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UNITED
NATIONS
E

        Economic and Social Council
Distr.
GENERAL
E/CN.4/2002/74/Add.2
8 May 2002

ENGLISH/FRENCH/SPANISH ONLY

COMMISSION ON HUMAN RIGHTS
Fifty-eighth session
Agenda item 11 (b)



CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF: DISAPPEARANCES

AND SUMMARY EXECUTIONS

Report of the Special Rapporteur, Ms. Asma Jahangir, submitted pursuant to

Commission resolution 2001/45

Addendum*

Annex

Summary of cases transmitted to Governments and replies received


Introduction


1. This addendum to the report of the Special Rapporteur on extrajudicial, summary, or arbitrary executions describes 68 country situations and gives an account of actions undertaken by the Special Rapporteur between 11 December 2000 to 1 December 2001. It also contains in summary form the replies received from Governments to her communications, as well as observations of the Special Rapporteur where considered appropriate.

2. Owing to restrictions on the length of documents, the Special Rapporteur has been obliged to reduce considerably details of communications sent and received. As a result, requests from Governments to publish their replies in their totality could not be acceded to. For the same reason, responses from sources to requests of the Special Rapporteur, although of great importance to her work, are reflected only very briefly in the report.

/...


SUMMARY OF CASES TRANSMITTED AND REPLIES RECEIVED

/...

A. COUNTRIES

Israel

Urgent appeals

344. On 9 May 2001 the Special Rapporteur transmitted an urgent appeal concerning the continuing violence in the Occupied Territories after having received reports on the use of artillery and heavy and medium caliber weaponry by Israeli security forces against several neighborhoods in Khan Yunis. A four-month-old infant, Iman Mohamed Hajjo, was reportedly killed and her mother, Samia Mohammed Hajjo, critically wounded. Furthermore, it was alleged that twenty Palestinian civilians, including medical personnel and school children were wounded by shrapnel during this operation.

Communication sent

345. The Special Rapporteur transmitted allegations of violation of the right to life of the following individuals:

346. According to the information received, on 9 November 2000, Israeli forces carried out an operation in Beith Sahur. It was reported that Mr. Hussein Mohammad Salem Ubiyat, aged 37, was driving his car in "area A" of Beigh Sahur, when his car was hit by three missiles coming from an Israeli helicopter. He reportedly died as a result of the attack. Furthermore, it was alleged that Ms. Rahmeh Shahin and Ms. Azizeh Muhammad, both aged 52, were also killed by the missiles while they were standing outside a house.

347. According to the information received, on 16 November 2000, Yusuf Abu Awad, aged 31, was shot in the face by an Israeli soldier as he was waiting in his car at an Israeli checkpoint in Beit Umar.

348. According to the information received, on 22 November 2000, Israeli forces carried out an operation in Morag's junction, near Rafah. It was reported that Jamal Abd'al-Qader Abd'al-Razeq, aged 30, was driving his car between Rafah and Khan Yunis in the Gaza Strip when his car was ambushed. He reportedly died as a result of gunshot wounds sustained in the incident. Allegedly, Mr. Sami Abu Laban, aged 28, Mr. Na'el Al-Lidawi, aged 21, and Mr. Awni Ismail Dheir, aged 37, also died as a result of the shooting. Massive and prolonged firepower was reportedly used against them.

349. According to the information received, on 23 November 2000, Mr. Ibrahim Bani'odeh, aged 34, was driving a car in Nablus when a bomb planted in the car exploded. He reportedly died as a result of the explosion. It was alleged that Israeli intelligence officers had seized and then returned the car a few days before the above mentioned incident.

350. According to the information received, on 1 December 2000, Mr. Muhammad Salah Muhammad Al-Araja, aged 12, was shot in the neck by Israeli security forces from a distance of about 800 meters as he and his father went to collect vegetables. He reportedly died as a result of his injuries. It was alleged that there had been no demonstrations or shootings from the area during the day.

351. According to the information received, on 11 December 2001, Mr. Anwar Al-Hamran, aged 28, was shot dead while standing in front of his workplace in Nablus. It was reported that the bullets were fired from a short distance by an Israeli security unit. It was alleged that Anwar Al-Haram was unarmed and that no fire came from the area at the time.

352. According to the information received, on 11 or 12 December 2000, Mr. Yousef Ahamad Abu Sway, aged 28, was shot dead by an Israeli sniper at an Israeli observation post located on a by-pass road near his home.

353. According to the information received, on 13 December 2000, Mr. Abas Ahmad al-Awiwi, aged 27, was shot dead with three bullets fired from an Israeli military post based in Tell Rumayda.

354. According to the information received, on 14 December 2000, Mr. Hani Abu Bakra, aged 31, was killed in an Israeli ambush as he was waiting in his van at an Israeli checkpoint on the main road in the Gaza Strip. It is reported that Israeli soldiers opened fire at the aforementioned person, who was allegedly unarmed, after they had identified him. According to the information received, Mr. Abdallah Al-Qanan, aged 40, died some days later as a result of gunshot wounds sustained in the incident.

355. According to the information received, on 14 December 2000, Mr. Mohammad Saad Taha Kharouf, aged 32, was shot dead by Israeli security forces in an ambush outside Nablus. It was reported that the aforementioned person, allegedly unarmed when killed, was led to the scene of the killing by a false phone call.

356. According to the information received, on 17 December 2000, Mr. Sammed Abd'al Kareem Mala'Ibi, aged 27, was killed in an explosion near his house, after was led to the area by a phone call.

357. According to the information received, on 17 December 2000, about six soldiers descended from a tank in the Israeli side of the border and opened fire. It was reported that Mr. Iyyad Mahmud Muhammad Da'ud, aged 27, was killed by a shot to his chest as he was standing outside his shoeshop. Mr. Ahhad Abd'al Salil Al Qasas, aged 38, who came to help Mr. Iyyad Mahmud Muhammad Da'ud, was reportedly shot in the stomach and died.

358. According to the information received, on 31 December 2000, Dr. Thabet Thabet, aged 49, was shot dead with several bullets by Israeli security forces while he was backing up his car at his home in Tulkarem.

359. According to the information received, on 20 December 2000, Mr. Hani Yusef Al-Sufi, aged 14, was reportedly killed as a result of the explosion of a grenade fired from Israeli positions as he was standing in an alley-way in Rafah.

360. According to the information received, on 5 January 2001, Ms. Arij Al-Jabali, aged 18, was shot dead as she was seeking shelter in her home. The shots were allegedly fired by Israeli defence forces deployed in the Beith Haggai Settlement.

361. According to the information received, on 7 January 2001, Ms. Fatima Jamal Abu Jish, aged 20, was shot by an Israeli soldier as she was waiting in a car at an Israeli checkpoint. She reportedly died as a result of her injuries.

362. According to the information received, on 17 February 2001, Mr. Shaker Al-Manasra was killed by Israeli defence force fire on the Al-Rayyan collective farm. Mr. Ahmad Farajullah was reportedly wounded as a result of the shooting, and allegedly died of his injuries several days later.

363. According to the information received, on 28 February 2001, Ms. Nada Abdel Jabbar, aged 45, fell while she was working and started to bleed severely. Her family called an ambulance, but Israeli soldiers at the checkpoint allegedly prevented it from entering the village. It is reported that by the time the aforementioned person reached the hospital 45 minutes later, she had already lost a lot of blood as a result of the delay. Despite of all the efforts to save her life, she reportedly died two hours later.

Communication received

364. On 17 May 2001, the Government of Israel transmitted a reply to an urgent appeal dated 9 May 2001 concerning excessive and indiscriminate use of force by Israeli security forces during the continuing violence in the Occupied Territories. The Special Rapporteur was informed that Israel's retaliation directed at Khan Yunis had been preceded by three Palestinian attacks against civilian population in Israeli communities in the Gaza Strip with mortar bombs. The Government expressed its deep sorrow over the death of a young baby that was, among other civilians, killed by the fire. However, the government opposed the allegation that these Palestinians killed were victims of excessive or indiscriminate use of force by Israeli security forces. According to the information provided, they were caught in the middle of military clashes and the location of these clashes was the result of the Palestinian decision to attack Israeli civilian communities from inside populated areas of Khan Yunis.

/...

OTHER

Palestinian Authority (Observer to the UN)

Urgent appeals

636. On 17 August 2001, the Special Rapporteur transmitted an urgent appeal on behalf of Khaled Al-Akka who was reportedly sentenced to death for treason on 12 August 2001 by the Higher State Security Court in Gaza, Palestinian authority. Mr. Al-Akka was allegedly charged for collaborating with the Israeli security services in relation to the killing of a member of President Yasser Arafat's bodyguards, Mr. Mas'ud Ayyad. Concerns had been expressed as to the fairness of the trial, which lasted no more than four hours in total and took place before military judges. Moreover, it was reported, that the defendant was not entitled to appeal this death sentence.

637. On 6 August 2001, the Special Rapporteur transmitted an urgent appeal on behalf of Mr. Ahmad Abu-Aysha who was reportedly sentenced to death for treason in allegedly collaborating with Israel in relation to the killing of Salah Darwaza on 25 July 2001 by Israeli forces. Concerns had been expressed as to the fairness of the trial, which lasted a few hours and took place only a week after his arrest. It was further reported that the defendant was not entitled to appeal the death sentence.

638. On 2 August 2001, the Special Rapporteur transmitted an urgent appeal concerning the cases of Mr. Samir Abu Zaynah, Mr. Amjad Hafayizah and Mr. Husayn Abu Al-Uyun, who were reportedly sentenced to death by the Higher State Security Court in Nablus, Palestinian authority. According to information received, the three men were sentenced to death for treason and collaborating with Israel in providing information which helped the Israeli army to kill Dr. Thabit Thabit in Tulkarem on 31 December 2000. Concerns had been expressed as to the fairness of the trial. The final verdict was reportedly announced in a 10-minute session at the Higher State Security, shortly after eight Palestinians were killed in an Israeli attack on Nablus. Furthermore, it was reported that the defendants were not entitled to appeal their death sentences.

Communications sent

639. The Special Rapporteur transmitted allegations of violation of the right to life of the following individuals.

640. According to the information received, on 9 October 2001, three demonstrators, Mr. Abdullah Mahammed Al Franji, aged 14, Mr. Haitham Tawfiq Abu Shamala and Mr. Yusef Agel, aged 21, were killed when Palestinian security forces opened fire with live ammunition on protestors in Gaza.

641. According to the information received, on 25 May 2000, Mr. Kahled Mohammed Younis Al-Bahar, aged 35, was arrested by the preventive security service. He reportedly died on 6 July 2000 at Dhaheria prison while in the custody of the Palestinian police.


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