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UNITED
NATIONS
A

        General Assembly
Distr.
GENERAL
A/35/425
6 October 1980

Original: ENGLISH

Thirty-fifth session
Agenda item 57




REPORT OF THE SPECIAL COMMITTEE TO INVESTIGATE ISRAELI
PRACTICES AFFECTING THE HUMAN RIGHTS OF THE POPULATION
OF THE OCCUPIED TERRITORIES

Note by the Secretary-General


The Secretary-General has the honor to transmit to the members of the General Assembly the attached report, which was submitted to him, in accordance with Assembly resolution 34/90 A, paragraphs 9 and 10, of 12 December 1979, by the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories.
CONTENTS
Paragraph
Page
LETTER OF TRANSMITTAL
4
I.
II.
III.
IV.
Introduction
Organization of Work
Mandate
Analysis of Evidence
1 - 6
7 - 16
17 - 21
22 - 288
6
8
11
13
A.Information on the policy of the annexation and settlement of the occupied territories followed by the Government of Israel
29 - 113
14
1.Existence of the policy
29 - 54
14
(a)
(b)
Statements by members of the Government and official Government sources
Official plans and projects
29 - 35
36 - 54
14
15
2.Implementation of the policy
55 - 113
20
(a)
(b)
(c)
(d)
(e)
Expropriation
Purchase
Other means
Budgetary allocation
Expansion and construction
55 - 77
78 - 84
85 - 91
92 - 97
98 - 113
20
23
24
25
26
B.Information on the policy followed by the Government of Israel with regard to the inhabitants of the occupied territories
114 - 222
29
1.
2.
Treatment of civilians
Reprisals
114 - 145
146 - 190
29
35
(a)
(b)
(c)
(d)
(e)
Demolition, destruction, sealing off and closing of houses and shops
Eviction
Expulsions
Curfews
Measures affecting educational institutions
149 - 159
160
161 - 163
164 - 171
172 - 190
35
37
37
38
39
3.Activities of Israeli settlers
191 - 222
42
C.
D.
Information on the situation of detainees in the occupied territories
Information on the consequences of the recourse to judicial remedies on the human rights of the population of the occupied territories
223 - 259
260 - 288
46
55
1.
2.
3.
4.
Recourse against expropriation and seizure of Arab land
Recourse against demolition and sealing up of houses
Recourse against expulsion
Recourse against ill treatment and inhuman prison conditions
260 - 275
276
277 - 281
282 - 288
55
58
58
59
E.Tables showing incidents, arrests, trials and releases occurring during the period covered by the report
61
V.
VI.
Conclusions
Adoption of the report
289 - 304
305
80
87
ANNEXES
I.Map showing Israeli settlements established, planned or under construction in the territories occupied in June 1967
II.Map: West Bank, areas of expropriation
LETTER OF TRANSMITTAL

26 July 1980

Sir,

The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories has the honor to transmit to you the attached report, its twelfth, formulated in accordance with the terms of the relevant General Assembly resolutions concerning the Special Committee and, in particular, resolution 2443 (XXIII) of 19 December 1968, by which the Special Committee was established, and resolution 34/90 A of 12 December 1979 by which the General Assembly last renewed its mandate.

This report covers the period from 9 November 1979, the date of the adoption of the Special Committee's last report, to 26 July 1980. The Special Committee, at its first series of meetings after the adoption of General Assembly resolution 34/90 A, held at Geneva from 21 to 25 January 1980, decided, in accordance with the decision 34/401 of the General Assembly, to adopt its report in time for it to be available by 1 September 1980. In order to do so, the Special Committee has had to forego coverage of the situation in the occupied territories during much of July, August and September. The Special Committee decided, however, that, should the situation so warrant, it would adopt a supplement to this report, thus ensuring that the Assembly would have before it the most up-to-date information on the situation in the occupied territories.

The report contains a representative cross-section of information received by the Special Committee and an assessment on this information in the context of the applicable international law. As has been the case in the past, the Special Committee has obtained this information in the absence of the co-operation of the Government of Israel. During the period covered by this report, the Special Committee has made a particular effort to secure the co-operation of the Government of Israel; the relevant correspondence is reproduced in section II of this report. In spite of the efforts of the Special Committee, the Government of Israel has not changed its position with regard to the Special Committee. The Special Committee continued to follow closely the situation of the population in the occupied territories through a variety of sources including oral and written testimonies of persons having first-hand knowledge and experience of the human rights situation in the occupied territories. The Special Committee heard the testimony of Mr. Mohammed Bseiso, a former detainee who was released on 21 February 1980; his testimony provided the Special Committee with much information on detention conditions and is reflected in the appropriate section of this report. In addition, the Special Committee heard the testimony of Mr. Fahed Kawasme, Mayor of Hebron, Mr. Mohammed Milhem, Mayor of Halhul and Sheikh Rajab Al-Tamimi, Kadi of Hebron. These three persons had been expelled by the Israeli authorities on 2 May 1980. The Special Committee also heard two persons from the occupied territories in closed meetings. In June 1980 after consultation with my colleagues on the Special Committee, I visited Amman to interview Mr. Bassam Shaqa'a, Mayor of Nablus, where he was receiving treatment subsequent to the attempt on his life on 2 June 1980 which resulted in the loss of both his legs. My colleagues and myself, after duly examining the records of testimony of these persons, felt compelled to request you that these records of testimony be put before the General Assembly and that they be considered as part of the report; we feel that this testimony is best examined on its own merits, as it speaks for itself.

In this report, we urge action by the international community in the hope that this situation will no longer constitute the threat to international peace ,hat it does at present. At the very moment that the Special Committee is adopting this report, events are taking place in the occupied territories, such as the decision by the Government of Israel regarding Jerusalem, that warrant the urgent attention and concern of all of us and especially meaningful action by the international community to put a halt to this threat. We sincerely hope that the international community this time will heed this appeal.

Please accept, Sir, on behalf of my colleagues and on my own behalf, the assurances of my highest consideration.

(Signed) Borut BOHTE
Chairman of the Special
Committee to Investigate Israeli
Practices Affecting the Human Rights
of the Population of the Occupied Territories


His Excellency
Mr. Kurt Waldheim
Secretary-General of the United Nations
New York


I. INTRODUCTION

1. The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories was established by the General Assembly in resolution 2443 (XXIII) of 19 December 1968. By that resolution, the General Assembly decided to establish the Special Committee, composed of three Member States; requested the President of the Assembly to appoint the members of the Special Committee; requested the Government of Israel to receive the Special Committee, to co-operate with it and to facilitate its work; requested the Special Committee to report to the Secretary-General as soon as possible and whenever the need arose thereafter; and requested the Secretary-General to provide the Special Committee with all the necessary facilities for the performance of its task.

2. The following Member States were appointed on 12 September 1969 to serve on the Special Committee: Somalia, Sri Lanka and Yugoslavia. The Government of Sri Lanka appointed Mr. H. S. Amerasinghe, Permanent Representative to the United Nations, as its representative on the Special Committee. The Government 6 of Yugoslavia appointed Mr. Borut Bohte, Professor of the Faculty of Law of Ljubljana University and Member of the Federal Assembly of Yugoslavia, as its representative on the Special Committee. The Government of Somalia appointed Mr. A. A. Farah, and subsequently Mr. H. Nur-Elmi, Permanent Representative to the United Nations, as its representative on the Special Committee. On 26 April. 1974, the President of the General Assembly, at its twenty-eighth session, informed the Secretary-General that Somalia had decided to withdraw from the Special Committee and that, in conformity with paragraph 2 of General Assembly resolution 2443 (XXIII), he had appointed Senegal a member of the Special Committee. On 30 April 1974, the Permanent Representative of Senegal to the United Nations informed the Secretary-General that his Government had appointed Mr. Keba Mbaye, Chief Justice of Senegal (Premier President de la Cour supreme du Senegal), as its representative on the Special Committee. On 21 September 1976, the Permanent Representative of Sri Lanka to the United Nations informed the Secretary-General that Mr. H. S. Amerasinghe had resigned from the Special Committee upon his election as President of the General Assembly at its thirty- first session. On 18 February 1977, the Government of Sri Lanka informed the Secretary-General that Mr. V. L. B. Mendis, Sri Lanka High Commissioner to the United Kingdom of Great Britain and Northern Ireland, would serve on the Special Committee at the meetings at Geneva from 22 February to 1 March 1977.

3. On 26 April 1977, the Government of Sri Lanka informed the Secretary-General that it had appointed Mr. I. B. Fonseka, Deputy Permanent Representative of Sri Lanka to the United Nations, as its representative on the Special Committee. On 8 July 1977, the Government of Senegal informed the Special Committee that Mr. Keba Mbaye had resigned from the Special Committee and nominated in his stead Mr. Ousmane Goundiam, Procureur general pres la Cour supreme, as its representative on the Special Committee. On 20 July 1978, the Government of Sri Lanka informed the Secretary-General that it had appointed Mr. B. J. Fernando, Permanent Representative of Sri Lanka to the United Nations, as its representative on the Special Committee. By a note verbal dated 11 September 1979, the Government of Sri Lanka designated Mr. D. R. Perera to attend the meetings of the Special Committee from 10 to 21 September 1979.

4. By a note verbal dated 23 April 1980, the Government of Sri Lanka designated Mr. Nadarajah Balasubramaniam, Ambassador and Charge d'Affaires a.i. of the Permanent Mission of Sri Lanka to the United Nations, to represent Sri Lanka at the meetings of the Special Committee from 19 to 30 May 1980. Mr. Balasubramaniam was named representative of Sri Lanka on the Special Committee by a note verbal dated 14 July 1980. At the meetings held from 21 to 25 July 1980, Sri Lanka was represented by Mr. K. K. Breckenridge, named by a note verbal dated 18 July 1980.

5. Since October 1970, the Special Committee has submitted 11 reports. 1/ These reports were discussed in the Special Political Committee, which then reported to the General Assembly. 2/ On the recommendation of the Special Political Committee, the General Assembly adopted resolutions 2727 (XXV) of 15 December 1970, 2851 (XXIVI) of 20 December 1971, 3005 (XXVII) of 15 December 1972, 3092 A and B (XXVIII) of 7 December 1973, 3240 A to C (XXIX) of 29 November 1974, 3525 A to D (XXX) of 15 December 1975, 31/106 A to D of 16 December 1976, 32/91 A to C of 13 December 1977, 33/113 A to C of 18 December 1978 and 34/90 A to C of 12 December 1979.

6. The present report has been prepared in accordance with General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV), 2851 (XXVI), 3005 (XXVII), 3092 B (XXVIII), 3240 A and C (XXIX), 3525 A and C (XXX), 31/106 C and D, 32/91 B and C, 33/113 C and 34/90 A to C.


II. ORGANIZATION OF WORK

7. The Special Committee continued its work under the rules of procedure contained in its first report to the Secretary-General. 3/ Mr. Borut Bohte (Yugoslavia) continued to serve as Chairman.

8. The Special Committee met periodically during 1930. Its first series of meetings took place from 21 to 25 January 1990 at Geneva. At these meetings the Committee reviewed its mandate consequent upon the adoption by the General Assembly of resolution 34/90 A and decided on the organization of its work for the year. It reconfirmed its decision to continue its system of monitoring information on the occupied territories and decided to hold periodic meetings to analyze policies and practices in the occupied territories. The Committee decided, with reference to paragraph 10 of Assembly resolution 34/90 A, to continue to pay special attention to information on treatment of civilians in detention and, for that purpose, to maintain its system of compilation of individual case histories. The Committee reviewed information on the occupied territories which had become available since 9 November 1979, the date of the adoption of its last report (A/34/631), and examined communications containing such information received since its last series of meetings. The Committee decided to address itself to the Governments concerned and to persons in the occupied territories whose experience and knowledge of certain facts were considered relevant to its mandate. It also decided that its invitation to the Mayors of Nablus, Hebron, Jericho and Ramallah should be kept open. It decided to continue to pay special attention to information on expropriation of property and on the effectiveness of judicial remedies which might be available to civilians in the occupied territories. In the context of its examination of information on treatment of civilians in detention, the Committee examined further information on a number of individual cases and reports concerning conditions in a number of prisons. The Special Committee took note of General Assembly decision 34/401 and decided, in compliance with paragraph 24 of that decision, to adopt its report by 31 July 1980 and to issue, if necessary, a supplement to that report should subsequent circumstances warrant it.

9. On 24 January 1980, letters were sent to the Governments of Jordan and the Syrian Arab Republic and to the Palestine Liberation Organization referring to General Assembly resolution 34/90 A and requesting information relative to the mandate of the Special Committee. On 25 January 1980, a letter was sent to the International Committee of the Red Cross, also referring to resolution 34/90 A. A number of reports were received from the Governments and from the Palestine Liberation Organization transmitting information on the situation in the occupied territories.

10. On 19 February 1980 a letter was sent to the Secretary-General referring to resolution 34/90 A and stating:

11. By a letter dated 30 May 1980, the Director of the Division of Human Rights, On behalf of the Secretary-General, informed the Chairman of the Special Committee that the Israeli authorities had informed him that the position of the Government of Israel remained unchanged.

12. The Special Committee examined this reply at its meetings from 19 to 30 May 1990, decided that a further effort should be made to secure the co-operation of the Government of Israel and requested the Director of the Division of Human Rights to communicate this to the Israeli authorities. On 5 June 1980, the Director of the Division of Human Rights wrote to the Permanent Representative of Israel to the United, Nations at Geneva, as follows:

13. The Permanent Representative of Israel, by a letter dated 1 July 1980, replied as follows:

14. The Special Committee held a second series of meetings at the United Nations Office at Geneva from 19 to 30 May 1980. At these meetings the Committee examined information that had become available since its February meetings and a number of communications received from Governments and private sources. It examined information on ill-treatment of detainees. It also heard the testimony of the following persons: Mr. Mohammed Mehdi Bseiso, on whom the Special Committee had received information in connection with Prison conditions of Arab detainees from the occupied territories (Mr. Bseiso was released on 21 February 1980); Mr. Fahed Kawasme, Mayor of Hebron, Mr. Mohammed Milhem, Mayor of Halhul and Sheikh Rajab Al-Tamimi, Kadi of Hebron, who had been expelled on 3 May 1980 and whom the Special Committee considered to be in possession of information relevant to its mandate. Mr. Kawasme had been invited together with Mr. Bassam Shaqa'a, Mayor of Nablus, to appear before it consequent to a decision taken at its previous series of meetings. By cable dated 8 May 1980 Mr. Shaqa'a informed the Special Committee that he was unable to appear before it because he was prohibited from leaving Nablus by order of the military authorities. In addition, the Special Committee heard the testimony of two Persons in closed meetings who expressed the wish to remain anonymous.

15. On 18 June 1980, the Chairman of the Special Committee, being informed of the presence of Mr. Shaqa'a outside the occupied territories, in Amman, Jordan, and after consultations with the other members of the Special Committee, decided to proceed to Amman to hear the testimony of Mr. Shaqa'a and to report thereon to the Special Committee at its next series of meetings.

16. The Special Committee held a third series of meetings from 21 to 25 July 1980 at Geneva. At these meetings, the Special Committee examined information received since its previous series of meetings. The Special Committee heard the report of the Chairman on his visit to Amman in connection with the hearing of Mr. Bassam Shaqa'a. It considered and adopted its report to the Secretary-General.

III. MANDATE

17. The General Assembly, in its resolution 2443 (XXIII) entitled "Respect for and implementation of human rights in occupied territories", decided to establish a Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories, composed of three Member States.

18. The mandate of the Special Committee, as set out in the above resolution, was to "investigate Israeli practices affecting the human rights of the population of the occupied territories".

19. In interpreting its mandate, the Special Committee determined that:

20. Since its inception the Special Committee has relied on the following international instruments in interpreting and carrying out its mandate:

21. The Special Committee has also relied on those resolutions relevant to the situation of civilians in the occupied territories adopted by United Nations organs, the General Assembly, the Security Council, the Economic and Social Council and the Commission on Hun-an Rights, as well as the relevant resolutions of the United Nations Educational, Scientific and Cultural Organization, the World Health Organization and the International Labor Organization.

IV. ANALYSIS OF EVIDENCE


22. In spite of the repeated efforts made by the Special Committee, the Government of Israel continued to deny the Special Committee its co-operation. However, the Special Committee has continued to inform itself as fully as possible of developments in the occupied territories by all means available to it. This section gives a representative sample of the information thus received since the adoption of the Committee's previous report on 9 November 1979.

23. The Special Committee has taken particular care to rely on information that has not been contradicted by the Government of Israel or that is commonly considered as reliable by that Government.

24. The Special Committee has relied on the following sources:

25. The Special Committee heard the testimony of a number of persons during its meetings from 19 to 30 May 1980 (A/AC.145/RT.294 to 308). The following persons appeared before the Committee: Mr. Mohammed Bseiso (A/AC.145/RT.294 to 296). Mr. Mohammed Milhem (A/AC.145/RT.305 and 306); Mr. Fahed Kawasme (A/AC.145/RT.303 and 304) and Sheikh Rajeb El Tamimi (A/AC.145/RT.307 and 308).

26. In addition, the Special Committee heard two persons in closed meetings. During a visit to from 18 to 22 June 1980, the Chairman heard the testimony of Mr. Bassam Shaqa'a at the King Hussein Medical Center (A/AC.145/RT.309).

27. In addition to the foregoing, the Special Committee received reports from the Governments of Jordan and the Syrian Arab Republic and from the Palestine Liberation Organization (PLO) containing information on the situation in the occupied territories. Reports were received from several individuals and organizations, including a number from the occupied territories. The plight of the Palestinians held in detention continued to be the subject of several expressions of concern received by the Special Committee.

28. The information reproduced in the following paragraphs is grouped according to the aspect of the human rights of the population that it concerns. These are:

A. Information on the policy of annexation and settlement of the occupied
territories followed by the Government of Israel


1. Existence of the policy


(a) Statements by members of the Government and official government sources


29. The Interior Minister, Mr. Burg, stated that "The State of Israel cannot accept that there should be any region in the land of Israel where no Jewish settlement is authorized". (Ha'aretz, 3 January 1980)

30. The Prime Minister, Mr. Begin, said "The Government will shortly initiate the extension of Israeli law to the administered territories". (Ha'aretz, 31 January 1980)

31. Seven hundred and forty-five thousand Israeli citizens, including 71 Knesset members and 6 Cabinet Ministers, signed a petition to extend Israeli sovereignty over the Golan Heights. The Prime Minister, Mr. Begin stated that "The is an inseparable part of Israel". (Ha'aretz, 17 January, Al Ittihad, 18 January 1980)

32. The Knesset Foreign Affairs and Defense Committee adopted, by a majority of 11 to 7, a proposal put forward by Knesset members supporting settlement in the West Bank and the Gaza District. The Committee was subsequently (on 25 February 1980) reported to have adopted by a large majority a resolution calling on the Government to accelerate the pace of settlement in the Gaza District. (Ha'aretz, 6 February 1980; Ma'ariv, 26 February 1980)

33. On 23 March 1980, a decision was taken by the Cabinet to establish a field school and a Heder Yeshiva (a religious school) in Hebron. Eight ministers voted in favor, six against, three abstained and one was absent. The Deputy Prime Minister, Mr. Yadin, insisted that the decision should be reviewed by the Knesset Foreign Affairs and Security Committee. (Ha'aretz, 24 March 1980)

34. The Prime Minister, Mr. Begin, reaffirmed on the occasion of Independence Day that "there is no way of conceiving peace without the absolute freedom of settlement of our people ... Settlement in the occupied areas is the soul of Zionism". Mr. Begin reiterated on the same occasion that Jerusalem would be forever Israel's undivided capital. (Al Quds, 21 April; Al Ittihad and Jerusalem Post, 22 April 1980)

35. The Foreign Minister, Mr. Shamir, is quoted as having said that "Israel has to continue to establish settlements in the occupied Arab territories and to work towards the increasing of the Jewish presence in these areas". (Al Quds, 30 May 1980)

(b) Official plans and projects


36. At a Cabinet meeting on 12 November 1979, Mr. Sharon and Mr. Weizman each proposed his own settlement plan. The proposal by the Defense Minister consisted of the implementation of existing decisions affecting 19 civilian settlements and 12 Nahal settlements in addition to the expansion of 5 blocs in various regions of the occupied territories. On 15 November, a special ministerial committee decided to implement a proposal by the Defense Minister, Mr. Weizman, incorporating certain elements from the plan of the Minister of Agriculture, Mr. Sharon. The reported approximate cost of the implementation of these plans was in the order of EI 150 billion ($6 billion). 9/ The decision and its financial implications were severely criticized by the Finance Minister, who characterized the decision as "absurd". Later in November, Mr. Raanan Weitz, co-chairman of the Joint Settlement Committee, presented a settlement plan calling for 10 new settlements (3 in the Hamora region, east of Mount Samaria, 3 in the Central Jordan Valley, 2 in the Northern Jordan Valley and 2 north of the Dead Sea, all budgeted at EI 710 million ($28 million). In mid-December, Mr. Mattityahu Drobles, the Chairman of the World Zionist Organization's Settlement Department, reported that 6 new settlements were to be established near Jericho by 1981; government approval had been given for 3 of these settlements to be called Na'ama A', Almog G', and Mitzpeh-Yericho B'. During the same period Messrs. Sharon and Hurvitz (who succeeded Mr. Ehrlich as Finance Minister) requested EI 91 million ($3.6 million) from a fund of 500 million ($20 million) that had been approved a few months earlier for the establishment of new settlements. Concurrently, permission was given for a massive housing project in South Jerusalem. (Jerusalem Post, 14 October, 14 and 18 December 1979; Asha'b, 14 October and 28 November 1979; Ha'aretz, 14 and 29 October, 1 and 6 November 1979; Al Ittihad, 30 October and 6 November 1979; Yediot Aharonot, 28 November 1979)

37. Other reports reflected the continuation of construction and similar activity in implementation of the settlement program. Thus, early in October, the commencement of construction work on the settlement of Reihan B' was reported. The Trans-Samaria highway was reported being cut through Usarin, a village south of Nablus, necessitating the take-over of property 30 meters wide and "several kilometers long". Late in October, the Military Governor of Bethlehem issued an order banning villagers from Khadr from building on land that had been expropriated 6 months earlier to enable the expansion of the settlement of Efrat. In early November, the commencement of construction was reported on 500 apartments at Maaleh Adumlim settlement, the first group of a projected complex of 1,000 flats in addition to the existing settlement. At the same period, a government decision was announced according to which every decision to establish a settlement or to convert a paramilitary settlement into a permanent civilian one was to be taken by the Cabinet Defense Committee to ensure appropriate budgeting; possibility was allowed for appeal to the full Cabinet from the decisions of this Committee. At the end of November, it was reported that industries and workshops in West Bank settlements were being constructed at an accelerated pace, involving a budget of E1 400 million ($16 million). At the end of December the Jewish Agency announced that it was installing poultry rounds in its settlement in spite of a surplus in poultry output. (Ha'aretz, 8 October and 29 November 1979; Al Quds, 3 October and 8 November; Yediot Aharonot, 26 October 1979; Jerusalem Post, 26 November and 25 December 1979)

38. The Ministry of Housing was reported as having drawn up a program to establish four new settlements in the occupied territories: (a) one was to be located between Rantis and Nahalin, on the cease-fire line, west of Ramallah, to consist of 2,500 housing units; (b) a second near Al-Lubn village, to house 50 families for whom 120 dunams (0.12 sq. km) were to be confiscated, (c) a third near Latrun to be called Shilavim; and (d) a fourth on Mount Mahalin. (Asha'b, 10 February 1980)

39. During the controversy that followed the High Court Judgement in the Eilon Moreh case, in early November 1979, the Prime Minister requested the Attorney General, Mr. Zamir, to present the Cabinet with, inter alia, "a comprehensive picture of legal measures that the government might take to avoid future challenges to its settlement policy in the Court". Towards the end of February, Mr. Zamir was reported to have submitted a paper to the Government "on the legal status of the settlements in Judea, Samaria and Gaza". His legal options were stated to be the following:

40. A plan to enlarge existing settlements was approved by the Government; the plan envisages construction of 1,400 flats in the following settlements:
In addition a "considerable number" of flats were to be built in Kiryat Arba and Maale-Adumim. (Ma'ariv, 11 February 1980)

41. One thousand flats were to be built as a first stage in the Bethlehem area, 17 kilometers south of Jerusalem, to be inhabited by 5,000 families in the Israeli settlements of Efrat. (Ma'ariv, 10 February; Jerusalem Post, 11 February 1980)

42. Mr. M. Drobles, the Head of the World Zionist Organization's Settlement Department, declared that 9 more settlements were being planned in "Samaria, including 3 close to the new Maaleh-Shomoron settlement. Three thousand dunams were located in the Karney Shomoron D area, south-east of Karney Shomoron, and a new settlement was to be established there. The Karney Shomoron region was being established on 7,000 dunams (7 sq. km.) of State-owned land. (Ha'aretz and Al Quds, 15 February; Jerusalem Post, 17 February 1980)

43. The Minister of Construction and Housing submitted his detailed plan for the establishment of Jewish institutions in Hebron and of 200 housing units in the area of Abraham the Patriarch. (Ma'ariv and Ha'aretz 10 March 1980)

44. Mr. Levi, Minister of Housing, submitted a proposal for the expropriation of large areas of Arab land situated in Beit Hanina to secure a territorial link between the this settlement and the other new Jewish centers in the area. (Al Ittihad, 7 March 1980)

45. He also announced his detailed proposal for the seizure of thousands of dunams of land affecting the villages of Hizma, Anata and Shufat. The seizure was considered necessary to create a link between Neve Yaacov and the French Hill (Jerusalem). The amount of land was estimated at 15,000-20,000 dunams (15-20 sq. km.). (Ha'aretz, 10 and 12 March 1980; Jerusalem Post 10, 12, 13, 14 and 17 March 1980)

46. A Gush Emunim settlement was to be established near the Akbat-Jaaber refugee camp in the Jericho district. This settlement would be part of a cluster of six new settlements planned to bolster control of the Jericho-Jerusalem corridor. Mitzpe Jericho is located on 700 dunams (0.7 sq. km.) of land south of Jericho. Planning for these two settlements was well advanced; the others, however, Naama A, B, C and Ha'arava, were still at the planning stage. (Ha'aretz, Jerusalem Post, and Davar, 3 April; Davar and Ha'aretz, 4 April; Asha'b 6 April; and Ha'aretz 8 April 1980)

47. The planning of 11 settlements, whose creation had been approved recently by the Government, was delayed due to financial problems. The locations of these settlements are:

48. Government ministers considered a new type of West Bank settlement consisting of a series of hilltops with cultivated Arab fields in between. This solution was advocated, because surveys showed that land could not be
expropriated in the valleys. Accordingly, each settlement would get unregistered, uncultivated tracts, much larger than usually allotted to them. (Jerusalem Post, 16 May 1980)

49. Two sources revealed a plan providing for the creation of six Israeli settlements in the Gaza Strip. The names and locations are the following:


(a) Katif D (south-west of Khan Yunis) to be linked with the existing
settlements of Netzer-Hazami, Katif and Ganey-Tal;
    (b) Gadid
    (c) Gan-Or
    (d) Katif F
further to
the south
    (e) Erez A
    (f) Erez B
northern
Gaza Strip

Adjacent to the Nahal outpost Morag, more settlements are planned in an area of 11,500 dunams (11.5 sq. km.) which is designated for seizure. A new outpost, "Katif G", is planned between the international border and the Rafah road. Settlement officials acknowledged, however, that there was no budget at present to carry out this plan initiated by the Chairman of the Ministerial Settlement Committee, Minister Sharon. The plan was severely criticized by the Gaza municipality. (Ha'aretz, 23 May; Times (London), 24 May; Jerusalem Post, 25 May 1980)

50. A five year project for the establishment of 59 settlements in the West Bank has been put forward by the Settlement Department. Chairman Drobles, however, said that since October 1978 thirty settlements had already been established and that another 29 should be ready by October 1983. The settlements would be established on State land and "the interests of the local inhabitants of the region would not be harmed." (Yediot Aharonot, 6 May; Times (London), 16 May Al Quds and Asha'b, 19 May; and Asha'b, 30 May 1980)

51. The Prime Minister's office asked the Settlement Department for details about 10 settlements which had top priority. According to reports, the Prime Minister's office was furnished with details of more than 10 settlements. Those in question were:
52. The Prime Minister, Mr. Begin, stated that Israel intended to complete its settlement plan in the West Bank by creating 10 more settlements. After that, Israel would content itself with enlarging the existing settlements. (Ha'aretz and Al Quds, 9 June; and The Times (London) 11 June 1980)

53. The first new outline plan for Jerusalem in 25 years - to extend Israeli physical planning to all east Jerusalem - was approved by the District Planning Commission on 4 July 1980. (Jerusalem Post, 6 July; Ma'ariv and The Guardian, 7 July 1980)

54. This information was received after the Security Council had adopted its resolution 476 (1980) of 30 June 1980 on the demographical change of Jerusalem. (Jerusalem Post, 2 July 1980)

2. Implementation of the policy


(a) Expropriation


55. A number of reports in October and November concerned measures taken to expropriate property for a number of reasons. The following expropriations were reported:

56. A survey by the Ministry of Defense reported that, since 1967, the Military Government had seized 61,040 dunams (61 sq. km.) of land, of which 21,000 (21 sq. km.) was not allocated for settlement. In addition 80,000 dunams (80 sq. km.) of private property was "acquired" by the State; 65 settlements of various categories, not including military outposts and Jerusalem suburbs, were established in the occupied territories. According to a second report, with the expropriation of 70,000 dunams (70 sq. km.) in the Jenin area, the total area in the West Bank closed for "military training purposes" reached 970,000 dunams (970 sq. km.) equivalent to 16 per cent of the surface of West Bank. In addition 11,000 dunams (11 sq. km.) were expropriated for similar purposes in the Gaza Strip. (Ha'aretz, 1 and 6 November 1979)

57. Five hundred dunams of land were fenced off in the village of Beit Qad near Jenin for "purely military purpose", while another 500 (0.5 sq. km.) belonging to the village of Beit-Ishariya, have become a point of dispute between the local villagers and the neighboring Alon-Shevut settlers. (Ha'aretz, 9 January 1980)

58. The inhabitants of Qalandiya (near East Jerusalem) were asked to hand over 500 dunams (0-5 sq. km.) of land as a future alternative to the Tel Aviv-Jerusalem highway. (Ha'aretz, 14 January 1980; Asha'b and Al Ittihad, 15 January 1980)

59. Villagers from Abua, north-east of Ramallah, near the settlement of Neve-Tzuf, complained that the Military Government had expropriated 1,000 dunams (1 sq. km.) of their land for the construction of the Levona settlement. The authorities maintain that the 500 to 600 dunams (0-5 to 0.6 sq. km.) of the land in question were owned by the State. A Committee of Military Jurists recently decided that there was not sufficient proof to corroborate ownership claims of Arab inhabitants to an area of several dunams of land near Neve-Tzuf. According to one report, the High Court of Justice had ruled that no settlement should be established there. (Asha'b, 12 February; Ha'aretz, Al Hamishmar and Jerusalem Post, 13 February 1980)

60. The last Arab family living within the boundaries of the area that was expropriated for the Jewish quarter in the old city of Jerusalem, the family of Ayub Tutanagi, had to evacuate a building situated within the boundaries of the Old City in co-ordination with plans of the Company for the Reconstruction of the Jewish quarter. Mr. Tutanagi vas reported to have agreed to evacuate his premises against an indemnification of EI 5 million ($116,000). (Ha'aretz, 25 February; Jerusalem Post, 4 and 5 March 1980)

61. The Military Government expropriated 1,500 dunams (1.5 sq, km.) of land belonging to the village of Al Khadar in the district of Bethlehem for the expansion of the town of Efrat. Another 2,500 dunams (2.5 sq. km.) of land, also belonging to the village, had been previously expropriated. The landowners intend to lodge a complaint on this matter before the High Court of Justice. (Ha'aretz and Al Hamishmar, 17 March 1980; Asha'b, 16 March 1980; Zu Haderech, 26 March 1980)

62. Ibrahim Abu Jadallah's property from the village of Beit-Eskaria, in the district of Bethlehem, has been expropriated in two instances: in 1973 more than half of his land, consisting of 700 dunams (0-7 sq. km.), was expropriated and in 1976 another 100 dunams (0.1 sq. km.) were confiscated. According to the Mukhtar of Artaz the property is duly registered under Mr. Jadallah's name. Two weeks ago, security forces put Mr. Jadallah in prison together with his three children in an attempt to "prove" that the Military Government had bought the plot from the Mukhtar. (Asha'b 19 March 1980)

63. The Military Governor started to fence off some 2,000 dunams (2 sq. km.) of cultivated land, south-east of Bethlehem, near the settlement of Tekoah. (Al Hamishmar, 20 March 1980; Jerusalem Post, 21 March 1980)

64. Three thousand five hundred dunams (3.5 sq. km.) of land have been expropriated recently to expand the Kdumin settlements. (Ha'aretz, 2 April 1980)

65. Residents of Tulza, east of Nablus, reported that the Military Government had expropriated 1,000 dunams (1 sq. km.) of their land, mostly privately owned. A military source confirmed the expropriations, but claimed that it concerned only 140 dunams (0.14 sq. km.) expropriated for military purposes. (Davar, Ha'aretz and Jerusalem Post, 4 April; and Davar 6 April)

66. Inhabitants of Tammun, north-east of Nablus, asked the Military Government to rescind the decision to expropriate 150 dunams (0.15 sq. km.) of their land. (Ha'aretz, 10 April 1980)

67. The A Salayma family was evicted from their house in the old city of Jerusalem. Several families from neighboring Akbat El Savaya in the old city bordering the Jewish quarter received similar eviction decrees. (Al Quds, Jerusalem Post and Ma'ariv, 11 April; Davar, 14 April 1980)

68. The Military Government confiscated 800 dunams (0.8 sq. km.) of land belonging to the Kfar Malek and Al Mujr villages near Ramallah. (Al Hamishmar, 11 April; Asha'b, Ha'aretz and Jerusalem Post, 13 April 1980)

69. The Military Government confiscated 30,000 (30 sq. km.) of West Bank land belonging to the Moslem Religious Trusteeship (the Waqf) and located in the villages of Ghur Al Arja and Kueima (near Jericho). (Al Hamishmar, 14 April; Al Ittihad, 18 April 1980)

70. The Military Government decided to close large areas of Beit Sahur which fall within the jurisdiction of the municipality and to suspend the decision of the "Peace Court" in Bethlehem to demolish the house of Mr. Sakr Abdel Hady. (Asha'b, 24 April 1980)

71. Under cover of a curfew imposed on several villages in the Ramallah district, the Military Government expropriated some 500 dunams (0.5 sq. km.) of land in order to expand the Ofra settlement. A first report stated that only 200 dunams (0.2 sq. km.) belonging to villagers from Silwad and Ein Yabrud were affected. (Al Quds, 25 and 29 April; and Al Hamishmar, 30 April 1980)

72. The Israeli authorities started to implement the seizure measures on 4,400 dunams (4.4 sq. km.) north of Jerusalem. The land in question belongs to the villages of Beit Hanina and Hazma. (Asha'b, 20 May 1980)

73. The Military Government informed the Mukhtars in the Yatta area (south of Hebron) that 4,000 dunams (4 sq. km.) of land were expropriated. According to settlement sources, a number of settlements were to be established in the area, including Maon and Maon Carmel. (Ha'aretz, 4 June; Al Quds, 9 June 1980)

74. The Military authorities confiscated 15,000 dunams (15 sq. km.) in the area of Deir Istiya Kana Valley. The Military Governor of Tulkarem notified the landowners that the confiscation was carried out for security reasons. (Asha'b, 29 June 1980)

75. The West Bank Military Government decided to expropriate 6 dunams k.006 sq. km.) of privately owned land from the villages of Silwad and Ein Yabrud for a sewage project for the Ofra settlement. The same source confirmed that 4,000 dunams (4 sq. km.) of land in the Deir Istiya area south-west of Nablus had been expropriated for a road. (Jerusalem Post, 15 July 1980)

76. Several pieces of land were expropriated to build a road to the Eilon-Moreh settlement in Jebel-Kabir. The expropriation was decided upon after consultation among members of the Government. The road is 1 kilometre long and 4 metres wide and is designed to by-pass a village located on route to the settlement. (Ha'aretz, 10 July 1980)

77. The Military Government expropriated 4,000 dunams (4 sq. km.) from inhabitants of a village south-west of Nablus, Deir-Assiniya. The villagers claimed that over 15,000 dunams (15 sq. km.) had been expropriated from them and from neighboring villages. (Ha'aretz, 15 July 1980)

(b) Purchase


78. The Mukhtar of Rujeib, the village on whose land the Eilon Moreh settlement is located, ordered one villager to cancel a transaction on 20 dunams of land (0.02 sq. km.) with a suspected Gush Emunim representative. Moreover, reliable, sources revealed that Gush Emunim people, together with government officials, bought some 200 dunams (0.2 sq. km.) in separate pieces inside, and an additional 300 (0-3 sq. km.) outside the area seized. The deals were carried out through a third or even a fourth party to conceal the real buyer's identity. (Ha'aretz, 10 and 11 January 1980)

79. The Government appointed a committee to supervise land purchases. Members of this committee were inter alia, Mr. Tzipori, Deputy Defense Minister; Mr. Bar-On (Ministry of Agriculture); Mr. Rafael Eitan (Prime Minister's advisor on Anti-Terrorism Combat). According to one report: "The establishment of this committee is due to suspicions of document forgeries and improper land transactions." (Ha'aretz, 10, 11 and 31 January; Ha'aretz 3 and 14 February; Jerusalem Post, 3 February; Al Quds, 15 February 1980)

80. The State Land Administration bought vast 'areas of land at the request of settlers from Ofra (near Ramallah) and Efrat (near Bethlehem). The Ofra settlers had directed a villager from Ein Yabrud to the State Land Administration to conclude a deal "to the satisfaction of both parties". (Ha'aretz, 3 February 1980)

81. "Authorized sources" reported that hundreds of dunams of land bordering Hebron had been bought over the past year by Kiryat Arba inhabitants and governmental bodies. The State Land Administration had purchased a piece of land of several dunams, close to the Patriarch Cave, duly registered in the Tabu. (Ha'aretz, 7 February 1980)

82. Radio Israel was reported to have revealed that Jewish brokers had purchased 641,000 dunams (64 sq. km.) in the area east of Bethlehem from Bedouins who lived there; the cost of the transaction was given as EI 3 million ($60,000). (Al Quds, 9 February 1980)

83. Fifty families were to move into the new settlement of Karney Shomoron "B", close to Karney Shomoron "A", south-west of Nablus. (Ma'ariv, 8 and 10 February 1980)

84. Four hundred dunams (0.4 sq. km.) of land located between Bethlehem and Beit-Sahur have been sold through intermediaries. The Mukhtar of Hussan village claimed that the Military Governor had illegally used his official stamp to sign the land deal. (Asha'b, 8 March 1980; Davar, 19 March 1980)

(c) Other means


85. In late November a report appeared of guide-lines that had been announced to regulate the purchase of land in the occupied territories in accordance with the Cabinet decision in September. According to these guide-lines, purchase was only permitted with the authorization of the Defense Minister; private individuals were only permitted to purchase land in certain areas, and priority in according authorization was to be given to settlement bodies. (Ma'ariv, 25 November 1979)

86. The Special Committee received information concerning the establishment of a company called Himanuta, which the Jewish National Fund, a semi-official body, was reported to have established in the occupied territories. According to this information, the company was constituted for the purpose of purchasing land in the occupied territories. The permit mentioned above, required for such purposes, was reported to have been granted to this company by the Military Governor as a matter of course. The Special Committee was informed that efforts by the company itself to purchase land did not meet with wide success due to reluctance by local civilians to sell property to it; this was circumvented by the granting of powers of attorney to agents to contract with local civilians. In this manner Himanuta was purchasing land from local civilians (A/AC.145/RT.297).

87. With regard to government policy on acquisition of land in the West Bank, Mr. Zamir, Minister of Justice, was reported as stating that "the legal adviser of the Government, Mr. Zamir, is preparing a list of all the legal possibilities (i.e. options available to the Government) and based on that information, the Government has to make a political decision on the future legal status of land in Judea and Samaria." (Ha'aretz and Jerusalem Post, 3 January 1980)

88. The heads of the Settlement Councils in Judea, Samaria, the Jordan Valley and Gaza complained to the Government's Legal Adviser, Prof. Zamir, about land shortage. They stated: "The method of seizing land for security purposes has gone bankrupt. There will be no settlement in Judea and Samaria, the Jordan valley and the Gaza strip without expropriation of land". They complained that only 380 (0.38 sq. km.) out of 6,000 expropriated dunams (6 sq. km.) in Ariel (West Bank) and only 200 dunams (0.2 sq. km.) in Givon (West Bank) were Jewish property. Beit-Horon (West Bank) had 150 dunams (0-15 sq. km.) of land, but only 20 dunams (0.02 sq. km.) could be used. The settlement of Ofra stretched only over 270 dunams (0.27 sq. km.). They supported their claim for a change in the law on the status of Israeli settlements by a hunger strike. (Ha'aretz, 20 March 1980; Jerusalem Post, 21 March 1980)

89. By the end of the same month intensive Cabinet consultations about drafting a new law aimed at a legal guarantee to, preserve the settlements in-the territories from being dismantled were under way. According to one report, the law would not entail annexation, application of Israeli sovereignty or Israeli law and would not permit settlements on privately owned property. Private landowners affected by settlement decisions would still have recourse to the High Court of Justice, which would continue to apply the same legal principles it had applied in previous instances. (Jerusalem Post, 31 March 1980)

90. Arab landowners in the Hebron area, whose land had been sprayed by mistake, fear that the authorities may confiscate their land and establish new settlements on them. Eight years earlier land belonging to the village of Akraba in the Jordan Valley was poisoned in preparation for confiscation and the settlement of Yafit was established on it. A month ago the crops of the Kfar Kassem villagers were destroyed by poison. (Al Hamishmar, 14 April; Al Hamishmar and Asha'b, 15 April; Asha'b, 16 April; Al Ittihad, 18 April 1980)

91. Professor Zamir analyzed the land situation and maintained that although there were some 1 million dunams (1,000 sq. km.) of vacant land, the Government's settlement plans necessitated only 20,000 dunams (20 sq. km.), "so it is possible to say that the Government can continue its present policy, based on the establishment of settlements, and carry out its settlement policy". (Ha'aretz, 5 May 1980)

(d) Budgetary allocation


92. The Agriculture and Finance Ministers required an additional 91 50 million ($1 million) in order to buy privately owned land in Judea and Samaria. The initial amount allocated was only U 4 million ($80,000). The purchase would be financed by the Israel Land Administration by leasing more land to private contractors. (Jerusalem Post and Ma'ariv, 15 January 1980; Asha'b, 16 January 1980; Ha'aretz, 24 January 1980; Jerusalem Post, 25 January 1980)

93. The Government was to invest at least EI 7.5 billion ($0.2 billion) during the fiscal year 1980 in the occupied territories: The Agriculture Ministry will budget EI 300 million ($7.15 million) for construction (an increase of 15 per cent over last year); the purpose was to "create a base" for settlements and expand existing ones. It included special treatment for settlements established within the last year. Every new settlement was reported to cost about EI 10 million ($238,095). The Jewish Agency Settlement Department, responsible for the organization but not for the funding of the settlements, had established 94 settlements by the end of 1979. Another 19 settlements were under construction. The Housing Ministry budget set aside about EI 230 million ($5.5 million) for the territories plus 91 60 million ($1.5 million) for future budgets. The Ministry was to build about 1,100 units in the rural areas (Gush Etzion) near Hebron. Another 750 units were reportedly Planned for Ma'ale Adumim and Kiryat Arba at a cost of EI 150 million ($3 million). In 1979 the total number of Israeli settlers was 13,700 (an increase of 2,400 in comparison with 1978) and 5,588 housing units had already been built. (Jerusalem Post, 27 February 1980)

94. A budget of EI 3 billion ($69 million) was allocated by the Zionist Federation Settlement Department to the development of 103 settlements in the occupied territories. The construction of 15 of these settlements began in the 1979 financial year; the creation of 11 settlements approved by the Government and the Settlement Department had not been budgeted, but an additional EI 1 billion ($23 million) was sought. (Ha'aretz, 12 March 1980, Asha'b, 13 March 1980)

95. No additional funds were allocated for construction in Hebron to the original 10 million shekels 10/ ($2,300,000). (Jerusalem Post, 25 March 1980)

96. The World Zionist Organization allotted 91 45 million ($1 million) of its budget for the year starting on 1 April 1980 for 19 families of the Eilon Moreh settlement, now residing in Jebel Kabir. This allocation was without precedent in terms of size and importance. It meant that each family would enjoy direct assistance to an amount of EI 2,368,000 ($56,000). (Al Hamishmar, 8 March 1980)

97. Mr. Drobles, co-chairman of the World Zionist Organization's Settlement Department asked Mr. Hurvitz for 100 million shekels ($20 million) to establish 11 new settlements, already approved by the Government, but whose establishment was delayed due to budgetary problems. (Ha'aretz, 8 April, Jerusalem Post, 30 April 1980; Asha'b, 1 May 1980)

(e) Expansion and construction


98. During November 1979, the Government was reported to have considered further implementation of its settlement policy. The Defense Minister, Mr. Weizman, gave his consent for the expropriation of property to enlarge the settlements at Elkana and Ofra but refused permission for enlargement of the settlements at Givon, Beit-Horon, Qaddum. and Efrat. He suggested other solutions including relocation to solve the need for expansion of these settlements. In mid-October, Mr. Sharon had announced his plan for the establishment of settlements and the expansion of existing settlements in the occupied territories. At a Cabinet meeting where the plan was revealed, it was decided not to discuss the Sharon plan but to expand seven settlements using "state owned" land. It was decided to revoke the seizure of 2,500 dunams (2.5 sq. km.) in Ariel and 2,000 dunams (2 sq. km.) in Efrat. The seven settlements which the Israeli Government decided to expand are the following:

99. Work on the site of Givat Harsina in Hebron, near the Israeli settlement of Kiryat Arba was to start, although 30 villagers had proof that the site of 600 dunams (0.6 sq. km.) was theirs. The "Porcelain Hill" area, declared "closed" by the Military Government in 1973, was to be used to cut a road through the new suburb in that area. The site, near Kiryat Arba, was allegedly located on 250 dunams (0.25 sq. km.) of Government-owned land; 29 Bani-Naim villagers claim ownership. (Jerusalem Post, 2 January 1980; Ha'aretz, 3 January 1980)

100. The State Land Administration bought land around Eilon Moreh from local villagers (100 dunams) (0-1 sq. km.) designed for the creation of Eilon Moreh B. Another piece of land (20 dunams) (0.02 sq. km.) was bought by Eilon Moreh settlers with the full knowledge of senior government officials, reported as an effort to circumvent the ruling of the High Court of Justice (i.e. the evacuation order does not apply anymore, since the owners of the land have changed and part of it is now their property). (Ha'aretz 7 January 1980)

101. A new settlement, Karney Shomoron B, was to be established near Karney Shomoron A, in the vicinity of Azzun village to the west of Nablus. (Ha'aretz, 13 January 1980; Al Quds, 14 January 1980; Asha'b, 18 January 1980; Ha'aretz, 24 January 1980)

102. Maaleh-Shomoron (near the Kalkilya-Nablus road), described as the thirty-fifth settlement in the West Bank, was inaugurated by Mr. Sharon on 14 February 1980, with the words "this is Israel's big contribution to world peace". (Ha'aretz and Al-Quds, 15 February; Jerusalem Post 17 February 1980)

103. The District Committee for Planning and Construction in Jerusalem adopted the outline plan for a "unified Jerusalem". The Committee approved the land allocation plan; providing for construction zones and green areas in Jerusalem. The plan fixed the percentage of construction zones throughout the capital and provided that the city would be surrounded by a green belt. (Ha'aretz, 27 February 1980)

104. The location of two new settlements in the Golan Heights was approved; work was started to build a new "kibbutz" in the northern Golan, near Elrom. In the eastern Golan, at the foot of Tel-Hazika, a co-operative "kibbutz" was to be created and in the southern Golan, near Afilo another one would be established. (Ma'ariv, 4 February 1980)

105. Construction was stated to be under way in the Dotan Valley for the establishment of the Gush Emunim settlement of Dotan (located on a hill off the Jenin-Nablus road). This settlement was to take Israeli settlers presently living in Sanur, a nearby Israeli settlement. This plan was criticized by the Deputy Prime Minister, Mr. Yadin. (Ma'ariv, 2l February 1980)

106. A total of 800 dunams (0.8 sq. km.) were allocated to settlers of the new "co-operative moshav" Mattityahu located 3 kilometers north-east of the green line, bordering the Arab village of Midya. The 800 dunams (0.8 sq. km.) were partly in possession of neighboring Arab villagers. Another 500 dunams (0.5 sq. km.) west of the green line were to be made available. (Ma'ariv, 4 March 1980)

107. A new settlement, "Hadasha", was established on 11 May near Givon, located 5 kilometers south-west of Jerusalem, near the village of Al-Jeib. The settlement belongs to the Gush Emunim and was established on 80-dunams (0.08 sq. km.) of land belonging to Iraqi Jews. (Al Hamishmar, Asha'b, Ha'aretz, Jerusalem Post and Yediot Aharonot, 12 May 1980)

108. Construction began for the establishment of two new settlements, Dotan and Karney Shomoron D, located in the north-western end of the West Bank (Nablus area). The creation of another two settlements, Reihan C' and Karney Shomoron El, was stated to be under consideration. (Ha'aretz, 13 May; Al Quds and Asha'b, 14 May 1980)

109. Construction began on the settlement of Vered Jericho, located 2 kilometres south-west of Jericho near Ain Sultan refugee camp. This settlement, together with Beit Jalarava and Naima Alef, was designed as part of a corridor which would link the Jordan rift with the West Bank hill country. (Al Quds, Asha'b, Ha'aretz and Jerusalem Post, 19 May 1980)

110. The Cabinet decided to set up a special ministerial committee that would recommend means to acquire more land for 7 West Bank settlements: Kiryat Arba, Elkana, Ariel, Ofra, Givon, Efrat and Kdumim. It approved the recommendation, submitted by this committee, that land seizure should be carried out through seizure orders issued by the Military Government. (Asha'b, Davar, Ha'aretz, Jerusalem Post and Yediot Aharonot, 12 May; Jerusalem Post, 14 May; Ha'aretz, 15 and 16 May; Ha'aretz and Jerusalem Post, 23 May; Ha'aretz, 26 May 1980)

111. Five new settlements were to be established in the future in the Golan region-. Their locations are:

Despite budget cuts some 200 flats were to be built this year in the Golan Heights of which 150 were located in Katzrin. (Ha'aretz and Yediot Aharonot, 6 May; Asha'b and Ha'aretz, 29 May; Asha'b, 30 May 1980)

112. Two new settlements in the Gaza Strip were reported under construction; a third settlement - Katif 'Y' - was to be constructed at a later stage. In this context, the Minister of Agriculture, Mr. Sharon, stated: "The Government at present, more than ever before, must take steps to implement its plan for the creation of an Autonomy and to complete the vast settlement plan according to its decision. These two elements are the only answer to the danger of the creation of a Palestinian State". (Ha'aretz, 9 July 1980)

113. The Special Committee within the Israeli Cabinet dealing with the expansion of seven existing settlements decided that all the land that had been approved for Kiryat Arba (thousands of dunams of land) would be expropriated in order to expand the suburb, because it was State-owned land. (Ma'ariv, 8 June; Al Quds and Jerusalem Post, 9 June; Ha'aretz, 12 June; Al Quds and Asha'b, 15 June 1980)

B. Information on the policy followed by the Government of Israel with
regard to the inhabitants of the occupied territories


1. Treatment of civilians


114. In connection with the protests against the proposed take-over of the Jerusalem District Electricity Company 11/ strikes were organized, but leading West Bank personalities were barred from-attending any meeting. (Ha'aretz, 6 January; Jerusalem Post, 8 January 1980)

115. The movement of the West Bank mayors was curtailed on a number of occasions in connection with their efforts to organize opposition to calls from Jewish activists to change the legal status of the settlements in the territories and to organize protests against the deteriorating situation in Hebron. On 25 February 1980, it was reported that they were not allowed to leave their towns for 24 hours. (Ha'aretz, 25 February 1980)

116. Mr. Shaqa1a, Mayor of Nablus, was prevented from visiting the Libyan Arab Jamahiriya in order to obtain financial support for the city of Nablus. (Asha'b, 4 and 17 March; Jerusalem Post, 5 March 1980)

117. The Military Government banned Messrs. Shaqa'a (Mayor of Nablus) and Milhem (Mayor of Halhul) from attending a Palestinian Human Rights conference in Washington. Mr. Shana'a was also invited to an Arab Union Conference in Toronto. (Ha'aretz, 16 March; Jerusalem Post, 16 March; Asha'b, 19 March; Al Ittihad, 18 March 1980)

118. The Military Government prevented Messrs. Shaqa1a, Milhem and Kawasme from entering the Jalazun refugee camp near Ramallah. (Ha'aretz and Jerusalem Post, 23 March 1980)

119. The Military Government prevented people from outside Hebron from reaching the Patriarch Cave. On Friday, 28 March, the West Bank Mayors could not attend protest prayers in Hebron's Al-Ibrahim Mosque. (Jerusalem Post, 26, 28 and 30 March 1980)

120. A proposed meeting of West Bank Mayors in Hebron to discuss Jewish settlement in the city could not take place and was transferred to El-Bireh. Messrs. Kawasme and Rashad A-Shawwa did not obtain permission to participate. Dr. Ahmed Hamze Natshe, one of the left wing West Bank leaders, was prevented from reaching his clinic in Hebron. (Ha'aretz, 28 March 1980)

121. The Israeli authorities banned Mayors and other public figures in the West Bank from leaving their towns. (Ha'aretz, 31 March 1980)

122. Several West Bank Mayors were prevented from attending a protest meeting in Hebron Town Hall as the Military Government sealed off all access roads leading to the city. The Mayors gathered in Bethlehem instead and released a statement denouncing Jewish settlement in Hebron (Asha'b, Davar, Ha'aretz, Jerusalem Post and Zu Haderek, 2 April; Davar and Yediot Aharonot, 3 April; Zu Haderek,9 April 1980)

123. West Bank Mayors were told not to leave their towns in connection with the celebration of Prisoners Day. (Al Quds and Jerusalem Post, 18 April; Ha'aretz, 20 April 1980)

124. The Military authorities erected barriers on the road linking the West Bank to Jerusalem and prevented some personalities from entering Jerusalem in order to participate in a meeting held in the Holy Mosque. (Al-Quds, Ha'aretz and Jerusalem Post, 27 April 1980)

125. The Israeli Military Governor General informed all trade unions in the Gaza Strip that the celebration of May Day was forbidden. In Hebron the celebration was also prohibited. (Asha'b 27, 28 and 29 April; Al Quds 29 April 1980)

126. The League for Civil and Human Rights in Israel published a report dealing with the situation in the occupied territories. The report, based on an investigation by the League's President Professor Israel Shahak, detailed acts of repression and harassment against West Bank residents, particularly in the refugee camps Deheysha and Jalazun, where collective punishment, massive arrests, humiliations and beatings had become a daily routine. Assaults on educational institutions were also customary. The closing down of Abu-Dis College and the constant harassment of students were mentioned as well as the arbitrary use of administrative decrees and the settlers' own repressive activities against West Bank residents. (Zu Haderech, 30 April 1980)

127. During a May Day celebration in the Jerusalem cinema in east Jerusalem, large Police units broke into the building, attacked those present and arrested many of them. Then they chased the people who were present in the streets and fired at them. A large number of participants were reported injured. (Al Ittihad, 2 May 1980)

128. According to a report appearing on 23 October 1979, a number of schoolboys between the age of 13 and 15 were arrested by Israeli soldiers during demonstrations and brought to the Military Government headquarters in Ramallah. No charges were brought against the boys. A Member of Knesset, Mr. U. Avneri, was reported to have requested an inquiry by the Defense Minister, Mr. Weizman, into allegations that Israeli soldiers had forced students arrested during disturbances in the West Bank to perform hard labor within the military headquarters at Ramallah where they had been brought. (Asha'b, 19 October 1979; Al Ittihad, 23 October 1979)

129. The following measures, described in various reports as "acts of terrorism" or "acts of suppression by the occupation authorities", were reported with reference to the occupied territories at large:

130. Following an incident during which a molotov cocktail was thrown at a military jeep near Jalazun refugee camp, on 5 April, security forces assaulted the camp, surrounded it and imposed a curfew while they searched houses inside the camp, firing shots into the air to intimidate the residents and arresting about 450 camp residents, who were left without food and water for the whole night. All actions were aimed at prevention of recurrence of stone-throwing incidents, and the military authorities denied that force had been used and that a daily curfew had been imposed. The Mayor of El Bireh, Ibrahim Al Tawil intervened and asked the Military Governor to stop these "terroristic like measures". On 10 April, the military authorities ordered the principal entrance of the girls' school in Jalazun refugee camp closed and sealed it with cement. Searches on people were also reported. Camp residents continued to complain about harassment that continued night and day. Later in the month, a Moslem preacher in the camp was arrested for anti-Israel incitement during his sermon. (Al Ittihad, Asha'b and Davar 8 April; Al Hamishmar and Zu Haderek, 9 April; Ha'aretz, 10 April; Asha'b, 11 April; Al Hamishmar and Davar, 13 April; Asha'b, 16 April; Ha'aretz, 27 April; Asha'b, 28 April 1980)

131. The Military authorities were reported to have pursued daily a number of measures against the inhabitants of Al-Deheysha refugee camp. Shop-owners had been forced to close their shops at 5 P.m., while patrols imposed an undeclared lockout after 5 p.m which prevented the inhabitants from getting their provisions. (Asha'b, 15 and 23 April 1980)

132. On 25 or 26 April at night, two lecturers from Bir-Zeit University saw a group of soldiers driving a group of Arabs, roped together, through the streets of Ramallah. One of their number was dragging them along while the others beat them and forced them to bow their heads. (Al Ittihad and Asha'b, 29 April 1980)

133. In Arurah the males aged between 14 and 60 were gathered in the village square and were beaten with cudgels, sticks and metal bars. (Al Ittihad and Asha'b, 29 April 1980)

134. The Israeli occupation forces created an atmosphere of terror in Bethlehem, Beit Sahur, Beit Jala, Bir-Zeit, A-Deheysha refugee camp, Nahaleen and other villages. The army assailed People in the streets, took their identity cards and compelled them to go to the Military Government headquarters. (Asha'b, 29 and 30 April 1980)

135. The Military authorities closed down four shops in Bethlehem 18 days earlier, because cars with Israeli number plates had had their windows smashed. The same shops were ordered to close again on the grounds that clashes between the army and students had occurred near them. (Asha'b, 16 and 24 April 1980)

136. A number of curfews were imposed in retaliation to alleged stone-throwing incidents. Curfews were imposed on Ain Yabrud (twice) and Silwad. The curfew on the latter was lifted on 27 April after five days. The village of Arwra had a two-day curfew. The curfew imposed on Deir Al Assali was a punishment for alleged misconduct against Israeli civilians driving in a car. The curfew in Jalazun refugee camp for the last two months was still bothering the inhabitants (Jerusalem Post, 16 April; Al Ittihad, 22 April; Al Quds, Asha'b, Ha'aretz and Jerusalem Post, 23 April; Ha'aretz, 24 April; Al Quds, 25 April; Asha'b and Yediot Aharonot, 27 April; Ha'aretz, 28 April; Yediot Aharonot, 29 April 1980)

137. Three border guardsmen broke into an apartment in Bir Zeit and arrested three students. They were taken to a car and were seriously beaten on all parts of their bodies. (Al Hamishmar and Yediot Aharonot, 27 and 28 April; Asha'b and Davar, 29 April, Zu Haderech 30 April 1980)

138. The inhabitants of Jalazun camp were reported to be suffering from a shortage of water, because the authorities had cut off the water supply to the camp. (Asha'b, 1 May 1980)

139. The Military Government of Bethlehem informed the Mayor Mr. Elias Freij, that he was banned from participating in meetings with other mayors of the West Bank. (Asha'b, 11 May 1980)

140. On 30 April, in Rummain village near Anabta, Tulkarem district, a 17-year-old Arab, Najah Ahmed El Guri, was killed and two other students wounded, during a scuffle with the Military Governor and a civil administration officer at the local school where students were holding a demonstration on the occasion Of May Day. According to one report the scuffle started when the students threw stones at the officers; according to another, the officers started beating the students and shooting in the air. (Al Hamishmar, Al Ittihad, Davar, Ha'aretz, Jerusalem Post and Yediot Aharonot, 2 May; Zu Haderech, 7 and 14 May 1980)

141. The Chairman of the Israeli Council for Israeli-Palestinian Peace, Mr. Matti Peled, announced that members of his Council had taken evidence from officers and soldiers on duty in the Hebron area. He revealed the following facts:

142. A Knesset member, Mr. Uri Avnery, requested a parliamentary investigation on the conduct of the Israeli army in Hebron and other areas. Soldiers were sent to help the border police, in search of violators of curfews imposed on Arab villages and ordered to punish them adequately. Mr. Avnery submitted to the Knesset a replica of an order given by an Israeli officer to soldiers reading in part: "Your beating is not a choice but a duty and a Military order. They - i.e. the Arabs - understand no other language. ... Beat them and then take them home, but if there is any problem or stone throwing or anything else, first of all break their bones and then take them in a car to the Military Government Headquarters." (Jerusalem Post and Yediot Aharonot, 2 May; Al Quds and Asha'b, 21 May; Ma'ariv, 22 May 1980)

143. Mr. Milhem, the Mayor of Halhul, testified before the Special Committee on the circumstances during the curfew imposed on the town on 15 March 1979 after a demonstration had taken place in which a boy, Nasri Al Anani, and a girl student, Rabia Al Shahalda, had been killed. Later, the man who had killed the girl was identified as a Kiryat Arba settler and the one who had killed the boy as a soldier. According to newspaper reports, the Israeli settler was identified as Illan Tor. They were detained for a number of months and then released. The curfew lasted 16 days, during which soldiers were stationed in key positions in the town. Children were not allowed to leave their houses on the risk of having house windows smashed. A total of 35 houses were affected.

144. During the curfew Halhul farmers were prevented from spraying their vineyards. Those who tried to reach their fields were ambushed by soldiers, beaten up and their donkeys and machines were confiscated. At the end of the curfew they were heavily fined. Farmers from the neighboring villages, Beit-Urmar, Beit Sahur and Surif were prevented from helping the Halhul farmers. Food supply from outside was not permitted and drivers of cars with food were arrested. Any resident of Halhul who happened to be working outside the town, in Israel or anywhere else in the West Bank, was put in prison and fined upon his return. During the curfew, schools were closed, and on 30 March 1979, when the curfew was lifted, students who were arrested during the curfew were not allowed to enter the school (A/AC.145/RT.305-306)

145. The Mayors of Dawra, Mr. Mohammed Mussa Amru, and of Araba, Mr. Mahmud Al Arida, were banned by the military authorities from leaving their villages without prior permission. (Al Quds, 21 May 1980)

2. Reprisals

(a) Demolition, destruction, sealing off and closing of houses and shops


146. The ban on the distribution of the papers Asha'b and Al Fajr in the West Bank on 2 June 1980 led to petitions to the High Court of Justice on 3 and 8 June respectively. The order banning distribution was based on the Military Order concerning incitement acts and hostile propaganda in Judea and Samaria No. 101 (1967) and on the Defense Emergency Regulations (1945), articles 88 and 94. On 9 June 1980, the Supreme Court issued an order-nisi, instructing the Defense Minister and the Staff Officer for Interior Affairs in the Judea and Samaria Command to show cause within 15 days why the ban on the distribution of Al Fajr should not be cancelled. The order was subsequently revoked and the distribution of Asha'b and Al Fajr was resumed on 10 June and 16 June respectively. (Ha'aretz, 2, 3, 9, 11 and 16 June; Jerusalem Post, 2, 5, 11, 16 June; Asha'b, 8, 11, 12 and 16 June; Ma'ariv, 9 June; Al Ittihad, 13 June 1980)

147. Several West Bank Mayors were prevented from visiting Mr. Khalaf, Mayor of Ramallah. The Mayors of Tulkarem, Qalqilya and Anabta left their towns without authorization and were summoned to the police for questioning and released on 91 10,000 ($200) bail. (Jerusalem Post and Yediot Aharonot, 15 June; Al Quds, 16 June 1980)

148. The Military Governor informed Mr. Elias Freij, the Mayor of Bethlehem, that he was not allowed to leave Bethlehem. (Al Quds, 3 July 1980)

149. The Military Government barred the editors of three Arabic newspapers, Asha'b, Al Fajr and Ataliya, from entering Jerusalem as a "one day warning" for alleged incitement and infringement of censorship rules. (Jerusalem Post, 15 July 1980)

150. The school in the Jalazun refugee camp was fenced off by Israeli troops "to protect Jewish settlers". According to reports, the refugee camp, as was the case in another refugee camp - Dahaysha, was the scene of several incidents of stone throwing at Israeli vehicles. (Jerusalem Post, 23 February 1980)

151. Three houses were demolished in the Gaza Strip on 16 October 1979. According to reports the houses belonged to two persons accused of murdering an Israeli army corporal in January. The demolition of the houses was accompanied by a curfew and tight security measures. (Jerusalem Post and Al Quds, 17 October; Al Ittihad, 19 October 1979)

152. Security officers sealed off a flat and a room in the Ramallah District suspected of serving a terrorist cell. The owners were given prison sentences. (Jerusalem Post, 30 January 1980)

153. The Military Government ordered, until further notice, the closure of three shops in El-Bireh. The order was given in connection with recent stone throwing. (Ha'aretz, 17 March 1980)

154. In Nablus soldiers encircled the houses of Mr. Hassan Al Masri, (family of 10), Mr. Saleh Salameh (family of 7) and Mr. Zuheir Hajazi (family of 10). They ordered all the families' members out into the street and cemented the houses on the grounds that the sons of these families had thrown molotov cocktails at Israeli military patrols. (Al Ittihad, 27 May 1980)

155. The Military Government demolished a house in the A-Deheysha refugee camp in retaliation for an incident in which unidentified persons threw a bomb at a military lorry and the driver was injured. According to one report, a total of 3 houses, belonging to Suleiman Harum, Abdel Azim abu Ahmed and Mohammed Diab, were demolished and about 40 youths were arrested. (Asha'b and Jerusalem Post, 7 May; Al Quds, 8 May; Al Ittihad, 9 May 1980)

156. Security forces in the Gaza Strip destroyed the houses of Mr. Mustafa Al Hadad and Mr. Rajab Mohammed, because they were involved in terrorist activities in Gaza's Palestine Square on 1.6 February, causing the death of 2 Israeli citizens, one inhabitant of Gaza and the injury of another 10 people. Unlike in the past the houses were demolished with mechanical equipment and not by dynamite, "in order to avoid damage to nearby houses". (Al Ittihad, Al Quds, Ha'aretz, and Jerusalem Post, 9 May 1980)

157. The Co-ordinator of Activities in the Territories, Mr. Daniel Matt, commented on the demolition, stating that "One of the buildings contained only shops whereas the other one was a dwelling house. Other buildings in the area were seized by the army for security reasons and in order to protect the area. The Israeli Defense Forces, according to the report, also seized the "Romano House" (the Issam Ibu Munkez school) and turned it into their headquarters. (Ha'aretz, 4 May 1980)

158. The incident was followed by reports of acts of violence by Israeli settlers in Hebron during the curfew. In addition, the prolonged curfew dealt an economic blow and caused starvation. One report estimated the damage at about EI 60 million ($1,200,000) including the construction expenses and the cost of the shops' goods. According to another source, not less than 60 per cent of the production of grapes would be seriously affected. The Military Government refused to consider payment of indemnities to shop-owners whose shops had been demolished, because "the amounts were too high". However, an exception was made in the case of Mr. Mohammad Rahid El Harbawi, owner of 16 shops, because his family had saved about 100 Jews during the 1929 disturbances. (Asha'b and Ha'aretz, 13 May; Asha'b, 20 May; Al Quds, Jerusalem Post and Ha'aretz, 22, 25 and 30 May 1980)

159. In Balata refugee camp, near Nablus, the house of Bassam Mohammed Habash was demolished. In Jenin, two houses belonging to Amin Sukiah and Ziadah Mahmud were demolished and another two belonging to Alam Al-Ali and Mussa Fares Mussa were closed in retaliation for the planting of bombs on Bat-Galim beach in Haifa on 20 June 1980. (Jerusalem Post, Ha'aretz and Asha'b, 2 July 1980; Al Ittihad, 4 July 1980)

(b) Eviction


160. Two families were evicted from their houses by the Military authorities because of alleged crimes committed by their sons. The Maabe family, 10 in number, was moved from Balata refugee camp to Akabat Jabr camp near Jericho, because of the arrest of their son, Hamade Ahmed Maabe (18), a week earlier, who was charged with having hidden automatic weapons in the Balata refugee camp. The Shumali family from Beit-Sabur was transferred to the abandoned Ein Sultan refugee camp, near Jericho, because their son Tarek Shumali (17) had thrown a stone at the car of Bethlehem's Military Governor. Both families went on hunger strike to protest against their eviction, and attorney Felicia Langer submitted an application to the High Court of Justice on behalf of the families. The Military Government subsequently rescinded the deportation order and allowed the families to return. One report stated that Military officials had appeared to the Defense Minister against the decision to repeal the eviction order. (Al Quds, 16 May, Al Quds, Asha'b, Ha'aretz, Jerusalem Post and Ma'ariv, 18 May; Ha'aretz and Jerusalem Post, 19 May; Al Ittihad and Asha'b, 20 May, Al Quds and Asha'b, 21 May; Al Quds, Ha'aretz and Jerusalem Post, 22 May; Al Ittihad, Al Quds, Asha'b, Ha'aretz and Jerusalem Post, 23 May 1980)

(c) Expulsions

161. On 11 November 1979, Mr. Bassam Shaqa1a, Mayor of Nablus, was issued with an expulsion order and detained in Ramle prison. The official decision for the expulsion order was given as Mr. Shaqa'a's expressing approval of such acts as the killing of the passengers in a bus during an incursion by a guerrilla group in Netanya earlier in the year; the statement attributed to Mr. Shaqa'a was alleged to have been made during a private conversation with the military officer in charge of "Co-ordination of Activities" in the occupied territories, General Daniel Vatt. In an official transcript of the conversation published in the press, the statements made by Mr. Shaqa'a contained no such condemnation. Upon an application to it the High Court decided that Mr. Shaqa'a should avail himself of the Review Board procedure prior to its own consideration of the merits of his application. 12/ On 6 December 1979, the Defense Minister, upon the recommendation of the Review Board, rescinded the expulsion order. Mr. Shaqa'a was released and he resumed his functions. The entire period was marked by widespread disturbances, several involving violence, and a mass resignation by mayors in the West Bank and the Gaza Strip. (Ha'aretz, 7, 9, 11, 12, 13, 18, 19, 22, 23, 26, 29 November 1979, Jerusalem Post, 14-16, 18, 19, 21, 23, 27, 28, 30 November, 3, 4, 6 December; Asha'b, 8, 22, 25 November 1979; Yediot Aharonot, 12 November 1979, Al Ittihad, 23 November 1979)

162. Mr. Saeed Abu Su'ud from Deir Dibwan (east of Ramallah) was expelled. In 1969, Mr. Su'ud left his country for Amman and from there for the United States of America. In 1971, his mother lodged - in vain - a request for reunification. In 1975, he was granted permission to come back for 3 months. He worked for 8 months, after which the authorities took away his work permit and sent him several expulsion notices. In 1979, he was arrested and exiled to Jordan, but he could not enter Jordan, because he had no Jordanian passport. In 1980, he was ordered to leave the country within 15 days, but he could not obtain a United States visa. On 28 January 1980, he was summoned to the police station and work there transferred to prison. On 24 April 1980, an expulsion order was issued and implemented. (Asha'b, 30 April 1980)

163. On 3 May 1980, Mr. Fahed Kawasme, Mayor of Hebron, Mr. Mohammed Milhem, Mayor of Halhul, and Sheikh Rajab Al-Tamimi, Kadi of Hebron, were expelled to Lebanon (see para. 170).

(d) Curfew

164. On 31 January 1980, an Israeli settler from Kiryat Arba was killed in Hebron. A curfew was imposed on the town, which lasted 11 days. The incident and the reaction of the Israeli authorities gave rise to a number of demonstrations and other incidents. These included a strike by Israeli settlers in other settlements and several demonstrations and disturbances all over the occupied territories. In a statement made public on 7 February 1980, the mayors of the West Bank called the curfew an act of collective punishment and stated that the Government of Israel bore the responsibility for the situation in Hebron since it did not recognize the rights of the Palestinian people. (Jerusalem Post, 1, 3. 6, 7, 8, 11 and 12 February 1980; Ha'aretz 1, 3 and 6 February 1980; Yediot Aharonot, 8 February 1980)

165. After a curfew was imposed on Askar refugee camp, near Nablus, the inhabitants were harassed by the Israeli army, which conducted a large-scale search. The curfew was lifted after a number of citizens were arrested and charged with membership in a Palestinian organization and possession of arms. (Al Ittihad, 4 March 1980)

166. The Jalazun refugee camp, near Ramallah, was the center of much tension and harassment during the month of March. In connection with alleged stone throwing at Israeli cars, the Israeli authorities imposed a curfew on the camp and the inhabitants had to stand outside for many hours for questioning. (Ha'aretz, 4 and 14 March 1980; Jerusalem Post, 4, 14 March 1980; Asha'b, 5 March 1980)

167. In his testimony before the Special Committee, Mr. Kawasme also referred to Jalazun refugee camp. He stated that lengthy curfews had been imposed on the camp during which nobody was allowed to enter or leave the camp. The population of the camp, about 2 000 persons, consists of Palestinian refugees driven from their homes in 1948 mainly from the Lod and Ramle area. He referred to an incident that had taken place on 23 March 1980 in which Mr. Kawasme and Mr. Milhem were prevented by the Israeli military authorities from holding a press conference inside the camp to protest against the Israeli practices towards the inhabitants. They were stopped at a road check point and taken to the Military Commander in Ramallah. (Jerusalem Post. and Ha'aretz, 25 March 1980)

168. The Military Government forced the male residents of the Nur-A-Shams refugee camp to put a fence around the camp during a curfew in order to prevent further incidents. (Asha'b and Ha'aretz, 8 may 1980)

169. Following an incident in Rummain village the military Government issued a closing order for the area to prevent the holding of a mayors' meeting. A curfew was imposed on the village which lasted for 2 weeks. (Al Ittihad, and Jerusalem Post, 2 May; Al Quds, 5 May, Asha'b 7 May; Ha'aretz and Jerusalem Post, 15 May 1980)

170. On 2 may 1980, 5 Israeli settlers were killed and 17 wounded in Hebron. Immediately, three West Bank leaders: Mr. Kawasme, Mayor of Hebron, Mr. Milhem, Mayor of Halhul, and Sheikh Tamimi were expelled to Lebanon. The expulsion was reported to be part of a new hard line policy towards the inhabitants of the territories, although Mr. Wiezman, Defense Minister, declared that "the get-tough policy adopted by the Military Government in response to Friday evening's terrorist attack will be restricted to the Hebron area". A 24-hour curfew was imposed, which was gradually lifted after two weeks and completely lifted by the end of the month. Three buildings, including 16 shops the immediate vicinity of the incident, were destroyed (see para. 163). (Asha'b, Ha'aretz, Jerusalem Post and Yediot Aharonot, 4 May; Al Hamishmar, Davar and Yediot Aharonot, 5 May; Al Ittihad and Ha'aretz, 6 May: Jerusalem Post, 7 May, Asha'b, Ha'aretz and Jerusalem Post, 11 May; Asha'b, 12 May; Jerusalem Post 13 and 14 May; Ha'aretz, 16 and 19 May; Asha'b, 30 May 1980)

171. Apart from the Hebron and Anabta area, shorter curfews were reported in Nur Ashans refugee camp (Tulkarem), A-Deheysha refugee camp, (Bethlehem), Bethlehem, Nablus, Zin Yabrud, Zabiriya, Jebaliya refugee camp (northern Gaza) and Ain Al Sultan refugee camp (Jericho). Most curfews were imposed after stone throwing and throwing of incendiary bottles. (Ha'aretz, 5 May; (Ha'aretz and Jerusalem Post, 6 May; Ha'aretz, 8 May; Al Ittihad and Jerusalem Post, 9 May; Ha'aretz and Jerusalem Post, 15 may; Al Quds, Asha'b and Jerusalem Post, 18 May: Asha'b, 20 May; Al Quds, 22 May; Al Ittihad, 23 May, Ha'aretz, 26 May; Al Quds, 28 May 1930)

(e) Measures affecting educational institutions

172. The closing of Abu Dis College, an institute of higher education, caused severe protests. Abu Dis is located within the West Bank boundaries, but close to Jerusalem. Abu Dis College was the first step towards that creation of an Arab University in East Jerusalem. The military Government ordered the institution to close within a fortnight and based its decision on redundancy: "there are 13 institutes for higher education: 3 universities, 5 teacher-training colleges, 3 colleges for Islamic Studies, a polytechnic institute and a college for pre-medical studies". The order gave rise to demonstrations and student riots. Several dozen pupils from Ramallah, who demonstrated and rioted in the Jordanian Education Bureau were fined by a Military Court. (The Special Committee received a communication on this matter from the Mayor of Jerusalem in exile, Rouhi El-Khatib, see A/AC.145/R.192.) (Ha'aretz, 17, 20 March 1980; 17, Davar, 19 March 1980; Asha'b, 18 March 1980; Jerusalem Post, 20 March 1980)

173. The Israeli Military Court in Khan Yunis (Gaza) closed down until further notice the only school in Abbasan village, because of student protest against the normalization of relations between Egypt and Israel. (Asha'b, 10 March 1980)

174. A dozen students from Bir-Zeit University were summoned daily by the Military Government for questioning. Mrs. Langer, a lawyer, sent a note to the Legal Adviser of the Military Government of the West Bank, in which she protested against the arbitrary measures taken against students and lecturers of Bir-Zeit University. In some instances torture was inflicted upon the students. (Yediot Aharonot, 11 March 1980; Al Ittihad, 18 March 1980)

175. Soldiers broke into the premises of the United Nations Relief and Works Agency Teachers College in Ramallah, beat up students, wounded 24, of whom 15 had to be hospitalized for stab wounds and broken arms and legs. The Military Government denied that the soldiers had used knives, but were unable to explain how the students got stabbed. (Al Hamishmar, Davar and Yediot Aharonot, 10 April; Al Ittihad and Asha'b, 11 April 1980)

176. On 14 April, students of Abu Dis College claimed they were being harassed by the Military authorities of Bethlehem. They complained about recurring arrests and interrogation. (Davar and Ha'aretz, 14 April 1980)

177. Dr. Izat Ghurany, Deputy President of Bir-Zeit University, stated that the Military Government had carried out searches among the student community and had beaten up some of the students after they were forced to run through the streets of Bir-Zeit. Thirty students were arrested, but were later released; two members of the University Students' Committee are still held. Military sources denied the arrests and the allegations of harassment and beating (Asha'b and Ha'aretz 13 April 1980)

178. Dr. Baramky, Dean of Bir-Zeit University revealed that a group of 200 soldiers encircled Bir-Zeit University on 10 April, fired at the students and threw tear-gas grenades at them. The soldiers broke into the University research centers and 3 students were arrested and released after they were violently beaten. On the night of 12 April, army units raided many homes of Bir-Zeit University students. (Asha'b, 16 April 1980)

179. On 9 April, the occupation authorities prevented West Bank mayors and Bir-Zeit students from reaching a sit-in at Abu Dis Science College. (Asha'b, 16 April 1980)

180. "Safa" secondary school in the village of Beit-Ur et Tahta, on the Ramallah-Latrun road, was ordered to close down until further notice, following recurrent stone throwing incidents. (Ha'aretz and Davar, 14 April 1980)

181. The Bethlehem Military Governor did not renew the visitors permits of Professor Ahmed Saidan; Dr. Wasfi Kafri and Dr. Mohammed Natshe, who were all lecturing at the recently closed Abu-Dis College. According to one report, expulsion decrees were issued against them. Bir Zeit University, according to its Dean, Dr. Baramky, would remain closed until the last week of April due to the latest events. 13/ (Jerusalem Post, 15 April; Ha'aretz, Jerusalem Post and Zu Haderech 16 April 1980) (A/AC.145/RT.306)

182. Bir-Zeit University students were prevented from coming to and leaving the University by the Military authorities. (Asha'b, 1 May 1980)

183. The Military Government advised school directors in Bethlehem, Beit-Sahur and Al Kadr not to permit the students to enter their classes, before going to the Military Government headquarters. (Asha'b, 1 May 1980)

184. Due to the curfews in several villages in the West Bank about 25 per cent of the students were prevented from sitting for matriculation examinations. (Asha'b, 12 and 13 May 1980)

185. In his testimony before the Special Committee Mr. Milhem confirmed the interference by the occupation authorities in the education of students in the occupied territories (A/AC.145/RT.305).

186. The Bethlehem municipality followed the case of 21 students, who were detained daily for several hours by the Israeli authorities, who held them under arrest for 48 hours before bringing them to trial. (Asha'b, 4 April 1980)

187. The Israeli authorities released 19 students from Bethlehem University and the Hebron Polytechnical school out of a group of 24 students, who had been detained for 6 consecutive days from 7 a.m. to 8 p.m. while undergoing humiliating treatment. (Asha'b, 16 April 1980)

188. Mrs. Felicia Langer explained to the Defence Minister, Mr. Weizman, about the ill-treatment of Bir-Zeit students Issam Abdullah Ali Al-Haj, Hassan Abdullah Shtiwi and Mufid Yussuf Mahmud Abd Rabbu, who were arrested on 11 April. Mrs. Langer visited Abd Rabbu in Ramallah prison and saw injuries inflicted upon his back by beating with the butts of a soldier's weapon. These students were subsequently released. (Asha'b, 21 April; Al Ittihad, 22 April; Asha'b, 29 April 1980)

189. The Military authorities undertook punitive measures against the students of Iskandar Al Khury school in Beit Jala. Seventy-three students from this school had been prevented from going back to school, because of their absence on Palestinian Prison Day. (Al Quds, 26 April; Asha'b, 27 April 1980)

190. The students of the Bethlehem area, in particular those of A-Deheysha camp, who were enrolled in Lebanese universities were prevented from leaving the country. (Asha'b, 16 June 1980)

3. Activities of Israeli settlers

191. A number of reports concerned activities undertaken by settlers to dramatize their claims for additional property to that allotted to their settlements. The Israeli army was called in to force back into their compound the settlers of Tekoa, south of Hebron, in early October. Later, settlers from 20 settlements decided to continue to press for more land at a meeting organized at the Ofra settlement, and they also decided to appeal for an additional 200,000 dunams (200 sq km) for settlement purposes. The settlers at Kdumim undertook a "land-seizing" operation on the following day and withdrew two days later after the army took up position to evacuate them. Two days later settlers announced their intention to intensify the confrontation with the authorities for the acquisition of more land. On 15 October a "settle-in" was organized on the West Bank on 30 spots. Similar activities were undertaken later in connection with the aftermath of the High Court of Justice judgement on the Eilon Moreh settlement. (Jerusalem Post, 7, 10, 12 October 1979; Ha'aretz, 8, 11, 12, 14 October; Al Quds and Asha'b, 8 and 12 October 1979)

192. In late November incidents were reported involving armed Jewish youths who attacked a school at Jalazoun refugee camp after they had been pelted with stones as they were near the refugee camp. A similar incident occurred in mid-December in the same area and late in December another similar incident involving Kiryat Arba settlers occurred in Halhul. Later in December reports appeared of protest by Yamit settlers at their evacuation and eventual relocation. (Jerusalem Post, 6 November, 17, 20 and 27 December 1979; Yediot Aharonot, 28 November 1979)

193. Four families and 10 individuals were forcibly evacuated from the Eilon Moreh site after they refused to move to Jebel Kabir on the instructions of the Nablus Military Governor in compliance with the decision of the High Court of Justice. (Ha'aretz, 1 and 4 February; Jerusalem Post, 4 February 1980)

194. An elderly civilian inhabitant of Hebron was reported to have been assaulted in his home by three Israeli settlers from Kiryat Arba, during the curfew in Hebron. Hospitalized, Jadallah Abael Rahman Al-Jabari was also reported to have been blinded in one eye as a result of the attack on him. (Asha'b, 11 February 1980)

195. In this connection, Mr. Kawasme described the behavior of Israeli soldiers during the curfew imposed on Hebron in February. They attacked the houses of a number of families. Mr. Kawasme stated that, upon an investigation by him and three members of the Knesset, they found inside the house broken furniture and smashed windows, an elderly woman who had been beaten and a stick belonging to an Israeli soldier which had been broken on her back. Moreover, 50 traders and shopkeepers had been arrested, among them Mr. El Haj Mahmoud (85) and Mr. Kassim Hassoud (55), because they were suspected of knowing the killer of the Israeli settler, Mr. Soloma. (A/AC.145/RT.303)

196. Israeli settlers from the Beit Horon settlement were reported to have forced their way into the Beit Ur village school (Ramallah district) causing severe damage to the building. (Al Quds, 22 February 1980)

197. Thirty families from Kiryat Arba tried to invade Hebron after the army had evacuated the "Romano House"; armed presence was seen as a "legal title to resettlement in Hebron by the Jewish activists. Inhabitants of Kiryat Arba decided to increase protest pickets in Hebron and to organize other rallies of protest against the current governmental deadlock on resettlement. (Ha'aretz, 11, 17, 18, 24 and 25 February 1980; Ma'ariv, 13 February 1980)

198. On 26 February, a rampage by Israeli settlers took place in Halhul. According to evidence given by Halhul inhabitants, they caused damage to 27 cars. The Police arrested 3 Israeli settlers from Kiryat Arba, members of Rabbi Kahanels Kach Movement, suspected of being involved in this act. In his testimony before the Special Committee, Mr. Milhem, referred to a similar incident in December 1979 in which 42 cars were smashed. (Jerusalem Post, 27, 29 February; Ha'aretz, 28 February; Yediot Aharonot, 28 February) (A/AC.145/RT-305)

199. Some 60 members of Gush Emunim, former residents of Yamit, attempted to establish a new settlement, called Atzmona B or "Hatzeron", several hundred kilometers from the Atzmona settlement, which was established illegally in Sinai one year ago. Soldiers evicted the settlers. (Yediot Aharonot, 18, 19, 24 and 25 March 1980; Ha'aretz, 25 March 1980)

200. Forty thousand people participated in a Gush Emunim march through the West Bank from the Gibon settlement (south-west, of Jerusalem) to Ramat Eshkol, north of Jerusalem. The march was organized to demand the application of Israeli sovereignty in the West Bank. (Davar and Yediot Aharonot, 22 April 1980)

201. Dozens of West Bank settlers broke into the National Religious Party headquarters to back their demands for legislation to secure the legal status of the settlements. (Jerusalem Post, 15 April 1980)

202. West Bank settlers occupied the home of the Religious Affairs Minister, Mr. Abuhatzeira, in order to press for more land. (Jerusalem Post, 16 April 1980)

203. Rabbi Levinger, leader of the Israeli settlement in Hebron, entered the Suniyah mosque in Hebron without removing his shoes. This act provoked Moslems, and Levinger was summoned to the Military Government in Hebron for clarification after Mayor Kawasme and other residents complained about his behaviour. (Davar and Ha'aretz, 4 April 1980; Zu Haderek, 9 April 1980)

204. Settlers from the neighborhood harassed Jalzun camp residents by shattering window panes of houses and setting fire to cars. (Ha'aretz, 10 April 1980)

205. The Military Government in Ramallah charged 10 Israeli settlers from Kiryat Arba with incitement and hostile activity in the occupied territories, including cutting open the fence surrounding Kiryat Arba, causing damage to a bus and disturbing soldiers in the exercise of their duties. (Yediot Aharonot, 16 April 1980)

206. Ahmed Turbails car was damaged by Jewish settlers in Ramallah, with damage estimated at 11 50,000 ($1,000). (Yediot Aharonot, 25 April 1980)

207. Settlers from Mount Samaria threatened to retaliate for damage done to a car belonging to the Kdumim settlement. Leaflets in Arabic were distributed in Nablus by inhabitants of neighboring settlements and stuck on parked cars stating that if they attempted to attack the settlers' cars or pelt them with stones, they would have their cars and house windows smashed. (Al Quds and Ma'ariv, 25 April 1980)

208. On 23 April, at night, settlers attacked Ramallah and El-Bireh. One hundred and fifty cars had their windows smashed, dozens of house window panes were smashed in the rampage. Four settlers from Beit-El were arrested by the Ramallah police on suspicion of having perpetrated the acts in retaliation for the throwing of a hand grenade (which did not explode) and the recent stone throwing at Israeli cars in the Ramallah region. The suspects were to remain in custody until their trial before a Military Court. The security forces were convinced that the window smashing was planned down to the last detail as a military operation and that at least 20 people took part in it. (Al Hamishmar, Al Quds and Ha'aretz, 25 April; Ha'aretz, 27 April; Asha'b, 28 April 1980)

209. The mayors of the Ramallah area held a protest meeting at the Ramallah town hall against the acts of sabotage by Jewish settlers. At the meeting, a number of decisions were taken, e.g. (a) to reserve the right to protection by all possible means; (b) to organize a convoy of damaged cars in West Jerusalem; (c) to impose an economic boycott by "Palestinian workers in Zionist factories (d) to impose a general boycott on settlers and settlements; and (e) to hold a three-day transport strike. Participants at the meeting were firmly asked to leave the building by the military authorities, and Mr. Khalaf, Mayor of Ramallah, was summoned to the Judea and Samaria Commander's office and requested to annul the decisions taken at the meeting. Mr. Khalaf said he was threatened with arrest and deportation if he did not annul these decisions. (Ha'aretz, 25 April 1980)

210. Rabbi Meir Kahane and five members of the Kach movement came to Ramallah and distributed leaflets calling on the local population to emigrate. In the clash that followed five people were injured. Kahane was arrested and charged with causing disturbances and taken to the detention center at the Russian Compound in Jerusalem. He was later on released on bail. (Al Hamishmar, Asha'b, Davar, Ha'aretz, Jerusalem Post and Yediot Aharonot, 29 April; Al Quds, Asha'b, Ha'aretz and Jerusalem Post, 30 April 1980)

211. Two settlers chased youths in the streets of Bir-Zeit on 29 April and shot in the air. (Asha'b, 30 April 1980)

212. In Kfar Assyem a group of Jewish settlers attacked farmers who were working on their land in the village of Nahaleen. The settlers were armed and used cudgels to beat the farmers, kicked them and maltreated them in order to force them to leave their work. They confiscated the identity card of one of the farmers and sent him to the Military Government of Bethlehem. (Asha'b, 30 April 1980)

213. Gush Emunim members went on a hunger strike opposite the Knesset; the purpose of the hunger strike was to dramatize their demand for a change in the law on the land in the occupied territories and to influence the Government's policy. On 3 April 4,000 settlers from the occupied territories staged a march in Jerusalem to express solidarity with the hunger strikers. The strike was ended after 411 days after the strikers received a commitment that 120,000 dunams (120 sq. km.) of land would be expropriated in the mountainous area of the West Bank for settlements purposes. (Jerusalem Post, 2 April, 4 May; Yediot Aharonot, 4 April, 4 May; Ha'aretz and Jerusalem Post, 24 April; Al Hamishmar, 30 April 1980; Davar, 4 and 5 May; Al Hamishmar, 4 May)

214. After the Hebron murder a large number of settlers from Kiryat Arba attacked houses, smashed windows and opened fire at random. The windows of 30 cars belonging to Arab residents of Hebron were smashed, and a shop was set on fire. Participants in Eli Hazeev's funeral, who was killed in the Hebron attack, broke into Sheikh Mohammed Al Jaabari's residence and smashed window panes. (Ha'aretz, 4 May; Ha'aretz and Jerusalem Post, 5 May; Al Hamishmar, Asha'b, Davar, Ha'aretz, Jerusalem Post and Yediot Aharonot, 6 May; Ha'aretz and Jerusalem Post, 7 May; Ha'aretz, 8 May, Al Quds and Asha'b, 19 May 1980)

215. In the area of Attalibya, a group of Jewish youths attacked a Beit Jala bus smashing its windows. (Al Quds, 8 May 1980)

216. Two hundred representatives of West Bank Israeli settlements decided to set up security committees to create a security infrastructure separate from that of the Central Security Committee. These committees would co-ordinate the operations of the local committees and the settlers were under an obligation to report every act of disobedience, incitement, stone throwing or rioting as well as every case in which the security forces failed to act efficiently due to "restrictive instructions from above". A Knesset member, Mr. Toledano, warned that this decision was in fact Gush Emunim's first step towards the creation of its own army. (Jerusalem Post, 5 May; Al Ittihad, Asha'b, Ha'aretz and Jerusalem Post, 9 May; Al Quds, 10 May 1980)

217. Settlers from the West Bank settlements regularly carried out, in the framework of their Reserve Military Service, police action checks in roadblocks and searches in local residents' houses. This policy was part of a new conception, initiated by Chief of Staff, Mr. Raphael Eitan, according to which every settlement is a "confrontation (or front line) locality". (Ha'aretz, 16 May 1980)

218. Gush Emunim staged a settlement operation in order to protest against the government decision to approve the recommendations of the ministerial committee to allocate to 'lest Bank settlements only government lands and lands whose ownership had not been established. (Ha'aretz, 29 May 1980)

219. Israeli settlers tried to break into and set fire to the Al-Hambali mosque in Nablus, and covered its walls with signs reported to be provocative and insulting. (Asha'b and Ha'aretz, 1-5 May; Asha'b, 20 May; Al Quds, 22 May, Asha'b, 28 May 1980)

220. Following the attempt on the lives of the Mayors of Nablus, Ramallah and El-Bireh, an unknown organization, describing itself as "Fighters for the Freedom of Israel ... Terror against Terror" claimed responsibility for the attack. (Jerusalem Post, 4 June 1980)

221. Kiryat Arba settlers kidnapped a Hebron resident, interrogated him, claiming that he was a member of a Palestinian organization, and subsequently released him. (Asha'b, 6 June 1980)

222. A Supreme Court Justice rejected Rabbi Kahane's appeal against the administrative detention order issued against him on the basis that judicial review under the Emergency Powers Law could not be compared to review in a normal criminal procedure. (Jerusalem Post, 8 June 1980)

C. Information on the situation of detainees in the occupied territories

223. A security detainee died in Beersheba prison in late December 1979. The prisoner, Yassir Abdel-Razik Falour, was reported to have died suddenly on 19 December 1979 after complaining of stomach cramps. A commission of inquiry headed by a doctor was to investigate the cause of death. The deceased was 29 years old and had been arrested 8 years earlier. (Jerusalem Post, 24 December 1979)

224. According to a report appearing in Le Monde on 9 October 1979, over 5,000 Palestinian detainees in the West Bank and Gaza had started a hunger strike on 7 October in protest against harassment (in French "vexation") to which they are subjected by the Israeli authorities. (Le Monde, 9 October 1979)

225. Mothers of security prisoners in Israeli prisons started a sit-in at the Jerusalem offices of the International Committee of the Red Cross (ICRC) in protest against the inhuman conditions, in particular in Beersheba prison. (Ha'aretz, 11 October 1979)

226. According to another report, families of prisoners demonstrated on two occasions at the ICRC Jerusalem offices in protest against conditions in Israeli prisons. The families claimed that prisoners were on hunger strike to improve prison conditions. The military spokesman issued a statement denying that security prisoners had been injured during disturbances at the Beersheba prison. A similar denial was issued by the Prison Service. (Jerusalem Post, 12 October 1979)

227. In the course of a trial, the accused, Asaa Tawfik Shaban from Al Halja village near Jenin, alleged that his confession had been obtained as a result of brutal torture to which he was subjected after his arrest in April. His trial started on 8 October 1979; his lawyer, Mrs. Felicia Langer, requested a psychiatric examination to determine the accused's fitness to appear before the Court. (Al Ittihad, 23 October 1979)

228. A lawyer, Mr. Walid Fahoum, protested against the conduct of prison authorities in interfering with his visit to prison to his clients. He is reported to have complained that he was deprived of the freedom to communicate with his clients. In another development, it was reported that severe prison conditions were imposed at Shatta prison subsequent to the discovery, two months ago, of an attempted escape. Health conditions were reported to be worsening in the prisons, and several prisoners, particularly those transferred to Shatta following the December 1976 strike at Ashkelon, were alleged to be the victims of ill treatment in that they were being denied adequate medical attention. Other complaints of ill treatment and of other prison conditions were also reported. Mr. Mohammed Bseiso and Abd El Aziz Shahin complained to Mrs. Langer at Shatta prison in October 1979 of severe prison conditions and of deterioration in their health. They were reported to have been detained in extremely poor conditions for over five weeks and after ICRC intervention they were detained in another cell but that led to no improvement. (Al Ittihad, 23 and 30 October 1979)

229. Mr. Bseiso, who was released on 21 February 1980 appeared before the Special Committee on 19 and 20 May 1980 and gave a description of the conditions of his detention and corroborated the details concerning him as reflected in the preceding paragraph. (A/AC.145/RT.294, 295 and 296)

230. Mr. Bseiso informed the Special Committee about the conditions in which he had been kept. He stated that Arab prisoners, particularly those serving prison sentences for security offences, were severely discriminated against, Jewish prisoners being given better conditions. He mentioned three categories of detention:
231. As to the difference in treatment between Arabs and persons convicted under ordinary law - the Jewish common law prisoners - he stressed the following points: 232. Mr. Bseiso described the ill-treatment he had received during his interrogation. He was kept in prison for two years before being brought to trial and eventually he was tried in a civil court (Beersheba) when he was sentenced to 15 years' imprisonment. Mr. Bseiso said: 233. A number of reports appearing in early December 1979 concerned a report by Amnesty International on conditions of security detainees and suspects held in detention. The Amnesty report was the subject of another report by a Sub-Committee of the Knesset Constitution Law and Justice Committee. The Chairman of this Committee, Mr. David Glass, was reported to have stated in his report "that there is prima facie evidence of torture of security suspects in the occupied territories by interrogators and warders". According to the authors of the report, "there is sufficient evidence for conducting a public enquiry on this matter". The Amnesty report is quoted as stating that "Despite official Israeli denials of torture allegations and the insistent recurrence of these allegations, Amnesty is seriously worried about the situation. While it is possible that Israel is right in maintaining that some of the allegations are false and were made in order to serve as a munition in a propaganda campaign, it is also true that the Israeli contentions are contradictory, unconvincing and do not seriously impair these allegations." According to one report, an Amnesty International delegation visited Israel in June 1979 to examine detention conditions; the delegation had met with detainees and prisoners in various prisons as well as with released prisoners and Government representatives. The report is quoted as stating that Israeli authorities were unable to deny that suspects were left alone with their interrogators for long periods and that the possibility of committing torture was therefore greater. Due to the absence of outside supervision it was quite possible that detainees were tortured during interrogations. The report recommended the setting up of art independent commission of inquiry to look into these allegations. The Office of the State Attorney was reportedly preparing replies to the Amnesty International report and, therefore, the Knesset Sub-Committee did not discuss the allegations themselves. According to one report Mr. Gabriel Bach, State Attorney, informed the Sub-Committee members that according to Red Cross estimates, Only 5 per cent of complaints by detainees deserved any consideration. (Ha'aretz, 3 and 4 December 1979; Jerusalem Post, 4 December 1979)

234. The case of Ali Rajab was reported in January 1980. He had been arrested on 15 November 1979 and has been detained in a cell in Hebron since then. About a Year ago, members of Shin Beit arrested his father who has since disappeared. His mother was also detained in Hebron on a charge of meeting a PLO man in Amman, and has six more children at home without support. (Al Ittihad, 15 January 1980)

235. Mazin Muhammad Darduk from Nablus had been held under detention pending investigation since October 1979, and the military authorities decided to hold him under detention from 6 January 1980 onwards. His lawyer, Mr. Walia Fahum, asked the Military Court secretariat in Ramallah to instruct the Court to convene in accordance with the new procedures pertaining to administrative detention; under these regulations detention should be reconsidered at least every three months by a Military judge. (Al Ittihad, 29 January 1980)

236. Radio Israel was reported as stating that 2,700 Palestinian detainees were being held in Israeli prisons. The inauguration of a new prison in the Negev, to house 115 Palestinians, was also announced. (Al Quds, 22 February 1980)

237. Families of security prisoners staged sit-in strikes at the Red Cross Office in East Jerusalem to protest against deterioration in prison conditions. (Ha'aretz, 6 February 1980)

238. A number of reports during February and thereafter gave information on the case of Nader Al Afoory, an administrative detainee for over two and a half years. Several allegations had been received by the Special Committee to the effect that he had become mentally ill as a result of his interrogation and detention. In 1975 he had been sentenced to three years in prison for membership in the Popular Front for the Liberation of Palestine. He was arrested again several months after his release. A few days after entering Nablus jail, Mr. Al Afoory stopped speaking to the prison staff but behaved normally with other inmates. In September 1978 he was examined for the first time and the psychiatric findings were that he did not suffer from a mental illness that required treatment. Six months later he was admitted to Beer Yaacov hospital and it was established that "he passed from a state of voluntary isolation from his environment to a state of hysterical psychosis". For that reason he was transferred to Ramle Jail. In October 1979 he was examined by a doctor on behalf of Amnesty International, who corroborated the results of the examination made at the Beer-Yaacov hospital. Mrs. Felicia Langer, who visited Mr. Al Afoory in Nablus prison during June/July 1979, noted that he had cigarette burns on his forehead and arm and she filed a complaint with the prison authorities, to which she did not receive a reply. In December/January, Mrs. Langer saw Mr. Al Afoory, this time carried in a wheelchair. She emphasized that Mr. Al Afoory had been a healthy and sound man when he entered prison. Mr. Al Afoory was released in mid-February and he was transferred directly to a mental hospital in Bethlehem. (Al Quds and Asha'b, 15 February; Ha'aretz, 17 February; Al Quds, Asha'b, Jerusalem Post, Ma'ariv, Yediot Aharonot and Ha'aretz, 19 February; Asha'b, 24 February 1980)

239. In his testimony before the Special Committee, Mr. Kawasme stated that he had visited Nader Al Afoory in the Psychiatric Hospital in Bethlehem. Although he did not know him previously, he confirmed that Al Afoory was mentally deranged and still very ill. (A/AC.145/RT.304)

240. The number of prisoners held in Israeli prisons was reported to stand at 6,000; this included 2,800 security prisoners. (Ha'aretz, 9 March; Yediot Aharonot, 13 March 1980)

241. In Jenin prison 17 prisoners were held from the Golan Plateau, who suffered from lethal diseases caused by harsh prison conditions and malnutrition. (Asha'b, 5 March 1980)

242. The Prisons Service began to transfer security prisoners from Ramle prison to other prisons in southern Israel. In spite of this transfer, overcrowding in Ramle prison was a serious matter. The normal capacity of this prison was 450 inmates, and at the time it accommodated 700 prisoners. Five to 10 new prisoners sentenced to terms of five years or more entered each week. The Director of Ramle prison, Mr. David Pery, said that a calm atmosphere was prevailing and that there was a sharp decrease of incidents between inmates. (Yediot Aharonot, 13 March 1980)

243. The Prison Service Commissioner, Mr. Levy, according to one report, called the prison conditions in Israel worse than anywhere in the western world; other reporters quoted him as saying "the life conditions of the prisoners are shameful". Ramle prison is designed for prisoners sentenced to prison terms of over five years. Some 150 of the inmates were serving life sentences and some 130 were serving terms of 20 years or more. A productive occupation has only been found for 120 prisoners and 80 others are occupied in service activities. The "humane" ward referred to as the "Hilton" has 74 prisoners, who are kept in narrow two-bed cells. In the rest of the cells prisoners lack minimal living space. Many of the prisoners complained about their condition in Ramle prison, claiming that only animals could live the way they were living. In the prison's most guarded section, 28 prisoners were kept in a cell intended for a maximum of 18 men. (Jerusalem Post and Ha'aretz, 18 March 1980; Asha'b, 19 March 1980)

244. Osama Khalil Sayegh from Bir-Zeit was arrested on 13 January 1980. Since that time he has been held in Ramallah prison. In order to wrest from him a confession on possession of arms, he has been tortured, was beaten on his genitals and was forced by the interrogators to stand handcuffed against the wall day and night. He was held by his hair and pulled around. He reportedly lived in solitary confinement. In an attempt to put more pressure on Osama Khalil Sayegh, his brother and parents were arrested soon after him on a charge of withholding information from the Israeli authorities. Mrs. Langer found Osama's mother in very bad health and psychological condition. She sued the Legal Adviser of the Military Government in the West Bank to release the detainees immediately. Although it was expected to bring Mrs. Sayegh before the Court, she was released on 13 March. (Al Ittihad, 7 and 14 March 1980)

245. Hasan Mustafa Abd-Al Hafiz Shahin from Salfit is also detained in Ramallah prison. He was arrested on 30 January 1980 on a charge of being a member in the Saiqa wing of the PLO. His condition is worse than that of Mr. Sayegh and the representative of the Red Cross, who visited him, requested that he should undergo Medical surgery. He has been beaten, in particular on his genitals and had to endure cold showers and standing against walls for 48 hours once a week. He is kept in solitary confinement. (Al Ittihad, 7 March 1980)

246. Mazen Mohammed Ibrahim Dardouk (23) from Nablus was arrested on 14 October 1979, and on 6 January 1980 the authorities changed his status to an administrative detainee for another six months. Mr. Dardouk suffers from rheumatism and is not able to stand on his feet. (Asha'b, 14 March 1980)

247. Mr. Shawki Sherif Al Shahrour, who is detained in Ashkelon prison, is suffering from stomach ulcers, sciatica and an illness in the spinal column. Mr. Shahrour has been a detainee since 1969 and was sentenced to life imprisonment. His general situation is worsening and his life is in danger. (Asha'b, 24 March 1980)

248. The Emergency Regulations governing administrative detention in force since the British Mandate are soon to be modified by a military decree applying certain provisions of the recently enacted Israeli Law "Emergency Powers Detention and Miscellaneous Provisions". Government sources clarified that the law was being extended to the West Bank and to the Gaza Strip, mutatis mutandis, that was in accordance with the legal framework applying to these territories. Since Israel's standing was that of a "belligerent occupant" under international law, neither the Defense Minister nor an Israeli Judge had any standing there. The effect was to make the Military Governor of "Judea and Samaria" or the Gaza Strip responsible for issuing the administrative detention order instead of the local Military Governor as was the case under the old regulations. In addition, the 48-hour review would be done by a Military Judge and the appeal would be to the President of the Military Court. The period of detention was limited to six months and, this had to be reviewed by a Judge every three months. Under the old provisions detention could be ordered up to a year, and this was automatically renewable. (Jerusalem Post, 13 February 1980)

249. Mrs. Langer protested to the Military Government against torture inflicted upon five administrative detainees held in Gaza prison since last July. Ali Mahmud Khalis, Salem Hussein Abu Miri, Nazir Hussein Sanirg Atiah Maqaata and Fathi Al Masri, according to one report, refused an offer of release on the condition that they leave the country. When their cases were reviewed by the Military Appeal Committee on 30 March, Atiah Maqaata said that the interrogators split his eardrum and Nazir Sanur complained about the inhuman conditions of his detention as he was detained in a narrow unlit cell and added that part of his hair was shaved to humiliate him. (Zu Haderek, 9 April; Asha'b, 16 April 1980)

250. Prisoners in Beersheba prison went on strike on 13 April to protest against "inhuman conditions and lack of medical care". They complained about their confinement in extremely limited space, to an area not larger than their body, and about bad food. (Asha'b, 16 April; Al Ittihad, 29 April; Asha'b, 30 April 1980)

251. Mustafa Smarah, held in Beersheba prison, became paralyzed after prison authorities refused to transfer him to a hospital for an operation. (Zu Haderek and Asha'b, 16 April 1980)

252. On 13 April, the Military Appeal Committee in the central prison of Nablus examined the cases of nine persons from the Nablus area held under administrative detention according to the new law on administrative detention in the territories. Twenty cases were considered; five were released. (Al Ittihad, 25 April; Asha'b, 27 April 1980)

253. Masen Mahmud Darduk, under administrative detention since 6 January, remained under detention. During the examination of the case the Military Commander issued a new order of administrative detention against him for a period of 96 hours thus depriving him of the rights of defense during the session. After this period the Military Court on 16 April 1980 approved an order to extend his detention for another three months. (Al Ittihad, 25 April; Asha'b, 27 April 1980)

254. Ali Mahmud Hassan Halis, Salem Hussein Abu Miri, Nazir Hussein Abdullah Sanwar, and Fathi Al Masri went on a hunger strike to protest their imprisonment without any charge brought against them. They have been under detention since the middle of last year and their detention was extended by six months last month. Halis was interrogated for five months. He was reported to have been subjected to torture; his two brothers and parents were detained for 48 days. Fathi Al Masri was the victim of psychological pressure. (Asha'b, 13 and 18 May; Al Ittihad, 23 May; Asha'b, 25 May 1980)

255. Attorney Walid Fahum submitted information about the new "Nafha" prison on the desert road between Beersheba and Eilat, 8 kilometres from the Mitzpe Ramon settlement, to which a great number of prisoners from various prisons had been transferred. The prison was built, according to Mr. Fahum, to isolate the main leadership. The living conditions in this prison were abhorrent. There was a "punishment cell" not larger than 18 meters square, with 10 mattresses for 10 prisoners and a toilet alongside the sink. The prisoners were obliged to spend 23 hours a day together. Mr. Fahum mentioned the cases of two persons who had recently transferred to this prison: Abdullah Al Ajrami (44) from Gaza, who has been detained since 1967 to serve a 20 year prison sentence, and Abdel Razeh Qatb (33) from Arab Jerusalem, who is also sentenced to 20 years imprisonment. The location of the prison, together with the austerity of nature in the desert, contributes to a further isolation of the prisoners from the rest of the world. (Al Ittihad, 23 May 1980)

256. The Special Committee took note of reports of the inauguration of a new prison called "Nafha" designated for security prisoners. It is located between Beersheba and Eilat, in the Negev, 8 kilometers from the Israeli settlement of Mitzpe Ramon. According to these reports, the prisoners sent to the "Nafha" prison from various prisons in Israel were chosen with great care. The main criteria for transfer were the duration of imprisonment (long-term prison terms or life-time sentences) and the danger that some prisoners might instigate others to riot (the "leaders"). Walid Fahum and Lea Tsemel, attorneys, who visited the prison recently, described the prison conditions as an abhorrent room of 3 by 6 metres, contained 10 mattresses; beds are considered dangerous as they could be used as weapons. Ceilings are low and windows are small and a toilet is fixed alongside a sink. The prisoners are compelled to live 23 hours a day together; twice a week the prisoners are allowed to walk for half an hour in a small closed courtyard of 5 by 15 meters. Felicia Langer, attorney, characterized the new prison as designed to break the prisoners - mentally and physically. Disturbances were reported in the prison in early July; these continued for a number of days. In addition, three prisoners, Ali Shahin, Ali Jaben and Mohammed Abdul Kadi, described as among the "leaders", had been transferred back to Shatta prison in an effort to restore order in the prison. All 74 security Prisoners declared a hunger strike on 14 July 1980. The Prison Service gave the following description of the prison conditions. Each cell has six large windows in the ceiling and the solid doors have a peephole. This kind of door is standard in prisons where long-term prisoners are held and cannot be changed. As to the charge of overcrowding, Prison Service spokesman, Mr. David Silberstein, replied that there are 7 to 10 prisoners in each 23 square meter cell. The prison was built to provide every prisoner with 2.7 square meters, compared to the average 2.5 square meters. (Al Quds, 10 May; Al Ittihad, 23 May: Asha'b, 1 June; Al Ittihad, 27 June; Jerusalem Post, 15, 21 July; Ha'aretz, 2, 9, 13, 15 and 18 July 1980; A/AC.145/R.201/Add.1)

257. According to several reports, most security prisoners sleep on the floor. On 6 June it was reported that the security prisoner Mohammad Daoud Darwish from Ashkelon prison petitioned the High Court on his prison conditions. The High Court instructed the Prison Commission to show cause within 30 days why a bed should not be supplied to the prisoner. As regards the allegation that security prisoners are discriminated against, in comparison with criminal prisoners, the Prison Commissioner, Mr. Haim Levy, is reported to have stated: "These people are in jail because they fought against the State. They continue the struggle from within. I consider them as a dangerous group. I have to ensure certain conditions in order to prevent any possibility of mass escape or uprising on their part. The security prisoners refuse to work, as they believe that by working they might help the "Zionist Economy", then they argue that we close. them in the cells for most of the day. It is true that they do not eat in a dining- room, that they sleep on mattresses, that they do not receive transistor radios and that they cannot watch television - all this is for security reasons. Their living space is not smaller than that of the criminal prisoners." (Ma'ariv, 6 June; Ha'aretz, 11 July; Jerusalem Post, 15 July)

258. The Prison Service Commissioner, Mr. Haim Levy, according to reports appearing in the month of March, considered prison conditions in Israeli prisons to be worse than anywhere in the western world. Mr. Levy subsequently is reported to have made his position clear orally and in writing with the Interior Minister, Mr. Burg, and senior ministry officials, claiming that despite budgetary cuts every effort must be made to prevent further deterioration. According to one report, tens of millions of shekels must be invested immediately to improve the prison conditions. The Prison Service spokesman, David Zilberman, stated that the average area provided for a prisoner is 2.6 square meters, compared to a minimum European standard of 8 square meters. Many prisoners sleep on the floor, because of insufficient room for beds. The Committee to examine the situation in the Israeli prisons, headed by Justice Max Kenneth, according to sources, was to submit a report containing grave findings about overcrowding in Israeli prisons, the physical conditions and the level of personnel employed by the Prison Service. (Jerusalem Post and Ha'aretz, 18 March; Asha'b, 19 March; Ha'aretz, 2 June; Jerusalem Post, 15 July 1980)

259. During the preparation of its report the Special Committee took note of the death of two prisoners as a result of a hunger strike in protest against their conditions of detention. (Jerusalem Post, 23 July; Tribune de Geneve, 25 July 1980)

D. Information on the consequences of the recourse to judicial remedies on
the human rights of the population of the occupied territories


1. Recourse against expropriation and seizure of Arab land


260. In October 1979, villagers from Al Kahdr near Bethlehem disputed the expropriation of 1,300 dunams on the grounds that it belonged to them. Later the same month, owners of 1,000 dunams (1 sq km) on Mount Eibal decided to petition the High Court of Justice, similarly, villagers from Tubas protested with regard to 1,200 dunams (1.2 sq km) that had been expropriated. The villagers of Salfit petitioned the High Court of Justice against expropriation of 3,500 dunams (3.5 sq km); this was the sixth appeal concerning various portions of this property; case was referred to a three-judge panel. (Jerusalem Post, 17 October and 9 November 1979; Al Quds, 24 October and 7 November 1979. Ha'aretz, 29 October, 6 and 9 November 1979; Al Ittihad, 30 October 1979; Asha'b, 8 November 1979; Ma'ariv, 29 November 1979)

261. The High Court of Justice, on 23 October 1979, unanimously rejected the basis of "Security grounds", for the expropriation of the property upon which the settlement of Eilon Moreh was established, it ordered the settlement to be dismantled and the evacuation of the property within 30 days. The Eilon Moreh affair returned to the High Court of Justice when 18 landowners of plots (total 500 dunams (0.5 sq km)) not included in the original application that led to the 22 October 1979 judgement, filed their application, through attorneys, Messrs. Zichroni and Khoury, to ask the Court to instruct the Government to show cause why it should not evacuate the Eilon Moreh settlers from their land. The applicants' main argument was that the Israeli Government neglected its responsibilities by not maintaining the rule of law and order in the territories and that the Government had no right to grant respites, especially as its status in the area, in their view, is that of a trespasser. (Al Ittihad, 23 October 1979; Ha'aretz, 23, 24 and 25 October 1979, Yediot Aharonot, 26 October 1979 and Ha'aretz, 8 January 1980)

262. On 8 January, Supreme Court Justice Witkon issued an order nisi instructing the Government to show cause, within 10 days, why it should not evacuate the applicants' land. In this connection the Eilon Moreh settlers asked the High Court of Justice to enable them to join the application of the Arab landowners. (Ha'aretz and Jerusalem Post, 9 January 1980; Ha'aretz, 10 and 11 January 1980; Jerusalem Post, 15 January 1980)

263. The settlers had asked for recognition to intervene as a third party because the Prime Minister and the Government had made a commitment to establish the Elan Moreh settlement and it was the Government's duty to make every effort to meet their obligations, including the legal and legitimate commitment to the High Court's ruling. (Asha'b, 17 January 1980)

264. At the end of January 1980, 25 inhabitants of Hebron/Givat Harsina, including Mayor Kawasme, submitted an application to the High Court concerning Porcelain Hill, claiming ownership of 500 dunams (0-5 sq km) of land. The High Court was asked to issue a temporary injunction in order to continue cultivation. The closing of the area was considered prejudicial to the Hebron municipality because it reduced its area of jurisdiction. Kiryat Arba, the submission stated, was established on an area that had been closed for military purposes; nevertheless the settlement was civilian. A fortiori, it followed that Porcelain Hill was a closed area for other than military purposes. (Ha'aretz and Jerusalem Post, 28 January; Ha'aretz, 29 January 1980)

265. The High Court rejected a petition for a temporary injunction against the expansion of Kiryat Arba brought by 24 residents of Hebron, including Mayor Kawasme, because in the opinion of the Court they had not brought prima facie evidence that they were the owners of some 600 dunams on Givat Harsina. The State-Attorney's representative undertook to halt further work on the disputed land for five days, giving the petitioners time to turn to a Military Appeals Committee dealing with the land ownership questions. The intention of the Government of Israel was to increase the population of Kiryat Arba from 3,000 to 10,000. The Chairman of the five Regional Councils (co-ordinating Israeli settlements) in the occupied territories discussed with the Prime Minister, Mr. Begin, a request that legal measures be taken to facilitate further settlement in the occupied areas and to prevent appeals to the High Court of Justice by Arab landowners. (Ha'aretz, Jerusalem Post, Asha'b, 28 January; Ha'aretz, 29 January; Ha'aretz, 10 February; Jerusalem Post, 11 February; Jerusalem Post and Yediot Aharonot, 20 February 1980)

266. On 19 February, the High Court of Justice directed the Arab landowners from Hebron and Bani Naim to the Military Appeal Committee after it had declared itself incompetent to decide on land ownership. The Military Appeal Committee decided to freeze all development activity as long as the question of ownership remained unsettled, by issuing a provisional injunction. The High Court had previously refused to accept as valid evidence documents submitted by Arab landowners concerning land ownership in Arud, Farah, Ehallat, Al-Sanosil, Habriyya and in Khallat-Al Dab. The final decision of the Military Appeal Committee ordered the resumption of work, except on 4 dunams (0.004 sq km) (out of 400) (0.4 sq km) that would be returned to their Arab owners. (Yediot Aharonot and Jerusalem Post, 4 March; Ha'aretz, 5, 7 and 9 March; Yediot Aharonot, 11 March; see also Ha'aretz, Asha'b and Jerusalem Post, 28 January; Ha'aretz, 29 January; Yediot Aharonot and Jerusalem Post, 20 February 1980)

267. Thirty-six landowners from Beit Hanina near Jerusalem submitted an application to the High Court against the decision of the Defense Minister to expropriate an area of cultivated land for the establishment of a new settlement. Two months earlier the Military Government had issued an "expropriation decree for public purposes" concerning an area 6,650 meters by 100 meters, which belonged to Beit Hanina. Two weeks earlier another decree restricted construction outside this area, at a distance of 200 meters of each side of the expropriated area. (Ha'aretz, Al Hamishmar and Davar, 21 March; Zu Haderech, 26 March 1980)

268. Inhabitants of Al Khadr village (Bethlehem) appealed to the High Court in order to attempt to stop the work on the recently confiscated 1,500 dunams (1.5 sq km) of land for the settlement of Efrat. The High Court of Justice heard a petition submitted by Mrs. Felicia Langer on behalf of 21 landowners from Al Khadr (Bethlehem) to instruct the Defense Minister and the Military Governor to rescind the decision to close some 700 dunams (0-7 sq km) of their lands. (Asha'b, 20 March; 4 and 14 May 1980; Ha'aretz, 5 May 1980; Jerusalem Post, 1 May 1980)

269. The Ramallah Teachers' Association petitioned the High Court against the cancellation of 24 construction permits for a housing project in the Qalandiya area (bordering Jerusalem) by the Military Government's Supreme Planning Council. The High Court of Justice issued an order-nisi instructing the Defense Minister, the Military Commander in the West Bank and the Military Government's planning bodies to show cause why they should not rescind their decision to freeze the housing project plan. (Ha'aretz, 5 May 1980)

270. The High Court of Justice referred a petition concerning land ownership in Givat Harsina, adjacent to Kiryat-Arba, to a Military Review Board in Hebron. (Jerusalem Post, 12 May 1980)

271. The Israeli High Court of Justice examined the case of 36 landowners from Beit Hanina whose land had been confiscated by the Military Government in conformity with Jordanian law, which authorized confiscation of land for public purposes. The judges requested the petitioners to appeal to the Military Government's High Planning Council, where they could explain their claims concerning the illegality of the confiscation according to international treaties. The landowners were given 14 days to refer their case to this committee, and, if the committee should recommend in the negative, they were again entitled to petition the High Court of Justice within three weeks after the issuance of those recommendations. The Court ordered the works to be stopped during that period, and all parties agreed on withdrawing the petition. (Asha'b, 13 May 1980)

272. The Jerusalem District Electricity Company decided to seek an injunction from the High Court of Justice in order to repeal the decision of the Israeli authorities to take over the Company and to withdraw the concession granted to it by January 1981. During early July the High Court of Justice instructed the Israeli Government to show cause within 45 days why it should not rescind its decision. (Jerusalem Post, Ha'aretz and Asha'b, 15 May 1980; and Jerusalem Post, 8 July 1980)

273. Eleven inhabitants of Jerusalem, Bethlehem and the village of Al Marasras in the Bethlehem district petitioned the High Court of Justice in connection with the expropriation of their land for the purpose of the Israeli settlement. (Ma'ariv, 27 May 1980)

274. In reply to an application by 21 villagers from Al Khadr near Bethlehem to the High Court against the expropriation of their lands the State Attorney stated that the State did not intend to expropriate private land in order to build the town of Efrat. (Ma'ariv, 19 June 1980)

275. On 25 June 1980, the High Court of Justice examined the action brought against the Israeli Government by the landowners from Beit Ummar, whose land (over 1,000 dunams (1 sq km)) had been confiscated for the Migdal Oz settlement. In its reply, the Government admitted that the land was the legal property of its owners, who refused compensation for it. (Al Quds, 26 June 1980)

2. Recourse against demolition and sealing up of houses


276. A report appearing on 8 November 1979 stated that the Supreme Court of Israel rejected a petition by an Arab woman from the village of Abwair in the Ramall against a decision of the military authorities to seal her house and to ban her from entering it. The mother of a security prisoner, Juma Othman, who was accused of sheltering another young man, Jamal Yasin, who was being sought by Israeli Intelligence, the woman had pleaded that she had nothing to do with her son's activities and that, in any event, several other persons had been accused of sheltering Yasin but their houses had neither been sealed nor demolished. (Asha'b, 8 November 1979)

3. Recourse against expulsion


277. The High Court of Justice, on Friday, 1 February 1980, issued a temporary injunction against the expulsion of a civilian inhabitant of the West Bank whom the Military Government reportedly had sought to banish for several years. Amina Rashid Mahmud. Al Sarna appealed to the High Court on behalf of her husband Said, then being held in Ramallah prison. (Jerusalem Post, 4 February 1980)

278. The High Court of Justice issued an interim injunction against the expulsion of Ibrahim Jamil A-Dakak, Chairman of the Engineers Union in the West Bank, Mr. George Youssef Hazboun, Deputy Mayor of Bethlehem, Dr. Ahmed Hamze A-Natshe, from Hebron and Jiryis Khoury, Chairman of the Lawyers Union in the West Dank. (Ha'aretz, Yediot Aharonot, Davar, Al Hamishmar, Asha'b, Al Ittihad, 6 May 1980; Zu Haderek, 7 May 1980)

279. On 14 May Attorney Felicia Langer filed a petition with the High Court of Justice on behalf of Mrs. Yusra Kassem Al Kawasme, Mrs. Nuhad Hamdan Milhem. and Mrs. Mariam Suleiman Katrawi and on behalf of the Mayors Fahed Al Kawasme and Mohammad Milhem and Sheikh Rajab Al Tamimi, requesting the Court to issue an order nisi against the Defense Minister and the Judea and Samaria Commander, Mr. Ben Eliezer, to instruct them to show cause why they should not forthwith cancel the deportation orders which were issued against the applicants on 2 May 1980.

280. Supreme Court Justice Moshe Beisky referred the application to a panel of three judges and invited the Government's Legal Adviser to appear before it in order to explain the reasons for the deportation.

281. On 20 May, the High Court of Justice issued an order-nisi instructing the Defense Minister and the Judea and Samaria Commander to show cause within 45 days why they should not cancel the deportation orders against the Mayors of Hebron and Halhul and the Kadi of Hebron. The State Attorney, Mr. Gabriel Bach, admitted that the deportation order was carried out in a way that excluded, in fact, any possibility of turning to the Objections Committee". He nevertheless pointed out that "the deportation orders are legal and were signed and issued in pursuance of sound consideration". Mr. Bach stressed that "the military authorities' deportation decision was not based upon material supplied by the Intelligence Services, but upon the men's pronouncements before and after the deportation". On the fact that these three men were allegedly invited for an interview with the Defense Minister and not informed about their right to turn to the Objections Committee, Presiding Judge Justice Cohen commented: "This is a false presentation ... since the beginning of 1948 the High Court of Justice has been saying that, so long as the Committee was non-existent and inoperative, the order was to no effect". (The application is presently sub judice). The proceedings continued up to 11 July 1980 when the High Court deferred its decision after hearing the parties. (Asha'b, 12, 15, 20, 21 May 1980; Jerusalem Post, 15, 22 May 1980; Al Quds, 2l May 1980; Ha'aretz, 15, 22 May 1980; Asha'b, 27 June; Ha'aretz, Al Quds, and Jerusalem Post, 30 June; Jerusalem Post, 4, and 13 July; Al Ittihad, 4 July; Yediot Aharonot, 7 July 1980).

4. Recourse against ill-treatment and inhuman prison conditions


282. Two policemen, one a settler from Kiryat Arba, were sentenced to two years and one year imprisonment for "sadistic acts of the first order" by the Jerusalem District Court. Mr. Aharon Michaelli, 28, and Shimmon Grisario, 29, were convicted of sadistically maltreating and physically "using a murder suspect during questioning in the Hebron police station. The torture took place with the purpose of extracting a confession from Ahmed a Muati Abdullah Kabate, the interrogation took place on 13 May 1978. In statements made by the defendants they pleaded that a suspect in the occupied territories could not expect interrogation methods "as gentle" as those in Israel. In this context, the Judge, Dov Eitan stated that "it should be made clear that the dignity of a human being is the same on both side of the Green Line". (Jerusalem Post, 4 December 1979)

283. Two soldiers were reported to have appeared before a disciplinary committee and might face prosecution for ill-treating a 15-year old Arab schoolgirl who was reportedly "very cheeky" to Military Government officials. The girl, from the Jalazun refugee camp, had been hit by a woman investigator during questioning about a stone-throwing incident at an Israeli car in November. The girl, Intisar Husni Sheikh Kasim, was being held at the Muscobia in Jerusalem and had been arrested on 8 December 1979. Her lawyer, Mrs. Felicia Langer, sent a detailed complaint to the Defense Minister on the case. The arrest of the girl took place in the course of disturbances in protest against the planned expulsion of Nablus mayor Mr. Shaqa'a. (Jerusalem Post, 19 December 1979)

284. An Israeli settler from Kiryat Arba, Ilan Torr, was acquitted by the Jerusalem .District Court, of the charge of murdering a 17-year old female student during a demonstration in Halhul in March 1979. The Judges stated that they were not Convinced that the fatal bullet had been fired by the defendant. Furthermore, the Judges determined that it had not been proven that the defendant had intended to kill any I of the demonstrators. (Ha'aretz, 3 February and 6 March 1980)

285. Supreme Court Justice Shamgar rejected a petition by a security prisoner to authorize him to possess a transistor radio. Justice Shamgar did not see any grounds for interference with the prison's service instructions. He also rejected three other petitions against the service instructions' bar on the distribution of the papers Al Fajr. Al Ittihad and Zu Haderech, basing himself on the opinion that "the freedom guaranteed to everyone in every day life cannot be extended to prisons without suppressing any possibility of maintaining internal security and enforcing a régime and a discipline that is suitable to prison conditions". (Ma'ariv, 17 April 1980)

286. The policemen who beat Akram Mansoui, the murderer of the late Yitzhak Trumpledor, were sentenced to suspended prison terms and fined by Justice Arich Segalson of the Tel Aviv District Court. Albert Maimony, who had incited other policemen to beat the accused, was sentenced to a four-month suspended prison term and a fine of 91 3,000 ($60). Rina Zakay, who spat on the detainee, but did not beat him, was fined EI 1,000 ($20) and sentenced to a one-month suspended prison term. To others, Salomon Atrash and Eliyahu Beruch were each fined EI 2,000 ($40) and sentenced to two months' suspended-prison terms. (Ha'aretz, 5 May 1980)

287. The security prisoner Mohammad Daoud Darwish from Ashkelon prison petitioned the High Court of Justice regarding his prison conditions. The High Court instructed the Prison Commission to show cause within 30 days why a bed should not be supplied to the prisoner. (Ma'ariv, 6 June 1980)

288. In addition to the information reflected in the preceding sections of this section, the Special Committee reproduces below a representative cross-section of the incidents recorded during the period covered by the report (table 1). These incidents were all reported as being directly attributable to the military occupation and therefore relevant to an examination of the human rights of the civilian population. Tables are also given showing the number of arrests recorded by month (table 2), the number of trials by military tribunals (table 3) and reported releases by month (table 4). 14/


E. Tables showing incidents, arrests, trials and releases occurring during
the period-covered by the report


Table 1. Incidents

Date
Place
Type
Sources
7 Oct. 1979
17 Oct. 1979
18 Oct. 1979
8 Nov. to 4 Dec. 1979
Bir Zeit
Ramallah/El Bireh/Bir Zeit
Jenin area
All over West Bank and Gaza Strip
Demonstration; jeep stoned
Demonstrations
Youths stoned bus carrying Israeli soldiers
Demonstrations; Protest meetings; Business strikes, etc.
JP. 8 Oct. 1979
H. 18 Oct. 1979
Al Ittihad,18 Oct.'79
} H. 4 Dec. 1979
} M., JP. 9 Nov. 1979
} Al Ittihad,5 Dec.'79
}YA. 5 Dec. 1979
19 Nov. 1979
24 Nov. 1979
26 Nov. 1979
Jerusalem
Jerusalem
Hebron area (Labor exchange at Yatra)
Two bombs exploded on two buses
Car stoned
Office set on fire
JP. 20 Nov. 1979
JP. 25 Nov. 1979
JP. 27 Nov. 1979
26 Nov. 1979
27 Nov. 1979
Jerusalem
Jerusalem/Ramallah road
(Qalandia)
Business strike
Bus stoned
JP. 27 Nov. 1979
JP. 28 Nov. 1979
25-27 Nov. 1979
28 Nov. 1979
3 Dec. 1979
3 Dec. 1979
3 Dec. 1979
Jerusalem
Beit El
Ramallah
El Bireh
A-Dahaysha refugee camp, Ramallah
Buses and cars stoned
Israeli settler's car set on fire
General strike
School strike
Stone throwing
JP. 28 Nov. 1979
JP. 29 Nov. 1979
H. 4 Dec. 1979
H. 4 Dec. 1979
H. 4 Dec. 1979
6 Dec. 1979
18 Dec. 1979
18 Dec. 1979
20 Dec. 1979
22 Dec. 1979
Gaza
Halhul
Halhul
Bir Zeit
Bir Zeit
Bomb explosion
Bomb explosion
Bus stoned
Riot by students
Riot by students
JP., H. 10 Dec. 1979
JP. 19 Dec. 1979
JP. 19 Dec. 1979
JP. 21 Dec. 1979
JP. 24 Dec. 1979
3 Jan. 1980Kiryat-ArbaMilitary Government prevented a protest sit-in against settlement policyH. 3 Jan. 1980
3 Jan. 1980Kiryat-ArbaHebron Mayor led demonstration against Kiryat-Arba; after a brief confrontation, three youths were arrested, one injuredJP. 4 Jan. 1980
3 Jan. 1980Hebron (Porcelein Hill)Violent clash between Israeli Defense Forces guard and demonstrators headed by the mayors of Hebron and HalhulH. 4 Jan. 1980
4 Jan. 1980HebronMayors of Hebron and Halhul summoned for questioning about participation in demonstration in Porcelain Hill; accused of inciting crowds and released after payment of IL 5,000 eachJP. 6 Jan. 1980
5 Jan. 1980Eilon-MorehClash between "Peace Now Movement" activists and security forcesJP. 6 Jan. 1980
4 Jan. 1980East JerusalemSit-in to protest the proposed take-over of the Electricity CompanyH. 6 Jan. 1980
7 Jan. 1980JerusalemJoint silent protest against the proposed take-over of the East Jerusalem Electric Company concessionJP. 7 Jan. 1980
7 Jan. 1980JerusalemSit-in protest against take-over of East Jerusalem Electricity CompanyJP. 8 Jan. 1980
8 Jan. 1980JerusalemMilitary Government prevented mayors of the West Bank from joining the protest; students from Bir Zeit University were stopped on their way to the protestJP. 8 Jan. 1980
8 Jan. 1980GazaOutbreak of violence "leaving a trail of terror and destruction"JP. 9 Jan. 1980
13 Jan. 1980
14 Jan. 1980
Gaza
Jalazun refugee camp
Destruction of cafe, damage caused estimated at IL 10,000
Assault; beating up of a watch-man by four armed men; school windows shattered, cars set alight
JP. 15 Jan. 1980
H. 14 Jan. 1980
Al Ittihad, 15 Jan. 1980
14 Jan. 1980
14 Jan. 1980
Ramle
West Bank
Hunger strike
Strike against the proposed take-over by Israel of the Electric Company
ASH. 15 Jan. 1980
JP. 15 Jan. 1980
16 Jan. 1980East JerusalemHunger strike and mass sit-in protest announced by employees of East Jerusalem Electricity CompanyH. 16 Jan. 1980
18 Jan. 1980
26 Jan. 1980
East Jerusalem
West Bank/East Jerusalem
Hunger strike by Electric Company employees
General strike in order to protest against further normalization of relations between Egypt and Israel on 26 January 1980
H. 18 Jan. 1980
JP. 27 Jan. 1980
H. 27 Jan. 1980
31 Jan. 1980HebronA Kiryat-Arba settlers, Mr. Sloma, slain in the center of the townJP. 1 Feb. 1980
H. 1 Feb. 1980
3 Feb. 1980HebronOutbreak of violence; Kiryat-Arba inhabitants threw stones at the house of the Idrid family, located close to Kiryat-ArbaH. 4 Feb. 1980
10 Feb. 1980
14 Feb. 1980
14 Feb. 1980
Ramallah
Gaza
Bethlehem/A'Dahaysha refugee camp
Bomb explosion
Hand grenade hurled at an Israeli car
Traffic harassment
JP. 11 Feb. 1980
ALQ. 15 Feb. 1980
YA. 14 Feb. 1980
14 Feb. 1980Bethlehem/A'Dahaysha refugee campIncendiary bottle hurled at an Israeli police carALQ., ASH 15 Feb. 1980
JP.,Al-Ittihad 15 Feb. 1980
16 Feb. 1980GazaHand grenade thrown in Palestine SquareH. 18 and 19 Feb. 1980
JP. 17 and 18 Feb. 1980
Al Ittihad, 19 Feb. 1980
16 & 17 Feb. 1980
17 Feb. 1980
19 Feb. 1980
Hebron (town hall)
Ramallah
Ramallah/El Bireh
Sit-in demonstration by "several dozen" West Bank women
Sabotage charge
Business strikes
H. 16 and 17 Feb. 1980
H. 17 Feb. 1980
M. 19 Feb. 1980
H. 20 and 22 Feb. 1980
19 Feb. 1980Bir ZeitStudent demonstrationsM. 19 Feb. 1980
H. 20 and 22 Feb. 1980
19 Feb. 1980RamallahYouths hurled stones at a car of an Ofra settlerM. 19 Feb. 1980
H. 20 and 22 Feb. 1980
19 Feb. 1980
19 Feb. 1980
26 Feb. 1980
26 Feb. 1980
Ramallah
Nablus
West Bank
Halhoul
Demonstrations
Demonstrations
General Strike
Youths demonstrating in the city threw stones at a tourist coach; the driver was slightly injured
JP. 20 Feb. 1980
JP. 20 Feb. 1980
H., YA. 27 Feb. 1980
JP. 27 and 28 Feb. 1980
H., YA. 28 Feb. 1980
9 March 1980RamallahClash between Bir Zeit students and Military Government officialsAl Ittihad, 10 March 1980
25 March 1980
24/25 March 1980
Bir Zeit
West Bank
Students stoned military vehicle
General strike
JP. 26 March 1980
H. 25 March 1980
JP., DA 26 March 1980
27 March 1980Abud MashalAmbush of "Dan" Deir Abu busesJP. 30 March 1980
H. 28 March 1980
29 March 1980
2 April 1980
2 April 1980
2 April 1980
Jerusalem
West Bank
Nablus/Ramallah/El Bireh
Ramallah/Jericho/El Bireh
Bomb explosion
General strike
Business strike
Strikes and demonstrations
JP. 30 March 1980
JP. 2 April 1980
H. 3 April 1980
ASH,DAV,ZH,2 Apr. 1980
DAV, YA. 3 April 1980
ZH. 9 April 1980
2 April 1980HebronArabs threw stones at Jews near Avrahim Aviru synagogueJP. 2 April 1980
5 April 1980Jalazun refugee campIncendiary bottle thrown at military camp vehicleH. 8 & 10 April 1980
JP. 10 April 1980
9 April 1980RamallahUNRWA college students burnt tyres, threw stones at security personnel and blocked the approach roadJP. & H. 10 April 1980
17 April 1980West Bank
East Jerusalem
Commercial strike to mark Prisoner DayJP., ALQ. 18 April 1980
H. 20 April 1980
--
21 April 1980
21 April 1980
Auja
Qalandiya
Deir El Assal-Attahta
Three terrorists tried to infiltrate from Jordan into Israel
Students threw stones at security men
Inhabitants assailed a car with stones and chased it through the village
JP., H. 20 April 1980
ALQ. 22 April 1980
ALQ., ASH.,H. 22 Apr.'80
JP., H. 23 April 1980
21 April 1980Ain YabrudGrenade thrown on an Israeli busASH., H. 23 April 1980
JP. 28 April 1980
24 April 1980
24 April 1980
---
25-27 April 1980
Ramallah
Nablus/Ramallah/Halhul
Arura/Ramallah district
West Bank
School pupils thrown stones at security personnel
Youths threw stones at Israeli vehicles & ignited tyres
Dozens of pupils stoned and injured 3 border police troops
Three-day general commerce and transport strike
H. 25 April 1980
H.,JP., DA.,YA.27 Apr.'80
YA.,ASH.,ALQ.27 Apr.'80
DA.,YA.,AH. 27/28 Apr.
JP., ALQ. 28 Apr. 1980
DA. 29 Apr. 1980
ZH. 30 Apr. 1980
--
--
--
--
25 April 1980
--
--
--
25 April 1980
--
Ramallah, El Bireh
Ramallah, El Bireh
Bethlehem, Beit Sahur
Bethlehem
Anabta
Tulkarem
Nablus
Nablus
Ramallah
Several West Bank towns
Public transportation strike
Barricades erected; tyres burnt
School strike and demonstrations by 200 students
Stone throwing at soldiers; Israeli cars damaged by stones
Bomb explosion
Time-bomb explosion
Pupils threw stones at security forces
Stones thrown at an army patrol
Windows of an Egged bus smashed
Youths burned tyres, erected barricades and threw stones at Israeli troops
ASH. 27 Apr. 1980
ASH. 27 Apr. 1980
ASH., YA. 27 Apr. 1980
ASH., YA. 27 Apr. 1980
ASH., YA. 27 Apr. 1980
ASH., YA. 27 Apr. 1980
ASH.,YA.,ALQ.27 Apr.'80
JP., H. 28 Apr. 1980
JP. 28 Apr. 1980
ASH. 27 Apr. 1980
H. 28 Apr. 1980
--HalhulYouths burnt a tyre and blocked a roadH. 28 Apr. 1980
ASH. 27 Apr. 1980
28 April 1980HalhulAn Egged bus stoned on its way from Jerusalem to Kiryat ArbaJP. 29 Apr. 1980
ASH. 29 Apr. 1980
--
--
--
30 April 1980
30 April 1980
30 April 1980
30 April 1980
30 April 1980
30 April 1980
30 April 1980
30 April 1980
30 April 1980
30 April 1980
1 May 1980
1 May 1980
Ramallah
Ain Yabrud
Ramallah-Jerusalem road
Bethlehem
Bethlehem/Beit Sahur
Beit Sahur
Bethlehem
Bethlehem
Jerusalem
El Bireh
Hebron
El Bireh
Jalazun refugee camp
Deir Ghassana district
Jerusalem
Demonstration
Stone barricades erected and stones thrown at Israeli cars
Military vehicles stoned
General strike
School strike
Military cars stoned
Windows of two Israeli cars smashed
Shop set on fire
Bus stoned
Sit-in demonstration by West Bank women's delegations
Hand grenade thrown at military car
Israeli bus stoned
Molotov cocktail hurled at passing military vehicle
Car of Israeli archaeologist Mr. David Eytan set on fire
1 May demonstration in which Palestinian flags were allegedly flown
YA.,JP.,H. 29 Apr. 1980
HA.,JP.,H. 29 Apr. 1980
HA.,JP.,H. 29 Apr. 1980
ASH. 1 May 1980
ASH. 1 May 1980
ASH. 1 May 1980
ASH. 1 May 1980
ASH. 1 May 1980
ASH. 1 May 1980
ASH. 1 May 1980
ASH. 1 May 1980
ASH. 1 May 1980
JP. 2 May 1980
H., JP. 2 May 1980
JP. 2 May 1980
2 and 3 May 1980
3 May 1980
3 May 1980
Hebron
Jalazun refugee camp
Bir Zeit University
Najah University(Nablus)
Attack on Jewish settlers near Hadassah building
Molotov cocktail hurled at army jeep patrolling the area
Student strike
JP.,H.,ALQ. 4 May 1980
JP., ASH. 4 May 1980
JP. 4 May 1980
May 1980East Jerusalem
Jenin/Nablus/Anabta
Tulkarem/El Bireh
Ramallah/Jericho
Demonstrations and strikesH. 4 May 1980
JP. 4 May 1980
3 May 1980
4 May 1980
4 May 1980
4 May 1980
4 May 1980
Halhul
West Bank/E. Jerusalem
Nablus
Balata refugee camp
Nur A-Shams refugee camp (Tulkarem)
Demonstrations
Business strikes
Several cases of stone throwing at Israeli vehicles
Israeli cars stoned
Stones hurled at Military Governor at Tulkarem
ASH. 4 May 1980
H. 5 May 1980
H. 5 May 1980
H. 5 May 1980
H. 5 May 1980
JP. 6 May 1980
4 May 1980
2/3 May 1980
4/5 May 1980
5 May 1980
Jerusalem (Atarot suburb)
Jerusalem (Jewish quarter)
West Bank in general
Ramallah
Stones thrown at private Israeli cars and buses
Arabs attacked a yeshiva student and a female resident
Strike by educational institutions
Schoolgirls burned tyres, erected roadblocks and threw stones at Israeli traffic
H. 5 May 1980
H. 5 May 1980
JP. 6 May 1980
JP. 6 May 1980
JP., ASH. 7 May 1980
5 May 1980A'Deheysha refugee campHand grenade thrown at military command carJP. 6 May 1980
H. 6 and 7 May 1980
JP., ASH., 7 May 1980
5 May 1980
5 May 1980
6 May 1980
6 May 1980
5 May 1980
6 May 1980
6 May 1980
7 May 1980
7 May 1980
Tulkarem/Halhul/Jericho
West Bank in general
Battir (south of Jerusalem)
Gaza
Jerusalem
Ramallah
Zhahiriya (Mount Hebron)
Nablus
Jerusalem (old city, Jewish quarter)
Partial business strikes
Various reports of stone throwing incidents
Egged bus set on fire
General sit-in strike
Sit-in demonstration
Five children threw stones at military vehicles
Children threw stones at a military vehicle
Two incendiary bottles thrown at an Egged bus
Arabs threw stones at a group of yeshiva students
H. 6 May 1980
H. 6 May 1980
JP. 7 May 1980
ASH. 7 May 1980
ASH. 7 May 1980
H. 7 May 1980
H. 7 May 1980
H., ALQ. 8 May 1980
H., ALQ. 8 May 1980
7 May 1980Ain YabrudIncendiary bomb discovered near the local Council's ChairmanALQ. 8 May 1980
8 May 1980
8 May 1980
East Jerusalem
East Jerusalem (old city, Jewish quarter)
School and business strike
Arabs threw stones at yeshiva students
JP. 9 May 1980
JP. 9 May 1980
ALQ. 9 May 1980
3 May 1980
8 May 1980
8 May 1980
8 May 1980
8 May 1980
8 May 1980
8 May 1980
--
--
9 May 1980
9 May 1980
9 May 1980
9 May 1980
10 May 1980
9/10 May 1980
10 May 1980
10 May 1980
10 May 1980
Halhul
Jerusalem
Mawata (Nablus)
Balata (Nablus)
Khan Yunis (Gaza)
Deir Al Balah
Annusayrat camp
Khan Yunis (Gaza)
Al Freij (Gaza)
East Jerusalem
East Jerusalem
Beit Hanun (Gaza)
Balata refugee camp
East Jerusalem
Halhul
Halhul
Balata refugee camp
Bur A'Shams refugee camp (Tulkarem)
Demonstration
Student sit-in demonstration
Molotov cocktails thrown at Israeli bus
Israeli patrols refugee camp
Military car stoned
Students demonstrated and burnt tyres
Students demonstrated and raised Palestinian flags
Demonstration
Demonstration
General strike and massive demonstrations
Secondary school students stage demonstration
Israeli cars stoned
Youths stoned Israeli military and civilian cars
Partial business strike
Youths staged a demonstration
Military car stoned
Egged bus stoned
Molotov cocktail thrown at the car of an employee of the Military Government
Al Ittihad, 9 May 1980
ALQ. 9 May 1980
ALQ. 9 May 1980
ALQ. 9 May 1980
Al Ittihad,ALQ.9 May '80
ALQ. 9 May 1980
ALQ. 9 May 1980
Al Ittihad, 9 May 1980
Al Ittihad, 9 May 1980
Al Ittihad, 9 May 1980
Al Ittihad, 9 May 1980
ASH. 9 May 1980
ALQ. 10 May 1980
H. 11 May 1980
H. 11 May 1980
ASH. 11 May 1980
ASH. 11 May 1980
ASH. 11 May 1980
12 May 1980
11 May 1980
12 May 1980
12 May 1980
West Bank
Al Khadr
Ramallah
Beituniya/Amary
General strike
Egged bus stoned
Israeli car stoned
Students threw stones at soldiers and military cars
H. 12 May 1980
ASH.,H.,JP. 12 May 1980
H. 13 May 1980
H. 13 May 1980
ASH. 13 and 15 May 1980
12 May 1980Qalandiya refugee camp (north of Jerusalem)Israeli car stonedJP. 13 May 1980
12 May 1980
13 May 1980
13 May 1980
14 May 1980
15 May 1980
15 May 1980
17 May 1980
Ramallah/El Bireh
Jerusalem, old city
Halhul
Gilo (south Jerusalem)
Ramallah
Nablus
Bethlehem
Israeli military car stoned
Group of tourists stoned
Hundreds of women staged a sit-in
Egged bus stoned
Burning of tyres and stone throwing incidents
Business strike
Incendiary bomb thrown at passing military vehicle
ASH. 13 May 1980
JP. 14 May 1980
ASH. 14 May 1980
JP. 15 May 1980
H. 16 May 1980
H. 16 May 1980
ALQ. 18 and 19 May 1980
ASH., JP. 18 May 1980
17 May 1980
18 May 1980
18 May 1980
Jerusalem/Neve Yaacob
Nablus
Nablus
Egged bus stoned
Egged bus stoned
Molotov cocktail thrown at military car
ALQ., ASH. 18 May 1980
H. 19 May 1980
ALQ, ASH.,JP.19 May '80
ASH. 20 May 1980
18 May 1980Bethlehem/Etzion bloc"Jewish National Fund" bus stoned by passengers on a local Arab busASH., ALQ. 19 May 1980
H., JP. 19 May 1980
19 May 1980JerusalemOne hour strikeALQ., ASH 19 May 1980
ASH. 20 May 1980
21 May 1980NablusIncendiary bomb thrown at Israeli carALQ. , H. 22 May 1980
ALQ., ASH. 23 May 1980
21 May 1980JeninIncendiary bottle thrown at policemanH. 22 May 1980
ASH. 23 May 1980
JP. 25 May 1980
22 May 1980
24/25 May 1980
24/25 May 1980
25 May 1980
26 May 1980
26 May 1980
25 May 1980
27 May 1980
27 May 1980
28 May 1980
Anabta
Jerusalem
Jebalya refugee camp
Nablus(Rashidiya suburb)
Hebron
Bethlehem
Hebron (Red Cross office)
Ramallah
El Bireh
East Jerusalem
Stone throwing at Israeli vehicle
Two cars burned
Hand grenade thrown
Incendiary bottle thrown
Border police patrol stabbed
Tourist bus stoned
Sit-in demonstration
Incendiary bottle thrown at military truck
Molotov cocktail thrown at Israeli military car
Three Israeli cars set on fire
H. 23 May 1980
JP. 25 May 1980
H. 26 May 1980
H. 26 May 1980
H., JP. 27 May 1980
H., JP. 27 May 1980
Al Ittihad, 27 May 1980
H., JP. 28 May 1980
ASH. 28 May 1980
H. 29 May 1980
ALQ.,ASH., JP.30 May '80
29 May 1980
31 May 1980
2 June 1980
Nablus (Rashidiya suburb)
East Jerusalem
Ramallah, Nablus,
El Bireh
Women staged a demonstration
Two Arabs attacked a policeman
Bomb attack on Mayors Shaka, Khalaf and Tawil
H.,JP.,ALQ. 30 May 1980
JP. 1 June 1980
JP. 3,4&5 June 1980
Guardian, 3 June 1980
M. 5 June 1980
ALQ. 4 June 1980
Al Ittihad, 6 June 1980
ASH. 5 & 8 June 1980
Times, 3 June 1980
3-5 June 1980West BankGeneral strikeJP. 3 and 5 June 1980
H. 3 June 1980
10 June 1980Jerusalem (old city)Arab youths opened fire at border and police patrolH., Times, 11 June 1980
JP. 11 and 12 June 1980
ALQ. 13 June 1980
14 June 1980
16 June 1980
19 June 1980
Anabta
East Jerusalem
Bethlehem
Molotov cocktail thrown
Bus stoned
Female student, Tagrid Al Batma, from Battir, injured by bullets fired from a border policeman by rifle
ASH.,ALQ.,JP.15 June '80
YH. 17 June 1980
YH., H. 20 June 1980
ASH. 20,22&24 June 1980
JP. 20 & 24 June 1980
21 June 1980
24 June 1980
26 June 1980
Bethlehem
A'Dahaysha refugee camp
Jerusalem (old city)
Bullet fired at Israeli Defence Forces soldier
Incendiary bottle thrown at Egged bus
Fight between Jews and Arabs
JP.,ASH.,ALQ.22 June '80
H.25/26; JP. 26 June 1980
JP. 27 June 1980
27 June 1980NablusMolotov cocktail thrown at Border police jeepJP. 29 June 1980
28 June 1980NablusBassam Mohammed H. Habash from Balata refugee camp killed in an exchange of fire with security agentsH. 29 June 1980
Table 2

Number of arrests recorded by the Special Committee by month

(October 1979-July 1980)

      Month
Number of arrests
      October 1979
50 + 2
      November 1979
0
      December 1979
45 (unidentified)
      January 1980
5
      February 1980
3 (unidentified) + a category of "several hundred of people"
      March 1980
11 + 45 unidentified
      April 1980
24 + 5 categories of unidentified (a total of 103 persons)
      May 1980
14 + 7 unidentified
      June 1980
1 + 11 unidentified
      July 1980
7


Table 3

Number of trials by military tribunals and civilian courts recorded by the
Special Committee during the period from October 1979 to July 1980
      Military tribunals
Number of trials
      Ramallah
    70
      Nablus
    45
      Lod
    25
      Tulkarem
    11
      Jenin
    10
      Gaza
    23
      Khan Yunis
    7
      Hebron
    3
      Bethlehem
    41
      Unspecified
    2
      Civilian courts
      District Court in Jerusalem
    2
      District Court in Tel Aviv
    9
      Jerusalem Conciliation Court
    2
      Tel Aviv Conciliation Court
    1


Table 4

Number of reported releases recorded by the Special Committee by month
(October 1979-July 1980)

      Month
Number of reported releases
      October 1979
1 + 41 unidentified
      November 1972
2 + "a number of unidentified"
      December 1979
0
      January 1980
6 + 3 unidentified
      February 1980
8
      March 1980
14
      April 1980
16 + 8 unidentified
      May 1980
16 + 80 unidentified
      June 1980
8 + 7 unidentified
      July 1980
1


V. CONCLUSIONS


289. The conclusions of the Special Committee are based on evaluation of the information it has received. A representative cross-section of this information is reproduced in section IV. As stated in its previous reports, the conclusions of the Special Committee are part of a continuing investigation and are complementary to those previous reports.

290. In section IV, the Special Committee subdivides the information it has received to illustrate various manifestations of practices concerning the situation of the civilian inhabitants of the occupied territories and, in particular, their property.

291. Section IV A contains information on the Israeli Government's policy and practices of annexation and settlement of the occupied territories. The Special Committee observed that annexation continues unabated. The amount of time and. money spent on planning and establishing the settlements is an indication that the Israeli Government does not intend to abandon this policy and these practices. The information considered by the Special Committee (paras. 29-54) is illustrative of this feature of Israeli occupation. The consideration of the excuse of "security" undertaken by the Special Committee in previous years does not warrant repetition.

292. The report also contains information on the scope, extent and methods of the expropriation carried out (paras. 55-77). It is indicated that the rate and the extent of the expropriation during the period covered are considerable. Special note should be made of the report published by the Israeli Ministry of Defense in November 1979 according to which 16 per cent of the land area of the West Bank has been taken over for what is termed "military training purposes". This and other information before the Special Committee shows that, to date, under various pretexts, over 27 per cent of the land in the occupied territories has been taken over by the Government of Israel.

293. Another significant measure is the purchase of property in the occupied territories authorized by the Israeli Government since September 1979 (paras. 78-84). For example, a real estate company named "Himanuta" has been constituted by the Jewish National Fund for the purchase of property in the occurred territories. It is the view of the Special Committee that according to the applicable international law the occupying Power's role in the occupied territories is temporary in nature. The purported real estate transactions of such companies are void and have no legal validity. The Special Committee would indeed emphasize that all such measures are illegal. Apart from such practices of direct acquisition the information given in this section also indicates that coercive methods, such as the destruction of crops and the appropriation of water resources, whether engineered as "accident" or as punishment have resulted in the forced abandoning of land by Palestinians (paras. 85-91).

294. A particular feature observed by the Special Committee is the considerable amount of money spent on the settlement program. This is despite economic difficulties referred to in statements made by the Israeli Minister of Finance and information to the effect that there were no funds for new settlements. It is apparent that considerable funding obtained from sources other than Government, (paras. 92-97) continue to finance the settlement program. The construction of new settlements and the expansion of existing ones is now an established part of a regular program (paras. 98-113). The information (paras. 191-222) indicates clearly how this aspect of annexation policy is firmly entrenched and is accepted by the Israeli settlers themselves. They have thus sought the active intervention of the Israeli Government to increase the extent of their settlements.

295. The Special Committee notes that, as of the moment of the adoption of its report, over 127 settlements have been established. The determination of the Government of Israel to pursue its policy of annexation and settlement is further reflected in its reaction to the judgement of the High Court of Justice in the Eilon Moreh case. The Special Committee noted information according to which the Government actively sought (and is still searching) ways of circumventing intervention by the judicial organs, including the implementation of judgements by the Court. The Special Committee calls particular attention to this development. It serves to illustrate official non-compliance with or an evasion of the law whenever this suits the implementation or execution of policy.

296. The above policy, projects and measures are in violation of articles 47 and. 49 of the fourth Geneva Convention. Article 47 provides:

Article 49 provides:

297. The Special Committee gives an itemized cross section of the information received on the policy followed by the Government of Israel with regard to the inhabitants of the occupied territories (paras. 114-222). The information is presented under separate subheadings dealing with the treatment of civilians, acts of reprisals such as demolition, destruction and sealing of houses and shops, eviction, expulsion, curfew, and measures affecting educational institutions. In addition, this information covers reports of activities of Israeli settlers directed against the inhabitants of the occupied territories. A chronological list of incidents (table 1) is reproduced to enable quick reconstruction of the reality prevailing in the occupied territories during the period covered by this report; tables 2 to 4 indicate the numbers of arrests, trials and releases recorded by the Special Committee.

298. This information reveals that there has been no change in the basic character of the occupation observed in previous years. In recent months, however, the level of violence has remarkably increased and bloodshed has reached -unprecedented levels. The Special Committee notes, as in previous years, that the military occupation has generated a strong spirit of resistance among the civilian population. Information indicates a high incidence of demonstrations, strikes and stone-throwing at Israeli personnel and other manifestations against the occupation. As in the past, the reaction by the military authorities to such manifestations is severe. There are reports of numerous arrests and other measures taken in reprisal. In this context, the Special Committee observes that the Government of Israel continues to persist in a policy of allowing extreme provocation of the civilian population, particularly by Israeli settlers and severe repression of any reaction by civilians to this provocation. On the individual and collective level, measures are taken with the purpose
of breaking the morale of the civilian inhabitants in an effort to encourage them to leave the occupied territories; this is exemplified by the continuing practice of the expulsion of individuals and of local dignitaries, such as Imam Sheikh Tamimi, Mr. Fahed Kawasme and Mr. Mohammed Milhem.

299. In the period covered by this report, one of the more striking developments noted by the Special Committee was the activist role of the Israeli settlers themselves with regard to the civilian inhabitants. The Special Committee noted reports of rampages by Israeli settlers on a large scale in towns like Halhul, Ramallah and Hebron; damage to property, personal injury and sometimes death characterized these acts. The military authorities, according to information available to the Special Committee, do not control these settlers. The attempted assassination of the mayors of Nablus, Ramallah and El Bireh is the latest in such outrages. The treatment of civilians, as reflected in the information received by the Special Committee, constitutes a violation of articles 33 and 53 of the fourth Geneva Convention. Article 33 provides:

Article 53 provides:

In so far as the Government of Israel has failed to demonstrate the diligence and care necessary for the prevention of the acts of those agents and settlers and for the pursuit, arrest and trial of the persons guilty of offences against the penal legislation, the measures adopted by the Government of Israel in the occupied territories, as may be seen from the examples above are far in excess of the limits established under article 64 with regard to penal legislation. Article 64 provides:

300. The report contains information on prison conditions and the treatment of detainees (paras. 223-259). The situation in the prisons has worsened with the increase in the number of persons held for security offences. The construction of a new prison in the Negev has not alleviated the over-crowding that has characterized prison conditions of detainees from the occupied territories. The Special Committee has received extensive reports of the inhuman conditions prevailing in this prison. Its location and the selectivity exercised in deciding on the inmates clearly reflects a policy which denies respect for basic human values (see para. 256). At the time of the adoption of this report, the Special Committee took note of the report of the death at Nafha prison of two detainees as a result of a hunger strike in protest against their detention conditions. In this regard, the Special Committee notes a certain ironical coincidence of views in the statement made to it by M. Mohammad Bseiso, himself detained for a number of years until last February, and the Commissioner of Prisons of Israel, Mr. Haim Levi, (see para. 243). Both have stated unequivocally that the prisons are not only overcrowded but that the conditions are generally abhorrent. The Special Committee notes that, apart from the occasional official statements decrying these prison conditions, no serious efforts have been undertaken to improve them. The testimony of Mr. Bseiso, which corroborates that recorded in earlier years from former detainees, shows beyond doubt that prison conditions do not meet the provisions of article 76 of the fourth Geneva Convention, which
states:

301. Numerous reports indicate that interrogation procedures continue to be accompanied by violence; in spite of the reduction in the number of days that a detainee may be held without being visited by the ICRC, reports continue to reflect the use of violence during interrogation procedures. Such treatment is contrary to article 32 of the fourth Geneva Convention which states:

The Special Committee has examined a number of cases involving detainees who have suffered severe bodily and mental damage as a result of the conditions of detention; undoubtedly, the evidence of such cases of brutal treatment indicates a serious deterioration in the health of persons held in detention. The Special Committee is of the view that such practices should be terminated forthwith and that drastic measures should be taken to ensure that such treatment does not recur.

302. The report contains information on the consequences of recourse to judicial remedies on the human rights of the population of the occupied territories (paras. 260-288). This information is subdivided by the subject matter concerned, namely remedies against expropriation and seizure of property, against demolition and sealing up of houses, against expulsion and against ill treatment and inhuman prison conditions. During the period covered by this report, the Special Committee noted an increasing trend in the resort to the High Court of Justice of Israel by the inhabitants of the occupied territories. In virtually all cases this Court has been impotent in controlling the arbitrary behavior of the military occupation authorities who have constantly flouted basic norms of conduct with regard to the civilian population. The judgement with regard to the Eilon Moreh case, by which the Court found that the avowed security measures were non-existent, only provoked the Government into doing its best to find ways and means to circumvent any repetition of the Eilon Moreh judgement. There are no judicial remedies available to the civilian population other than this residual possibility of making an application to the High Court. It appears to the Special Committee that the failure to put into effect the judgements of the High Court is clearly an indication that there is in fact no judicial remedy available to the civilian population. Notwithstanding the temporary injunctions issued by the Court, the right to make applications to the Court ceases to have the meaning of a right if the final judgement of the Court is not implemented. The occupying authorities through the promulgation of over 850 military orders have in fact changed the law governing the occupied territories in virtually every field and substituted it by a legal régime based on Israeli lines. This form of creeping legal annexation has become evident in considerable information now available to the Special Committee. The Administration of Justice, through the creation of ad hoc military bodies such as the so-called "objections Committees" has been transferred from the civil Courts to other, military forums.

303. Apart from violating articles 47 and 64 of the fourth Geneva Convention, these measures create a situation whereby the military authorities have virtually no responsibility towards any other authority. Therefore, the possibilities of the High Court of Justice are extremely limited and its activity has not served to control the military authorities from carrying out acts of demolition of houses, Which continue to occur, expropriation and the continuation of inhuman prison conditions.

304. The Special Committee in its report last year drew the attention of the international community to the situation prevailing in the occupied territories as a most serious obstacle to peace in the area. The Special Committee feels compelled to reiterate its position that concerted action by the international Community is necessary to put an end to the occupation. The military occupation in all its facets is at the core of the violation of fundamental human rights. It is responsible for the manifold Israeli practices in the occupied territories, in substantive contravention of the fourth Geneva Convention governing the role of an Occupying Power. These practices need to be checked and discontinued. They are a Crave threat to peace per se. But the Special Committee finds that the information Placed before it shows that these practices also constitute a systematic effort to change the status of the occupied territories in pursuit of the "homeland" policy Of the Israeli Government and its avowed intention to perpetuate its domination of the occupied territories and denying the right to self-determination to the population of the occupied territories. The Special Committee must therefore conclude that while the international community pursues the major goal of ending the occupation, it should immediately set in motion efforts to bring the occupation under the moderating influence of the kind of mechanism that the Special Committee has continued to urge in its several reports. 15/ Such a measure would protect the civilian population from the violation of its fundamental human rights, while at the same time preventing the implementation of the long term goal of annexation. Self-determination for the people in the occupied territories can only be based on the cessation of all oppression of the people within the territories as well as the facilitation of the right to return to those in exile.

VI. ADOPTION OF THE REPORT


305. The present report was approved and signed by the Special Committee on 25 July 1980 in accordance with rule 20 of its rules of procedure.

(Signed) B. BOHTE (Yugoslavia)

K. K. BRECKENRIDGE (Sri Lanka)

O. GOUNDIAM (Senegal)


Notes


1/ Official Records of the General Assembly, Twenty-fifth Session, agenda item 101, document A/8089; A/8389 and Corr.1 and 2; A/8389/Add.1 and Add.l/Corr.1 and 2; A/8828; A/9148 and Add.1; A/9817; A/10272; A/31/218; A/32/284, A/33/356 and A/34/631.

2/ Official Records of the General Assembly, Twenty-fifth Session, Annexes, agenda item 101, document A/8237; ibid., Twenty-sixth Session, Annexes, agenda item 40, document A/8630; Twenty-seventh Session, Annexes, agenda item 42, document A/8950; ibid., Twenty-eighth Session, Annexes, agenda item 45, document A/9374; ibid., Twenty-ninth Session, Annexes, agenda item 40, document A/9872; ibid., Thirtieth Session, Annexes, agenda item 52, document A/10461; ibid., Thirty-first Session, Annexes, agenda item 55, document A/31/399; ibid., Thirty-second Session, Annexes, agenda item 57, document A/32/407; and ibid., Thirty-third Session, Annexes, agenda item 55, document A/33/439, and ibid., Thirty-fourth Session, Annexes, agenda item 51, document A/34/691 and Add.l.

3/ Ibid., Twenty-fifth Session, agenda item 101, document A/8009, annex III.

4/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.

5/ Ibid., No. 972, p. 135.

6/ Ibid., Vol. 249, No. 3511, p. 215.

7/ Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).

8/ General Assembly resolution 2200 A (XXI).

9/ Israeli pounds have been converted into United States dollars using the conversion rate in effect at the time of reported decision.

10/ The Government of Israel re-designated its national currency the shekel as at 1 January 1930.

11/ The Jerusalem District Electricity Company exercises a concession originally granted to Mr. Mavromatis, a Greek entrepreneur, by the Turkish rulers Of Palestine in 1914. When the United Kingdom of Great Britain and Northern Ireland became the Mandatory Power for Palestine (Text of the Mandate for Palestine in Cmd. 1785 (British Command Papers)) it refused to recognize the concession (which had not yet been exercised) and gave a similar concession to a Mr. Rutenberg. The Permanent Court of International Justice in a judgement concerning the concessions Mr. Mavromatis held in Jerusalem found "That the concession granted to Mr. Mavromatis under the Agreements signed on 27 January 1914, between him and the City of Jerusalem regarding certain works to be carried out in Jerusalem, are valid" (Series A/5; Mavromatis Jerusalem Concession, March 26, 1925, P. 51). In 1926, a British Company, Balfour Beatty, acquired the concession from Mr. Mavromatis and built a power station on Bethlehem Road near the railway station. The division of Jerusalem in 1948 led to the sale of Balfour Beatty's rights to the Israel Electric Corporation in 1954. In 1957 a consortium of seven municipalities and some 2,000 private shareholders acquired the concession from Balfour Beatty. The concession is due to expire on 1 January 1981.

12/ On 16 November 1979, the General Assembly adopted resolution 34/29 calling upon The Government of Israel to rescind the deportation order.

13/ These facts were confirmed to the Special Committee by Mr. Milhem in the course of his testimony.

14/ The following abbreviations of names of newspapers are used in the tables:

15/ The Special Committee, in each of its reports, has recommended:
ANNEX I
...

ANNEX II
...

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