiti
Born in 1976, Sakher Sweiti is a Palestinian Jerusalemite and a resident of the Shu’fat refugee camp. He traveled to Jordan in 1995, via an entry permit, to study veterinary medicine. He returned to Jerusalem during yearly summer vacations until finishing his studies in 2000. In August 1996, he married a Palestinian born in the West Bank village of Uthna, near Hebron. Three children were born to the couple. When Mr. Sweiti returned from Jordan, he applied for family reunification for his wife, but the Interior Ministry rejected his request.
Mr. Sweiti approached the Center seeking legal assistance on 27 February 2001. The Center studied the file and sent several memos to the Interior Ministry, requesting approval of the application, since all necessary documents had been submitted. When the Ministry continued to withhold approval of the request, the Center submitted a petition to the Israeli Supreme Court. The petition was submitted on 28 Dec. 2001. The application was finally approved on 14 October 2002 – nearly nine months later, yet before the Supreme Court issued a decision of its own.
3. Abed Al-Hamid Walid Jaber
Born in 1971, Abed Al-Hamid Jaber is a Palestinian Jerusalemite who lives in the Ras Al-Amud neighborhood of Occupied Jerusalem. In 1995, he married Ibtisam Zuheir Hussein Jaber, a resident of the West Bank city of Ramallah, and immediately applied for family reunification. The application was rejected. In 1999, he submitted another application.
As the Ministry continued to delay its approval, Mr. Jaber approached the Center on 13 February 2000 for legal assistance. The Center studied the file and sent several memos to the Interior Ministry, stating that there was no legal justification for denying Mrs. Jaber the right to live with her husband in Jerusalem.
After reaching a deadlock, the Center submitted a petition to the Israeli Supreme Court, which responded by issuing a decision on 17 October 2001 preventing Ibtisam Jaber from being deported pending a final decision. The Ministry was given ten days to reply to the application.
The application was approved on 20 November 2001 and Mrs. Jaber obtained a Jerusalem residency permit, six years after marrying her husband.
4. Maher Farid At-Tawil
Maher Tawil is a Palestinian Jerusalemite and a resident of the Ath-Thori neighborhood of Occupied Jerusalem. On 24 Feb. 1995, he married Rania Abed Al-Majid At-Tawil, a resident of Jordan. He applied for family reunification immediately after the marriage. The application was rejected on 17 June 1997 for ‘security reasons’, as Mr. At-Tawil had been arrested for political activity five years earlier and detained for 20 months. Mrs. At-Tawil gave birth to a daughter in 1996.
Mr. At-Tawil approached the Center for legal assistance. The Center studied the file and pursued it with the Interior Ministry, stating that there was no legal justification for rejecting the application. On 13 Feb. 2000, the Ministry replied that a new application needed to be submitted, along with all necessary documents.
As the Ministry continued to withhold its approval, the Center sent a memo to the legal advisor – a legal step taken before resorting to the Supreme Court – explaining the situation. As often happens, the Center was forced to pursue the matter all the way to the Israeli Supreme Court. The court issued a decision on 16 July 2001 preventing Mrs. At-Tawil from being deported.
During a court session held on 10 Oct. 2001, the Court agreed that a new application must be submitted, and that the Ministry would have three months to reply. The application was finally approved on 15 July 2002, more than seven years after the couple married.
These sample cases demonstrate a clear pattern of capricious delay, unjustified rejection, and other forms of misconduct in the Israeli authorities’ processing of family reunification applications and other documentation. JCSER has handled many additional cases that vividly illustrate the bureaucratic and legal obstacles faced by Palestinian Jerusalemites.
*Note: While Palestinians continue to demand that they be treated with the respect due to every citizen, their legal status in the city is as ‘residents’. Although Palestinian Jerusalemites may have been born in the city, and are required to pay Israeli taxes (unlike residents of the other Occupied lands), Israel does not extend citizenship to Palestinians. And, of course, in the absence of a Palestinian state, such residents are not legally citizens of Palestine, either. They are stateless ‘residents’.
Housing & House Demolition
Despite international protests against Israel’s house demolition policy in Occupied East Jerusalem and elsewhere in the Occupied Palestinian Territories, the Jerusalem Municipality continues to demolish Palestinian homes, citing unlicensed construction as the pretext. Far from abating, demolitions are increasing annually at an alarming rate. The Municipality sets the costs of obtaining building permits prohibitively high, but even when the cost can be met, permits are usually denied outright to Palestinian residents. The Municipality’s engineers are meant to prepare structural drawings to be used in regulating construction in East Jerusalem, but they do not. Yet meanwhile, rulings concerning the ‘classified green areas’, where Arab construction is strictly prohibited, take place quickly and relatively efficiently. At the same time, in stark contrast with the approach to Palestinian-initiated building projects, permits are regularly issued for the construction of housing units for thousands of Israeli settlers on Palestinian land.
When building permits are granted, the cost is extremely high – as much as 20,000 US dollars. Israeli builders pay similar fees, but here the parallel ends. On the West Side, a range of loans and government subsidies, plus government housing, make housing much more plentiful. Palestinian Jerusalemites have no such advantages. The cost of a permit is enormous, in comparison with average income. But of course, even if a home-owner can come up with the necessary fees, he or she is unlikely to be granted a permit anyway.
In the face of such discriminatory practices, amid a severe housing shortage, Palestinian Jerusalemites are left with little choice. In desperation, property owners must resort to undertaking construction – whether new structures or simple additions to existing homes - without having obtained building permits from the Israeli authorities. Owners then run the very real risk that their unlicensed buildings will be completely destroyed under the orders of the Jerusalem Municipality. Living under such a threat is destructive enough; when demolitions are carried out, the lives of Palestinian families are shattered. Like the bricks and mortar of their homes, the families’ dreams of living in peace, security and harmony crumble away.
It should be noted that not only does the Municipality prohibit horizontal construction, it also forbids building upwards by means of vertical construction, despite the fact that in busy city neighborhoods where space is at a premium, the addition of another story appears to be good common sense (structural integrity permitting. A Palestinian owner is not permitted to add a kitchen or bathroom to an existing home. The building of a single wall may be considered a violation of building laws and therefore grounds for the destruction of the entire home. When a building permit has not been obtained, home-owners are typically given a period of two years in which to obtain one. If this does not take place, there is a high likelihood that the home will be demolished. Meanwhile, research indicates that if a West Side resident of Jerusalem is found to have violated building regulations, only the offending addition is ordered destroyed – not the entire property.
In the face of tremendous opposition, JCSER has made great efforts to use existing Israeli law to prevent the demolition of Palestinian homes. Tens of homes have indeed been saved, although often the respite is only temporarily. The Center has managed to obtain court orders that replace demolition orders, but such orders are accompanied by enormous fines, which can exceed the construction cost itself, and the house-owners’ financial ability.
It is clear that Israel’s refusal to grant building permits to Palestinian Jerusalemites and its house demolition policy share a common goal: uprooting the original Arab inhabitants of the city. Israeli housing policy is designed to overwhelmingly favor Israeli Jewish residents, and to maintain an ethnically and religiously Jewish majority in the city at the expense of the Arab Muslim and Christian population. Ironically, Jerusalem continues to be represented to the world at large as a city of three faiths – and the Israeli tourism industry benefits from this image – yet there is virtually no evidence of Municipal or State support for the maintenance of this multi-ethnic and multi-faith character, in regard to the housing of the indigenous Palestinian population.
The following are three cases concerning house demolition, in which Palestinian Jerusalemites were represented by the Center.
1. Ayman Ata Mohammed Mustafa
Born in 1977, Ayman Mustafa is a Palestinian Jerusalemite and a resident of the Al-Issawiyya neighborhood of Occupied Jerusalem. He approached the Center on 2 July 2002 requesting assistance in his problems with the Israeli Interior Ministry and the Jerusalem Municipality, both of which had filed a case against him at the Jerusalem Municipal Court for building a house without obtaining the necessary building permit. The house has a total area of 137 square meters.
After studying the file, the Center submitted a bill of defense to the Jerusalem Municipal Court in Jerusalem. A number of court sessions took place. In the session held on 18 November, 2002, the court imposed a fine in the amount of 65,000 shekels [nearly 14,000 U.S. dollars], a monthly payment of 520 shekels over 125 payments, due beginning 25 December 2002. If a single payment is missed, the full amount will be due immediately. Failure to pay will result in a prison sentence of ten months, and an order to sign a 40,000-shekel bail commitment not to violate building laws for two years. Mr. Mustafa was given until 18 May 2004 to obtain a building permit.
2. Tayseer Tawfiq Jaber
Born in 1950, Tayseer Jaber, a Palestinian resident of Jerusalem’s Old City, is married and the father of six children between the ages of 10 and 24 years. He is a driver. He approached the Center on 10 June 2000 for legal assistance. The Jerusalem Municipality and the Interior Ministry had lodged a legal case against his mother for building a 92-square-meter house near the central vegetable market in the Wadi Al-Joz neighborhood without a building permit. The house was built seven years ago and houses four families.
The Center studied the file and sent a number of memos to the Jerusalem Municipal Court, refuting the Ministry and Municipality’s claims that the house was only three years old. Aerial photographs of the area, which were taken between 1994 and 1996, were submitted as evidence. The photographic evidence supported the argument that the ‘law of limitation’ should apply, and that therefore the case against Mr. Jaber’s mother should be dismissed.
Only after numerous legal proceedings was the Center able to obtain a court order dismissing the case against Mr. Jaber’s mother. Effective 6 August 2001, the Municipality agreed not to take any measures against the home-owner.
This is one of the most important JCSER cases in which a home-owner was neither fined nor required to obtain a building permit.
3. Mohammed Abed Ar-Rahman Ali Abu Sneineh
Born in 1932, Mohammed Abu Sneineh is a Palestinian Jerusalemite and a resident of the Ath-Thori neighborhood of Jerusalem. He approached the Center on 19 January 2002, seeking a legal solution to his problem with the Interior Ministry and the Jerusalem Municipality. The government authorities had imposed a 600,000-shekel [approximately 127,000 U.S. dollar] fine, including interest charges, for building a house without a building permit. The fine was originally imposed in 1989.
In accordance with a court order issued on 6 January 2002, Mr. Abu Sneineh was ordered to pay the fine by 30 April 2002. If he failed to pay, he would face imprisonment; a court order issued against him on 18 December 2000 had set a prison sentence of 40 days.
After studying the file, the Center sent an objection memo to the Jerusalem Municipal Court in Jerusalem on 23 April 2002, requesting the cancellation of the fine and the interest charges. The memo noted that Mr. Abu Sneineh had begun the process of obtaining the building permit in question.
On 30 April 2002, the Center obtained a court order establishing the original fine of 120,000 shekels [more than 25,000 U.S. dollars], and canceling interest charges and taxes. According to the court order, Mr. Abu Sneineh will pay the amount of 20,000 shekels cash, and 25 monthly payments of 4,000 shekels each, beginning 1 July 2002.
Arnona Municipal Tax
The West Jerusalem Municipality (WJM) practices a clearly discriminatory, unjust policy against Palestinian Jerusalemites (who comprise 32% of the city’s total population) in several arenas, but there is one notable exception in which Palestinian and Israeli Jerusalemites are routinely treated as equals. This is in the assessment of Arnona (municipal) tax. Palestinians are required to pay at the same rate as their Israeli counterparts – although unlike Israeli Jerusalemites, Palestinians hold no citizenship, either as Israelis or as citizens of a Palestinian state. At the same time, Israel fails to acknowledge the profound inability of most Palestinian residents to meet their tax burden – a situation that can be laid squarely at the feet of the Israeli government itself.
The income of Israeli Jerusalemites is approximately eight times higher than that of Palestinian Jerusalemites. This disparity has many causes, but a major contributor is the enforcement of collective punishment instituted by Israel in response to Palestinian resistance to the Occupation. Blanket closures regularly restrict Palestinians from entering Jerusalem to carry out their shopping and other business. The result is a downward spiral. Especially inside and around the Old City, numerous Palestinian-owned shops and businesses have been forced to close down; lack of business has meant that the owners became unable to pay taxes, including the Arnona tax.
At the same time, the Jerusalem municipality is the only Israeli city government that makes no allowance whatsoever for either usage or income level in Arnona rate assessments on businesses. The failure to assess taxes based on the type of business means that, for instance, a struggling East Jerusalem auto repair shop (many of whose customers are prevented from reaching the shop) is required to pay the same Arnona tax as a prosperous electronics store of the same size in an Israeli West Side shopping mall. And in other cities governed by Israel, a merchant may apply for a rate reduction if his business income is low. This is not true for a Jerusalemite – although the Israeli authorities may detain a businessman for hours at a checkpoint (preventing him from opening his doors) not to mention his prospective clients. A JCSER petition to the Israeli Supreme Court on the subject of Arnona reductions based on income, for Jerusalem business owners, has gone unresolved for two years.
Israelis may also apply for Arnona tax reductions if they are elderly, unemployed, sick or have large families. When Palestinian Jerusalemites apply for equivalent reductions, they fight an uphill battle. Government policy appears to lend support to its employees’ using every possible bureaucratic means to decline or lower reductions to Palestinians.
Meanwhile, the WJM is required to provide services in return for the taxes it collects from residents. However, the services provided to East Jerusalem’s Palestinian taxpayers bear very little resemblance to those provided to West Jerusalem’s Israeli tax-payers. The gap between the level of infrastructure provided in East and West Jerusalem is unmistakable. East Jerusalem’s sewage system is inadequate. Water networks need replacing. In addition, repairs and maintenance work on street lighting and roads are urgently needed.
Moreover, the WJM uses harsh measures to pursue Palestinians who fail to pay their tax debts. It takes seizure measures against their personal properties and their bank accounts. It also imposes unrealistic interest charges reaching up to hundreds of thousands of shekels.
Three Arnona tax cases that were adopted and defended by the Center are presented below.
1. Ibrahim Jawdat Abed Al-Ghani Al-Basha
Born in 1935, Ibrahim Jawdat Al-Basha is a Palestinian Jerusalemite and a resident of the Old City of Jerusalem. He is retired. He approached the Center on 17 March 2001 in search of a legal solution to his problem with the Jerusalem Municipality. Mr. Basha had received a court order to pay 48,000 shekels [approximately 10,000 U.S. dollars] in Arnona tax debts on a property that does not belong to him.
The Center studied Mr. Basha’s case and sent a memo to the Conciliation Court, requesting the cancellation of the court order.
During the hearing that followed, the Court agreed to revoke all measures taken against Mr. Basha on condition that the Municipality examines the alleged real estate, and give Mr. Basha 30 days beyond the date of examination in which to appeal.
JCSER pursued the case to a successful outcome. The Bailiff’s Office dropped its pursuit of the debt. Mr. Basha’s file was closed on 7 May 2002.
Born in 1950, Samir Amin Jaber, a Palestinian Jerusalemite and a resident of the Old City of Jerusalem, is married and the father of ten children. He is employed by the Islamic Waqf (Muslim Supreme Council).
Mr. Jaber approached the Center for legal assistance. He had been assessed 100,000 shekels [about 21,000 U.S. dollars] in Arnona tax debts on his father’s house, which he had left in 1975. The property had been forcibly occupied by Israeli Jewish settlers. After studying Mr. Jaber’s file, the Center wrote to the Conciliation Court, requesting the revocation of all measures taken against the client, the cancellation of a previous court ruling issued without his knowledge, and the submission of a bill of defense, since he was not informed about the court session and knew nothing about the content of the bill of indictment. Mr. Jaber had been in Jordan between 1975 and 1996, during this time the real estate in question was occupied by Israeli settlers.
Following legal pursuit of the case, which required numerous communications, the Court cancelled its previous ruling. On 10 April 2002, the Court issued a decision in which the debt was reduced to 6,000 shekels – a saving of 94,000 shekels.
3. Najwa Mohammed Issa Al-Shawish
Najwa Shawish, a Palestinian Jerusalemite and a resident of the Wadi Al-Joz neighborhood of Occupied Jerusalem, is married and the mother of four children. She approached the Center on 14 November 2000, seeking legal assistance in regard to 89,000 shekels [almost 19,000 U.S. dollars] in Arnona tax debts.
The Center studied the file and issued a memo to the Conciliation Court in Jerusalem, requesting the cancellation of seizure measures taken against Mrs. Shawish, and the revocation of court rulings issued without her knowledge, including one issued on 11 May 2000, which requested 89,800 shekels in Arnona tax, 1,334 shekels in court fees and 7,500 shekels in attorney’s fees.
After a lengthy pursuit of the case, the Center succeeded in obtaining a court order to reduce the Arnona tax by 62,300 shekels, from 89,800 to 27,500 shekels, to be paid in monthly installments of 1,500 shekels. As Mrs. Shawish was unable to pay this amount, the Center asked that the payment be reduced to 100 shekels a month. A compromise was reached; the monthly figure was set at 250 shekels, with payments to begin as of 15 December 2002. All punitive measures taken against the client were to be revoked.
National Insurance Institute
Because Israel ‘annexed’ Occupied East Jerusalem, it classifies Palestinian Jerusalemites as residents of the Municipality (but as citizens neither of Israel nor the yet undeclared state of Palestine]). As residents, they are required to contribute to Israeli entitlement programs, including health and social welfare services. Fees are routinely deducted from employees’ salaries, toward support of the benefits disbursed by the National Insurance Institute (NII). The NII disburses health insurance allowances toward hospital and medical expenses, benefits for children under the age of 18, and benefits for the elderly (from age 65 for men and age 60 for women). It also provides unemployment, disability, income maintenance, wage substitution, and widowhood allowances.
JCSER has documented a mounting pile of evidence that points to a policy of severe racial discrimination against the Palestinian residents of East Jerusalem on the part of the NII. The Institute appears to make every effort to deny allowances and benefits to Palestinians, via several methods. These include protracted delays in responding to applications, misplacing’ crucial documents submitted by an applicant – or claiming that documents were not submitted at all, and calling into question residency status at every possible opportunity.
The NII’s discriminatory policy begins outside its doors. Palestinian residents of the city have no choice but to stand outside in long queues, waiting to gain entry; no such queues exist at the NII facilities serving Israeli West Side residents, who are seen in a timely fashion. Sometimes, applicants are verbally and even physically abused by the security guards at the entrance, as happened to Rihab Al-Issawi, a lawyer from the Jerusalem Center for Social & Economic Rights. While attempting to enter the NII office on official business in July 2002, she was attacked by a cluster of policemen and security guards after she insisted on her right to enter and meet a client. She required medical treatment as a result.
Underlying the entire situation is Israel’s discriminatory practice of paying substantially superior benefits to its citizens who have served in the Israeli Army, compared to benefits paid to those who have not served. This policy is clearly designed to favor the veteran of military service. (Interestingly, the policy effectively discriminates against Israeli Jews who for religious reasons or reasons of conscience choose not to perform military duty.) The policy’s impact on Palestinians who reside within the pre-1967 borders of Israel, and who hold Israeli citizenship, is discriminatory in practice; although these citizens of Israel could at least theoretically volunteer for army duty and eventually be eligible for the same benefits available to Israeli Jews, they are likely to be rejected for ‘security reasons’. Vis-ŕ-vis Palestinian Jerusalemites, the policy is unquestionably discriminatory, since these ‘residents’ would not be permitted to serve in the Israeli army even if they wanted to do so; they are not Israeli citizens. There is simply no way for them to ‘earn’ eligibility for entitlements comparable to those of former soldiers.
So although Palestinian Jerusalemites are taxed in the same way as Israeli Jerusalemites who may live only a few blocks away, they receive benefits at a lower rate. Yet even while maintaining this blatantly discriminatory policy, the NII puts the burden of proof on Palestinian Jerusalemites to prove their ‘center of life’ [residency] in Jerusalem. This laborious process is not required of West Jerusalem Israeli citizens. [Details concerning the documentation required of Palestinian Jerusalemites can be found in the “Family Reunification and ID Card Confiscation” section of this report.] During the time one’s residency status is under investigation, no benefits are paid. The Institute carries out investigations to ascertain whether the individual claiming an allowance does live in Jerusalem and is therefore eligible to receive benefits. It appears to be NII policy to suspect that virtually every applicant lives outside the municipal boundaries. Therefore, an investigation can stretch across months or even years. In some cases, investigators have refused to make any decision at all, claiming that they have been unable to visit a citizen’s place of residence for ‘security’ reasons’ (though of course Palestinians are required to visit the NII office in person, regardless of their own security concerns). If the result of an investigation is not in favor of the NII, and indicates that it must provide entitlements, it is not uncommon for the NII to then work closely with the Interior Ministry to continue efforts to refuse Jerusalem residency.
One of the most serious situations affecting Palestinian Jerusalemites is NII’s termination of health insurance without notice, on the grounds that a resident is suspected of not living within the municipal boundaries. Patients whose health insurance is discontinued are no longer entitled to medical care. Once the situation is discovered – which may be only when a patient presents himself or herself for medical care – the result can be considerable emotional strain (at the very least). The sudden denial of health insurance may well result in totally unexpected medical bills.
The NII makes every effort to deny Palestinian Jerusalemites’ right to other social entitlements, too. For example, it may pay child benefits for one or two of a family’s children, while denying the same benefits to others in the same family, under various pretexts. The situation must then be challenged in a complex bureaucratic procedure, again creating considerable stress for the residents in question.
The following cases are representative examples of Palestinian Jerusalemites’ experiences in the area of social entitlements.
1. Bassam Naser Sharif
Bassam Sharif, a Palestinian Jerusalemite and a long-time resident of the Wadi Al-Joz of Occupied Jerusalem, is married and the father of five children. The National Insurance Institute discontinued the Sharifs’ health insurance, claiming that they live outside the Jerusalem’s municipal boundaries. In addition, child benefits were discontinued, despite the fact that the family had submitted the necessary supporting information to the Institute. `
Mr. Sharif approached JCSER on 30 May 2000 for legal assistance. The Center studied the file and found no legal justification for the NII to deny the family’s entitlements. It sent a memo to the NII, requesting the restoration of the family’s health insurance and the disbursement of child benefits. In the memo, the Center threatened to take the matter to the courts if the Institute did not respond.
Only after JCSER’s relentless pursuit of the case did the NII recognize its obligation, reinstating the family’s health insurance and disbursing child benefits retroactively.
2. Sulaiman Mustafa Mohammed Natshe
Born in 1950, Sulaiman Natshe, a Palestinian Jerusalemite who lives in the Wadi Al-Joz of Occupied Jerusalem, is married and the father of eight children. On 19 July 2000, the NII discontinued the family’s entitlements of child benefits and health insurance, claiming that the family lives outside Jerusalem’s municipal boundaries, and requiring the family to provide documentation if it wished to prove otherwise.
Mr. Natshe approached the Center on 5 November 2000 for legal assistance. The Center studied the file and sent a memo to the NII requesting the restoration of the family’s entitlements of child benefits and health insurance. The NII replied that the file was under discussion. The Center was, therefore, forced to refer the case to the District Labor Court to ensure the restoration of the family’s rights.
By continually following-up on the case, the Center succeeded in obtaining the NII’s approval – nearly a full year later, on 20 December 2001. The family’s entitlements of child benefits and health insurance were reinstated retroactively to 1 December 2000.
3. Alia Mohammed Abed Al-Karim Sider
Alia Sider, a Palestinian Jerusalemite, is married and the mother of four children under the age of 19. After living in Jordan for a time, she returned to live in Jerusalem with her family.
Mrs. Sider approached the Center on 28 March 2001 after the NII discontinued the family’s entitlements of child benefits and health insurance, claiming that the family lives outside Jerusalem. This decision was made in spite of the fact that Mrs. Sider had submitted all of the documents the NII requires, in order to prove that she resides in Jerusalem.
After studying the file, the Center succeeded in obtaining the NII’s approval to reinstate the family’s entitlements of child benefits and health insurance.
4. Mamdouh Hmeidan Abed Shqeirat
Born in 1984, Mamdouh Abed Shqeirat is a Palestinian Jerusalemite and a resident of the Jabal Al-Mukabber neighborhood of Occupied Jerusalem. He is deaf and dumb and studies in a special school. He received a disability allowance from the NII until his father died in 1996. The entitlement was then discontinued.
Mamdouh’s mother approached the Center on 30 November 2000 for legal assistance. The Center studied the file and sent a number of memos to the NII, requesting the reinstatement of Mr. Shqeirat’s disability allowance.
When the NII did not respond, the Center was forced to pursue the matter in the District Labor Court. In court, the NII argued that because Mamdouh’s mother did not carry a Jerusalem ID card, he was no longer eligible for a disability allowance. The NII agreed to disburse his disability allowance only after Mamdouh underwent a medical examination to determine the disability percentage relevant to his medical condition. On I April 2002, a court decision was issued, requiring the NII to restore the disability allowance, retroactive to 1998, according to the percentage determined by the medical committee.
Multiple Problems
Israeli government institutions make every effort to place bureaucratic obstacles and legal difficulties in the face of Palestinian Jerusalemites, in what seems to be a concerted policy that serves Israel’s long-range objectives in the city. It is quite common for a Palestinian Jerusalemite to experience more than one problem at a time, as the various institutions’ policies and practices are interrelated. For instance, a woman may have her Jerusalem residency ID card confiscated and simultaneously discover that her national and/or health insurance entitlements have also been discontinued - under the same pretext (that she now lives outside the municipal boundaries of Jerusalem). Or a home-owner may have had seizure measures taken against his personal property and bank account, for failure to pay Arnona (municipal property) tax, at the same time as being prevented from registering his children on his ID card (a case of one Israeli agency being at odds with another; on one hand, the man is identified as a Jerusalem resident who is expected to pay taxes, while on the other he is being denied his rights as a resident). Or a husband may find that he has been unjustly charged Arnona taxes on a Jerusalem property - at the same time as being prevented from living with his West-Bank-born wife in that property! Such multiple problems often cause Palestinian Jerusalemites to approach JCSER for legal assistance.
The following are three samples of multiple problems – simultaneous cases affecting an individual – that were defended and pursed by the Center during 2002.
1. Ahlam Radi Jubran
Ahlam Jubran, a Palestinian Jerusalemite and a resident of Shu’fat refugee camp, is married and the mother of two children. She approached the Center on 10 February 2000 seeking a legal solution to her problems with the Israeli Interior Ministry and the National Insurance Institute.
The Center studied Ms. Jubran’s file and sent a number of memos to the NII requesting its reinstatement of the family’s entitlements of child benefits and delivery allowances. After detailed and persistent legal follow-up, the Center obtained the NII’s agreement to pay the family’s child benefits, retroactive to 1 July 1999, and to disburse delivery allowances once the Interior Ministry agreed to register her children on her ID card.
The latter was a case of family reunification. In order to address this problem, the Center sent memos to the Interior Ministry requesting its approval and threatening to resort to the Israeli Supreme Court if necessary. The Ministry, as is typical, requested more documents, including copies of the family’s lease contract, as further evidence of the family’s ‘center of life’ in Jerusalem. On 26 August 2001, the Center sent a final memo, requesting approval within 10 days; otherwise, it would take the case to the Israeli Supreme Court.
The application was turned down. The Center was forced to submit a petition to the Supreme Court. A preventive court order was issued, in order to prevent Mrs. Jubran’s husband from being deported pending a further decision.
In the petition, the Center was able to show that contradictory information indicated that the Ministry should retract its previous decision. The court agreed, and the family reunification was approved. Ms. Jubran husband’s, Mohammed Shihadeh, was registered in the Jerusalem population registry.
2. Jorgeit Anis Abdullah
Jorgeit Abdullah, a Palestinian Jerusalemite and a resident of the Old City of Jerusalem, is married and the mother of four children. She applied for family reunification, i.e., a Jerusalem residency permit for her husband. The application was rejected although all necessary documents had been attached, as required to prove the family’s place of residency. But approval was denied, under the pretext that the family was living outside the municipal boundaries of Jerusalem. The Ministry also refused to register the Abdullah children on her Jerusalem ID card.
The National Insurance Institute refused to disburse Mrs. Abdullah’s entitlements of child benefits, forcing her to approach the Center for legal assistance. The Center studied Mrs. Abdullah’s file and sent memos to the NII and Interior Ministry. It submitted a legal case to the District Labor Court, challenging the NII investigation results. Following a number of court sessions, the Center was able to obtain a court order on 15 March 2000, requiring the NII to disburse the family’s entitlements of child benefits, retroactively, for the previous three years.
With regard to the registration of children, as the Interior Ministry continued to delay, the Center was forced to submit a petition to the Israeli Supreme Court on 5 August 2002. On 22 October 2002, the Interior Ministry agreed to register the children - before the Supreme Court decision was issued.
As for the family reunification of the couple as husband and wife, the Ministry turned down the application for ‘security reasons’. This type of decision creates one of the most painful and unjust situations faced by Palestinian families. Entire families are broken apart, causing tremendous anguish.
3. Widad Issa Masu
Widad Masu is a Palestinian Jerusalemite and a resident of Beit Hanina, north of Jerusalem. She approached the Center on 14 September 2002 to find a legal solution to her problem with the Israeli Interior Ministry, which confiscated her Jerusalem ID card under the pretext that she resides outside Jerusalem.
The Center studied Mrs. Masu’s file and sent a memo to the Interior Ministry on 15 Sept. 2002, requesting the renewal of Mrs. Masu’s ID card, attaching all necessary documents and papers to prove her ‘center of life’ in Jerusalem. On 14 October 2002, the Center obtained the Ministry’s official approval to renew Mrs. Masu’s ID card.
Another decision was obtained from the NII on 15 Aug. 2002, agreeing to disburse Mrs. Masu’s entitlements of elderly allowance, retroactive to July 2002.
Miscellaneous Cases
Despite the heavy workload faced by the Center in handling cases related to issues of residency and housing, entitlements, and taxation, it also takes on numerous cases, which do not fall into these categories. Because of JCSER’s strong belief in protecting human rights, it agrees to defend such miscellaneous cases. The Center makes every effort to provide legal assistance to any Palestinian resident who is suffering from Israel’s policies and practices, or from the current economic situation.
We present below four examples of ‘miscellaneous cases’, which were submitted to and defended by the Center, with outcomes culminating during 2002.
1. Salah Eddin Ahmad Abu Qatish
Born in 1949, Salah Abu Qatish, a Palestinian Jerusalemite who lives in the Old City, is married and the father of four children. He is employed by the Jerusalem District Electricity Company. In 1969, Mr. Qatish was arrested by the Israeli occupation forces and imprisoned for seven years for ‘security’ reasons. In 1988, he spent six months in administrative detention. He was a member of the executive committee of the labor union in the Palestinian self-rule areas and East Jerusalem. Since 1997, he has been forbidden from traveling; the Israeli authorities claim that he poses a ‘security danger’.
Mr. Qatish approached the Center seeking legal assistance. The Center studied the file and sent a number of memos to the Israeli Interior Ministry, requesting it to lift the travel restriction imposed on Mr. Qatish.
As the Center’s correspondence with the Interior Ministry yielded no results, it was forced to resort to the Israeli Supreme Court. The Supreme Court ordered the Ministry to reply within 30 days.
The Center was subsequently able to obtain a court decision from the Supreme Court, lifting the travel ban. In February 2002, Mr. Qatish was able to travel to Jordan, after being informed by family members there that his sister was seriously ill. The journey was not without further obstacles; initially, officials of the Interior Ministry’s office at the Allenby Bridge border crossing tried to prevent Mr. Qatish from exiting, despite the legal approval that had been obtained. He was able to cross the border only after JCSER’s legal intervention.
This case is representative of many such cases in which Palestinians are prevented from traveling
2. Mohammed Ahed Ayman Obeid
Mohammed Obeid is a Palestinian resident of the Al-Issawiyya neighborhood in northeast Occupied Jerusalem. He is employed by an Israeli company. Mr. Obeid approached the Center on 1 September 2001 seeking legal assistance. He had been stopped by the Israeli soldiers near the Jerusalem-Jericho military checkpoint. The soldiers confiscated his Jerusalem ID card. Mr. Obeid was told to go to the police station in Ma’ale Adumim (an Israeli settlement in the Occupied West Bank) in order to have his ID card restored to him.
The Center studied the file and sent a memo to the police station, requesting the restoration of Mr. Obeid’s ID card. The Center was eventually able to have the card restored. The outcome of this case – which seems to demonstrate that there was no legal reason for the seizure of the card in the first place – is indicative of the true nature of such incidents. They are part of a consistent pattern: an Israeli policy of undue harassment. Extreme psychological pressure is put on Palestinian Jerusalemites – simply because they are Palestinian.
2002 Press Releases (Selected)
During 2002, the Jerusalem Center for Social and Economic Rights (JCSER) issued 180 press releases aimed at alerting the widest possible readership to the situation of Jerusalem’s Palestinian residents and the Center’s efforts to assist them as they strive to retain their rights while living under the Israeli Occupation. A sample of the Center’s press releases, selected to represent the breadth of events covered, follows below.
Jerusalem 14 January 2002 - Nine Houses Demolished in the Palestinian Neighborhood of Al-Issawiyya
Early Monday morning, 14 January, nine houses were demolished in the outskirts of the Palestinian neighborhood of Al-Issawiyya in East Jerusalem. There were an estimated 250 soldiers and police officers on the scene. About 20 demolition orders had been issued. According to Israeli police who were present, people received notifications 48 hours in advance. However, several families said they did not receive any notification at all; others said that orders were posted on their walls only yesterday.
One owner, Mr. Husam Khaled, told JCSER’s field researcher he did not receive any order. He and his family were startled by the arrival of bulldozers between seven and eight o’clock in the morning. The building in question consisted of two stories and was intended for his children’s use. Land and construction costs thus far totaled US$ 65,000. This was the second time the Israeli authorities had destroyed a building on the site. Mr. Husam Khaled applied for a building permit in 1996, but to date has not been granted one.
Following the demolition, a number of citizens whose houses were demolished came to JCSER. Among them was Basem Mousa I’llayan, who held an Israeli court order preventing the demolition of his house. He was fined by the Jerusalem Municipality for building the house without a license, and began paying the fine ten months ago. As a result, he had obtained a decision that prevents the demolition of his house; he had been given until 1 October 2002 to obtain a building permit. Despite the existence of the court order protecting his home, the Israeli bulldozers demolished it.
Another victim of Israel’s unconscionable bureaucratic system is JCSER’s client Fayez Natsheh. He received a demolition order from the Jerusalem Municipality. The Center’s lawyer went to the Municipality this morning and was referred to the Conciliation Court. The Conciliation Court referred him back to the Municipality. In the meantime, the house was being demolished.
On 19 November 2001, Israeli Prime Minister Ariel Sharon announced his government’s intention to destroy unlicensed houses in East Jerusalem. JCSER condemns the policy of house demolition and the displacement of its inhabitants as:
The basis for the demolition policy is political, not legal. Jerusalem city officials have acknowledged that the government is deliberately trying to limit Palestinian population growth in Jerusalem by not granting building permits to Palestinians;
The Jerusalem Municipality is practicing a policy of Apartheid against Palestinian Jerusalemites by investing very little of its budget in Palestinian neighborhoods while investing large amounts in developing Israeli settlements;
The Jerusalem Municipality is violating article 53 of the Fourth Geneva Convention, which prohibits the destruction of property, and the right to housing as stated in article 11 of the International Covenant on Economic, Social and Cultural rights.
JCSER will take legal action against the Israeli legal system and the Jerusalem Municipality following today’s events.
Jerusalem 21 January 2002- JCSER Calls for the Immediate Release of Detainee Ahmad Hijazi
For the eighth consecutive time, the Israeli military court in Beit El has extended the detainment of Ahmad Hijazi, a Palestinian detainee. He is currently due to be held until 6 February 2002. Ahmad Hijazi, 15, was accused of throwing stones at border guards. Hijazi is a resident of the Abu Dis neighborhood of Occupied Jerusalem. He was arrested on 1 October 2001 while on his way home from school and is currently held in Telmond prison near Netanya.
According to eyewitnesses, the detainee was severely beaten by the border guards. He was placed in solitary confinement under extremely poor conditions for a period of 50-55 days. His family and relatives were prevented from visiting him. He suffered a nervous breakdown and his overall health deteriorated. He has experienced difficulty breathing, arteriosclerosis and spasm, after being exposed to physical and psychological torture. He was taken to another section for medical treatment, where the nurse in charge admitted that he suffers from breathing difficulties and cramp on a daily basis.
JCSER’s lawyer, Husam Younis, called on the Court to immediately release the youth due to his physical and mental condition. He has already been held for nearly four months. The crime of which he is accused: throwing stones. The case is another example of Israel’s aggressive and inhumane policy against Palestinian children.
JCSER warns of the deteriorating health condition of Ahmad Hijazi and calls on human rights organizations to intervene immediately to obtain his release. It also calls for the immediate release of all Palestinian children held in Israeli prisons.
Jerusalem 4 February 2002 - JCSER Obtains Court Order to Stop House Demolition
JCSER has been able to obtain a court order from the Jerusalem Municipal Court preventing the demolition of Samih Hamad Mustafa Al-Barawi's house in Dahiet As-Salam near Anata. Earlier, the Center had obtained a court order to postpone demolition for three weeks.
The head of the Organization & Building Committee in Jerusalem told JCSER's lawyer why it has had been reversed. The Committee had realized that it had issued a demolition order to Mr. Al-Barawi by mistake; the house marked for demolition was not his. This is not the first time the Municipality has made a potentially tragic mistake concerning house demolition orders. Last month, a house was demolished although the owner was in possession of a court order preventing demolition.
Jerusalem 7 February 2002 - More Palestinian Institutions Closed in East Jerusalem
Yesterday evening the Israeli authorities closed down the offices of two non-governmental organizations representing Palestinian civil society in East Jerusalem: the Land Research Center and the Multi-sectoral Office, which are part of the Arab Studies Society and are financed by European funds.
In addition, the closure of nine other Palestinian institutions, including Orient House, has been extended. These institutions were initially closed on August 12, 2001, for a period of six months. This initial period was due to end in the coming week.
JCSER strongly condemns the closure of these East Jerusalem institutions. Most are civil society organizations, which provide services to Palestinian Jerusalemites. The closure is a purely political move, designed to strengthen Israeli control over East Jerusalem, which it has illegally occupied since 1967.
Jerusalem 9 February 2002 - Report on the Death of 14-Year-Old Samer Ziad Abu Mayaleh
Friday 8 February 2002, the Israeli police killed 14-year-old Samer Ziad Abu Mayaleh, injured Ahmad Abed Al-Rahman Shweiki, and arrested Muhannad Jwehan and Amjad Abu Rmeilah, from the At-Thori neighborhood of East Jerusalem. According to eyewitnesses, Israeli forces opened fire on Samer and Ahmad in the neighborhood of Jabal Al-Mukabber, and arrested Amjad from his house three hours later. The incidents took place in the wake of the stabbing of a Jewish woman in a nearby park.
Eyewitness Nidal Abu Sal’oum said that he heard soldiers following children in the area. ‘I saw Israeli police and soldiers running after three children. They were asking the children to stop, but they continued to run away. One was able to run away, while the others were shot at by the Israeli soldiers. One [Ahmad Shweiki] was injured in his arm and a second one was shot but continued to run away. He was shot another time, which prevented him from running. He fell on the ground. The Israeli soldiers asked him to stop. He raised his hand, but he could not stand. I heard him saying that I cannot. But one of the soldiers went to him and raised his hand,’ he said.
Samer Abu Mayaleh was left on the ground for an hour. ‘I saw blood on his back. But the Israeli soldiers surrounded him in such a way that we could not see him well. We heard shooting. The soldiers began to disperse, while and the boy was left lying naked on the ground. One of the soldiers raised his leg and let it fall. I concluded that the boy was dead. I saw four soldiers dragging the body. The other injured boy was taken into a military jeep,’ Abu Sal’oum told JCSER’s field researcher.
Another eyewitness, Abed, 14 years old, saw Samer and Ahmad going to the mountain to play. ‘They were carrying a football and told me that they were going to play as always. They go to play and grill potatoes in the hills.’
Samer’s mother said, ‘Samer asked me for 20 shekels to go with his friends to the mountain as usual. Every Friday he goes there with his friends to play.’
In reply to Israeli claims that Samer died of a heart attack, Samer’s mother said, ‘Samer enjoyed very good health. Israel’s claims that Samer died of a heart attack are an attempt to hide the truth of the events perpetrated by the Israeli soldiers against my son and his friends.’ As for the stabbing of a Jewish woman, she said, ‘Can children at the age of 14 stab a woman? Even if that had been proven, it would not justify the crime committed by the Israeli police.’
Samer’s father said, ‘The Israeli soldiers came to our house yesterday and took me with my brother to the police station. I heard that something happened to my son. I heard my brother shouting and cursing the Israeli policy. I took my brother outside and he told me about the death of my son.’
‘Ahmad and Samer attended the same school. They used to go to the park regularly. What Israel claims is completely baseless. Today’s incident had nothing to do with our children’, said Ahmad’s father, Salah Abed Al-Rahman Shweiki.
On the following day, Ahmad’s father headed for the office of JCSER to seek help in obtaining permission to see his injured son. Israeli policy had been to prevent the family from seeing Ahmad in the hospital. He wondered ‘How could children of 14 years of age carry knives as Israel claims? They went to the mountain with a football and food to eat.’
Amjad Abu Remeilah was arrested from his house in At-Thori neighborhood three hours after the incident. However, according to neighbors, Amjad had not been with the other three children at the time of the incident. He had been playing in the St. George’s School playground. ‘I was playing with Amjad in the playground. We were in the playground and Amjad scored a goal, ‘ said his friend. ‘When we returned home, the Israeli forces were standing in front of the house.’
Jerusalem 13 February 2002 - Release of Child Detainee Ahmad Hijazi
After four-and-a-half months in detention, Ahmad Hijazi, a 15-year-old Palestinian Jerusalemite, was released from jail on 12 February 2002. He was arrested on 1 October 2001 after being accused of throwing stones at a military jeep. Since his imprisonment, Ahmad Hijazi has been seriously ill, suffering from asthma, and has been in urgent need of medical treatment.
On 7 February 2002, the Military Court in Beit El issued its decision to release the youth on bail of 1,000 shekels, on the condition that he attend the court session scheduled to take place on 11 March 2002. Ahmad Hijazi’s parents paid the bail. However, Ahmad was not released; the Israeli attorney general appealed the court decision, under the pretext that the 15-year-old is ‘a security threat to the State of Israel’. The boy was taken back to prison.
Almost immediately upon his re-imprisonment, Ahmad Hijazi was stabbed with a sharp tool wielded by a Jewish prisoner. The boy suffered injuries in his neck and right hand. The Center asked the Military Court to hold an emergency session due to the critical condition of its client. A court session was held on 12 February, during which the Court decided to release the boy but not without further punishment; a 5,000-shekel [more than US$1,000] fine was levied against Hijazi. The boy was transferred to Al-Maqassed Hospital for medical treatment.
*NOTE: On 16 February 2002, JCSER issued a detailed press release, calling for the protection of Palestinian children held in Israeli Jails
Jerusalem 5 March 2002 - Terror Attack on Palestinian School in East Jerusalem
This morning at 7.30 a.m, a bomb was discovered in a Palestinian schoolyard in the neighborhood of Sur Baher in East Jerusalem. Sur Baher
