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Boutros Ghali Boutros, KALPAGE Stanley - 1 novembre 1993
REPORT OF THE SPECIAL COMMITTEE TO INVESTIGATE ISRAELI PRACTICES AFFECTING THE HUMAN RIGHTS OF THE PALESTINIAN PEOPLE AND OTHER ARABS OF THE OCCUPIED TERRITORIES

Note by the Secretary-General

UNITED NATIONS

General Assembly

A/48/557

1 November 1993

ORIGINAL: ENGLISH

Forty-eighth session

Agenda item 86

The Secretary-General has the honour to transmit to the members of the General Assembly the twenty-fifth report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, which was submitted to him in accordance with paragraphs 16, 17 and 18 of Assembly resolution 47/70 A of 14 December 1992. The present report should be considered together with the Special Committee's periodic reports (A/48/96 and A/48/278), which were transmitted to the members of the General Assembly on 8 January and 7 June 1993, respectively.

93-60767 (E) 181193/...

CONTENTS

Paragraphs Page

LETTER OF TRANSMITTAL ....................................

I. INTRODUCTION .........................................

II. ORGANIZATION OF WORK ...............................

III. MANDATE ...........................................

IV. INFORMATION AND EVIDENCE RECEIVED BY THE SPECIAL

COMMITTEE ..........................................

A. General situation ................................

1. General developments and policy statements ...

2. Incidents linked with the uprising of the

Palestinian population against the occupation

(a) List of Palestinians killed by troops or

Israeli civilians .......................

(b) List of other Palestinians killed as a

result of the occupation ................

(c) Other incidents linked with the uprising

B. Administration of justice, including the right to

a fair trial .....................................

1. Palestinian population .......................

2. Israelis .....................................

C. Treatment of civilians ...........................

1. General developments .........................

(a) Harassment and physical ill-treatment ...

(b) Collective punishment ...................

(i) List of houses or rooms that were

demolished or sealed ...............

(ii) Imposition of curfews, sealing off

or closing areas ...................

(iii) Other forms of collective punishment

(c) Expulsions ..............................

(d) Economic and social situation ...........

(e) Other developments ......................

2. Measures affecting certain fundamental

freedoms .....................................

(a) Freedom of movement .....................

(b) Freedom of education ....................

(c) Freedom of religion .....................

(d) Freedom of expression ...................

3. Information on settlers' activities affecting

the civilian population ......................

D. Treatment of detainees ..........................

E. Annexation and settlement .......................

F. Information concerning the occupied Syrian Arab

Golan ............................................

V. CONCLUSIONS ........................................

VI. ADOPTION OF THE REPORT ............................

Annex. MAP SHOWING ISRAELI SETTLEMENTS ESTABLISHED, PLANNED OR UNDER

CONSTRUCTION IN THE TERRITORIES OCCUPIED SINCE 1967 ............ 212

LETTER OF TRANSMITTAL

27 August 1993

Sir,

The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories has the honour to transmit herewith its twenty-fifth report, prepared in accordance with General Assembly resolution 2443 (XXIII) of 19 December 1968, by which the Special Committee was established, and resolution 47/70 A of 14 December 1992, the latest resolution by which the General Assembly renewed its mandate.

This report covers the period from 27 August 1992, the date of the adoption of the twenty-fourth report of the Special Committee, to 27 August 1993. The report is based on written information gathered from various sources, in particular Israeli press reports as well as articles appearing in the Arab press published in the occupied territories. It also includes oral information received by the Special Committee through testimonies of persons having first-hand experience of the human rights situation in the occupied territories. Written information concerning the period from 27 August to 30 November 1992 is reflected in the periodic report which the Special Committee presented to you on 8 January 1993 (A/48/96); written information concerning the period from 1 December 1992 to 31 March 1993 is reflected in the periodic report which the Special Committee presented to you on 7 June 1993 (A/48/278) in accordance with paragraphs 16, 17 and 18 of General Assembly resolution 47/70 A of 14 December 1992.

The Special Committee has included in its reports relevant excerpts and summaries from among these oral and written sources of information. For the purpose of collecting oral testimonies the Special Committee again organized hearings that were held at Damascus, Amman and Cairo. The Special Committee continued to monitor statements by members of the Government of Israel reflecting the policy of that Government in the occupied territories and reports on measures taken to implement that policy. The Special Committee further noted the letters addressed to you and to the President of the Security Council during the period of this report relating to the mandate of the Special Committee, circulated as documents of the General Assembly and the Security Council, and received information from organizations and individuals on various aspects of the situation in the occupied territories.

In carrying out its mandate, the Special Committee benefited from the cooperation of the Governments of Egypt, Jordan and the Syrian Arab Republic and from the cooperation of Palestinian representatives. However, the Government of Israel has continued to withhold its cooperation.

His Excellency

Mr. Boutros Boutros-Ghali

Secretary-General of the United Nations

New York

The Special Committee regrets that it was not able to conduct its last three series of meetings fully constituted and wishes to express the hope that every effort will be made to find a solution to the problem arising out of General Assembly resolution 47/1 of 22 September 1992 according to which the Federal Republic of Yugoslavia shall not participate in the work of the General Assembly.

In preparing its report the Special Committee has attempted to put before you a composite picture of the reality in the occupied territories as it affects the human rights of the civilian population. By this letter the Special Committee wishes to draw your attention to a number of aspects that deserve particular mention.

The information contained in the twenty-fifth report of the Special Committee reflects a continuation and further exacerbation of the critical situation of human rights in the occupied territories resulting from the severe repression of the uprising which started five and a half years ago. It must be recalled here that occupation itself is a grave violation of fundamental human rights. The violence as well as the climate of frustration and fear prevailing in the territories basically stems from the illegal policy of annexation and settlement pursued by the Government of Israel since 1967 and the human rights violations which have been taking place since that time. The measures employed recently by Israel to quell resistance to the occupation by Palestinian and other Arab civilians who oppose its policy of annexation have given rise to a further aggravation of the situation which has had harmful consequences for almost all segments of the population and all walks of life.

The civilian population of the occupied territories has continued to suffer a heavy toll of casualties caused by the disproportionately harsh and violent methods employed by the Israeli authorities to repress the popular uprising. These measures have resulted in an increased loss of life and severe injuries among civilians, including small children, who clearly do not represent a security threat. The continued deployment of undercover units, a further relaxation of the rules for opening fire and the use of live ammunition as well as rubber and plastic-coated bullets have led to more than a 180 per cent increase in fatalities among children alone.

The considerable physical and psychological stress which the population of the occupied territories has continued to endure has been compounded by a series of unprecedented repressive measures taken by the Israeli authorities during the period under review. At the end of 1992, the army started to carry out a new and particularly unjust form of collective punishment which consists of destroying entire neighbourhoods with heavy artillery fire during searches for wanted persons. A number of such operations, which were sometimes aimed at capturing a single fugitive, have left scores of innocent people homeless.

In violation of article 49 of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, the Israeli authorities on 17 December 1992 expelled 415 Palestinians from the occupied territories on alleged security grounds. These persons were taken to the so-called security zone in southern Lebanon. Despite the adoption of Security Council resolution 799 (1992) of 18 December 1992 and condemnation of the measure by the international community, 396 deportees still remain at the Marj al Zahour tent camp at the time of the adoption of this report.

The increase in violence in both the occupied territories and Israel has led the Israeli authorities to impose a complete closure of the territories on 31 March 1993. This has virtually divided the occupied territories into five distinct areas, namely: the Gaza Strip, the northern West Bank, the southern West Bank, Jerusalem and the occupied Syrian Arab Golan. The closure has created unprecedented hardships for the population of the occupied territories which was already considered as living below the poverty line and has deprived approximately 120,000 persons of their means of livelihood. The freedom of movement has also been restricted by the continued practice of imposing prolonged curfews on refugee camps and entire localities. Numerous families have requested urgent food aid. In addition, the difficulty and delay in obtaining permits to circulate from one area to the other has prevented numerous farmers from reaching the markets for their products.

The closure has also had a negative bearing on the health situation in the occupied territories since the most important medical facilities serving Palestinians are located in Jerusalem. The negative impact of the closure has been felt with regard to education and students have been prevented from attending classes in areas in which they do not reside. More than 25 per cent of the students were unable to register in schools and universities despite the prolongation of registration periods. The limitations concerning the freedom of movement have had a negative incidence on access to both Muslim and Christian holy sites.

The deliberate policy of economic pressure such as the uprooting of trees, tax raids and administrative harassment has continued to be applied. The uneven application of laws and the preferential treatment enjoyed by Israeli companies have reduced the competitiveness and number of Palestinian enterprises and factories. Unlike settlers, the population of the occupied territories has systematically been denied access to water resources and in general denied permission to repair old artesian wells and drill new ones.

Acts of aggression against Arab civilians have been stepped up and have on occasion resulted in severe injury and death. This has only heightened the feeling of fear, uncertainty and tension among the population of the occupied territories. Although no new settlements are known to have been established during the current reporting period, the expansion of already existing ones has continued. The continuation of the annexation policy has deprived many Palestinians of grazing and arable land.

The administration of justice in the occupied territories has continued to be a source of concern and is characterized by a lack of due process of law and a frequent absence of basic legal safeguards for the Arab population. Although several hundred persons were released in September 1992, the number of prisoners remains very high and they continued to be detained both in the occupied territories and in Israel itself. Although the number of administrative detainees is somewhat lower, administration detention continues to be applied in an arbitrary manner, sometimes for periods of more than two years. Israelis have continued to benefit from a relative leniency of sentences which contrasts sharply with the disproportionate harshness of sentences affecting Palestinians.

To protest the persistently critical conditions of detention, more than 5,000 prisoners staged a widely followed hunger strike on 27 September 1992 demanding, inter alia, better medical care, less overcrowding in prisons, better visitation rights and information about instructions regarding punishment procedures. At the time of the Special Committee's mission of inquiry in the area, only 30 per cent of the prisoners' demands had been met. In addition, the practice of torture and ill-treatment during interrogation and even after sentencing has continued and it was revealed that physicians were required to examine prisoners and determine whether they were physically fit for certain types of interrogation practices.

The Special Committee has endeavoured, within the constraints imposed on it, to provide in its periodic reports (A/48/96 and A/48/278) and the present twenty-fifth report an objective picture of the situation of human rights in the occupied territories. The circumstances faced by the Palestiniank and other Arab population, the critical living conditions and the climate of unprecedented violence prevailing in the occupied territories continue to represent a serious threat to peace and stability in the region and international security in general. In order to prevent a further deterioration of the situation in the occupied territories and to alleviate the feeling of frustration and despair prevailing there, the international community needs to renew its efforts to convince Israel to put an end to its practices affecting the human rights situation in the region.

The Special Committee reiterates its sincere hope that concrete and determined steps towards improving the human rights situation in the occupied territories will be taken without delay, as they are an essential element for attaining the objectives of the peace negotiations currently under way.

Accept, Sir, the assurances of my highest consideration.

(Signed) Stanley KALPAGE

Chairman of the Special Committee to

Investigate Israeli Practices Affecting the

Human Rights of the Palestinian People and

Other Arabs of the Occupied Territories

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 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 cooperate 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 Special Committee is composed as follows: Mr. Stanley Kalpagé, Permanent Representative of Sri Lanka to the United Nations, Chairman; Mr. Alioune Sene, Ambassador of Senegal to the Swiss Confederation and Permanent Representative of Senegal to the United Nations Office at Geneva; Mr. Dragan Jovanic, advocate, former Yugoslavia.

3. At the meetings of the Special Committee held from 28 April to 8 May 1993, Mr. Chams Eddine N'Doye, Ambassador Extraordinary and Plenipotentiary of Senegal to Egypt, attended as the representative of Senegal. At the meeting the Special Committee held from 23 to 27 August 1993, Senegal was represented by Mr. Balla Dia, First Counsellor at the Permanent Mission of Senegal to the United Nations Office in Geneva and Chargé d'affaires, a.i. In view of General Assembly resolution 47/1 of 22 September 1992, Mr. Dragan Jovanic (former Yugoslavia) did not attend the meetings. In this connection, the Special Committee, on 8 January 1993, had addressed a letter to the President of the General Assembly in which it drew attention to the fact that as a consequence of General Assembly resolution 47/1, Mr. Dragan Jovanic (former Yugoslavia) no longer participated in its deliberations, a situation which considerably curtailed the Special Committee's ability to function effectively. The Special Committee therefore re

quested the President of the General Assembly to resolve this problem with a view to enabling it to continue to discharge the mandate given to it by the General Assembly in the best manner possible. A second letter was addressed to the President of the General Assembly on 2 March 1993. Despite the efforts of the President, this matter has not been resolved to date.

4. Since October 1970, the Special Committee has submitted 24 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 Assembly adopted resolutions 2727 (XXV) of 15 December 1970, 2851 (XXVI) 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, 34/90 A to C of 12 December 1979, 35/122 A to F of 11 December 1980, 36/147 A to G of 16 December 1981, 37/88 A to G of 10 December 1982, 38/79 A to H of 15 December 1983, 39/95 A to H of 14 December 1984, 40/161 A to G of 16 December 1985, 41/63 A to G of 3 December 1986, 42/160 A to G of 8 December 1987, 43/58 A to G of 6 December 1988, 44/48 A to G of 8 December 1989, 45/74 A to G, 46/47 A to G of 9 December 19

91 and 47/70 A to G of 14 December 1992.

5. 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, 34/90 A to C, 35/122 C, 36/147 C, 37/88 C, 38/79 D, 39/95 D, 40/161 D, 41/63 D, 42/160 D, 43/58 A, 44/48 A, 45/74 A, 46/47 A and 47/70 A.

II. ORGANIZATION OF WORK

6. The Special Committee continued its work under the rules of procedure contained in its first report to the Secretary-General. 3/

7. In its resolution 47/70 A of 14 December 1992, the General Assembly:

"16. Requests the Special Committee, pending early termination of the Israeli occupation, to continue to investigate Israeli policies and practices in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, to consult, as appropriate, with the International Committee of the Red Cross according to its regulations in order to ensure that the welfare and human rights of the peoples of the occupied territories are safeguarded and to report to the Secretary-General as soon as possible and whenever the need arises thereafter;

"17. Also requests the Special Committee to submit regularly to the Secretary-General periodic reports on the present situation in the occupied Palestinian territory;

"18. Further requests the Special Committee to continue to investigate the treatment of prisoners in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967".

8. The Special Committee held the first of its series of meetings from 6 to 8 January 1993 at Geneva. The activities of the Special Committee during those meetings are reflected in document A/48/96 (paras. 3-8).

9. The Governments of Egypt, Jordan and the Syrian Arab Republic as well as the Observer for Palestine subsequently responded to the Special Committee's request for cooperation (see A/48/96, para. 4), reconfirming their readiness to continue cooperating with the Special Committee.

10. On 17 December 1992, the Chairman of the Special Committee addressed a cable to the Secretary-General in which he conveyed the deep concern of the Special Committee about the decision of the Israeli authorities to deport 418 Palestinians from the territories occupied by Israel. The Special Committee, while deploring the unforeseeable negative consequences of such a measure on the situation prevailing in the occupied territories, emphasized that this decision was in violation of all relevant international legal norms and standards, and in particular the provisions of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War. The Special Committee requested the Secretary-General to bring its expression of concern to the attention of the Israeli authorities.

11. The Special Committee held a series of meetings at Damascus (28-29 April 1993), Amman (30 April-3 May 1993) and Cairo (5-8 May 1993). At these meetings, the Special Committee examined information on developments occurring in the occupied territories between December 1992 and February 1993. It had before it a number of communications addressed to it by Governments, organizations and individuals in connection with its mandate. The Special Committee took note of the letters addressed to it by the Permanent Representative of Jordan to the United Nations Office at Geneva on matters related to its mandate. At Damascus, Amman and Cairo the Special Committee heard testimonies of persons who have just returned from or are living in the West Bank, the Gaza Strip and the occupied Syrian Arab Golan concerning the situation in those territories.

12. At Damascus the Special Committee was received by the Minister of State for Foreign Affairs, Dr. Nasser Kaddour, and by Mr. Khalil Abou Hadid, Director, International Organizations Department, Ministry of Foreign Affairs, and was presented with a report concerning the human rights situation in the occupied Syrian Arab Golan. During its stay in the Syrian Arab Republic, the Special Committee visited Quneitra province and was presented with information on Israeli practices against the Syrian Arab citizens in the occupied Golan.

13. At Amman the Special Committee was received by Mr. Adel Irsheid, Director, Department of Occupied Territories Affairs of the Ministry of Foreign Affairs, and was informed about the most recent developments in the occupied territories. During its stay at Amman the Special Committee received from the Department of the Occupied Territories Affairs of the Palestine Liberation Organization (PLO) and from the Department of General and Higher Education a series of reports and statistics on the situation in the occupied territories. The Special Committee visited the King Hussein Bridge where it interviewed residents of the West Bank and Gaza who had just crossed the bridge into Jordan.

14. At Cairo the Special Committee was received by the Assistant to the Minister for Foreign Affairs on Arab and Middle East Affairs, Mr. Muhab Moqbel. It also met with Mr. Mohammed Qasim, Director of the Palestinian Affairs Department of the Ministry of Foreign Affairs, Mr. Badr Hamman, Assistant to the Minister of Foreign Affairs in Charge of the Arab League, Ms. Aleya Abu El Ezz, Deputy Director of the International Organizations Affairs Department and Mr. Mahmouh Hassanein from the Bureau of the Assistant Minister on Arab and Middle East Affairs. The Special Committee also met the Deputy Governor-General of Gaza and visited the Palestinian Red Crescent Hospital.

15. The Special Committee examined and completed periodic report (A/48/278) updating information contained in its previous periodic report (A/48/96). It decided that any further information and evidence relevant to its mandate would be reflected, together with its conclusions, in the present report of the Special Committee.

16. On 7 June 1993, the Chairman of the Special Committee transmitted to the Secretary-General its periodic report (A/48/278) covering the period from 1 December 1992 to 31 March 1993. That report was based on written information gathered from various sources among which the Special Committee had selected relevant excerpts and summaries, which were reflected in the report.

17. The Special Committee met again at Geneva from 23 to 27 August 1993. At these meetings, the Special Committee examined information on developments occurring in the occupied territories from April to August 1993. It had before it a number of communications addressed to it by Governments, organizations and individuals in connection with its mandate, as well as records of testimonies collected during its previous series of meetings. It examined and completed the present report on 27 August 1993.

III. MANDATE

18. 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.

19. In its resolution 44/48 A, the General Assembly decided to change the name of the Special Committee to "Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories".

20. The mandate of the Special Committee, as set out in resolution 2443 (XXIII) and subsequent resolutions, was "to investigate Israeli practices affecting the human rights of the population of the occupied territories".

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

(a) The territories to be considered as occupied territories referred to the areas under Israeli occupation, namely, the occupied Syrian Arab Golan, the West Bank (including East Jerusalem), the Gaza Strip and the Sinai Peninsula. Following the implementation of the Egyptian-Israeli Agreement on Disengagement of Forces of 18 January 1974 and the Agreement on Disengagement between Israeli and Syrian Forces of 31 May 1974, the demarcation of the areas under occupation was altered as indicated in the maps attached to those agreements. The areas of Egyptian territory under Israeli military occupation were further modified in accordance with the Treaty of Peace between the Arab Republic of Egypt and the State of Israel, which was signed on 26 March 1979 and which came into force on 25 April 1979. On 25 April 1982, the Egyptian territory remaining under Israeli military occupation was restituted to the Government of Egypt in accordance with the provisions of the aforementioned agreement. Thus, for the pur

poses of the present report, the territories to be considered as occupied territories are those remaining under Israeli occupation, namely, the occupied Syrian Arab Golan, the West Bank, including East Jerusalem, and the Gaza Strip.

(b) The persons covered by resolution 2443 (XXIII) and therefore the subject of the investigation of the Special Committee were the civilian population residing in the areas occupied as a result of the hostilities of June 1967 and those persons normally resident in the areas that were under occupation but who had left those areas because of the hostilities. However, the Committee noted that resolution 2443 (XXIII) referred to the "population" without any qualification as to any segment of the inhabitants of the occupied territories.

(c) The "human rights" of the population of the occupied territories consisted of two elements, namely, those rights which the Security Council referred to as "essential and inalienable human rights" in its resolution 237 (1967) of 14 June 1967 and, secondly, those rights which found their basis in the protection afforded by international law in particular circumstances such as military occupation and, in the case of prisoners of war, capture. In accordance with General Assembly resolution 3005 (XXVII), the Special Committee was also required to investigate allegations concerning the exploitation and the looting of the resources of the occupied territories, the pillaging of the archaeological and cultural heritage of the occupied territories, and interference in the freedom of worship in the Holy Places of the occupied territories.

(d) The "policies" and "practices" affecting human rights that came within the scope of investigation by the Special Committee referred, in the case of "policies", to any course of action consciously adopted and pursued by the Government of Israel as part of its declared or undeclared intent; while "practices" referred to those actions which, irrespective of whether or not they were in implementation of a policy, reflected a pattern of behaviour on the part of the Israeli authorities towards the civilian population in the occupied areas.

The geographical names as well as the terminology employed in the present report reflect the usage in the original source and do not imply the expression of any opinion whatsoever on the part of the Special Committee or the Secretariat of the United Nations.

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

(a) The Charter of the United Nations;

(b) The Universal Declaration of Human Rights;

(c) The Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949; 4/

(d) The Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949; 5/

(e) The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, of 14 May 1954; 6/

(f) The Hague Conventions of 1899 and 1907 respecting the Laws and Customs of War on Land; 7/

(g) The International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. 8/

23. 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 Human Rights, as well as the relevant resolutions of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Health Organization (WHO) and the International Labour Organization (ILO).

IV. INFORMATION AND EVIDENCE RECEIVED BY THE SPECIAL COMMITTEE

24. In the course of carrying out its mandate, the Special Committee has relied on the following sources:

(a) The testimony of persons with first-hand knowledge of the situation of the population in the occupied territories;

(b) Reports in the Israeli press, including of pronouncements by responsible persons in the Government of Israel;

(c) Reports appearing in other news media, including the Arab language press published in the occupied territories, in Israel and the international press.

25. The Special Committee also received written statements from the Governments of Jordan and the Syrian Arab Republic and from the Observer for Palestine.

26. The Government of Jordan has provided the Special Committee with various monthly reports on Israeli settlement expansion operations and the building of roads, land confiscation and attacks on Arab citizens and their property. The reports contain information and data on land confiscation, massive deportation, acts of aggression on Arab citizens and their property, mass arrests, administrative detention, the administration of justice, the sentences passed on Arab civilians, the conditions of detention and ill-treatment of detainees, restrictions to freedom of movement and travel as well as on measures of collective punishment such as the demolition of houses.

27. The Government of the Syrian Arab Republic has provided the Special Committee with a report prepared by the Ministry of Foreign Affairs about Israeli practices affecting the human rights of the Palestinian people and other Arabs of the occupied territories. That report deals in particular with Israeli practices in the Syrian Arab Golan. It refers to the "lack of most health and education services and the neglect of public utilities that has led to a constant deterioration of the situation in the villages of the occupied Syrian Golan" and the giving to settlements of "full or abbreviated names derived from the Torah" which "reveals not only that attempts are being made to endow the territory with a Hebrew identity, but also the intention to perpetuate the Israeli occupation". Arabic signboards are replaced with signboards written in Hebrew and English. The report indicates that many archaeological sites in the occupied Syrian Golan have been destroyed "as a result of the military manoeuvres carried

out by Israeli armed forces", including the use of various types of explosives and armour-piercing shells. It also states that Israeli agricultural exploitation of the occupied territory of the Golan has continued to be characterized by land expropriation and the seizure and exploitation of water resources. In this regard, the Israeli authorities have made "direct use of surface water for agricultural and settlement operations and to feed lake Tiberias", and have collected water in reservoirs or lakes for irrigation purposes. In addition, a ban was imposed on the piping of water to Arab villages which has led to "the loss or drying up of the springs that used to supply the Arab villages with water". The Israeli authorities have neglected to protect the Quneitra dam which caused its breaching in the winter of 1992 and resulted in "considerable material damage through floods and landslides". Although the Arab population is prohibited from drilling new wells and even using old ones, "the Israeli authoritie

s have drilled numerous wells for the benefit of the Israeli settlements". The well at the "Aloni Habashan" settlement "has been drilled to a depth of 286 metres and with a discharge rate of 100 cubic metres per hour". The report also provides information about education in the occupied Syrian Arab Golan where "Arab students are forced to learn Hebrew as a basic subject and therefore have to study three languages to the detriment of scientific and social subjects". In addition to a severe shortage of classrooms, classes are held in buildings that fail to meet the requisite standards. As concerns health services, there is a shortage of all types of first-aid facilities and of medical specialists and "the only pharmacy at which the population can obtain medication is situated in the village of Majdal Shams". At the end of 1992, 22 residents of the occupied Syrian Arab Golan were imprisoned, while 13 persons from Majdal Shams were arrested on 17 and 18 April 1993 on the occasion of the Syrian National Day.

The report also indicated that "the Israeli authorities have not abandoned their attempt to impose compulsory conscription on the young Arabs of the Golan and enlist them in the ranks of the army occupying their land". The report has been circulated as an official document of the General Assembly.

28. The Special Committee also received documents submitted by various departments of the PLO. Among these documents, mention can be made of the report submitted by the Department of General and Higher Education, which deals with Israeli practices against Palestinian educational institutions in the occupied homeland, 1988-1992. The Special Committee also received the "Statistical Educational Yearbook 1990/1991". From the same Department, it received a report by Salah Alzaroo Altamimi entitled "Education Under Occupation" and a report on Israel's deportation policy written in 1993 by Abdul Jawad Saleh from the Jerusalem Centre for Development Studies. The latter report deals with the history of Israel's deportation policy and Israel's attitudes towards deportation; it examines different categories of deportation including the mass expulsion of Palestinians, "de facto", "security", "voluntary" and "administrative" deportations. The report examines the illegality of deportation in the light of internatio

nal legal instruments and provides information on the massive expulsion of 415 Palestinians on 17 December 1992 as well as a number of deportee profiles. From the Department of Occupied Territories Affairs the Special Committee received a report on "Human Rights Violations by the Israeli Occupation Authorities in the Palestinian Occupied Territories 1992-1993" as well as reports on Israeli practices in the occupied Palestinian territories for the months of July to December 1992 and January to March 1993.

29. In addition, the Special Committee received written information from intergovernmental organizations such as relevant specialized agencies, United Nations organs and regional organizations, as well as non-governmental organizations, individuals and Governments on the situation in the occupied territories. At its meetings, the Committee had before it several communications addressed to it directly or referred to it by the Secretary-General from sources outside and inside the occupied territories. Where necessary, the Committee has followed up information contained in these communications.

30. The Special Committee undertook a series of hearings at Damascus, Amman and Cairo during its meetings from 28 April to 7 May 1993. At these meetings, the Special Committee heard the testimony of 42 persons having first-hand knowledge of the human rights situation existing in the occupied territories. These testimonies are contained in documents and are reflected in this report.

31. The Special Committee has taken particular care to rely on information appearing in the Israeli press that has not been contradicted by the Government of Israel.

32. The following paragraphs contain a summary of the information examined by the Special Committee divided as follows:

(a) General situation;

(b) Administration of justice, including the right to a fair trial;

(c) Treatment of civilians;

(d) Treatment of detainees;

(e) Annexation and settlement;

(f) Information concerning the occupied Syrian Arab Golan.

33. This information has been divided into oral evidence and written information. In order to comply with restrictions on the volume of documentation now enjoined upon United Nations reports, the Special Committee has endeavoured to present this information in the most compact and concise form possible. Oral evidence, for which a full record of testimonies is available in documents (A/AC.145/RT.607, A/AC.145/RT.607/Add.1, A/AC.145/RT.608, A/AC.145/RT.608/Add.1, A/AC.145/RT.609, A/AC.145/RT.610, A/AC.145/RT.611, A/AC.145/RT.611/Add.1, A/AC.145/RT.612, A/AC.145/RT.612/Add.1, A/AC.145/RT.613, A/AC.145/RT.613/Add.1, A/AC.145/RT.614, A/AC.145/RT.614/Add.1, A/AC.145/RT.615, A/AC.145/RT.615/Add.1, A/AC.145/RT.616, A/AC.145/RT.616/Add.1), has been condensed to a general indication of the contents of such records. The report also attempts to summarize written information. This information is reflected in more detail in documents of the Special Committee, which are available on file in the secretariat.

A. General situation

1. General developments and policy statements

Oral evidence

34. Mr. Raji Khedr Mussa Al Sourani, the director of the Gaza Centre for Rights and Law, stated the following:

"After Mr. Rabin was elected Prime Minister, there was the illusion that the human rights situation would be improved. We have followed the situation very extensively and very closely and we have come to the conclusion that, as early as November 1992, only a few months after the election of Mr. Rabin, the human rights situation had not improved, but on the contrary had deteriorated at least in six areas of violations.

"Really, by all standards, there is an incredible deterioration of the human rights situation." (Mr. Raji Khedr Mussa Al Sourani, witness No. 15, A/AC.145/RT.610)

35. Mr. Ibrahim Khamis Shehada, field research coordinator at the Gaza Centre for Rights and Law, also spoke about the expectations that had initially been linked to the taking of office of the Rabin Government:

"When Rabin was elected, people felt optimistic that there would be some détente regarding practices. That was the feeling in the street. We were surprised to notice that the Rabin Government was adopting a very stern tone in its declarations. We were optimistic. We thought that streets would be opened, but the number of streets that were closed and sealed increased. We thought that some people in detention would be released, but the number of detainees has increased. We had not imagined that we would see such pictures as bombarded houses." (Mr. Ibrahim Khamis Shehada, witness No. 16, A/AC.145/RT.611)

36. Ms. Jessica Bonn, data coordinator at the B'tselem Israeli Information Centre for Human Rights in the Occupied Territories, provided the Special Committee with the following comparison of the human rights situation during the last months of the Shamir administration and the first months of the Rabin administration:

"B'tselem and other human rights organizations working for Palestinian rights in the occupied territories have noted with great concern the rise in the number of killings, particularly since last October. The monthly number of Palestinians killed by security forces is parallel only to the first two years of the intifadah. Since October, there have been more than 10 Palestinians killed per month and since December, more than 15. As a reason for this rise, I will say that there has been a rise in the number of demonstrations and, usually, these phenomena are related. In almost all cases where Palestinians were killed by security forces, we have found that the persons killed were not armed. We did a study comparing the first six months of the Rabin Government with the previous six months of the Shamir Government. We found that 66 per cent of those killed were killed in a situation which was not life-threatening. That doesn't mean that they weren't armed, but that it was not a life-threatening situati

on. This information is based on our research and on reports by the IDF spokesperson herself. During the last nine months of the Shamir Government, 79 Palestinians were killed by the security forces within the occupied territories, while during the first nine months of the Rabin Government, 125 Palestinians were killed by security forces.

"Likewise, the number of children killed during the first six months of the Rabin Government constituted a 186 per cent rise in comparison with the last six months of the Shamir Government. Of course, all of this is particularly disappointing in light of the promises made by the new Government to the non-coalition parties to respect human rights in the occupied territories, as well as a declaration by the Prime Minister in his inaugural speech to do the same." (Ms. Jessica Bonn, witness No. 35, A/AC.145/RT.616)

37. A witness who testified before the Special Committee spoke of how the situation of human rights in the occupied territories had evolved since the Rabin administration took office:

"Yes, it really has worsened a lot. If you listen to the people in Gaza, you'll see that they are totally depressed, that they don't care about anything. The situation has reached a stage where human rights are totally neglected. They wouldn't give a damn about anything. What else is there to lose, I ask you, and the world is closing its eyes. An area where you have 14,000 people per square kilometre, Gaza is floating on a sewage pond, and no services whatsoever, 10 people or more in a room. When they want to blow a house, they don't care who is in there. The soldiers don't even go to the house, they fire a rocket from the tank. By accident, they found a baby who was still alive inside.

"Yes, it is terrible. It is also an explosive sort of situation. And it all reflects on the psychological and social attitude of the people. They have reached a stage of despair that would require a quick solution. The situation is bad in the Golan, but not as bad as in the West Bank, and in Gaza, it is really terrible." (Anonymous witness No. 5, A/AC.145/RT.608)

38. Another witness added the following:

"Since the beginning of the negotiations about the Middle East in Madrid on 30 October 1991, Israel continues to seriously violate human rights in the occupied West Bank and Gaza sector, and particularly basic human rights such as the right to life and the right to freedom.

"During the past 13 months, with excessive force and violence, 104 Palestinians were killed by the Israeli forces during that period; 100 of them were killed by bullets, 28 of whom were killed by the special units during their operations. Two of them died after torture during interrogation. One woman died after being subjected to a gas attack. In addition, 29 people died during confrontations. We have information that the special units are responsible for at least 10 of these cases.

"Since Mr. Rabin became Prime Minister on 12 July 1992, the special units have been responsible for the killing of 22 Palestinians at least among the 50 cases of persons killed by the Israeli troops in the West Bank and in the Gaza sector, by way of setting up ambushes which trick people when they pass by.

"Confiscation of land, uprooting of trees, building of settlements and the widening of roads leading to settlements, as well as insults directed at Palestinians by settlers, are continuing. All this indicates that Israel continues to increase and widen its control over the occupied territories.

"Regarding other human rights, there has been no improvement under the Rabin Government as compared to previous governments, or, in other words, the Rabin Government is no better than the previous Governments." (Anonymous witness No. 17, A/AC.145/RT.611/Add.1)

39. Another witness provided the following view of the general situation prevailing in the occupied territories:

"Anyway, I think that the violations of human rights by the Israelis have exceeded all measure and are practised all under the title of security and security measures. On the basis of security, from the Israeli point of view, for instance children and students are denied the right to go to school for long periods of time. On the basis of security, farmers are sometimes denied access to markets, just because this or that cultivated area would be under curfew or under any other security provisions. On other occasions, crossing the bridges (I mean the Allenby Bridge and the Damya Bridge) to Jordan is not allowed for the export of agricultural goods for certain periods of time, simply because a child had thrown a stone on a settler in a certain area - and farmers in the whole area are prevented from exporting their products. Talking about agriculture only, when the European Community managed to reach an agreement allowing Palestinians direct export of their goods to Europe, on the basis of security the peris

hable vegetables had to wait in the fields under the sun until the security people had come and inspected one and every box. This measure has now been amended and applies to 10 per cent of the cargo. This is just one example of violation of human rights, but all violations are considered legal if you consider security measures to be legal." (Anonymous witness No. 6, A/AC.145/RT.608)

40. Military orders govern all areas of life in the Occupied Territories. Mr. Rizk Hussein Chkeir Maraabi, also provided the Special Committee with detailed information concerning the issuing of military orders and how they are applied in the occupied territories:

"It is very well known that from the first days of the occupation, the Israeli army took over all legislative and executive powers. This is contained in the so-called Declaration No. 1. Since that date, there has been a succession of military orders and legislation, to such an extent that it now reaches the number of 1,400 orders in the West Bank and 1,200 orders in the Gaza Strip.

"So, between 1967 and 1989, 1,292 military orders were issued, each one of course with a serial number. There are also other regulations which do not bear a serial number. Among the 1,292 military orders issued, 829 (that is to say 63.8 per cent) are not accompanied by any clarification as to the reasons for their issuing. Six hundred and one orders (46.5 per cent) relate to security matters. Only 132 military orders (10.2 per cent) have as a justification the interest of the local population. It does not necessarily mean, however, that they actually serve the interests of the local population. Furthermore, 153 orders (11.8 per cent) address questions of taxes, fees and customs duties. The military orders dealing with security matters are published and can easily be obtained, so that people can observe their terms. However, the orders issued in the so-called interest of the population are very difficult to obtain. During the first 10 or 15 years of the occupation, it was very difficult to obtain

the texts of the military orders. And, since the beginning of the peace negotiations, since the Madrid Conference, it is practically impossible to get them. The military authorities are constantly issuing new orders applying to the Palestinian population, but the Palestinians at the same time cannot obtain the texts of these orders and get acquainted with their terms. In Jordan, for instance, there is an official journal where every law is published." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

41. Mr. Maraabi Chkeir also informed the Special Committee about Israel's attitude towards the applicability of the Fourth Geneva Convention in the occupied territories:

"Also, Israel does not recognize that it is an occupying power. Therefore, it does not recognize the applicability of the Fourth Geneva Convention to the occupied territories, although one has to take into consideration the fact that it had recognized the applicability of the Fourth Geneva Convention for four months at the beginning of the occupation.

"On the first day of the occupation, a military order entitled "Military Order on Security Instructions" numbered 144 was issued. In paragraph 35, it says that "the military court and its directorate have to apply the terms of the Geneva Convention dated 12 August 1949 to the protection of civilians in time of war in every matter related to legal proceedings. In case of conflict between the order and the said Convention, the preference is to be given to the terms of the Convention". Four months later, on 22 October 1967, another military order was issued, amending the above order 144 and abrogating its paragraph 35. It replaced paragraph 35 with another paragraph which bears no relation at all to the Geneva Convention. So, from June 1967 until October 1967, the Israeli authorities had recognized the applicability of the Geneva Convention." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

42. Accounts of the general situation prevailing in the occupied territories may be found in documents A/AC.145/RT.608 (anonymous witnesses), A/AC.145/RT.609 (Mr. Rizk Hussein Chkeir Maraabi), A/AC.145/RT.610, (Mr. Ahmad Mohammad Al Sayyad), A/AC.145/RT.610 (Mr. Raji Khedr Mussa Al Sourani), A/AC.145/RT.611 (Mr. Ibrahim Khamis Shehada), A/AC.145/RT.611/Add.1 (anonymous witness), A/AC.145/RT.616 (Ms. Jessica Bonn).

Written information 9/

43. On 2 April 1993, it was reported that the IDF had recently established tents for new army lookout posts on rooftops in the Gaza Strip. (Ha'aretz, 2 April 1993)

44. On 4 April 1993, it was reported that according to the B'tselem organization, the Israeli Information Centre for Human Rights in the Occupied Territories, 15 Israelis were killed by Palestinians during the month of March (7 civilians and 3 members of the security forces in the territories; and 2 civilians and 3 members of the security forces inside the Green Line), while 23 Palestinians were killed by Israelis. Fourteen Palestinians were killed by other Palestinians. According to B'tselem's data, since the beginning of the uprising until the end of March, 1,077 Palestinian residents had been killed by Israelis (civilians and security forces), 211 of whom were children under the age of 16. According to Associated Press data, 719 Palestinians were killed during the same period. (Ha'aretz, 4 April 1993)

45. On 5 April 1993, it was reported that 28 Palestinians were killed by IDF soldiers while 13 Israelis were killed by Palestinian activists during the month of March 1993. The Israeli Government decided to seal off the occupied territories from East Jerusalem, Israel and the rest of the world as of 31 March 1993. The closure also affected hospitals, schools and colleges in East Jerusalem. Workers employed inside Israel have also been affected adversely. According to Mr. Tamer Issawi, head of the Workers' Union at Bir Zeit University, 120,000 Palestinian workers who support 600,000 dependents have been unable to reach their places of employment inside Israel. (Al-Fajr, 5 April 1993)

46. On 13 April 1993, the Contractor's Association warned that housing prices were expected to rise together with the cost of living index as a result of the ongoing closure of the territories which was preventing Palestinian construction workers from crossing the Green Line. The delay in completing buildings whose construction had already begun was to also result in increased costs for the buyers, who would have to rent apartments until construction in the area in which they bought real estate was finished. (Jerusalem Post, 14 April 1993)

47. On 15 April 1993, Housing Minister Binyamin Ben-Eliezer stated that radical elements in the territories were trying to prevent Palestinians from working in Israel and had begun threatening the lives of workers who had been issued permits to work in Israel during the closure of the territories. (Jerusalem Post, 16 April 1993)

48. On 15 April 1993, Prime Minister Yitzhak Rabin stated that the closure of the territories "had achieved all of its objectives" and that there had been a significant decline in the number of "terrorist" incidents and disturbances. (Jerusalem Post, 16 April 1993)

49. On 16 April 1993, it was reported that in an effort to boost employment in the territories, the Government has allocated an additional $76 million for infrastructure projects, which represented an increase of more than 350 per cent over the previous year. The decision entailed the immediate expenditure of approximately $53 million for short-term projects. The Civil Administration's medium-term development budget was also to be increased by about $23 million in order to pay for sewage, water and electricity projects. The decision meant that approximately $170 million would be spent on infrastructure and development activities in the territories in 1993, as compared with approximately $45 million in 1992. (Jerusalem Post, 16 April 1993)

50. On 18 April 1993, Prime Minister Yitzhak Rabin informed the Cabinet that even when the closure of the territories is finally lifted, there would be no return to the previous large-scale employment of Palestinians. "We will not go back to the old situation when Palestinians could work here illegally" participants in the Cabinet meeting quoted Rabin as saying. (Jerusalem Post, 19 April 1993)

51. On 21 April 1993, about 20 Israeli and Palestinian human rights organizations held a press conference in Jerusalem to denounce the closure of the territories, calling it a collective punishment which violated the basic rights of every human being. (Ha'aretz, 22 April 1993; this information has also been referred to in Al-Tali'ah, 22 April 1993; Al-Fajr, 26 April 1993)

52. On 21 April 1993, the Arabic newspaper An Nahar reported that according to Israeli sources, the Israeli military cordon separating the West Bank and the Gaza Strip from East Jerusalem and Israel was to become permanent, and was a first step towards Palestinian self-rule. The same sources stated that the Israeli Government planned to repave the Valley of Fire road bordering the Jordan Valley, which would link the northern cities of the West Bank (Ramallah and Nablus) to the southern cities (Hebron and Bethlehem). (Al-Fajr, 26 April 1993)

53. On 27 April 1993, the Cabinet discussed steps to enforce the law against persons hiding Palestinian labourers overnight in Israel. The police reported that 1,500 Palestinians were discovered violating the rules concerning the closure. About 200 were arrested. The Cabinet agreed to support legislation imposing a fine of approximately $755 for each day of hiding labourers. (Jerusalem Post, 28 April 1993)

54. On 28 April 1993, a group of construction workers from Khan Younis was ordered to leave a building site in Tel Aviv, near the Tel Nordan School, following instructions issued by Mayor Shlomo Lahat that no Palestinians were to be employed in the city (this information has also been referred to in Al-Fajr, 3 May 1993). City Hall sources indicated that Lahat had issued orders that no Arabs should work near schools during school hours. (Jerusalem Post, 29 April 1993)

55. On 28 April 1993, Police Minister Moshe Shahal stated on Israeli Television that Israel envisaged creating a Palestinian police force which would consist of a "few thousand" persons armed with light weapons and wearing special uniforms. They would maintain public order and run a Palestinian prison system for non-security offenders. (Ha'aretz, Jerusalem Post, 29 April 1993; this information has also been referred to in Al-Tali'ah, 6 May 1993)

56. On 29 April 1993, it was reported that in the Gaza district, 49 wanted men were either apprehended, killed or had fled to Egypt during the month-long closure of the territories. The men were apprehended and large quantities of weapons were seized as a result of the strengthening of forces in the area and the use of intensive search methods, including house-to-house searches of large parts of several villages and refugee camps. The army had also reduced the number of regular patrols, conducting patrols at irregular intervals instead. The setting up of lookout posts and roadblocks in places where they had not been located previously also helped capture the fugitives and confiscate weapons. (Jerusalem Post, 29 April 1993)

57. On 2 May 1993, it was reported that the Palestinian-Israeli talks on the sharing of water resources had ended in failure in Geneva on 27 April 1993. During the talks, Palestinians reportedly complained that they were charged six times more for water than the settlers in the territories and that they were prevented from digging new wells. (Jerusalem Post, 2, 4 May 1993; this information has also been referred to in Al-Fajr, 3 May 1993)

58. On 2 May 1993, it was reported that the IDF spokesman had responded to the B'tselem human rights organization's report on the closure of the territories stating that the move had been made for security reasons only and was in keeping with Israel's duty under international law to preserve order in the territories. (Jerusalem Post, 2 May 1993)

59. On 3 May 1993, the Minister of Police Moshe Shahal told the Knesset Interior Committee that the current Inspector-General of police, Rafi Peled, had begun to plan the framework of the proposed Palestinian police force before the elections of 1992, under the directions of the former Minister of Police Ronni Milo. According to the proposal, the recruits would be trained in Egypt and Jordan, and the Palestinian police would operate in liaison with the Israeli police. When differences arose, they would be resolved at the highest level, with the Israeli Minister of Police having veto power. Palestinians with a criminal record would not be recruited into the force. Palestinian convicts would be transferred to the jurisdiction of the Palestinian police while Israel would remain in control of security prisoners. (Ha'aretz, 4 May 1993; Jerusalem Post, 4 May 1993; this information has also been referred to in Al-Tali'ah, 5 May 1993)

60. On 3 May 1993, Israel rejected for the third consecutive time Palestinian demands regarding the sending of an international investigation committee to the occupied territories in order to collect data relating to the water issue. The Palestinian delegation to the third multilateral Arab-Israeli talks on water in the Middle East which were held in Geneva on 27 April 1993, noted the current disparity regarding the water rights of the Palestinian population and the Israeli settlers in the occupied territories. Riyad Khoudary, the head of the Palestinian delegation stated that Palestinians had been prevented from digging new ones or improving already existing ones. (Al-Fajr, 3 May 1993)

61. On 3 May 1993, four Palestinian personalities, Ghasan Ashakaa, Said Kan'an, Hisham Awartani and Adnan Damiri, reportedly rejected the plan elaborated by Moshe Shahal, the Israeli Minister of Police, for a Palestinian police force in the occupied territories. This plan was also rejected by the PLO on the grounds that such a force would take its orders from the occupation authorities. Shahal was also reported to have declared in Nablus that the Israeli Government was prepared to hand over immediately the competence concerning several departments such as the police, health and education to the Palestinian side even before the signing of an official agreement. According to Israeli sources, the proposed Palestinian police force would have no relations with the Israeli settlements located in the occupied territories. The settlements would be under the direct supervision of the civil guard units formed by the settlers. (Al-Tali'ah, 5 May 1993)

62. On 5 May 1993, the multilateral talks on regional development ended with the United States of America and Europe pledging almost $20 million in emergency aid for the territories. (Jerusalem Post, 6 May 1993)

63. On 5 May 1993, a report by the Palestine Land and Water Association stated that the Israeli authorities had confiscated over 1,407 dunums of land in the occupied territories during the month of April 1993. Some of the land was closed off as military zones; the rest was seized by settlers. About 1,240 dunums of land were taken by settlers from the Sweish settlement, in the Hebron area, all of which is arable land and is cultivated. The report added that the Israeli authorities had demolished 18 houses during the same month, on the grounds that their owners had no building permits. Six farms and a water well were also destroyed on the same pretext. The Israeli authorities and Jewish settlers uprooted over 800 trees in Yasuf, Taku, Kufr Thilth, Luban Al Gharbiyeh and Na'lin, according to the same report. (Al-Fajr, 10 May 1993)

64. On 10 May 1993, the police launched an investigation into the existence of alleged private militias set up by the Jewish residents of the territories. The investigation was prompted by a report of the Israeli television aired on 7 May 1993. Following the broadcast, the spokesman of the IDF office stated in a communiqué that the army had confiscated weapons belonging to the members of the "Kach"-affiliated Road Safety Committee. According to the statement, Jewish residents of the territories were allowed to carry weapons issued by the IDF, but were only allowed to use them in self-defense. The weapons were not to be used for private shooting practise or military manoeuvres. The army had reportedly made these conditions clear to the settlers before issuing the weapons. (Ha'aretz, 11 May 1993; Jerusalem Post, 9, 11 May 1993)

65. On 10 May 1993, Brigadier-General Gad Zohar, the head of the Civil Administration in the West Bank, who was appearing before the Israeli-American Chamber of Commerce in Tel Aviv, stated that the Civil Administration had assisted industrial development in the territories but that this assistance had stopped with their closure. He added that, in the decade leading up to 1991, 40 permits were granted for setting up factories in the West Bank while 200 more had been issued from that time until the closure. According to Zohar, work had begun on 50 per cent of the factories for which permits had been granted. He indicated that the Civil Administration had invested approximately $3.7 million in road construction, and in providing water resources, drainage and phone lines to the Nablus, Ramallah and Hebron areas. (Jerusalem Post, 11 May 1993)

66. On 10 May 1993, a report by the Gaza Centre for Rights and Law indicated that the daily losses in income caused by the closure amounted to $750,000 in the Gaza Strip alone. (Al-Fajr, 10 May 1993)

67. On 18 May 1993, it was announced that a report published by the human rights organization, B'tselem, maintained that more youths and children under the age of 16 (a total of 34) had been killed between 9 December 1992 and 16 May 1993 than in any corresponding period during the past five years. (Jerusalem Post, 18 May 1993; this information has also been referred to in Al-Tali'ah, 20 May 1993; Al-Fajr, 31 May 1993)

68. On 19 May 1993, in a complaint to the Deputy Minister of Foreign Affairs, Yossi Beilin, Ilter Turkmen, the Commissioner-General of UNRWA, charged that the Israeli killings of Palestinians in Gaza had to be averted, and that IDF soldiers had to stop acting in a "trigger-happy" manner. The head of the Vienna-based United Nations agency, who was on a four-day visit to Israel and the territories, stated that he was "shocked" and "worried" by the increasing violence as well as by the deteriorating conditions he had observed during his visit to Gaza. (Jerusalem Post, 20 May 1993)

69. On 20 May 1993, it was reported that Israel and Egypt had begun discussions about the opening of an Egyptian bank in the territories for the first time since the Six-Day War. (Jerusalem Post, 20 May 1993; Al-Fajr, 24 May 1993)

70. On 23 May 1993, the Israeli Prime Minister Yitzhak Rabin reportedly announced that there could be a possible implementation of what he termed "self-rule" in Gaza first. (Al-Fajr, 31 May 1993)

71. On 24 May 1993, it was reported that, according to a Treasury policy paper which Finance Minister Avraham Shohat presented to the Cabinet, the continued closure of the territories would contribute to a higher inflation rate and would slow down the economy. The report stated that although the 116,000 workers from the territories who were employed in Israel prior to the closure made up only 6 per cent of the country's workforce, they accounted for 45 per cent of all construction workers and 20 per cent of agricultural employees. The closure, therefore, almost totally paralysed building activity and road works. Agriculture also suffered from the closure at the beginning, particularly in the flower and vegetable production sectors. To relieve the sectors most affected by the closure, the Government had issued 40,000 work permits to workers from the territories which included 20,000 permits for construction workers, 15,000 for agricultural workers and the rest for work in industry, tourism, and services

. The Government had also chanelled funds into the territories to relieve the economic distress created by the closure. The funds directed at infrastructure development projects were expected to increase employment by 20,000 to 30,000 jobs. An additional budget was allotted to increase employment by 10,000 jobs in Gaza where the economic conditions were harsher. The Cabinet approved Shohat's proposal to further relieve the economic adverse situation in the territories by creating 20,000 jobs in public works at a cost of approximately $5.5 million per month. (Jerusalem Post, 24 May 1993)

72. On 24 May 1993, according to the head of the Israeli delegation to the multilateral talks on refugees, Israel rejected the Palestinian refugees' right of return, as called for in General Assembly resolution 194 (III). Resolution 194 (III), which was adopted on 11 December 1948, stated that refugees wishing to return to their homes should be permitted to do so, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property. (Al-Fajr, 24 May 1993)

73. On 25 May 1993, the Ministry of Agriculture announced plans for the setting up of a desalination plant near Gaza City which would supply it with up to 15 million cubic metres of water a year. (Jerusalem Post, 27 May 1993)

74. On 25 May 1993, Israeli military sources indicated that 50 wanted Palestinians had been arrested and that 25 others had escaped to Egypt since the military siege was imposed on the occupied territories two months earlier. Palestinians noted that in just one month - 27 April to 27 May 1993 - 16 wanted youths had been killed by the IDF. (Al-Fajr, 31 May 1993)

75. On 26 May 1993, Amnesty International claimed in a statement that many of the killings of Palestinians in the territories were unjustifiable and called on Israel to halt the rising death toll. The human rights organization indicated that more than 100 Palestinians had been shot and killed by Israeli forces in the Gaza Strip since December 1992, more than 30 of whom were aged 16 or were younger. The organization also deplored what it called the use of "massive firepower" by Israeli forces against houses where suspects were believed to be hiding, stating that the practice appeared to be a deliberate policy of "collective punishment". (Ha'aretz, Jerusalem Post, 27 May 1993)

76. On 29 May 1993, for the first time since the closure of the territories began eight weeks earlier, dozens of Palestinian labourers who used to work in Israel staged a sit-in strike on the grounds of the Red Cross offices in Gaza, protesting the effects of the closure on their livelihood. Palestinian trade union leaders and members of the Gaza Chamber of Commerce also participated in the sit-in. (Jerusalem Post, 30 May 1993; this information has also been referred to in Al-Tali'ah, 30 May 1993)

77. On 29 May 1993, the Palestinian Lawyers for Human Rights organization which is based in Gaza stated that IDF soldiers and Israeli special military units had shot dead 26 Palestinians in the Strip during the first four weeks of May 1993. At least 400 other persons were also shot and injured. According to the statement, the number of casualities indicated that new open-fire regulations were being implemented which had led to the killing of six children under the age of 15, as well as of a woman who was inside her house when she was shot. It was also noted that 35 children have been killed by the Israeli army in the Gaza Strip since the beginning of 1993 while 221 others have been killed since the beginning of the intifadah. The statement also mentioned the devastating effects of the closure of the territories and reported that only 7,000 Palestinian workers from the Gaza Strip have been allowed to return to their jobs inside the Green Line. At least 40,000 Gazans had been inside the Green Line befor

e the closure. Moreover, the collective loss of workers' income in the Gaza Strip as a result of the closure amounted to $1.5 million daily, totalling $70 million over the last two months. (Al-Fajr, 7 June 1993)

78. On 31 May 1993, it was reported that work permits had been given to 45,000 Palestinians but so far, only 37,000 had availed themselves of the permits. (Jerusalem Post, 31 May 1993)

79. On 31 May 1993, it was reported that 35 Palestinians, aged between 18 months to 50 years, were killed in the occupied territories from 1 to 17 May 1993. Twenty-eight of those killed were from the Gaza Strip while seven were from the West Bank. Six children under 16 were among the victims. (Al-Fajr, 31 May 1993)

80. On 1 June 1993, Police Minister Moshe Shahal called for the establishment of a police station in the Arab neighbourhood of Jerusalem following several shooting attacks on Israeli vehicles by gunmen in Jerusalem's Gilo neighbourhood. (Jerusalem Post, 2 June 1993)

81. On 3 June 1993, it was reported that mental health experts told the Knesset Human Rights Caucus that the violence and brutality which Palestinian children were exposed to in the administered territories would have repercussions on Israeli society for generations. The Caucus was meeting to discuss a report on the situation of Palestinian children published by Defense for Children International, a Geneva-based non-governmental organization. (Jerusalem Post, 3 June 1993)

82. On 3 June 1993, the European Community rejected criticism that the financial aid promised to the territories was failing to reach their population and blamed the slow distribution of funds on the lack of local institutions and on the Israeli administration of the areas. In reaction, government officials stated that the Europeans were merely posturing and did not want to spend the money. (Jerusalem Post, 4 June 1993)

83. On 3 June 1993, military sources indicated that violence in the territories had decreased during the two-month closure despite expectations that it would increase. However, the IDF and human rights groups agreed that there was a sharp increase in the number of Palestinians who were killed by soldiers in Gaza in May. There was also a corresponding drop in the number of internecine Palestinian killings which for more than a year had exceeded, month by month, the number of killings perpetrated by soldiers. Military sources indicated that the number of troops in the territories had doubled during the closure. (Ha'aretz, Jerusalem Post, 4 June 1993)

84. On 5 June 1993, about 500 Israeli Jews and Arabs from the "Peace Bloc" arrived at the Erez checkpoint to mark the twenty-sixth anniversary of the six-day war and demanded an "end to the closure, an end to forced hunger and an end to the occupation". The Israelis, led by former MK Uri Avnery, were met by Palestinian delegates Haidar Abdel-Shafi and Freih Abu Meidin. (Ha'aretz, Jerusalem Post, 6 June 1993)

85. On 6 June 1993, it was reported that between 120 and 124 Hamas activists had been arrested lately. Among them there was a four-man cell from eastern Jerusalem that was responsible for murdering three police officers and two civilians. (Ha'aretz, Jerusalem Post, 6, 7 June 1993)

86. On 8 June 1993, the Israeli Defense Ministry's coordinator for the occupied territories, Danny Rothschild, reported that 33,000 Palestinians from the West Bank and the Gaza Strip have been refused entry into areas beyond the Green Line for security reasons. (Al-Tali'ah, 10 June 1993; Al-Fajr, 14 June 1993)

87. On 10 June 1993, it was reported that the Arab Real Estate Bank which is 100 per cent Egyptian-owned, planned to reopen its five branches in the occupied territories that were closed in 1967. The Egyptian weekly Rose El Youssef, which reported the news, revealed that an agreement to that effect had been signed between the Egyptian Central Bank and its Israeli counterpart. (Al-Tali'ah, 10 June 1993)

88. On 11 June 1993, it was reported that since the closure was imposed on the territories, more than 90 wanted fugitives had been arrested or killed while 28 fled to Egypt. (Ha'aretz, 11 June 1993)

89. On 11 June 1993, the Israeli authorities announced that they had arrested two youths in the Gaza Strip belonging to the "Red Eagles", a strike force of the PFLP. Riad Issa, from Rafah, and Khaled Issa, from the Shati refugee camp, were arrested along with three other Palestinians who "provided assistance" to them. (Al-Fajr, 14 June 1993)

90. On 11 June 1993, according to the Israeli daily Hadashot, Shabak leaders had confirmed the existence of a settlers' underground movement in the occupied territories. The isolated underground cells were comprised of members with experience in combat units and were preparing for possible attacks against Palestinian leaders. (Al-Tali'ah, 17 June 1993; Al-Fajr, 21 June 1993)

91. On 13 June 1993, the Cabinet heard from an authoritative security source that there did not appear to be a Jewish underground in the territories despite media reports to that effect. The ministers were informed during a top-level briefing that no serious plans were apparently afoot in the settler movement to interfere with the autonomy plan for Palestinians. The source indicated that the only development so far was an over-exaggerated effort by activists from the "Kach" movement based in Kiryat Arba to attract attention of the media and solicit funds through a theatrical display of their level of training. (Jerusalem Post, 14 June 1993)

92. On 14 June 1993, it was reported that the leaders of the Islamic movement within the Israeli community had categorically denied any ties with Hamas of the four-man cell from eastern Jerusalem which had been arrested the previous week in connection with a series of attacks and murders perpetrated by "terrorists". (Jerusalem Post, 14 June 1993)

93. On 15 June 1993, the Mekorot water company announced that it had begun the construction of a desalination plant in Deir el-Balah which was to meet the fresh water needs of the residents and farmers there. Company officials announced in a statement that the construction of the $300,000 plant had been ordered by the Civil Administration in order to remedy the chronic water shortage in the area. (Jerusalem Post, 16 June 1993)

94. On 16 June 1993, the Ministerial Committee on Law approved a bill aimed at reducing the number of Palestinians who could stay overnight in pre-1967 Israel, thereby also aimed at reducing the number of "terrorist" incidents. It stipulates the imposition of a $358 fine on persons found guilty of violating its provisions. Justice Minister David Liba'i stressed, however, that it represented an emergency measure. If passed, the law would expire after six months. (Jerusalem Post, 17 June 1993)

95. On 16 June 1993, the Boston-based Physicians for Human Rights (PHR) organization charged that the closure of the territories had restricted the provision of health care services to critically ill Palestinians. Dr. Robert Kirschner, a board member of the human rights organization and one of the authors of the report, was speaking at a news conference in Jerusalem following the release of the PHR report on human rights abuses in the territories. The findings were based on two on-site study missions carried out in 1990 and 1991, as well as on additional follow-up data. Kirschner charged that patients from the territories did not have access to hospitals in Jerusalem because of the closure. For the same reason he stated that physicians and other medical health care personnel were also restricted from reaching their facilities. He claimed that since the closure, Israeli military and security forces had been engaged in acts of violence against medical facilities in the territories and have infringed the

freedom of movement of health personnel. The spokesman of the Defense Ministry claimed that he had no knowledge of the report. (Jerusalem Post, 17 June 1993)

96. On 20 June 1993, it was reported that, according to the "Yesh Gvul", protest movement, 181 reservists and regular soldiers had chosen to go to prison rather than serve in the territories. (Ha'aretz, Jerusalem Post, 20 June 1993)

97. On 21 June 1993, it was reported that the General Security Service and police had arrested five Israeli Arabs on suspicion of involvement in guns-for-drugs trading and attempts to supply weapons to activists in the northern West Bank. Three of the suspects were from Umm al-Fahm while the other two were from Taiba. (Ha'aretz, Jerusalem Post, 21 June 1993)

98. On 22 June 1993, more than 200 residents of the West Bank without valid permits were arrested within the boundaries of the Green Line. (Ha'aretz, 23 June 1993)

99. On 23 June 1993, the Minister of Police, Moshe Shahal, stated that the 28 Palestinians from the territories who went to Jordan on 20 June for security training have nothing to do with the proposal to create a Palestinian police force. He indicated that they were training to be bodyguards for members of the Palestinian delegation to the Middle East talks whose lives had been threatened and who have asked to receive protection. (Ha'aretz, 20 June 1993; Jerusalem Post, 21, 24 June 1993)

100. On 25 June 1993, a group of academics, intellectuals and Rabbis who are members of the "Israeli-Palestinian Dialogue for Peace" met with Palestinians in Nablus and issued a declaration calling for an end to the closure of the territories and for the advancement of the peace process. (Ha'aretz, Jerusalem Post, 27 June 1993)

101. On 28 June 1993, it was reported that the Egyptian "Arab Land Bank" would open branches in Bethlehem and Nablus by the end of 1993. (Ha'aretz, 28 June 1993)

102. On 28 June 1993, a group of 28 Palestinians is reported to have left the West Bank for Jordan the week before in order to participate in a three-month police training course. Conflicting reports emerged regarding the purpose of the training. According to a Palestinian security chief, the group was being trained to guard peace delegates and their headquarters. In contrast, a media advisor to the delegation was quoted as saying that the training programme was part of a Jordanian-Palestinian-Israeli agreement aimed at preparing the nucleus of a Palestinian police force. (Al-Fajr, 28 June 1993)

103. On 29 June 1993, the United States-based human rights group "Middle East Watch", claimed that the majority of persons killed in the territories by the army's special undercover units were not the wanted gunmen that the units had been established to pursue. The 187-page report entitled "A License to Kill", indicates that undercover units have killed more than 120 Palestinians since 1987 of whom only about one third were wanted. The report is based on figures supplied by "B'tselem", "Al-Haq" and the "Palestinian Human Rights Information Center". In response, the IDF spokesman indicated that "the IDF rejects with revulsion the grave accusation that soldiers shoot without discrimination at innocent local people". The IDF spokesman maintained that shooting to kill was permitted only in life-threatening situations, while shooting to wound only was permitted when trying to arrest a suspect. (Ha'aretz, Jerusalem Post, 30 June 1993)

104. On 5 July 1993, the Islamic Jihad threatened the lives of Americans working in the territories if Sheikh Omar Abdel-Rahman was extradited from the United States to Egypt. The Egyptian fundamentalist cleric who was living in New Jersey was arrested in New York in connection with a series of "terrorist" plots. (Ha'aretz, Jerusalem Post, 6 July 1993)

105. On 5 July 1993, Kenneth Roth, the acting executive director of the Middle East Watch, a United States human rights organization, declared at a conference held in West Jerusalem that during Rabin's tenure, at least 20 Palestinians had been killed by special units, while at least 120 killings could be attributed to these units during the intifadah as a whole. Roth added that these killings were the result of several factors: deficiencies in the rules of engagement, the existence of a parallel de facto set of rules which were implemented by these units, as well as the acquiescence of senior Israeli authorities and other officials. It was noted that the majority of the victims of these operations were not "wanted" activists but masked men, stone-throwers or other youths unknown to the army prior to an operation. Of the 20 killings documented in the Middle East Watch report, only four concerned "wanted" Palestinians of whom only two were carrying firearms when killed. Only in one case did the authorit

ies claim that the victim had fired at soldiers before being killed. (Al-Fajr, 5 July 1993)

106. On 5 July 1993, it was reported that the first Palestinian housing project under the auspices of the Palestine Housing Council was to be started shortly in the Nuseirat area of the Gaza Strip. The Council was set up in 1992 to handle the millions of dollars granted by the European Community for Palestinian housing. Regarding projects in Jerusalem, especially in the areas of Shufat and Beit Hanina, the Council reported that it was running into difficulties with the mayor of West Jerusalem, Teddy Kollek. Kollek's administration had demanded a detailed construction plan for any surface of over 1,000 square metres, the approval of which could take up to four years. Approval was uncertain even if all other conditions were met because many areas within the municipal boundaries had been declared public (green) areas on which construction could not take place. (Al-Fajr, 5 July 1993)

107. On 6 July 1993, Police Minister Moshe Shahal announced that an additional 140 policemen had been assigned to patrol the streets of Jerusalem following recent "terrorist" attacks in the city. (Ha'aretz, Jerusalem Post, 7 July 1993)

108. On 6 July 1993, it was reported that 44 Palestinians had started a two-week experimental TV workshop in Jerusalem to train a pool of Palestinian journalists in television news editing and reporting. Of the 44 trainees, four were from the Gaza Strip. The main instructor was a Palestinian who had spent 15 years working for Jordanian Television. (Ha'aretz, 5 July 1993; Jerusalem Post, 6 July 1993; this information has also been referred to in Al-Fajr, 12 July 1993)

109. On 7 July 1993, Israeli and Palestinian businessmen held a one-day joint conference, the first of its kind, on encouraging Palestinian exports. The conference was organized by the Civil Administration at the Ma'aleh Hahamisha guesthouse near Jerusalem. (Jerusalem Post, 8 July 1993)

110. On 8 July 1993, it was reported that Amnesty International claimed in its 1992 report that at least 120 Palestinians were shot in 1992 by the security forces, under circumstances that could be described as either executions without trial or otherwise unjustified killings. In a number of cases, medical treatment was either not provided or was delayed by the security forces. The report also stated that four Palestinians died in 1992 during interrogation. It also stated that numerous interrogations were accompanied by torture and ill-treatment. Violations of the regulations governing interrogation were not properly investigated or punished. Several hundred persons were subjected to administrative detention and spent weeks or months in prison without being tried or even indicted. In most cases, neither the prisoners nor their lawyers were ever given precise reasons for the detention. A total of 25,000 Palestinians were arrested by Israeli forces in 1992. The report also criticized the Palestinian

phenomenon of "eliminating" persons accused of cooperating with the authorities. The IDF spokesman stated that it was disturbing that the report did not provide a fair account of the scope of Palestinian "terrorist" attacks carried out in the territories and within the Green Line against Arabs and Jews alike. (Ha'aretz, 8 July 1993; Jerusalem Post, 8 July 1993)

111. On 8 July 1993, a senior IDF officer in the West Bank indicated that there had been a steady decrease in serious attacks on Israelis in 1993 inside the Green Line, while the number of wanted assailants was less than half the number six months earlier. There were 57 remaining suspects on the security services' wanted list, a decrease from 119 as at 1 January. An additional 42 names were added in 1993, amounting to a total of 104 persons who were either apprehended or had fled abroad. Four among them were killed, according to IDF sources. In contrast, the Gaza Strip has become more volatile, although there was a sharp decrease in violent confrontations during June. The focus of violent attacks this month has shifted to Jerusalem. (Ha'aretz, 9 July 1993; Jerusalem Post, 9 July 1993)

112. On 9 July 1993, Majed (al-) Khilo, one of the leaders of the "Fatah Hawks", and two of its other members were captured during an IDF operation in the Jabalia refugee camp. The three men had been sought for months for their participation in various attacks and for the murder of Palestinians. (Ha'aretz, 11 July 1993; Jerusalem Post, 11 July 1993)

113. On 9 July 1993, it was reported that the European Community announced that it would send $2.82 million in urgent food aid to Palestinian families in the Gaza Strip. (Ha'aretz, 9 July 1993; Jerusalem Post, 9 July 1993)

114. On 11 July 1993, it was reported that according to B'tselem, the Israeli Information Centre for Human Rights in the Occupied Territories, since the beginning of the uprising, i.e. December 1987 to June 1993, 1,046 Palestinian residents of the territories have been killed by the security forces; 47 were apparently killed by Israeli civilians, while 14 were apparently killed by "collaborators". During the same period, 34 IDF soldiers and 44 civilians were killed by Palestinians in the territories. The Associated Press reported that 738 suspected Palestinian were killed in the occupied territories since the beginning of the uprising. (Jerusalem Post, 11 July 1993)

115. On 12 July 1993, it was reported that police were continuing to investigate the possible existence of a Jewish paramilitary force in the territories. A month earlier, police stated that there was no such force. (Jerusalem Post, 12 July 1993)

116. On 12 July 1993, it was reported that reconstruction work continued on the Valley of Fire road which links Ramallah to Bethlehem while bypassing Jerusalem. The reconstruction was ordered by the Civil Administration shortly after the closure of Jerusalem in mid-April 1993. The road extends by 60 kilometres the one linking the two Arab towns. (Al-Fajr, 12 July 1993)

117. On 12 July 1993, according to the Israeli daily Yediot Ahronot, the Jewish movement "Kahane Hai" was reported to be running a training camp in the hills of New York. The Jews trained in this camp were to defend Jewish settlements in case the Government decided to withdraw from the occupied territories. They would join the "Judea Police Force" in the West Bank which is made up of settlers who oppose Palestinian self-rule in the occupied territories. The Israeli Government denied knowledge concerning the existence of this new Jewish underground movement. (Al-Fajr, 12 July 1993)

118. On 13 July 1993, four teenage members who belong to the "Kahana Hai", the "Kach" splinter group, were arrested for perpetrating grenade attacks on Arab merchants in the Old City on 16 November 1992. (Jerusalem Post, 13 July 1993; Ha'aretz, 14 July 1993)

119. On 13 July 1993, according to the figures presented by the IDF to the Knesset Law Committee, the sharp increase in the number of Israelis killed recently by Palestinians has coincided with a steep decline in the number of administrative detentions, the destruction of houses belonging to "terrorists" and other punitive measures. The figures were presented at what was intended as a discussion on human rights in the territories. However, the Committee chairman, Dedi Zucker (Meretz), cancelled the meeting because Prime Minister Yitzhak Rabin, who also holds the defence portfolio, did not send sufficiently high-level representatives from his two offices. (Ha'aretz, 14 July 1993; Jerusalem Post, 14 July 1993)

120. On 13 July 1993, the B'tselem human rights organization launched a campaign to get the IDF to change its orders concerning open-fire regulations. Their action came as a response to the deaths by IDF fire of 38 children and teenagers under the age of 16 during the past six months and the killing of 232 minors since the uprising began in December 1987 (this information has also been referred to in Al-Tali'ah, 15 July 1993). B'tselem maintained that the deaths showed that there was a "deliberate policy of opening fire in situations in which soldiers were not in mortal danger". (Ha'aretz, 14 July 1993; Jerusalem Post, 14 July 1993)

121. On 13 July 1993, a military spokesman declared that around 100,000 Palestinians had been arrested from the beginning of the intifadah up to June 1993. Seventy per cent of those detained had stood trial. The spokesman admitted that 8,000 Palestinians had been detained during the past six months. The figures did not include the Arab residents of East Jerusalem. (Al-Fajr, 15 July 1993)

122. On 13 July 1993, Police Minister Moshe Shahal mentioned plans to increase the number of policemen in the occupied territories in case self-rule was implemented. During his vist to the Ariel settlement, Shahal added that thousands of additional policemen would be assigned to the settlements in case a Palestinian police force was created under self-rule. (Al-Tali'ah, 15 July 1993)

123. On 14 July 1993, a special unit of the West Bank police broke into a house in el-Bireh and discovered a sophisticated laboratory for the manufacture of false documents. Three men were arrested. (Ha'aretz, 15 July 1993; Jerusalem Post, 15 July 1993)

124. On 16 July 1993, it was reported that a military cell of the Hamas had recently been discovered by the IDF and the General Security Service. Some of its members were said to be Arab Israelis. (Ha'aretz, 16 July 1993)

125. On 18 July 1993, Palestinian sources reported that five wanted gunmen belonging to the "Fatah Hawks" had escaped to Egypt. (Jerusalem Post, 18 July 1993; this information has also been referred to in Al-Fajr, 26 July 1993)

126. On 21 July 1993, MK Naomi Chazan from the Meretz party accused the army and the Government of implementing a deliberate policy of killing Palestinian children in the administered territories. Deputy Defence Minister Mordechai Gur described Chazan's charges as a "blood libel". He added that in almost all of the cases when children had been killed accidentally, they were either standing near or among rioters, were close to armed "terrorists", or soldiers had been unaware of their presence. According to the latest B'tselem report, 232 Palestinian children have been killed and thousands wounded by Israeli soldiers since the beginning of the uprising, while 38 children have been killed, 12 of whom were under the age of 13, during the past six months. (Ha'aretz, 22 July 1993; Jerusalem Post, 22 July 1993)

127. On 21 July 1993, a demonstration calling for Jerusalem to be the capital of two States was staged by a number of Israeli and Palestinian peace activists in the city. (Al-Fajr, 26 July 1993)

128. On 22 July 1993, the Minister of Health, Haim Ramon, while touring hospitals and clinics in Hebron, Bethlehem and Efrat, stated that Israel was prepared to transfer control of the health system and the administration of most areas of daily life in the territories to the Palestinians. However, he indicated that Palestinians were refusing the offer. (Jerusalem Post, 23 July 1993)

129. On 27 July 1993, the Minister of Agriculture, Ya'acov Tsur, stated during a visit to Gaza that the Agriculture Ministry strongly objected to an open border with Gaza under autonomy. Tsur stated that Israeli farmers would suffer if open borders permitted produce from Gaza to be sold in Israel and that the sale in Israel of vegetables grown in Gaza would also prevent independent development in the territories. At a meeting with the heads of Gaza agricultural unions, Tsur indicated that Israel was prepared to hand over the management of agricultural and other industries to the residents of the territories. Approximately 200,000 tons of produce are grown yearly in the Gaza district, as compared with 1.2 million tons inside the Green Line. The Civil Administration would initially grant approximately $716,846 to local farmers in order to encourage them to grow fruits and vegetables. (Ha'aretz, 28 July 1993; Jerusalem Post, 28 July 1993)

130. On 28 July 1993, slogans condemning "Operation Accountability" in Lebanon and threatening to kidnap and murder Jews in retaliation appeared on walls in Gaza City. (Jerusalem Post, 29 July 1993)

131. On 2 August 1993, it was reported that the creation of a Board of Trustees for a Palestinian radio and TV broadcasting authority the week before had prompted criticism among Palestinian journalists in the occupied territories. (Al-Fajr, 2 August 1993)

132. On 4 August 1993, the IDF spokesman announced that Brig. Gen. Shaul Mofaz, 45, had been named commander of the IDF forces in the West Bank. He replaced Brig. Gen. Moshe Ya'alon, who has been assigned to another post. (Ha'aretz, Jerusalem Post, 5 August 1993)

133. On 4 August 1993, the Israeli human rights organization B'tselem indicated that nine Palestinians had been killed by IDF soldiers during the month of July 1993, five of whom in the West Bank and four in the Gaza Strip. Among them were a 10-year-old boy and a 16-year-old youth. During the same month, three Israeli civilians were reportedly killed in armed attacks perpetrated by Palestinians. B'tselem's report also provided the following figures which cover the period from the beginning of the intifadah until July 1993:

1,056 Palestinians were killed by Israeli soldiers 235 of whom were children;

47 Palestinians were killed by Israeli settlers while 14 suspected collaborators were killed by their fellow Palestinians;

34 Israeli soldiers were killed by armed Palestinians, 47 Israeli settlers were killed by Palestinians, three of whom were under the age of 16;

48 Israeli civilians and 16 soldiers were killed inside the Green Line by Palestinian residents of the occupied territories;

14 Palestinian residents of the occupied territories were killed inside the Green Line by Israeli civilians while 7 others were killed by the Israeli police. (Al-Tali'ah, 5 August 1993)

134. On 5 August 1993, it was reported that the Association of Israeli- Palestinian Physicians for Human Rights had written to Defence Minister Yitzhak Rabin asking for the establishment of an investigation commission to investigate an incident in which a 16-year-old Palestinian girl, Iman Al Sharfa, was wounded. Al Sharfa was injured when IDF soldiers opened fire, without apparent reason, at the car she was riding in. She was denied first aid assistance and her husband was allowed to take her to the hospital only after the site of the incident had been sealed off by the IDF. Her husband was subsequently taken for interrogation and released only a few hours later. The Association also pointed out that Al Sharfa did not receive proper treatment in the hospital she was admitted to and that she subsequently had to undergo an operation in another clinic. (Al-Tali'ah, 5 August 1993)

135. On 8 August 1993, Danny Rothschild, the coordinator of activities in the occupied territories, reported to ministers that the economic situation in the territories had lately started to stabilize after a steady deterioration due to the closure. Rothschild indicated that some 47,000 residents of the territories were allowed to work in Israel, while approximately 25,000 additional persons from the territories were employed by the Civil Administration. (Ha'aretz, 9 August 1993)

136. On 9 August 1993, Jewish peace activists belonging to the recently established "Peace for Jerusalem" municipal faction, called for the immediate transfer of authority concerning eastern Jerusalem to Palestinians. (Jerusalem Post, 10 August 1993)

137. On 9 August 1993, it was reported that the Jerusalem municipality was establishing an independent administrative unit in the Arab village of Issawiya, north-west of Jerusalem. This administrative unit was to be the fourth one to be established in an Arab neighbourhood of eastern Jerusalem, after those in Beit Safafa, Beit Hanina and Attur. Nine other units have already been functioning for years in western Jerusalem. In cooperation with the Jerusalem municipality, the residents of Issawiya would deal with local matters such as the improvement of lighting and roads, the environment for children, etc. (Ha'aretz, 9 August 1993; this information has also been referred to in Al-Fajr, 18 August 1993)

138. On 11 August 1993, Prime Minister Rabin stated for the fist time that he would not stop any member of his Cabinet from meeting with a member of the PLO. (Jerusalem Post, 12 August 1993)

139. On 12 August 1993, it was reported that the Association of Israeli-Palestinian Physicians for Human Rights had written to Defence Minister Yitzhak Rabin, charging that a Palestinian shot in the leg by IDF troops had died because soldiers prevented him from receiving proper medical treatment. The organization claimed that Munir Sindi died from loss of blood after troops surrounded Nasser Hospital in Gaza and prevented doctors from entering the building to treat him. (It was reported that the organization had asked to be notified as to why Sindi had not remained in hospital for treatment and where he was subsequently taken). The incident occurred on 3 August, when security forces spotted Sindi and his brother Ashraf, a wanted man, in Rafah. The IDF spokesman stated that one of the brothers was carrying a grenade, and that Munir had tried to prevent the troops from arresting Ashraf. Munir was shot in the leg in the ensuing struggle. (Jerusalem Post, 12 August 1993)

140. On 13 August 1993, the Mayor of Jerusalem Teddy Kollek fired city councillor Sara Kaminker from one of her City Hall posts, charging her with excess for recently calling for eastern Jerusalem to be placed under Palestinian authority. Kollek removed Kaminker from her post as head of the Committee for Public Participation in Planning. (Jerusalem Post, 13 August 1993)

141. On 17 August 1993, the police prevented Mader Gershon Salomon the leader of "Temple Mount Faith" movement, from entering the Temple Mount, blocking what was to be his first visit there since 1990, when 17 Palestinians died during clashes with the police. (Jerusalem Post, 18 August 1993)

142. On 18 August 1993, it was reported that Prime Minister Yitzhak Rabin had ordered the IDF to reinforce the closure of the territories following reports that residents were often breaking the closure by going around the IDF roadblocks on their way to work to Israel. The operation started in Tulkarm area with the arrests of residents who tried to go to Israel without the required permit. (Ha'aretz, 18 August 1993; this information has also been referred to in Al-Tali'ah, 19 August 1993)

143. On 19 August 1993, it was reported that tens of residents of the occupied territories had been arrested lately for trying to cross the Green Line in order to find work in Israel, despite the closure imposed on the territories. The residents who were caught had to pay a fine and were subsequently released. (Jerusalem Post, 18 August 1993; Ha'aretz, 19 August 1993; this information has also been referred to in Al-Tali'ah, 2 September 1993)

2. Incidents linked with the uprising of the Palestinian

population against the occupation

Oral evidence

144. Mr. Raji Khedr Mussa Al Sourani of the Gaza Centre for Rights and Law provided the Special Committee with the following account of the situation prevailing in the occupied territories since the Rabin administration took office:

"I'll begin with the killings and injuries. By injuries I mean such wounds as the loss of eyes or kidneys. Some people are paralyzed and some are handicapped for the rest of their lives. The number of killings and injuries increased drastically since Mr. Rabin came into power and this number is increasing still. We believe that there is now an ease concerning firing orders which results in a higher number of killings and injuries among the Palestinian community. We noted also that there is a high percentage of killings and injuries among minors, that is persons under the age of 16. Also, in many cases, there is no reason for shooting. I could mention here the case of Mariam Abou Dera' from Nuseirat. She was born in 1959. She was standing at the entrance door of her house and waving to her children as they were going to school. She received a bullet in the eye. It penetrated into the skull. That was on 23 April 1993. She reportedly stayed until 26 April in the intensive care unit of the hospit

al and then died, leaving six children, the youngest being 6 months old and the oldest 12 years old.

"I'll also mention the case of Khaled Abu Shareikh. He was just nine years old. His mother had sent him early in the morning, around seven o'clock, to buy beans and "falafel" for the family breakfast. On his way, he received two bullets in the chest and reportedly died on the spot.

"Rana Abu Tuyur, from Khan Younis, was eight years and four months old. There was a curfew in the refugee camp. When it was lifted for a couple of hours to allow women and girls to buy food, she was asked by the neighbour to go and buy some milk for her. Only a few yards away from where she was, she received three bullets and died on the spot.

"The list of people who die in such a dramatic way and for no reason at all is just endless. Maybe in relation to this, we also noticed that there is an increasing number of snipers among the Israeli soldiers.

"From our point of view, there is a clear policy to the effect that wanted people are doomed with the death penalty, executed by soldiers or undercover units." (Mr. Raji Khedr Mussa Al Sourani, witness No. 15, A/AC.145/RT.610)

145. Mr. Ibrahim Khamis Shehada who also works at the Gaza Centre for Rights and Law provided the Special Committee with the following additional information concerning casualties among the population of the occupied territories:

"In January, the number of persons wounded by rubber bullets amounted to 123, 641 persons were injured on account of gas and tear-gas and 250 were beaten by the army forces. Among those, 150 children were hurt and had injuries made by rubber bullets and plastic bullets. The number of martyrs, that is to say those who have been killed by army bullets, amounts to 10, 2 of whom were less than 14 years of age. One was Ahmed Abedin, 14 years. He had a bullet injury in the chest. Lewa Rafik Bakron was 13 years old. He also got a bullet in the chest and that bullet was fired by a settler.

"The army shelled houses in Deir el-Balah and that caused the death of a deaf man who was 65 years of age. His name was Mohamed Salah Abu Queta. He got an injury in the shoulder and a bullet wound in the head.

"In February, the number of persons killed by army bullets amounted to 12, among whom three were less than 15 years of age: Hayel Abu Mukhamar, 13 years old, got a bullet in the head, Awad Diab, 15 years old, got a bullet in the chest, and Basel Al Horani, also 15 years old, a bullet in the chest as well. Regarding injuries and concentrating on children, 134 children sustained bullet injuries. There were 259 injuries with plastic and rubber bullets. There were 132 cases of beatings. A number of persons (196) sustained injuries on account of the use of gas.

"In March, the number of persons killed by army bullets amounted to 18. Let me cite the name of Naim Al Madhun, 21 years of age. He was killed by a settler. He received a bullet in the chest. That was close to the Erez barrier. I went to the place where it happened and I questioned witnesses. We found out that Naim had no hand in anything at all. It was just that this settler drew his gun and opened fire on this man.

"During that month, four people under the age of 15 were killed. They were: Sallam Sharab, 15 years old, from Khan Younis and Maher Al Majaida, eight years of age, from Khan Younis. Here is the photograph of the child. Killed as well was Mohamed Tawfik Jarbua, 10 years old, mentally handicapped. He was carrying a plastic gun. The fourth victim was Abdel Rahman Al Salhi, 12 years of age.

"In March, the number of people injured increased. There were 134 persons below the age of 18 years who were injured.

"In April, there were 297 bullet injuries on children below the age of 15. In the same month, 459 persons over 16 years of age were injured. Speaking of martyrs, I'll mention Amer Abu Sharkh, 13 years old. He was killed by army bullets while he was on his way to buy a plate of beans. Naima Abu Al Aish, 40 years old, was on her way to buy vegetables in the market of the Jabaliya camp. She lost her right eye. Sharif Moayat lost his right eye due to a rubber bullet and was injured in the head. He has not recovered yet. Samia Abu Al Hinn, from Khan Younis, was attacked by settlers. As you see from the photograph, she had a longitudinal wound in the head, impairing the eyesight. Raed Al Ajrami got a rubber bullet in the face.

"I also want to mention the case of Naja Helmi Abu Talal, 40 years old. She comes from the Nusseirat camp. I saw her in the intensive care unit. She was telling her children goodbye in the morning, at seven o'clock, as they were leaving for school. She was hit in the left eye by a sniper bullet. She died four days later. She was the mother of six children, the eldest is 12 years of age and the youngest is six months old.

"Summing up what I have said, from January till the end of April, the number of cases where live ammunition was used has increased. The use of rubber bullets has decreased. Gas is used less frequently, but cases of beatings have increased. Since January up to April, the number of cases of house bombardments has greatly increased. For the same period, there has been an increase in the number of cases of attacks against women. Again, for the same period, there has been an increase in the number of cases of paralysis as a result of nerve damage." (Mr. Ibrahim Khamis Shehada, witness No. 16, A/AC.145/RT.611)

146. Ms. Jessica Bonn of the B'tselem Human Rights Information Centre described to the Special Committee how undercover units operated in the occupied territories and the perceived modification of the rules for opening fire:

"I would like to comment also on the phenomenon of killings by the undercover units. From the beginning of the intifadah till November 1992, 110 of the 923 Palestinians killed by security forces were killed by undercover units. There is much questioning about what kind of open-fire regulations these units are operating under. At B'tselem, we have found that in 1992 over one half of those killed by these units were wanted persons, compared with just one third in 1991, suggesting that these units go out to the field with the aim of apprehending these suspects and perhaps are operating under open-fire regulations different from those used in regular operations. However, I would like to state that we do not use the term "death squads" in our organization because it is not seen that in most cases the army shoots to kill, in other words, that they go out to the field in order to actually kill wanted suspects. There are hundreds of cases in which suspects are caught and not killed and 110 in which suspects

were caught by undercover agents and killed. Again, I would say that there were several disturbing incidents in which suspects were shot and killed after they were in custody, that is after they were caught. There was an additional case in which an undercover agent was mistakenly shot after he was caught and killed, and, unfortunately, this did not succeed in leading to a re-evaluation of the open-fire regulations of these units, regulations which are confidential.

"Approximately one and a half months ago, there was the announcement of a change in the open-fire regulations for all regular armed forces of the IDF. The officer in command of the Southern Command, Matan Vilnai, stated that anyone carrying arms could be fired at with the intention to hit him without first going through the procedure for apprehending a suspect. Prior to this period, fire without undergoing the procedure for apprehending a suspect could only be opened in a situation of life danger. The procedure for apprehending a suspect consists of three stages: first, calling out a warning "stop or I shoot", secondly, shooting in the air, and then, thirdly, shooting at the legs. Now, apparently, these stages are not considered necessary. However, we have not succeeded in obtaining a written copy of these regulations. As I said, they are confidential. They are classified. And they are illegal, that is to say that the new orders, even though they have been written and issued to soldiers and we have

not seen them, have not been approved in a court of law and are against the High Court rulings which do require that the procedure for apprehending suspects be followed when there is no life danger.

"... it is not clear whether these new regulations have been issued in written form or not, but even if they have been issued in written form, they are contrary to the High Court rulings stating that a suspect may not be fired at above the waist if there is no life danger. Firing above the waist is prohibited unless there is life danger. That was the case in the past. Now, permission has been given to fire above the waist without a warning at anyone who is armed, even if there is no life danger.

"Our impression is that in the overwhelming majority of cases, the steps were not adhered to. I do not have an exact number. If the steps had been adhered to, the person would not have been killed. Even if the steps had been adhered to, the soldier does not have the right to shoot to kill unless he has a very clear reason to suspect that the person, in the immediate future, will harm and endanger the life of others. Since the Palestinian who is fleeing is usually fleeing among his own people, the chance that this will happen is virtually non-existent." (Ms. Jessica Bonn, witness No. 35, A/AC.145/RT.616)

147. A witness who testified before the Special Committee provided the following information concerning killings and the arbitrary manner in which they are at times carried out:

"Arbitrary killings have been carried out by the special units despite the general denunciation of such actions. These killings and murders were carried out without giving any warning and without paying any attention to the basic human right which is the right of life. Eyewitnesses have said that, in many cases, the victims were not even given a chance to surrender. In many other cases, the victims were fired at while they were not carrying any weapons or while they were holding their hands up in a sign of surrender to the soldiers. They were also fired at or beaten while they were lying on the ground wounded. In other words, they were wounded and then they were killed or beaten up.

"The acts of violence committed by the Israeli army in the Gaza sector since July of last year have been unprecedented. The operations carried out by the Israeli authorities when searching for wanted people have terrorized entire areas. Wide-ranging military operations have been carried out in the areas of Rafah and Khan Younis. They fire bullets and rockets from automatic weapons on the houses. In addition to that, the Israeli forces fired indiscriminately on civilians. On 11 November 1992, they fired at a funeral procession. The day before, they had killed the person whose funeral was taking place and on the day of the funeral, they fired on the procession. Two young men were killed and 17 persons were wounded." (Anonymous witness No. 17, A/AC.145/RT.611/Add.1)

148. Rizk Hussein Chkeir Maraabi, a researcher at the Al Haq Institute in Ramallah which deals with human rights, provided the Special Committee with the following figures concerning Palestinian casualties in the course of the current reporting period:

"According to our documents, 142 Palestinians were killed by the Israeli authorities in 1992, 52 of them were below the age of 18 years. This is also a particular phenomenon that a high percentage of the persons killed are very young.

"In 1993 until the end of March, 61 persons were killed, 28 of whom were below the age of 18 years.

"In other words, since Mr. Rabin came to power in June 1992, 147 persons were killed, 65 of whom are below the age of 18. Undercover units killed 47 persons in 1992, of whom 17 were children. In 1993, the same undercover units killed 18 persons, 6 of them being under 18 years of age. During the same period, 35 persons, of whom 18 were children, were killed with live ammunition. The number of incidents and of injured persons is high. There are more and more examples of Israeli soldiers opening fire at random in order to cause heavy casualties, in particular in the Gaza Strip and especially in the camp of Khan Younis. In one single day (I can't remember the exact date, but I can send you the information to Geneva), 6 persons were killed and 100 were wounded. Most of the injuries were caused by soldiers who were posted on roofs, which means that their lives could not have been endangered. If they are posted on the top of a building which is four storeys high, it is quite impossible to throw stones at

them and to reach them. So, their lives could not have been at risk." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

149. Testimonies relating to the incidents linked with the popular uprising may be found in documents A/AC.145/RT.607 (Mr. Riyad Mohamad Ali Abu Rahma), A/AC.145/RT.608 (anonymous witnesses), A/AC.145/RT.609 (Mr. Rizk Hussein Chkeir Maraabi), A/AC.145/RT.610 (Mr. Riyad H. Al Khoudary), A/AC.145/RT.610 (Mr. Raji Khedr Mussa Al Sourani), A/AC.145/RT.611 (Mr. Ibrahim Khamis Shehada), A/AC.145/RT.611/Add.1 (anonymous witness), A/AC.145/RT.613 (Mr. Ali Mohammed Ali Abu Ayash), A/AC.145/RT.613/Add.1 (anonymous witness), A/AC.145/RT.616 (Ms. Jessica Bonn).

Written information 10/

150. The following abbreviations of the names of newspapers are used in the tables:

AF Al-Fajr

AT Attalia

H Ha'aretz

JP Jerusalem Post

(a) List of Palestinians killed by troops or Israeli civilians

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

6 April 93 Bilal (Mohammed) Kabatiyeh Shepherd. Shot as he fled from

Suleiman, 24 (West Bank) a patrol which ordered him to stop for inspection of his papers.

(H, JP, 7 April 93; this information has also been referred to in AF, 14 April 93)

8 April 93 Raida Omar al Bani Suheila The girl was reportedly

Qarra, 13 (Gaza Strip) returning from school when

soldiers opened fire on a group of youths stoning an army post atop a building in Bani Suheila. Investigation under way.

(H, JP, 9 April 93; this information has also been referred to in AF, 12 April 93)

11-12 Raed Mohammed Ramallah Shot by an Israeli civilian,

April 93 Sha'aban, 18 (West Bank) apparently while stealing an Israeli car in Neveh Ya'acov (East Jerusalem).

(JP, 13, 14 April 93; this information has also been referred to in AF, 19 April 93)

19 April 93 Majed Musleh, Yamun Jenin Shot and killed after being

about 20 district ordered to halt. Masked.

(West Bank) Had a knife.

(H, JP, 20 April 93; this information has also been referred to in AF, 26 April 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

20 April 93 Zakaria or Ziad Jabalia Wanted fugitive. Killed in a

Al Shurbagi, 33 (Gaza Strip) shootout with the army after he

fired at soldiers in the Toufah

neighbourhood of Gaza City.

(H, JP, 21 April 93; JP, 23, 25 April 93; this information has also been referred to in Al-Tali'ah, 22 April 93; AF, 26 April 93)

21 April 93 Wael Said, 15 Gaza City Shot dead after youths threw

(Gaza Strip) bricks and iron bars at a border police jeep or, when the army opened fire at demonstrators.

(H, JP, 22 April 93; this information has also been referred to in AF, 26 April 93)

21 April 93 Mohammed Mahmoud Nuseirat Killed by a live bullet while

Abu Shawish, refugee camp soldiers dispersed

13-16 (Gaza Strip) demonstrations.

(H, JP, 22 April 93; this information has also been referred to in AT, 22 April 93; AF, 26 April 93)

23 April 93 Anwar Abu Kaloub, Beit Hanoun Hit as he was crossing the

22 (Gaza Strip) road when soldiers opened

fire at stone-throwers in Gaza.

(JP, 25 April 93; this information has also been referred to in AF, 26 April 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

25-26 Najah (Hilmi) Nuseirat Died of wounds she sustained on

April 93 Abu Dalal, 33 refugee camp 21 April 93, when soldiers

(female) (Gaza Strip) fired at a group of youths who had thrown stones and cinder blocks at an army lookout post in Nuseirat. She was apparently hit by a stray bullet in her home. The armed forces indicated that the circumstances of her death were still being investigated.

(H, JP, 27 April 93; this information has also been referred to in AF, 3 May 93)

25-26 Ahmed Nazmi Khan Younis Shot and killed during a clash

April 93 (Subhi) Hamdan, (Gaza Strip) between soldiers and

12 stone-throwers or during the dispersal of a demonstration.

Investigation under way.

(H, JP, 27 April 93; this information has also been referred to in AF, 3 May 93)

28 April 93 Rami Abu Nakhal, Shati' (Gaza Soldiers fired on a crowd

12 Strip) throwing stones at a lookout post recently set up on a rooftop. Investigation under way.

(JP, 29 April 93; this information has also been referred to in AF, 3 May 93)

28 April 93 Khaled Mahmud el-Bureij Soldiers opened fire to

Holeal, 20 refugee camp disperse rioters who were

(Gaza Strip) throwing stones at them.

(JP, 29 April 93; this information has also been referred to in AT, 29 April 93; AF, 3 May 93)

28 April 93 Mahmoud Shaheen, Irtas Shot when Palestinians stoned

25 (West Bank) a military patrol. Investigation under way.

(JP, 29 April 93; this information has also been referred to in AF, 3 May 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

28 April 93 Ibrahim Khaled Ramallah area Killed in a clash with

Deik, 14 (West Bank) soldiers. No other details

available.

(JP, 29 April 93; this information has also been referred to in AF, 3 May 93)

28 April 93 Ahmed Yakub Khedr Died when IDF soldiers raided

Sabih, 60 (Bethlehem) his house (AT, 29 April 93)

29 April 93 Ramzi Mansour, el-Bureij Died of wounds sustained

18 refugee camp in the camp on 28 April 93.

(Gaza Strip) Investigation under way.

(H, 30 April 93; this information has also been referred to in AF, 3 May 93)

3 May 93 Hani Mohammed Khan Younis All four were wanted fugitives

(or Mo'amar) (Gaza Strip) Shot dead when their car did

not stop at a roadblock near

" Ahmed Salim Dib Shati' refugee el-Bureij the refugee camp and

camp (Gaza Strip) according to an army official,

when they tried to run over a

" Mohammed Mahmoud " policeman. None of the men

Duhdar, 21 or 25 who were killed was reportedly

armed.

" Ahmed Hamed Khan Younis (H, 4 May 93; JP, 4, 5 May 93;

Sa'lik, 21 (Gaza Strip) this information has also been referred to in AF, 10 May 93)

4 May 93 Ahmed (Mutawa) Shati' refugee Shot dead by soldiers after

Subuh, 20 camp (Gaza Strip) they were stoned when troops dispersed a crowd that was mourning a dead fugitive in the Shati' refugee camp. Investigation under way. (H, JP, 5 May 93; this information has also been referred to in AF, 10 May 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

4 May 93 Anouar al-Bakah, Nablus Died of wounds sustained

19 (West Bank) inflicted by the army during

a stone-throwing incident which took place on 26 April. (H, 5 May 93; this information has also been referred to in Al-Tali'ah, T, 5 May 93; AF, 10 May 93)

6 May 93 Ala Abu Hindi, 7 Shati' refugee Killed from a distance of more

camp (Gaza Strip) than 100 metres by shots fired

at stone-throwers.

(JP, 7 May 93; this information has also been referred to in AF, 10 May 93)

7 or 8 Hussein Abu Gaza City The two brothers and Hamouda

May 93 Laban, 28 (Gaza Strip) were wanted fugitives and had

been identified as members of

" Anwar Abu " the "Izzedin al-Kassem", the

Laban, 20 military wing of Hamas. They

were killed by the IDF near

" Hassan Hamouda, Jabalia refugee the border, at Har Keren,

30 camp (Gaza Strip) while trying to cross from Gaza into Egypt. One of them apparently threw a hand grenade at the soldiers, who then opened fire, killing all three. They were armed with a hand grenade issued by the IDF, a commando knife and held Egyptian currency, United States dollars and documents.

(H, 12 May 93; JP, 12, 13 May 93; this information has also been referred to in AT, 13 May 93)

7 or 8 Nazem al-Jawad Dir Dibwan Killed by Israeli troops

May 93 Sarmeh, 16 (West Bank) while throwing stones at an IDF patrol, when he refused to obey orders to halt.

(H, 8 May 93; JP, 9 May 93; this information has also been referred to in AF, 17 May 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

10 May 93 Imad Mansi Nassar Gaza City Wanted fugitives, identified

(Gaza Strip) as members of the "Izzedin

al-Kassem" military wing of

" Hassin Ahmed Jabalia Hamas. Killed by the IDF

refugee camp while trying to cross the border from Gaza into Egypt.

" Anouar Ahmed Shati' refugee Held Israeli and Egyptian

camp (Gaza Strip) currencies and documents, some of which were forged.

(H, 12 May 93; JP, 12, 13 May 93; this information has also been referred to in AT, 13 May 93)

12 May 93 Mohammed (Salam) Rafah refugee Shot dead during clashes in

Abu Teimah, 13 camp (Gaza Strip) protest of the death by shooting of six Hamas fugitives. Investigation under way.

(H, JP, 13 May 93; this information has also been referred to in AF, 17 May 93)

12 May 93 Fad Ismail Deir el-Balah Shot dead by soldiers from

Timraz or refugee camp a rooftop outpost during a

al-Kamraz, 20 (Gaza Strip) clash in protest of the death by shooting of six Hamas fugitives. Investigation under way.

(H, JP, 13 May 93; this information has also been referred to in AT, 13 May 93; AF, 17 May 93)

13 May 93 Rafat Akel or Nuseirat refugee Killed when soldiers who were

Rifat Zaki Bazal, camp (Gaza Strip) leaving an observation post

20 were approached by a large

crowd and subsequently opened fire. Investigation under way.

(H, JP, 14 May 93; this information has also been referred to in AF, 17 May 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

16 May 93 Mohammed Faris Jabalia refugee Killed by IDF fire when

al-Kurdi, camp (Gaza Strip) soldiers fired shots in order

18 months to break up a riot by

Palestinian stone-throwers in the camp. Investigation under way.

(H, 17, 18 May 93; JP, 17 May 93; this information has also been referred to in AF, 24 May 93)

16 May 93 Mohammed Hussein, Shati' refugee Killed by IDF gunfire

Ghoul, 12 camp (Gaza Strip) during disturbances.

(H, 17 May 93; this information has also been referred to in AF, 25 May 93)

17 May 93 Moaiyed Faleh Beita (West Bank) Killed when soldiers opened

Saleh Bani fire at a group of stone-

Shamsa, 18 throwing youths, after they refused to obey orders to halt.

(H, JP, 18 May 93; this information has also been referred to in AT, 20 May 93; AF, 24 May 93)

17 May 93 Mirian Ismail Deir el-Balah Bedouin goatherder from a tent

Iktefan, 50 (Gaza Strip) camp near Deir el-Balah.

(female) According to Palestinian sources, killed by army gunfire as she sat in her tent after an explosion near an IDF post.

(H, JP, 18 May 93; this information has also been referred to in AF, 24 May 93)

17 May 93 Ahmed Hassan Shati' refugee Critically wounded on 16 May

Kurd, 11 camp (Gaza Strip) during riots against the army. Died in hospital.

(H, JP, 18 May 93; this information has also been referred to in AF, 24 May 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

18 May 93 Awni Naif al Jabalia Shot by IDF troops. Believed

Makousi, 18 (Gaza Strip) to be carrying a gun, which later proved to be a toy.

(H, JP, 19 May 93; this information has also been referred to in AT, 20 May 93; AF, 24 May 93)

18 May 93 Ismail Hamdan Beit Lahiya Killed during disturbances.

Obeid, 15 Jabalia (H, 20 May 93; this

(Gaza Strip) information has also been referred to in AT, 20 May 93)

18 May 93 Taleb Ahmed Abu Nuseirat refugee Reportedly shot by a soldier

Atieh, 17 camp (Gaza Strip) from Nuseirat on a rooftop command post in the refugee camp. Circumstances of the death unclear.

(H, JP, 19 May 93; this information has also been referred to in AT, 20 May 93; AF, 24 May 93)

18 May 93 Kamal Yosef Maghazi refugee Died in hospital of wounds

Aslan, 28 camp (Gaza Strip) sustained on 17 May when he threw iron bars. According to a Palestinian who was in the camp at the time, he was mentally retarded and had been sitting when he was shot.

(H, JP, 19 May 93; this information has also been referred to in AT, 20 May 93; AF, 24 May 93)

19 May 93 Hatam Ataf Hebron Wanted fugitives. Both were

Mohtasab (West Bank) members of the "Izzedin

al-Kassem", the Hamas military

" Yakub Mutawa " wing. Killed when they failed

to surrender and hid in an abandoned house. One was armed with a Kalashnikov assault rifle.

(H, 20, 21 May 93; JP, 20, 30 May 93; this information has also been referred to in AT, 20 May 93; AF, 24 May 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

24 May 93 Ghareb Muhammad Nablus Shot by soldiers from an

Ziad Ajaj, 17 (West Bank) observation post on the

rooftop of a high building in Nablus, after stones were thrown at an Israeli bus in the main square. It was not clear whether he threw the stones. Investigation under way.

(H, 25, 27 May 93; JP, 25 May 93; this information has also been referred to in AF, 31 May 93)

24 May 93 Raed Yusuf Rafah According to Palestinian

Zurob, 17 (Gaza Strip) sources, was writing slogans on walls with two other masked men when they were attacked by the soldiers who called out to them to halt. Investigation under way.

(H, 27 May 93; JP, 25 May 93; this information has also been referred to in AF, 31 May 93)

30 May 93 Ibrahim Ashur, 24 Rafah Alleged wanted fugitives,

(Gaza Strip) members of the "Izzedin

al-Kassem" group, the Hamas

" Mahmound Siam, 25 Khan Younis military wing. Both were

refugee camp killed during a siege of five

(Gaza Strip) houses in Gaza, after they had

shot at a soldier. Were armed with a Kalashnikov assault rifle, two M-16 rifles, two handguns, commando knives and ammunition.

(H, JP, 31 May 93; this information has also been referred to in AF, 7 June 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

31 May 93 Munir Abu Ras el-Amud Shot dead in a traffic dispute

Nijmah, 35 (East Jerusalem) by an Israeli from the Adumin settlement of Ma'aleh Adenmius. The police was to determine whether the driver was in a life-threatening situation when he opened fire. Investigation under way.

(H, JP, 1 June 93; this information has also been referred to in AF, 7 June 93)

2 June 93 Mahmoud Ghandur Ramallah Died as a result of wounds sustained on 24 May 93.

(AF, 6 June 93)

4 June 93 Ibrahim Bala (West Bank) Shot and fatally wounded by

(Muhammed) Abu the commander of a routine

Yassin, 45 or 55 army patrol when he disobeyed orders to halt. Palestinians claimed that he was working in his field near the village and began running away when the patrol arrived. They said he was mentally disturbed and may not have understood the commander's warning. Investigation under way.

(H, JP, 6 June 93)

8 June 93 Rayed Gossa or Sheikh Radwan According to Palestinian

Rahed Yahia neighbourhood sources, was shot in the

Koussa, 21 (Gaza Strip) abdomen by soldiers when troops were stoned by worshippers who were leaving the main mosque. Investigation under way.

(H, JP, 9 June 93)

9 June 93 Himan Amr el-Bureij Shot by soldiers.

Muhammed (Amar), refugee camp (H, 10 June 93)

12 (Gaza Strip)

15 June 93 Ibrahim Abu Died of wounds sustained when

Etaiwi, 2 an Israeli police car ran over him.

(AF, 21 June 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

18 or 19 Raba Sharafi or Jabalia Died of a heart attack,

June 93 Rabia Ashrafi, refugee camp possibly related to the

46 or 47 (Gaza Strip) inhalation of tear-gas.

(H, JP, 20 June 93)

27 June 93 Jamal (or Jamil) Khan Younis Was a wanted fugitive for

Wadi or Jamal (Gaza Strip) 21 months for the killing of

Sami al-Wadi, 27 5 soldiers. Killed in a car

by soldiers at a roadblock, when he fired at them. Was fleeing the scene of an earlier ambush.

(H, JP, 28 June 93)

1 July 93 Maher Abu Srour Al-Aida refugee Responsible for the murder of

camp (West Bank) General Security Service agent

Haïm Nahmani on 14 January.

" Mohammed (al) Jabalia Both were wanted fugitives.

Hindi, 23 refugee camp Killed when they tried to

(Gaza Strip) drive a stolen car through an army roadblock in southern Jerusalem after attacking a bus in Jerusalem.

(H, JP, 2, 4 July 93)

9 July 93 Samir Sha'ath Rafah Palestinian sources stated

(Gaza Strip) that a car drove up to a house just as Sha'ath was leaving it. Five soldiers dressed in civilian clothes jumped out and opened fire. They stated that Sha'ath was armed but had no opportunity to use his gun. (H, JP, 9 July 93; this information has also been referred to in AF, 12 July 93)

11 July 93 Ashraf Samamreh, Dhahiriya Died from wounds sustained the 16 previous week when soldiers opened fire at protesters.

(AF, 19 July 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

12 July 93 Mohammed Nablus Were shot dead by soldiers on

Mograbi, 19 (West Bank) patrol in the Balata refugee

camp after reportedly attacking them.

(H, JP, 13 July 93; Al-Tali'ah, T, 15 July 93; AF, 19 July 93)

" Issam (Suleiman Balata refugee "

Hosni) Salan, camp

15/19

14 July 93 Ibrahim Samara el-Bira Shot by a border policeman

al-'Awassi, 23 (West Bank) when he tried to run him over with his car.

(H, 15, 16 July 93; JP, 15 July 1993; this information has also been referred to in AF, 19 July 93)

15 July 93 Ahmad Abu Ilayan, Bani Suheila Died of wounds sustained a

92 week earlier, when he was run over by an Israeli military vehicle in the village.

(AF, 19 July 93)

16-17 Fathi Abu Rafah Died in hospital after being

July 93 Khadeir, 39 (Gaza Strip) wounded during demonstrations by undercover soldiers a week earlier in the Rafah refugee camp.

(H, JP, 18 July 93; this information has also been referred to in AF, 19, 26 July 93)

20 July 93 Ezzat Amer Jabalia Wounded on 18 July by IDF

Mattar, 10 refugee camp gunfire while playing with

(Gaza Strip) other children. Died in hospital. Investigation under way.

(H, 21, 22 July 93; JP, 21 July 93; this information has also been referred to in AT, 22 July 93; AF, 26 July 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

21 July 93 Suleiman Arafat, Abasan Al Soghra Died when he was run over by a

16 or 17 (Gaza Strip) police car as he was riding a bicycle.

(AT, 22 July 93; AF, 26 July 93)

21 July 93 Aziz Zuheikah, Sawahreh - Died of a heart attack as he

21 A Sharkiya, was chased by the IDF.

near Jerusalem (AT, 22 July 93; AF, 26 July 93)

4 August 93 Munir Jamil Rafah Died in hospital of wounds

al-Sindi, 26 (Gaza Strip) sustained on 3 August 1993, after reportedly trying to throw a grenade at soldiers. The Association of Israeli-Palestinian Physicians claimed that he died because soldiers prevented him from receiving proper medical treatment.

(H, 5 August 93; JP, 12 August 93)

6 or 7 Adnan Mar'i Karavet Bani Wanted for more than two years

August 93 (or Marai), 25 Zaid (West Bank) as one of the heads of the

military wing of Hamas. Killed after he and two accomplices opened fire at soldiers manning a roadblock near Deir Balut. Two soldiers were also killed.

(H, 8, 9 August 93; JP, 8 August 93)

13 or 14 Fakhri Salem Jaljulia Shot after throwing stones at

August 93 (Wajawah), 18 (West Bank) an IDF patrol and refusing to obey orders to halt.

(H, 15 August 93; this information has also been referred to in AF, 16 August 93; AT, 19 August 93)

________________________________________________________________________________

(b) List of other Palestinians killed as a result of the occupation

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

7 April 93 Nasser Khalil Tulkarm Shot while driving.

Salame (or (West Bank) (H, JP, 8 April 93)

Salmi), 33

14 April 93 Name not reported Gaza City Found with a note attached to

(Gaza Strip) his body which was in an advanced state of decay, indicating that he had been murdered by the "Kassem" military arm of Hamas because he had assisted the authorities.

(JP, 14 April 93)

16 April 93 Marwan Ghani or Bardala Killed when a car-bomb

Marwan Ibrahim (West Bank) exploded near a roadside

Abd el Arani, 25 café at the Moshav Mehola.

(H, JP, 18 April 93; this information has also been referred to in AF, 19 April 93)

16 April 93 Sahar Tamam Nablus Driver of the car-bomb which

Nabulsi (or (West Bank) exploded at Moshav Mehola.

al-Nabilsi), 22 Probably a member of the Hamas "Kassem" military wing.

(JP, 18 April 93; H, JP, 19 April 93; this information has also been referred to in AF, 19 April 93)

19 April 93 Majdi Abu Moussa, Khan Younis Wanted fugitive from the

27 (Gaza Strip) "Red Eagles" "terrorist" gang. Apparently shot during a clash with the army in the Nuseirat refugee camp. IDF sources indicated that they do not believe he was killed by soldiers although he had participated in an attack on soldiers.

(JP, 20 April 93; H, 21 April 93; H, JP, 22 April 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

20 April 93 Azaida or Said Deir el-Balah Shot dead by masked men.

al-Aziz (Gaza Strip) Brother of the mayor of Deir el-Balah.

(H, JP, 21 April 93)

20 April 93 Name not Beit Likia (H, 21 April 93)

reported, 22 (West Bank)

22 April 93 Name not reported Shati' (H, 23 April 93)

(Gaza Strip)

25-26 Kamal Mahmud Rafah Shot dead by masked men.

April 93 Arkam, 24 refugee camp (JP, 27 April 93)

(Gaza Strip)

30 April or Majdi Mohammed Rimal Apparently kidnapped and

1 May 93 Hassan, 65 neighbourhood murdered.

of Gaza City (JP, 2 May 93)

(Gaza Strip)

4 May 93 Yusuf Abu Mughazi Wanted fugitives. The two

Mohaisen, 25 refugee camp brothers were members of the

(Gaza Strip) "Fatah Hawks" and were killed

by men in civilian clothes who

" Juma Abu " may have been uncover soldiers.

Mohaisen, 30 However, according to the IDF spokesman, the IDF did not operate in the area and was not responsible for the deaths.

(H, 5, 6 May 93; JP, 6 May 93; this information has also been referred to in AF, 10 May 93)

4 May 93 Ali Mohammed Zeitoun Shot dead by masked men.

Zabur, 24 neighbourhood (H, 5 May 93)

of Gaza City

(Gaza Strip)

14 or 15 Maisar Said, 25 el-Bureij Was shot by Palestinian

May 93 refugee camp gunmen.

(Gaza Strip) (H, JP, 16 May 93)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

16 May 93 Ziad Abu Zhohab Hebron Were killed by gunmen firing

(or Jarab), 25 (West Bank) from a passing car as they

were buying vegetables from

" Tewfik Abu Gharab Khan Younis two Israeli vegetable

(or Zorab), 19 (Gaza Strip) merchants near the Gadid settlement in the Gaza Strip. (H, JP, 17 May 93)

28 or 29 Mohammed Ghna'or, Gaza City or Kidnapped by masked men three

May 93 24 or Abd al-Zru Shati' refugee days earlier. Killed by

idi Rashid camp masked men.

(probably the (Gaza Strip) (H, JP, 30 May 93)

same man)

22 June 93 Mohammed a-Ram or Rafah Shot. Body brought to an IDF

Mahmoud Sabri (Gaza Strip) checkpoint at the Morag

Khalil, 34 junction.

(H, JP, 23 June 93)

22 June 93 Hashim Shaban Gaza Strip (H, 23 June 93)

Fuad, 34

25 or 26 Ahmed (Abdel el-Bureij Fatah assumed responsibility

June 93 Wahab) Issa, 30 refugee camp for the killing.

(Gaza Strip) (H, JP, 27 June 93)

25 or 26 Navwal Abdel Rafah Fatah took responsibility

June 93 Rasul or Ahmed (Gaza Strip) for the killing.

Abu Rasal, 30 (H, JP, 27 June 93)

28 June 93 Salam Hamidan Bayt Fajjar Former head of the village

Takatka, 40 (West Bank) council. Shot dead by masked men, apparently on suspicion of involvement with the authorities.

(JP, 29 June 93)

2 or 3 Sami Abu Ramadan, Sheihk Radwan Shot dead after being abducted

July 93 23 neighbourhood in the street by two men who

(Gaza Strip) were in a car.

(H, JP, 4 July 93)

7 July 93 Jamal Alsug, 37 Gaza City Shot dead by two "Fatah Hawks"

(Gaza Strip) gunmen.

(JP, 8 July 1993)

________________________________________________________________________________

Place of

Date Name and age residence Remarks and source

________________________________________________________________________________

9 or 10 Name not reported Ramallah Shot dead.

July 93 (West Bank) (JP, 11 July 1993)

11 July 93 Name not reported Bethlehem Hanged on a tree.

(West Bank) (H, 12 July 1993)

14 July 93 Atef Abdelal, Rafah refugee Dragged from his home and shot

known as Abu camp dead by seven gunmen from

Hussein, 29, 30 (Gaza Strip) three different political

or 37 factions.

(H, 15 July 93; JP, 15, 18 July 93)

Abu Abdu, 30 (JP, 20 July 1993)

22 July 93 Faraj al-Kasiri, Shati' refugee Shot dead by "Fatah Hawks".

26 camp (JP, 23 July 1993)

(Gaza Strip)

26 August 93 Mashour Suleiman, Hirbet Abu Both were killed when a

16 or 17 Falah grenade they were handling

(West Bank) exploded in the Ramallah

region. They had apparently

" Osama al-Rul, " found the grenade in an open

16 or 17 field. The IDF was

investigating the incident. (H, JP, 27 August 93)

________________________________________________________________________________

(c) Other incidents linked with the uprising

Oral evidence

151. A person who used to be "wanted" and managed to escape from the occupied territories gave the Special Committee the following account of the activities of special units:

"Briefly, I can tell you that during the period in which I was wanted by the security forces, Israeli patrols used to come almost every day to our house and search it and they used to harass my family. That was one aspect. On the other hand, we suffered the danger caused by the special units, the special secret units. These have been set up by the Israeli authorities in order to fight us as wanted people. Many of those wanted became martyrs. They have been killed. They have been killed in an illegitimate way. They have been assassinated. I have been threatened a number of times, and surrounded a number of times. It could have been very possible that I would not have been able to come here before you, but I thank God that I have been spared, that I escaped and am still alive." (Mr. Riyad Mohamad Ali Abu Rahma, witness No. 1, A/AC.145/RT.607)

152. A witness described how special units confiscated Palestinian-owned cars in order to use them in searches for wanted persons:

"At the same time, the practices regarding human rights are such that people do not obtain their rights. I will give an example. I was staying at a relatives' house in the Ramallah area. These relatives have a car with the yellow plate. So, we were in the house when some Israeli soldiers knocked on the door. We opened and they asked for the keys of the car. We asked why they should ask for the car. They just answered that they needed the car and asked my relative to sign on a piece of paper. He signed. They were armed and they took the car, saying that one would have to pick up the car the next day from a place in a camp. What they really do is that they take civilian Palestinian cars and put army personnel to drive them, so that they cannot be noticed as Israelis. They drive through the villages, they rush into the houses, stormrooms, looking for people they are suspicious of and whom they want to catch. This is happening quite "normally"! So actually there is no respect for human rights and ev

ery Palestinian has his own experience of such practices." (Anonymous witness No. 5, A/AC.145/RT.608)

153. One witness informed the Special Committee about how Israeli soldiers sometimes go disguised as women during operations:

"But the Israelis still do tricks. The soldiers come disguised as women, wearing a dress, make-up, lipstick, with their hair covered and high heels. Well, the whole thing! They knock at the door. The woman in the house looks and finds another woman at the door. So, she opens the door and then, suddenly, the forces crash in and grab the young men from the house.

They knocked on the door and the husband of my relative told her to look first. She saw a woman standing in front of the door and she said "We have visitors". She opened the door and they rushed in.

"Five of them were surrounding the house and two walked in. They were all dressed as women.

"They took away the young man of the family, he is about 34 or 35 years old. They didn't stay in the house at all, they just took him and walked out.

"Yes, this is the trick. Usually, the women are in the house. They look out and when they see another woman standing in front of the door, then they open.

"There are many, many things that I could tell you. The last incident I wish to tell you about is when a group of 20 soldiers were walking along the street. I was sitting on the terrace of my house. We have many glass windows. The Israeli soldiers threw stones and broke down the windows of the house. I had my youngest child with me, a girl, one year and a half old. She got scared. I started shouting at them. So, they threw stones and one of the stones hit me on the hip." (Anonymous witness No. 22, A/AC.145/RT.613/Add.1)

154. Accounts of the killings in the occupied territories may be found in documents A/AC.145/RT.607 (Mr. Riyad Mohamad Ali Abu Rahma), A/AC.145/RT.608 (Anonymous witness), A/AC.145/RT.613/Add.1 (Anonymous witness), A/AC.145/RT)

Written information 11/

155. On 1 April 1993, several shooting incidents were reported in the West Bank: at an Israeli bus near Hebron and in the Gaza Strip, at an Israeli settler in the Kfar Darom settlement, and at an IDF patrol in the Khan Younis refugee camp (these incidents have also been referred to in Al-Fajr, 5 April 1993). There were no injuries in either of the three attacks. A petrol bomb was thrown near Tulkarm at the vehicle of a settler from Ariel. The driver was not injured although the vehicle was burned completely. (Ha'aretz, 2 April 1993)

156. On 1 April 1993, an Israeli car was set on fire in the Damascus area of Jerusalem. Two Palestinians were arrested after confrontations with IDF soldiers in the Shuafat refugee camp near Jerusalem. The IDF arrested a wanted youth in Silat Al Harthiyeh, near Jenin. (Al-Fajr, 5 April 1993)

157. On 2 or 3 April 1993, a policeman, Eitan Messika, was killed and two soldiers were wounded in the northern West Bank when soldiers fired on their car at a roadblock believing they were wanted "terrorists". Shots were fired at an army outpost in the Jabalia refugee camp. No one was injured. Shots were also fired at a patrol in Burkin, near Jenin. Soldiers returned fire. Later a 17-year-old was taken to Jenin Hospital with a light bullet wound. The IDF stated it was investigating whether there was a connection between the incidents. In Tarkumiya, near Hebron, plainclothes soldiers arrested two Palestinians. Two soldiers were slightly injured in the incident. When soldiers opened fire at the fleeing fugitives, two or three local residents were reportedly lightly injured. In Ramallah, a youth was lightly wounded by soldiers who opened fire on stone-throwers. Several residents of the Gaza district were injured during disturbances (Rafah, Shati', Khan Younis, the Deir el-Balah refugee camp and th

e Muazzi refugee camp). A petrol bomb was thrown in Hebron, no damages were reported. (Ha'aretz, Jerusalem Post, 4 April 1993; these incidents have also been referred to in Al-Fajr, 12 April 1993)

158. On 4 April 1993, in Hebron, a resident fired at the thrower of a firebomb after a bottle landed on his car and exploded. A female resident of Kiryat Arba was hit in the head by a stone thrown at her car near Hebron. (Jerusalem Post, 5 April 1993)

159. On 4 April 1993, at least 27 Palestinians are reported to have been shot and injured during clashes with IDF soldiers in various areas of the West Bank and the Gaza Strip: in Rafah, Deir el-Balah, Burkin, Awarta, Bani Suheila and Turkumeya. (Al-Fajr, 12 April 1993)

160. On 5 and 6 April 1993 (the two first days of Passover), soldiers shot and killed a shepherd near Kabatiyeh (see list). In Nablus, a soldier shot and seriously wounded an Arab who stabbed him in the neck (these incidents have also been referred to in Al-Fajr, 12 April 1993). In a moshav near Beit Shemesh, the attempted kidnapping of a young girl by a resident of the territories failed. Stone-throwing incidents were reported in the West Bank. There were no injuries. Disturbances were reported in the Gaza Strip, in the Rafah and Khan Younis; and in Jabalia, where two residents were injured. (Ha'aretz, Jerusalem Post, 7 April 1993)

161. On 5 and 6 April 1993, seven Palestinians were reportedly shot and injured by IDF soldiers in numerous confrontations in the occupied territories. Military sources reported that a wanted youth was arrested in Barta, in the Jenin district. A general strike called by the Islamic Jihad was observed in the occupied territories. (Al-Fajr, 12 April 1993)

162. On 7 April 1993, a man was shot dead in Tulkarm (see list). In Barta'a, west of Jenin, an 18-year-old Palestinian was wounded by soldiers after he acted suspiciously and was ordered to halt. A 20-year-old was lightly wounded by soldiers near Ramallah when he threw stones at them. An Israeli woman was slightly injured when the car she was in was stoned near Hebron. A petrol bomb was thrown at a military vehicle in Jenin. There were no injuries (these incidents have also been referred to in Al-Fajr, 12 April 1993). Incidents were reported in the Khan Younis, Rafah and Maghazi refugee camps, where several residents were reportedly injured. (Ha'aretz, Jerusalem Post, 8 April 1993)

163. On 7 April 1993, two wanted youths were arrested in Khan Younis. Four other Palestinians who had allegedly helped them were also arrested. (Al-Fajr, 12 April 1993)

164. On 8 April 1993, a teenage girl from Gaza was shot dead by soldiers (see list) (this incident has also been referred to in Al-Fajr, 12 April 1993). An Israeli girl was slightly injured when stones were thrown at the car she was in in Dahariya, south of Hebron. Four residents of the territories were reportedly injured during clashes in Khan Younis while two were injured in Ramallah. Incidents also occurred in Khan Younis, Jabalia, Maghazi and Shati'. (Ha'aretz, Jerusalem Post, 9 April 1993)

165. On 8 April 1993, according to the Israeli Radio, the IDF arrested 18 Palestinians wanted for membership in "the Iz Al Din Qassam" units, the military arm of Hamas. The arrested men were from Nablus and its environs. Among them were allegedly two leading members of Hamas: Salameh Mar'i, 21, and Zaher Jabrin, 25. (Al-Fajr, 12 April 1993)

166. On 9 April 1993, the occupied territories observed a general strike as the intifadah entered its 65th month. (Al-Fajr, 12 April 1993)

167. On 9 or 10 April 1993, an Arab man suspected of stealing a car near the Bukharan quarter in Jerusalem was beaten unconscious by religious residents of the neighbourhood. A home-made bomb exploded near an IDF patrol in al-Khader village, near Bethlehem. No one was injured. A bottle of acid was thrown at a police station in Bethlehem. There were no injuries. An Israeli guard riding in a gasoline truck was injured when the vehicle was stoned in the Ramallah industrial zone. The other guard aboard the tanker opened fire, but no injuries were reported. In Burkin, near Jenin, two Palestinians were wounded by IDF gunfire in two separate incidents (these incidents have also been referred to in Al-Fajr, 12 April 1993). An Israeli man was stabbed while walking in Tel-Aviv apparently in a terrorist attack. (Ha'aretz, Jerusalem Post, 11 April 193)

168. On 10 April 1993, clashes were reported in Beit Ummar, in the Hebron area, when IDF soldiers were stoned by Palestinians. Two Israeli cars were set on fire in Jerusalem. According to the IDF, six wanted Palestinians were arrested during a raid on Turkumya village in the Hebron area. (Al-Fajr, 19 April 1993)

169. On 11 and 12 April 1993, (end of Passover), the body of a Palestinian resident was found in an advanced state of decay in Gaza City (see list). An Israeli man shot and killed an Arab, who was apparently a car thief in Neveh Ya'acov (see list). An 18-year-old Palestinian resident of Bituni'a village was injured by soldiers after he reportedly stoned a passing car. An armed fugitive was injured and captured in the Nuseirat refugee camp. In Jenin, two residents were reportedly injured by IDF gunfire. According to Palestinian sources, some six residents were injured by IDF gunfire during a stone-throwing incident in the Sheikh Radwan neighbourhood of Gaza. Five residents were reportedly injured in a similar incident in Khan Younis. An IDF soldier overpowered a Palestinian who assaulted him and tried to stab him near the el-Bureij refugee camp. An Israeli mother and daughter were slightly injured when their car was stoned in eastern Jerusalem. A fire bomb was thrown at an Israeli vehicle in East J

erusalem (these incidents have also been referred to in Al-Fajr, 19 April 1993). It did not cause any damage. Gun shots were fired at a local police station in Rimal. There were no injuries or damage. (Ha'aretz, Jerusalem Post, 13 April 1993, Jerusalem Post, 14 April 1993)

170. On 11 and 12 April 1993, the IDF arrested two Palestinian activists in the Gaza Strip and two wanted persons in the village of Taibeh, in the Jenin area. A Palestinian was shot and injured by soldiers in the Nuseirat refugee camp. According to the IDF, the man was armed with a machine-gun. (Al-Fajr, 19 April 1993)

171. On 13 April 1993, six residents of Gaza who threw stones at an army patrol in Gaza City were slightly wounded when soldiers fired at them. In Jenin, a soldier was slightly wounded by glass shards when stones thrown at the army supply truck he was driving broke the windshield. (Ha'aretz, Jerusalem Post, 14 April 1993; these incidents have also been referred to in Al-Fajr, 19 April 1993)

172. On 14 April 1993, four masked men wearing IDF uniforms and armed with swords and axes, attacked a soldier police patrol, in Issawiya (East Jerusalem). One of the masked men was shot and injured, a second one was captured unharmed, while two managed to escape. Soldiers wounded three masked men, one of whom badly, in the Nablus casbah, after they tried to flee when ordered to halt. Two Palestinians, Elham Saada, 23, and Adnan Nabulsi, were also injured during the incident. In Ramallah, a youth was slightly wounded by border policemen who opened fire when a dozen of youths began throwing stones at their vehicle and refused to obey orders to stop. Hundreds of Palestinians living on the border of eastern Jerusalem converged on an entrance to the capital in order to protest its closure and demand entrance into the city. Border police broke up the demonstration, firing tear-gas into the crowd (these incidents have also been referred to in Al-Tali'ah, 15 April 1993). An explosive device was thrown at a

border police outpost in Kalkilia. No damage occurred. Stone-throwing incidents were reported in the refugee camps of the Gaza Strip (Rafah, Khan Younis and Jabalia). (Ha'aretz, Jerusalem Post, 15 April 1993; these incidents have also been referred to in Al-Fajr, 19 April 1993)

173. On 14 April 1993, IDF soldiers shot and injured a Palestinian in Tulkarm allegedly because he refused to obey orders to stop. In the Jerusalem suburb of Beit Hanina, a Palestinian family of five was shot and injured when soldiers opened fire at them. According to the father of the family, Ismail Ahmed Sayam, soldiers who were driving behind him as he was going down the main road in Jerusalem opened fire at his car. The IDF indicated that Sayam had crossed a military checkpoint without stopping. There was no checkpoint on that site, however. The IDF proposed to give Sayam compensation for the damage sustained by his car. Several persons were reportedly shot and injured in the Shati' refugee camp when soldiers opened fire at stone-throwers. (Al Tali'ah, 15 April 1993 and Al-Fajr, 19 April 1993)

174. On 15 April 1993, two armed members of the "Fatah Hawks" were arrested during a massive search conducted by troops in several refugee camps of the Gaza Strip (this incident has also been referred to in Al-Fajr, 19 April 1993). One was shot and injured after he shot at soldiers in the Nuseirat refugee camp. Palestinian sources reported that up to 10 persons were wounded in clashes with troops in the Shati' refugee camp. The IDF did not have a report on the clash. (Jerusalem Post, 16 April 1993)

175. On 16 April 1993, it was reported that the General Security Service and the police in the Amakim region had discovered a network of Israeli Arabs and Palestinians who were suspected of supplying weapons to activists in the territories. (Jerusalem Post, 16 April 1993)

176. On 16 and 17 April 1993, in an apparent suicide car-bomb attack on Moshav Mehola, an Arab worker and a man thought to be the driver were killed (see list) (this incident has also been referred to in Al-Fajr, 19 April 1993). Eight soldiers and another Arab man were slightly wounded by the blast outside a roadside café. Ten to 12 policemen were injured by stone-throwers in rioting by Druzes from the Golan Heights who were demonstrating in Majdal Shams to mark the Syrian Independence Day. According to local sources, up to 33 Palestinian residents were injured during clashes with the army in the refugee camps of Shati' and Maghazi, in Khan Younis and in the Sheikh Radwan neighbourhood of Gaza. Five petrol bombs were thrown in three separate attacks: two at a border police base in East Jerusalem, two at an Israeli truck near the al-Amari refugee camp, and one at an IDF patrol in Hebron. (Ha'aretz, Jerusalem Post, 18 April 1993)

177. On 17 April 1993, violent demonstrations broke out in the town of Beit Jala, near Bethlehem, and at the military checkpoint at the northern entrance to Jerusalem. The demonstrations were staged by Christian Palestinians who were prevented from reaching Jerusalem to practise their religion. Tear-gas was shot at the protesters. In Hebron, a bomb went off as it was being prepared, injuring one person. Shots were fired at a settler's car in the area of Gush Etzion and at a military vehicle near the Deir el-Balah refugee camp. (Al-Fajr, 26 April 1993)

178. On 18 April 1993, Ilan Feinberg, 32, a lawyer from Ramat Gan, was stabbed, axed and shot to death by two masked men in the Gaza offices of the European Development Agency where he worked as legal adviser. A Palestinian girl tried to stab a border policeman in Jerusalem's Old City (these incidents have also been referred to in Al-Fajr, 26 April 1993). Four residents of the Gaza Strip infiltrated the Or Haner Ribbutz, inside the Green Line before being arrested. The vehicle of a settler from Talmoun, west of Ramallah, was reportedly shot at several times near the settlement. (Ha'aretz, Jerusalem Post, 19 April 1993, and Ha'aretz, 20 April 1993)

179. On 18 April 1993, according to local reports, at least 57 Palestinians were shot and injured in Khan Younis and in the Shati' and Khan Younis refugee camps. A Molotov cocktail was thrown at a military vehicle in Kabatiya, in the Jenin area. The town mosque was raided by soldiers who arrested four Palestinians. Israeli cars were reportedly stoned north of Jerusalem. (Al-Fajr, 26 April 1993)

180. On 19 April 1993, a masked Palestinian was shot and killed by border police when he fled after failing to obey orders to halt (see list). Another suspect managed to escape. An armed member of a "terrorist" gang was killed, apparently during a clash with IDF troops in the Nuseirat refugee camp (see list). A 16-year-old from Beita, south of Nablus, was injured by IDF gunfire when he stoned soldiers. Five residents were injured during clashes in the southern Gaza Strip. Incidents, mostly stone-throwing, were reported in the main cities of the West Bank. A resident was reportedly injured by IDF shooting in Ramallah. Two petrol bombs were thrown at the police station in Ramallah. No one was injured. Four explosive charges were found attached to the fence surrounding the kibbutz Netzarim, near Gaza. They were subsequently deactivated. Sappers dismantled them. (Ha'aretz, Jerusalem Post, 20 April 1993; these incidents have also been referred to in Al-Fajr, 26 April 1993)

181. On 19 April 1993, the IDF troops raided and thoroughly searched the village of Beit Awwa in the Hebron area. Soldiers shot Majdi Abu Musa, 27, a Palestinian who was wanted for membership in the "Red Eagles" unit of the PFLP in the Khan Younis refugee camp. A home-made bomb exploded near a passing Israeli car in Samu Vissage near Hebron. The car was damaged. Molotov cocktails were thrown at military patrols in the villages of Beit Likya and Baka al Sharkyieh in the Jenin district. (Al-Fajr, 26 April 1993)

182. On 20 April 1993, a wanted fugitive was killed in a shootout with the army (see list) (these incidents have also been referred to in Al-Tali'ah, 22 April 1993; Al-Fajr, 26 April 1993). Four other activists were captured in Gaza. Two residents were killed (see list). Local sources reported nine injuries in the Jabalia refugee camp, in el-Bureij and in Khan Younis. Several petrol bombs were thrown at Israeli vehicles in the Hebron area. No injuries were reported. (Ha'aretz, Jerusalem Post, 21 April 1993)

183. On 21 April 1993, troops shot and killed two Palestinian youths (see list) and wounded from 42 to 60 other persons in the refugee camps of the Gaza Strip (Nuseirat, Khan Younis, Maghazi) as well as in the Tufah neighbourhood of Gaza when violent disturbances erupted to protest the killing of a fugitive a day earlier. Two residents of Ramallah, one resident of Jenin and one youth from the Deheisheh refugee camp were reportedly also injured during clashes in the West Bank (Ha'aretz, Jerusalem Post, 22 April 1993; these incidents have also been referred to in Al-Tali'ah, 22 April 1993; Al-Fajr, 26 April 1993)

184. On 21 April 1993, Jihad Adel Mohammed Amarna, 21, who had been wanted for a long time by the IDF was arrested in Yabud, near Jenin. A truck driver opened fire at three Palestinians in the Khan Younis refugee camp, slightly injuring Mufid Atrash, 28 from Dura. The IDF stated that the truck driver had been "provoked" by the Palestinians, and was justified in shooting at them. Several incidents involving the throwing of Molotov cocktails and incendiary bottles were reported: three at an Israeli car near Tulkarm, two at an army vehicle near the Beit Horon settlement in the area of Ramallah; one at a military patrol near the village of Nazlat Issa, in the Tulkarm area; and several at military and settlers' vehicles in Beit Awar and Bir Zeit. (Al Tali'ah, 22 April 1993 and Al-Fajr, 26 April 1993)

185. On 22 April 1993, a resident of Shati' was killed (see list). Thirty-six Palestinians were reportedly injured in clashes with the IDF during riots in Gaza's Shati' refugee camp and in the Sheikh Radwan neighbourhood. The riots were reportedly either set off by the establishment of new lookout posts by the army or when groups of youths started stoning an army jeep. Clashes also occurred in Nuseirat. In the West Bank, several residents were wounded in the Jenin district and in Nablus and there were also stone-throwing incidents, especially in Hebron. Petrol bombs were thrown at a settler's car in Ramallah and at a bus in Bethlehem. There were no injuries. (Ha'aretz, Jerusalem Post, 23 April 1993)

186. On 22 April 1993, Israeli forces raided the house of Bir Zeit Mayor Mansour Shahin and arrested two wanted youths. Six children under the age of 16 were arrested in Issawiyeh, on the outskirts of Jerusalem. They were charged with throwing stones and Molotov cocktails at Israeli cars and painting nationalistic slogans on walls. The IDF shot and injured 12 persons in Khan Younis. Fourteen people were injured during clashes in the Shati' refugee camp. (Al-Fajr, 26 April 1993)

187. On 23 April 1993, eight youths were shot and injured during violent demonstrations in the Shaboura neighbourhood of Rafah. The IDF announced that it had arrested the members of a Fatah cell operating in the villages of north Ramallah. Ayed Hussein, 31, the alleged head of the cell, had been arrested in Bir Zeit the day before. (Al-Fajr, 26 April 1993)

188. On 23 April 1993, it was reported that a "Fatah" cell operating in Issawiya, in eastern Jerusalem, had been discovered by the police. Six cell members, all under 18, were detained. (Ha'aretz, Jerusalem Post, 23 April 1993)

189. On 23 and 24 April 1993, soldiers shot dead a passer-by (see list) during a clash with stone-throwers, after wounding between 45 and 60 residents in the Toufah neighbourhood. Several other residents were also injured during clashes in the Shati' and el-Bureij refugee camps (these incidents have also been referred to in Al-Fajr, 26 April 1993). Four Israeli vehicles were slightly damaged by stones thrown from the Shuafat neighbourhood. More than 250 Arabs from East Jerusalem demonstrated near the Damascus Gate in East Jerusalem against the closure of the territories. An Israeli taxi driver was lightly injured when his vehicle was stoned by demonstrators. (Ha'aretz, Jerusalem Post, 25 April 1993)

190. On 25 April 1993 (Memorial Day), and 26 April 1993 (Independence Day), 3 Palestinians died (see list) and some 20 were wounded in the territories during the holidays, most of whom during disturbances which took place in the Shati' refugee camp. People were also injured during clashes with the army in Khan Younis, Rafah, the el-Bureij and Nuseirat refugee camps and in Gaza. In the West Bank, three Palestinians, one of whom was aged 14, were hurt by army gunfire in two separate incidents in Kfar Burin/Murin and in Beit Umar. Several shots were fired at an IDF outpost in Deir el-Balah, causing no injuries or damage (these incidents have also been referred to in Al-Fajr, 3 May 1993). A fire-bomb was thrown at a border police patrol on the Mount of Olives. It exploded without causing any harm. Two Israeli brothers from the Kohav Hashahar settlement were injured when soldiers who were manning an IDF roadblock near Ramallah fired at their car after the two had failed to stop. (Ha'aretz, Jerusalem Post

, 27 April 1993)

191. On 27 April 1993, unknown assailants tried to blow up East Jerusalem's main library, causing thousands of shekels worth of damage. The library served thousands of Arabs living in Jerusalem and in the territories. A general strike called by the opponents of the peace talks was observed throughout the territories, despite some attempts of shopkeepers to ignore it. Widespread clashes between soldiers and Palestinians continued in the Gaza Strip, with local sources reporting 52 or 75 wounded (in the el-Bureij, Jabalia, Nuseirat, Rafah refugee camps and in the Sheikh Radwan neighbourhood) (these incidents have also been referred to in Al-Fajr, 3 May 1993). A 12-year-old from el-Bureij had to have his leg amputated. A Palestinian who tried to attack a soldier with an axe in Rafah was shot and seriously wounded by the soldier. In Gaza's Nasser neighbourhood, armed Palestinians fired at soldiers who fired back and subsequently searched the area. (Ha'aretz, Jerusalem Post, 28 April 1993)

192. On 27 April 1993, a Palestinian was injured by soldiers during disturbances in Nablus. Clashes were reported in the villages of Kabatiya, Yabud, Barta'a, Mughayer and Zababdeh, all of which are located in the Jenin area. Palestinian youths attacked settlers' cars with Molotov cocktails in the town of Jenin. Palestinian activists shot at a military encampment in Kalkilya. (Al-Fajr, 3 May 1993)

193. On 28 April 1993, four Palestinians including a 12-year-old boy, were killed by army gunfire while at least 24 persons were wounded during protests against the new army lookout posts that were set up in the Shati' and el-Bureij refugee camps of the Gaza Strip. (Jerusalem Post, 29 April 1993; these incidents have also been referred to in Al-Fajr, 3 May 1993)

194. On 28 April 1993, a 60-year-old Palestinian died when the IDF raided his house in Khedr, near Bethlehem, and destroyed the belongings during house-to-house search in the village (see list). Clashes were reported in Bethlehem after military patrols had been stoned. Hazzan Ali Al Kardi, 50, a resident of the Shati' refugee camp, was beaten by soldiers when he intervened as they were arresting his son Khamis, 19, for stone-throwing. An incendiary bottle was thrown at a settler's car in the village of Abud. The windshields of two Israeli vehicles were broken when the cars passed by the Jalazun and Kalandyia refugee camps. A settler was injured when his car was hit with stones in Hebron. Two Molotov cocktails were reportedly thrown at a military patrol in the Jalazun refugee camp. (Al-Tali'ah, 29 April 1993 and Al-Fajr, 3 May 1993)

195. On 29 April 1993, a resident of el-Bureij died of wounds sustained during clashes with the army a day earlier (see list). Numerous incidents were reported in the territories where some 20 people were injured during disturbances in the refugee camps of Khan Younis and Rafah. Stone-throwing incidents were reported in the Shati' refugee camp and in Gaza. One or two residents were injured in two separate stoning attacks on the army in Beit Umrin and in Kfar Yamoun (these incidents have also been referred to in Al-Fajr, 3 May 1993). Three Palestinians were also injured in Nablus and Ramallah. (Ha'aretz, 30 April 1993)

196. On 29 April 1993, two Molotov cocktails were thrown at a military vehicle. The car was burned but no injuries were reported. (Al-Fajr, 3 May 1993)

197. On 30 April 1993, a settler was allegedly shot and injured by an unidentified assailant in the Gilo settlement south of Jerusalem. Molotov cocktails were thrown at an Israeli patrol in the Abu Dis village. No casualties were reported. The IDF arrested seven wanted persons: three alleged members of the "Red Eagles" in the Gaza Strip, three in Beit Hanoun, also in the Strip, and one in the area of Ramallah. (Al-Fajr, 3 May 1993)

198. On 30 April and 1 May 1993, the body of a resident of the Gaza Strip was found (see list). An Arab gunman attacked a couple in East Jerusalem's Gila neighbourhood, moderately injuring the husband. About 500 supporters of Hamas, who were led by 25 masked men, held a protest march in Gaza City in order to voice their opposition to the peace talks. (Jerusalem Post, 2 May 1993)

199. On 1 May 1993, a fire-bomb was thrown at an Israeli outpost in Jenin. Clashes were reported in the Zababdeh and Zawiya villages, in the Jenin district. A Palestinian youth threw a hand grenade at a military patrol in Gaza City and managed to escape. (Al-Fajr, 10 May 1993)

200. On 2 May 1993, a number of persons infiltrated the cornfields of Kibbutz Kfar Gaza, near the Jabalia refugee camp and attempted to set them on fire, but did not cause any harm. Clashes with the army were reported in the West Bank (Nablus and Jenin, three injuries) and in the refugee camps of the Gaza Strip (Shati', Rafah, Jabalia and Khan Younis), where five residents were reportedly wounded. Stoning incidents were also reported near Bethlehem and near the village of Silat al-Hartiya in the Jenin district. The drivers of two Israeli vehicles were slightly injured in each incident. A petrol bomb was thrown at an Israeli vehicle near Hizma, in the Ramallah district. No damage was reported (these incidents have also been referred to in Al-Fajr, 10 May 1993). A second petrol bomb was found during the search which followed. (Ha'aretz, 3 May 1993)

201. On 3 May 1993, Israeli border police shot dead four wanted fugitives in a car at a roadblock near the el-Bureij refugee camp in the Gaza Strip (see list) 11 (or 14) residents of the territories were reportedly injured during disturbances (refugee camp of Shati': 4; Jabalia and Gaza City: 6 and Hebron: 1) (Ha'aretz, Jerusalem Post, 4 May 1993; these incidents have also been referred to in Al-Tali'ah, 5 May 1993; Al-Fajr, 10 May 1993)

202. On 4 May 1993, three Palestinians were reportedly killed during a day of severe clashes in the Gaza Strip (see list). Another Palestinian died of wounds sustained several days earlier (see list). A fifth Palestinian was shot dead by masked men (see list) (these incidents have also been referred to in Al-Tali'ah, 5 May 1993). An Israeli was stabbed and lightly injured while buying fruit in Beit Lahiya. Between 25 and 40 Palestinians were reported wounded during clashes with the army in the Gaza Strip (Khan Younis, Rafah, Sheikh Radwan and the Jabalia refugee camp) and in the West Bank (Jenin, Hebron and Ramallah) (these incidents have also been referred to in Al-Fajr, 10 May 1993). Military sources announced that 10 persons had been wounded. (Ha'aretz, Jerusalem Post, 5 May 1993)

203. On 5 May 1993, two Israeli youths were lightly wounded by border police fire as they were driving near the village of A-Til, north of Tulkarm. They were called upon to halt but ignored the warning and continued to speed on. An Israeli was lightly wounded in the head when his car was stoned in al-Bira, near Ramallah. Palestinian sources reported that nine residents were injured during clashes in the Gaza Strip (Khan Younis: 2; Gaza City: 4; and the Shati' refugee camp: 3). A home-made explosive device was found and detonated by a robot in the village of Tarkumiya in the Hebron area. A general strike was observed in the Gaza Strip. (Ha'aretz, Jerusalem Post, 6 May 1993; these incidents have also been referred to in Al-Fajr, 10 May 1993)

204. On 5 May 1993, Palestinian activists shot at three Israeli vehicles in Halhoul, in Asirah village and in Kabatya, near Jenin. A Molotov cocktail was thrown at a military patrol in Jerusalem. An Israeli car was also set on fire in the Sheikh Jarrah neighbourhood of Jerusalem. Two military patrols were stoned in Hebron. (Al-Fajr, 10 May 1993)

205. On 6 May 1993, soldiers shot dead a seven year-old boy during clashes in the Shati' refugee camp (see list). At least 8 or 15 other persons were wounded in the Shati' and Mughazi camps where people were mourning local residents who had been killed over the past few days (these incidents have also been referred to in Al-Fajr, 10 May 1993). The head of the Civil Guards Volunteers Corps was shot and injured while sitting in his police car near the Bilu junction, a few kilometres from Rehovot. (Jerusalem Post, 7 May 1993)

206. On 7 and 8 May 1993, wanted fugitives who tried to cross from Gaza into Egypt were killed by the IDF (see list) (this incident has also been referred to in Al-Tali'ah, 13 May 1993). Israeli troops killed a Palestinian in a stone-throwing incident which took place east of Ramallah (see list). In Gaza City, two Arab babies and an Arab resident were injured when security forces pursued two Arab suspects who were trying to escape after a shooting incident in the Rimal neighbourhood. According to Palestinian sources, nine to 13 residents were wounded in the Shati', el-Bureij and Nuseirat refugee camps (these incidents have also been referred to in Al-Fajr, 10, 17 May 1993). Two petrol bombs were thrown at a house in Ma'aleh Shomron in the northern West Bank. They did not cause damage. Four cars were torched in eastern Jerusalem. (Ha'aretz, Jerusalem Post, 9, 10 and 12 May 1993)

207. On 9 May 1993, the gun of an Israeli truck driver went off, slightly injuring a Palestinian labourer outside the Damascus Gate in Jerusalem. A 14-year-old Arab youth was injured when soldiers engaged in an "initiated" operation shot at stone-throwers in Rai village, near Jenin. A soldier was slightly injured by a stone in Nablus (these incidents have also been referred to in Al-Fajr, 17 May 1993). Palestinian sources reported incidents in the Rafah, Jabalia and Khan Younis refugee camps, where two residents were injured. A home-made bomb was thrown at an IDF patrol in Khan Younis. A resident of the Gaza Strip entered the area of Shar Hanegev, threw petrol bombs on a cornfield and, after igniting a number of them, succeeded in returning to the Gaza Strip. A general strike was observed in the territories. (Ha'aretz, Jerusalem Post, 10 May 1993)

208. On 9 May 1993, IDF soldiers opened fire at stone-throwers in Kufr Ra'i, in the Jenin district, injuring one Palestinian youth. Three incendiary bottles were thrown at military patrols: one in the Jabalya refugee camp and two in Bala'a village. (Al-Fajr, 17 May 1993)

209. On 10 May 1993, three wanted fugitives were killed while trying to cross the border from Gaza into Egypt (see list). Six residents of the Gaza Strip were injured during clashes. Incidents were also reported in the West Bank. A 24-year-old resident of Beit Omar in the Hebron district was injured by IDF fire after he threw stones at soldiers. (Ha'aretz, 11 and 12 May 1993; Jerusalem Post, 12 May 1993; these incidents have also been referred to in Al-Fajr, 17 May 1993)

210. On 10 May 1993, four Molotov cocktails were thrown at military patrols: one in the el-Bureij refugee camp; one in Beit Ur village and two in Aboud, near Nablus. Six Israeli cars were set on fire in Jerusalem and its environs. (Al-Fajr, 17 May 1993)

211. On 11 May 1993, a soldier was bruised and a Palestinian severely injured in Rafah in a shooting ambush on IDF troops. The IDF said the wounded man was apparently an innocent bystander. Palestinian sources claimed that six people were wounded by army gunfire when soldiers returned fire. A 15-year-old was apparently shot by the driver of an Israeli vehicle as he was walking in the direction of al-Khader village, near Bethlehem (these incidents have also been referred to in Al-Fajr, 17 May 1993). Clashes were reported in Khan Younis, Rafah and Jabalia refugee camps and in Gaza City, where four residents were injured. Shots were fired at an Israeli vehicle near Neve Tsuf, north of Ramallah. No damage was caused. A petrol bomb was thrown at an Israeli vehicle by two residents of Dir Istiya, in the Tulkarm district, without causing any harm. (Ha'aretz, Jerusalem Post, 12 May 1993)

212. On 11 May 1993, Molotov cocktails were thrown at an Israeli patrol in Khan Younis. No casualties were reported. IDF soldiers attacked school children with tear-gas in the el-Bureij refugee camp. (Al-Fajr, 17 May 1993)

213. On 12 May 1993, soldiers shot and killed two youths in the Gaza Strip during clashes in protest of the death by shooting of six Hamas fugitives at the Egyptian-Israeli border (see list). Palestinian sources estimated that 30 to 31 people were injured during disturbances in the Gaza Strip (Rafah, Deir el-Balah, Gaza City and Shati' refugee camps) and in the West Bank (Jenin, Ramallah). Two paratroopers were stabbed and injured in Nablus in an apparently well-planned ambush. The attackers managed to escape. In the Ramallah fruit market, masked men shot and seriously wounded the mukhtar of the village, who was apparently suspected of cooperating with the authorities. Two Arab villagers were slightly injured by settlers during a fight over disputed land in the Silwan neighbourhood of East Jerusalem. A strike was observed in the Gaza Strip. (Ha'aretz, 13 May 1993; Jerusalem Post, 13 and 14 May 1993; these incidents have also been referred to in Al-Tali'ah, 13 May 1993; Al-Fajr, 17 May 1993)

214. On 13 May 1993, a resident of the Nuseirat refugee camp was killed by IDF fire (see list). Six (or seven) soldiers were injured when a home-made grenade was thrown at an IDF rooftop observation post in Rafah. Although the soldiers manning the post fired in the direction from which the grenade was thrown, the assailant managed to escape (these incidents have also been referred to in Al-Fajr, 17 May 1993). Nine or 10 residents were wounded in the Gaza Strip (Gaza City and Rafah) and three in the West Bank (Jenin and Ramallah). Shots from a Kalashnikov rifle were fired at a patrol in the Shabura refugee camp. The soldiers returned fire, wounding the attacker, who managed to escape. Shots were also fired at a military truck in Rafah, without causing any harm. A strike called to commemorate the deaths by shooting of six Hamas fugitives was observed in the Gaza Strip for the second consecutive day. (Ha'aretz, Jerusalem Post, 14 May 1993)

215. On 14 and 15 May 1993, Palestinian gunmen killed a Palestinian in the el-Bureij refugee camp (see list). Four or five reserve soldiers were injured when a hand grenade was thrown at an IDF observation post on top of a two-storey building in the Shati' refugee camp. Soldiers manning the outpost opened fire after the grenade was thrown, wounding five Palestinians. Disturbances occurred throughout the Gaza Strip and Palestinian sources indicated that between 20 and 50 Palestinians were wounded. Israeli military sources announced that they knew only of 11 Palestinian casualties. A home-made bomb was discovered near an IDF position in Beit Cruar village, in the West Bank. Two teenagers were slightly injured in two separate stone-throwing incidents in Kfar Sair (east of Hebron) and in Kaf Ein Abus (in the Nablus area) (these incidents have also been referred to in Al-Fajr, 17 May 1993). A strike called in protest of the forty-fifth anniversary of the establishment of Israel was observed throughout th

e territories except in Jenin and Tulkarm. (Ha'aretz, Jerusalem Post, 16 May 1993; these incidents have also been referred to in Al-Fajr, 24 May 1993)

216. On 14 May 1993, a bomb was placed in a military post in Yatta, near Hebron. The bomb was de-activated before it exploded. A Molotov cocktail was thrown at a military vehicle near the Al Alhdar Mosque in Hebron while two others were thrown at an Israeli car in the Thouri neighbourhood of Jerusalem. The car was damaged. (Al-Fajr, 17 May 1993)

217. On 16 May 1993, gunmen firing from a passing car killed two Israelis, Nissim Falas, 33, from Dimona, and Avshalom Halfon, 21, from Ofakim, as well as two Palestinian vegetable merchants (see list) near the settlement of Gadid, west of Khan Younis. IDF troops killed an 18-month-old boy, while shooting to break up a riot by Palestinian stone-throwers in the Jabalia refugee camp (see list). A 12-year-old boy was killed by IDF gunfire during disturbances in the Shati' refugee camp (see list). Between 20 and 32 persons were reported wounded in the Gaza Strip, especially in Jabalia and Shati' camps, following the funeral of a Hamas fugitive who had been shot by Israeli troops at the Egyptian border. A fire-bomb was thrown at the car of a Jewish resident of Dalev, east of Ramallah. (Ha'aretz, Jerusalem Post, 17 May 1993; these incidents have also been referred to in Al-Fajr, 24 May 1993)

218. On 16 May 1993, two Israeli vehicles were set on fire in separate incidents in Ramallah and Jerusalem. (Al-Fajr, 24 May 1993)

219. On 17 May 1993, a Palestinian was killed when soldiers opened fire at a group of stone-throwing youths in Beita, near Nablus, after they refused to obey orders to halt (see list). Five other residents were also wounded in the incident (these incidents have also been referred to in Al-Tali'ah, 20 May 1993). A woman was killed by IDF gunfire in Deir el-Balah, according to Palestinian sources (see list). An 11-year-old who was critically wounded in the Shati' refugee camp a day earlier died in hospital (see list) (these incidents have also been referred to in Al-Fajr, 24 May 1993). Palestinians reported that some 37 residents were injured during clashes with the army, most of whom in the Shati' and Rafah refugee camps. A petrol bomb was thrown at an Israeli vehicle near Silat a-Dahar, in the Jenin district. No damage was reported. (Ha'aretz, Jerusalem Post, 18 May 1993)

220. On 18 May 1993, IDF troops shot and killed two residents of Jabalia during disturbances (see list). Another Gazan was shot dead while a fourth, who had been wounded on 17 May 1993, died in hospital (see list). Some 50 residents were reportedly injured during riots in Jabalia. Clashes were also reported in Jenin and Ramallah, where one person was injured (these incidents have also been referred to in Al-Fajr, 24 May 1993). A petrol bomb was thrown at an IDF outpost in the Tulkarm refugee camp without causing any harm (these incidents have also been referred to in Al-Tali'ah, 20 May 1993). A woman tourist was slightly injured when the bus she was in was stoned in East Jerusalem. (Ha'aretz, 19, 20 May 1993; Jerusalem Post, 19 May 1993)

221. On 18 May 1993, several demonstrators were beaten by Israeli soldiers who were dispersing a march organized by Palestinian residents at Jerusalem's northern checkpoint to protest the 50th day of closure of the city. (Al-Fajr, 24 May 1993)

222. On 19 May 1993, two armed activists were killed by an IDF patrol in Hebron (see list). Sergeant Shmuel Tiho, 21, from Beersheba, died of stab wounds suffered on 12 May 1993 when he was attacked by three Palestinians during guard duty at an observation post in Nablus. A bomb exploded at a military bus station in Nablus, causing no injuries but destroying the station (these incidents have also been referred to in Al-Tali'ah, 20 May 1993; Al-Fajr, 24 May 1993). Seven residents of the territories were reportedly injured by IDF shooting (in the Jabalia, Shati' and Ramallah refugee camps). (Ha'aretz, Jerusalem Post, 20 May 1993)

223. On 20 May 1993, seven residents were injured during clashes (Gaza City: 4; Shati' refugee camp: 3) (this incident has also been referred to in Al-Fajr, 24 May 1993). An explosive device went off at the IDF transport station for soldiers near the Bracha settlement in the West Bank. No injuries were reported. A petrol bomb was thrown at an IDF patrol in the centre of Hebron. (Ha'aretz, 21 May 1993)

224. On 21 and 22 May 1993, two IDF soldiers were lightly wounded when a hand grenade was thrown at their patrol in the Shati' refugee camp. In Hebron, a Jewish boy was hit in the head with stones and suffered light wounds. A woman from Lod was stabbed in the back, apparently by a Palestinian, while she was walking down the street. In Khan Younis, four explosive devices were thrown at Israeli troops in two different locations in the town. There were no casualties. Troops shot and wounded several Palestinian (between 7 and 15) in the territories (Nablus, Ramallah, Rafah, Jabalia and Gaza City). (Ha'aretz, Jerusalem Post, 23 May 1993; these incidents have also been referred to in Al-Fajr, 24, 31 May 1993)

225. On 23 May 1993, four residents were injured in the Gaza Strip during clashes with soldiers. Several stone-throwing incidents involving IDF soldiers were reported in the West Bank. No one was injured. A Palestinian threw a grenade at an IDF outpost on the roof of a building in Gaza City. The grenade was deactivated without causing harm. Several shots were fired at an IDF patrol in Gaza City. No damage was reported (these incidents have also been referred to in Al-Fajr, 31 May 1993). An explosive device was thrown at an Israeli bus. There was no damage. (Ha'aretz, 24 May 1993)

226. On 24 May 1993, soldiers shot dead two Palestinian youths in Nablus and Rafah (see list). Two other persons were also injured during incidents. (Ha'aretz, Jerusalem Post, 25 May 1993; these incidents have also been referred to in Al-Fajr, 31 May 1993)

227. On 25 and 26 May 1993 (Pentecost, Feast of Weeks), five residents of the Gaza Strip were injured during clashes with the IDF (Rafah: 4; Gaza City: 1). Two residents of the West Bank were wounded in Ramallah and Jenin. Shots were fired at an Israeli patrol in Rafah. There were no casualties. (Ha'aretz, Jerusalem Post, 27 May 1993)

228. On 25 and 26 May 1993, Palestinians fired at a military outpost in Kabatiya, in the Jenin district. No casualties were reported. Fierce clashes were reported in Khan Younis and its refugee camp. Stones and empty bottles were thrown at military patrols in Tulkarm, Ramallah, Hebron and in Ein Arik village. Israeli explosives experts dismantled a bomb in Jerusalem. (Al-Fajr, 31 May 1993)

229. On 26 May 1993, members of a Fatah cell who were responsible for the throwing of Molotov cocktails at the house of former Israeli minister Ariel Sharon in the Old City, were arrested in Jerusalem. (Al-Fajr, 31 May 1993)

230. On 27 May 1993, an Arab woman carrying a knife was shot and seriously wounded by a border policeman in eastern Jerusalem, with the bullet passing through her head and injuring a pregnant Jewish woman standing nearby (this incident has also been referred to in Al-Fajr, 31 May 1993). Six residents were reportedly injured in the territories (Rafah: 4 and Jenin: 2). Shots were fired at an Israeli patrol in Rafah without causing harm. (Ha'aretz, Jerusalem Post, 28 May 1993)

231. On 27 May 1993, it was reported that a Fatah affiliated "terrorist" cell based in Jerusalem Old City was discovered by the police. Some 12 members of the "Black Panthers" cell had been detained recently and more arrests were expected. All but one of the persons who were arrested were minors. The youths, coming from the Christian and Muslim quarters of the city, were allegedly responsible for the burning of cars, torchings, stoning and the throwing of fire bombings in and around the Old City. (Ha'aretz, Jerusalem Post, 27 May 1993)

232. On 28 and 29 May 1993, Erez Shmuel, 22, student at the Nir yeshiva in Kiryat Arba, was stabbed and hacked to death as he was on his way to pray at the Tomb of the Patriarchs in Hebron (this incident has also been referred to in Al-Fajr, 31 May 1993). The body of a Palestinian was found in the Gaza Strip (see list). IDF and Palestinian sources reported that eight persons were wounded in clashes: four in the Rafah refugee camp, two in the Khan Younis camp and two in the Jabalia camp. Another resident was reportedly injured in the West Bank. A grenade was thrown at a tourist bus in the centre of Bethlehem, without causing any harm. In Gaza City, shots were exchanged between wanted fugitives and an IDF patrol. According to Palestinian sources, a Palestinian teenage girl was wounded by IDF fire. A border policeman was slightly injured during the arrest of a masked man who was painting slogans in Silwan (East Jerusalem) (these incidents have also been referred to in Al-Fajr, 6 June 1993). An Israel

i car was burned in East Jerusalem. (Ha'aretz, Jerusalem Post, 30 May 1993; these incidents have also been referred to in Al-Tali'ah, 30 May 1993)

233. On 30 May 1993, security officials announced that 68 armed fugitives had been captured and that between 14 (or 16) had been killed or were caught during the closure of the territories. An additional 25 to 30 have reportedly fled to Egypt. (Ha'aretz, Jerusalem Post, 31 May 1993)

234. On 30 May 1993, it was reported that General Security Service agents had recently arrested the members of several cells belonging to "Izzadin al-Kassem", the military wing of the Hamas movement. The 25 suspects who were arrested were all residents of the Hebron area. (Ha'aretz, Jerusalem Post, 1 June 1993)

235. On 30 May 1993, the army ended a 12-hour siege of five houses in Gaza during which two Hamas activists were killed (see list) and one was wounded. One soldier was also slightly hurt. Two Arab women and a child were lightly hurt in Hebron when settlers who had been pelted with stones retaliated by shooting first in the air, and then allegedly in the direction of the stone-throwers (these incidents have also been referred to in Al-Fajr, 7 June 1993). Eleven residents were reportedly injured in the Gaza Strip (Gaza City, Shati', Jabalia and Khan Younis). Residents were also wounded in the West Bank (Jenin and Ramallah) during disturbances. A car was burned in eastern Jerusalem. (Ha'aretz, Jerusalem Post, 31 May 1993)

236. On 31 May 1993, a Jewish driver shot dead an Arab motorist and slightly injured his brother in a Jerusalem traffic dispute (see list). Unidentified gunmen fired at an Israeli car in the Gilo neighbourhood of eastern Jerusalem. There were no injuries or damage. Shots were also fired at an Israeli car in Hebron. Masked men threw stones and a petrol bomb at a fuel tank south of Hebron. A soldier was stoned and injured in the same area. (Ha'aretz, Jerusalem Post, 1 June 1993)

237. On 1 June 1993, a hand grenade was thrown at an IDF patrol in Gaza City. There were no injuries or damage. An IDF soldier was wounded when he fell from a rooftop in the Bethlehem area. (Ha'aretz, 2 June 1993)

238. On 3 June 1993, a commercial strike was observed in the Gaza Strip. (Ha'aretz, 4 June 1993)

239. On 3 June 1993, Palestinian youths opened fire at an army patrol in Nablus, injuring an Israeli soldier. Six Palestinians were shot and injured by IDF soldiers in the Shati' refugee camp, in the Gaza Strip. (Al-Fajr, 7 June 1993)

240. On 4 and 5 June 1993, the commander of a routine army patrol shot and fatally wounded a farmer near Tulkarm, after the man had disobeyed orders to halt (see list). A police explosives expert was seriously injured when a booby-trap exploded only two kilometres away from two similar bombs placed near Moshav Shekef, inside the Green Line. The two bombs exploded when run over by a jeep, which was damaged. In the Deir el-Balah refugee camp, a woman resident tried to stab a soldier but was disarmed and apprehended before she was able to strike. Two soldiers were slightly wounded in Rafah when Palestinians threw a grenade at the foot of a patrol. Four Palestinians were injured in Rafah, three in Gaza City and up to ten in the Shati' refugee camp during clashes. Disturbances were also reported in Ramallah and Jenin where two residents were injured. Three petrol bombs were thrown at an IDF outpost in the Jabalia refugee camp. There were no injuries nor damage. Arsonists placed gasoline-soaked rags out

side six grocery shops selling Israeli goods, in different locations of Ramallah-al-Bira and set them on fire. Only slight damage was caused. (Ha'aretz, 6 June 1993; Jerusalem Post, 6, 10 June 1993)

241. On 6 June 1993, two soldiers were slightly injured by a hand grenade thrown at an IDF patrol in Rafah. Palestinian sources reported four injured residents during clashes in the refugee camps of the Gaza Strip (Jabalia, Khan Younis and Shati') and in Gaza City. A petrol bomb was thrown at a Jewish house in Jerusalem's Old City, without causing harm. Settlers reportedly damaged at least two houses in Hebron and injured two Arab stone-throwers. (Ha'aretz, 7 June 1993)

242. On 6 June 1993, three fire-bombs were thrown at military targets in the Jabalia refugee camp. A strike was observed throughout the occupied territories to mark the twenty-sixth anniversary of the 1967 war. (Al-Fajr, 14 June 1993)

243. On 7 June 1993, superintendent Yossi Hayoun, 36, the police explosive sapper who was critically injured on 4 June 1993 when a booby-trap he was activating exploded, died of his wounds. Twelve residents were slightly injured during clashes in several localities of the Gaza Strip Shati', Jabalia and Nuseirat refugee camps and in Gaza City. A 17-year-old youth and a child were shot and injured during the dispersal of stone-throwers in two separate incidents in the Nablus area. In both cases, the injured had taken part in the stoning of military forces. A hand grenade was thrown at an IDF patrol in the Rafah refugee camp. There were no injuries or damage. (Ha'aretz, Jerusalem Post, 8 June 1993)

244. On 8 June 1993, a Gazan was killed (see list) and another one slightly wounded during clashes between soldiers and stone-throwing youths outside a mosque in the Sheikh Radwan neighbourhood of Gaza. Three to 10 Palestinians were wounded in clashes throughout the Gaza district in the Jabalia, Rafah, Khan Younis and Gaza City refugee camps. Several disturbances were reported in the West Bank; one resident was injured in Ramallah. Two Israelis were slightly injured by stones in the Kalendia refugee camp and in the Ramallah area. (Ha'aretz, Jerusalem Post, 9 June 1993)

245. On 8 June 1993, two Molotov cocktails were thrown at an Al-Ittihad, Israeli military patrol in Hebron. A wanted Palestinian was arrested in the town of Beit Sahur, near Bethlehem. (Al-Fajr, 14 June 1993)

246. On 9 June 1993, severe clashes during which soldiers killed a 12-year-old boy (see list) and injured up to 26 residents were reported in the Gaza district. Following the killing of the youth, disturbances spread to el-Bureij where 14 to 19 residents were injured. Palestinian sources reported incidents during which seven residents were injured in Gaza Cities, in Khan Younis and in Rafah. Three residents were injured by IDF shooting in Bethlehem. An Israeli was stabbed and lightly injured by a female assailant in an industrial area near the Erez checkpoint. (Ha'aretz, 10 June 1993)

247. On 10 June 1993, during disturbances in the territories, five residents were injured in Rafah and Khan Younis while two were injured in Ramallah. A hand grenade was thrown at an IDF patrol in Rafah. The grenade exploded without causing harm. (Ha'aretz, 11 June 1993)

248. On 10 June 1993, soldiers opened fire at stone-throwers in Halhul. No casualties were reported. Two incendiary bottles were thrown at Israeli vehicles in Hebron, causing no damage. A strike was observed in the occupied territories to mark the 66th month since the beginning of the intifadah. (Al-Tali'ah, 10 June 1993)

249. On 11 June 1993, two Palestinians were shot and injured by IDF soldiers in the el-Bureij refugee camp. Two other youths were injured during demonstrations in the Shati' refugee camp. (Al-Fajr, 14 June 1993)

250. On 11 and 12 June 1993, Palestinian sources reported that 12 residents had been injured in the Gaza district over the weekend. The principal clashes occurred in Rafah where four persons were wounded. Six persons were injured in Jabalia and Khan Younis and two were injured in Gaza City. The sources also reported three injuries in Ramallah and Jenin and incidents near Hebron and in the Bethlehem area. Two petrol bombs were thrown at a border police patrol in Ramallah. There was no damage. (Ha'aretz, Jerusalem Post, 13 June 1993)

251. On 13 June 1993, eight Palestinians were shot and injured in Gaza City and in Khan Younis. A Molotov cocktail was thrown at a military patrol in Gaza City. Two Israelis were injured during two separate stone-throwing incidents in the village of Beit Sira and in Ramallah. Settlers' cars were stoned in Sa'ir, Halhul and in Dhahiriyeh, all in the Hebron area. (Al-Fajr, 21 June 1993)

252. On 14 June 1993, Palestinian sources reported that four residents were wounded during clashes with the IDF in Rafah while two were wounded in Gaza City. Disturbances also took place in the Khan Younis, Jabalia and Shati' refugee camps. In the West Bank, two residents were wounded during clashes in Jenin. Disturbances were also reported in Ramallah and Hebron. Several shots were fired at a foot patrol in Rafah. A grenade was thrown at another patrol that came to the same area. The grenade exploded but did not cause any injuries. (Ha'aretz, 15 June 1993)

253. On 15 June 1993, a two-year-old boy died of wounds sustained earlier (see list). Yasser Abu Nawarab, 6, was shot in the leg by Israeli soldiers in the Rimal neighbourhood of Gaza. Two Israeli cars were set on fire in Jerusalem. A number of Arab-owned cars were also damaged by Jewish settlers. (Al-Fajr, 21 June 1993)

254. On 16 June 1993, seven residents of the Gaza Strip were reportedly injured during demonstrations against IDF soldiers in Khan Younis and in Jabalia. The IDF spokesman did not report any disturbances in the Gaza Strip. Several shots were fired at soldiers in the Gaza Strip. Isolated clashes were reported in the West Bank, in Ramallah and in the Jenin area. (Ha'aretz, 17 June 1993)

255. On 17 June 1993, four petrol bombs were thrown at an Israeli bus in the Nablus district, without causing harm. A hand grenade was thrown at an IDF patrol in Rafah. (Ha'aretz, 18 June 1993; Jerusalem Post, 20 June 1993)

256. On 18 June 1993, it was reported that 20 residents of the Khawara village in the West Bank were arrested by the army during a special operation. The throwing of stones at Israeli cars in that village was reportedly three times higher than in any other village in the West Bank. Between January and mid-May 123 stone-throwing incidents were reported, 67 vehicles were damaged, two persons were wounded and 18 windshields were smashed. (Ha'aretz, 18 June 1993)

257. On 18 and 19 June 1993, a woman died of a heart attack, possibly related to the inhalation of tear-gas (see list) while a four-year-old boy was moderately wounded by IDF fire during disturbances in the Jabalia refugee camp. Palestinian sources indicated that 15 to 17 people were wounded in the Jabalia market when youths who were among a crowd of shoppers threw stones at an army patrol and soldiers responded by throwing canisters tear-gas and live and rubber bullets to disperse the crowd. The IDF stated that five persons had been wounded including the boy. A sixth person was hit by a stone thrown by Palestinians. Local sources indicated that 10 persons were also wounded in clashes in the Shati' refugee camp. The army, however, stated that it had no record of clashes there. Clashes between the IDF and local residents were also reported in Khan Younis, Rafah (four injured) and Gaza City. A resident of Ramallah was reportedly also injured by IDF fire. An Israeli watchman was shot and seriously wou

nded by gunmen near Har Gilo, while a second guard stated that a gunclip under his belt took the impact of a bullet and saved him from injury. Two Israelis were injured when their car was hit by stones as they drove past Kubeiba village, north of Jerusalem; a third Israeli was stoned and injured in Ramallah. (Ha'aretz, Jerusalem Post, 20 June 1993)

258. On 21 June 1993, a cameraman for the Worldwide Television News was shot and slightly wounded by IDF soldiers while filming clashes in the Shati' refugee camp. A resident was shot in the head by masked men when he opened the door of his house in the Jabalia refugee camp. (Jerusalem Post, 22 June 1993)

259. On 22 June 1993, two men were killed in the Gaza Strip (see list). Five residents were injured during clashes with the IDF in the Gaza Strip (Rafah: 4 and Gaza City: 1). Disturbances were reported in the Jabalia refugee camps, in Rafah, in Ramallah and in Jenin. Several shots were fired at an IDF post in Gaza City, but did not result in injuries. Undercover troops captured three wanted gunmen in the Rimal neighbourhood of Gaza City after a two-hour siege, in which soldiers fired shots and used stun grenades, which are not excessively harmful. (Ha'aretz, Jerusalem Post, 23 June 1993)

260. On 23 June 1993, Palestinians reported that five residents were injured during disturbances (Rafah: 4 and Jabalia refugee camp: 1). The army had no report of the incident. Isolated stone-throwing incidents were reported in the West Bank. A grenade was thrown at the Civil Administration building in Ramallah. In Jenin, soldiers fired back at youths who threw a fire-bomb at them. There were no casualties or arrests. An Israeli man was wounded by glass fragments when Palestinian youths threw stones at his car in the Ramallah market. (Ha'aretz, Jerusalem Post, 24 June 1993)

261. On 24 June 1993, two incendiary bottles were thrown at military targets in Gaza City and in Hebron. No casualties were reported. A woman and two children were injured when their car was stoned by settlers in the town of Dura, in the Hebron district. A Palestinian was shot and slightly injured by soldiers in Rafah. Two wanted Palestinians were arrested: one in the Shati' refugee camp and the other in Khan Younis. (Al-Fajr, 28 June 1993)

262. On 25 June 1993, seven Palestinians, among whom were three children, were injured during demonstrations in the Shati' refugee camp. A Molotov cocktail was thrown at an Israeli patrol vehicle in Gaza City. No damage was reported. (Al-Fajr, 28 June 1993)

263. On 25 and 26 June 1993, the Fatah organization claimed responsibility for the killing of two Palestinians (see list). Troops seriously wounded two Palestinians and lightly wounded a third one when they opened fire on a group of stone-throwers in Jenin. Stone-throwing incidents were also reported in Ramallah and Bethlehem and the Gaza City where four residents were injured. (Ha'aretz, Jerusalem Post, 27 June 1993)

264. On 27 June 1993, a reserve soldier was seriously wounded in an ambush set up by Hamas gunmen near Khan Younis. A wanted activist who fled the scene was subsequently killed by soldiers at a roadblock (see list). (Ha'aretz, Jerusalem Post, 28 June 1993)

265. On 28 June 1993, masked men shot dead the former head of the Beit Fajr village council in his house (see list). An IDF patrol was shot at by a gunman in the Shabura refugee camp. Palestinian sources reported stone-throwing incidents in Gaza City, Shabura, Rafah, Khan Younis and Shati'. According to the sources, seven residents were injured by IDF shooting. Stone-throwing incidents were also reported in the West Bank, in Jenin, Ramallah and Nablus, where one resident was injured. (Ha'aretz, Jerusalem Post, 29 June 1993)

266. On 28 June 1993, a hand grenade was thrown at a military patrol in Rafah. Four Israeli cars were set on fire in the Ramat Eshkol settlement near Jerusalem. (Al-Fajr, 5 July 1993)

267. On 29 June 1993, two IDF reservists on patrol in the foothills of Mount Gilboa were lightly wounded by a bomb placed on the side of the road which destroyed their jeep. A soldier was wounded when two IDF units in Gaza exchanged fire after mistaking each other for "terrorists" by mistake. (Ha'aretz, Jerusalem Post, 30 June 1993)

268. On 29 June 1993, Palestinian sources reported that 15 Palestinians were shot and injured by soldiers in various incidents in the occupied territories. Two soldiers were injured when an explosive device exploded in the village of Arbouneh. (Al-Fajr, 5 July 1993)

269. On 30 June 1993, three Palestinians were shot and injured by soldiers: 1 in Hebron and 2 in Gaza City. Two Molotov cocktails were thrown at military targets in Rafah and in Gaza. No casualties or damage were reported. One youth was reportedly shot and injured in Jayus. (Al-Fajr, 5 July 1993)

270. On 1 July 1993, three gunmen attacked a bus in Jerusalem early in the morning killing two women, Olga Khaikov, 42, and Jesunelle Kadosh-Dayan, 39, and wounding two other persons in the attack. Two gunmen were killed by troops (see list) while the third one who was affiliated with the Iz al Din Qassam, was apparently shot and injured by one of his comrades during the attempted abduction (this incident has also been referred to in Al-Fajr, 5 July 1993). The gunmen also left two bombs in the Givat Hamivtar neighbourhood of Jerusalem. The bombs were deactivated by explosives experts. Over 10 shots were fired at Arab workers in Jerusalem. Five of them were lightly injured when, in a panic, they jumped into a construction pit. (Ha'aretz, 2, 4 July 1993; Jerusalem Post, 2, 4, and 6 July 1993)

271. On 2 and 3 July 1993, a man was shot dead (see list). Four soldiers were wounded in a grenade attack in Gaza City when a man jumped out of a car and threw two hand grenades at the front gate of the town central prison. The assailant managed to escape. Two soldiers were slightly injured by shrapnel from a home-made bomb which was thrown at a patrol in the Shabura neighbourhood of Rafah. Palestinians reported that a grenade was thrown at a patrol in Khan Younis, which was not confirmed by the army. Soldiers opened fire, hitting five Palestinians (these incidents have also been referred to in Al-Fajr, 5, 12 July 1993). Palestinian sources reported that 14 residents were injured throughout the territories. Two Israeli cars were set on fire in East Jerusalem. (Ha'aretz, Jerusalem Post, 4 July 1993)

272. On 2 July 1993, 15 Palestinians, including 5 who were under the age of 14, were shot and injured by IDF soldiers in the Gaza Strip. The most violent demonstrations took place in the Shati' refugee camp. Two Molotov cocktails were thrown at an Israeli truck near Ibtan, inside the Green Line. The truck was damaged but the driver was not injured. (Al-Fajr, 5 July 1993.)

273. On 3 July 1993, 20 Palestinians, 6 of whom were children, were injured by IDF soldiers in the Gaza Strip. (Al-Fajr, 12 July 1993)

274. On 4 July 1993, seven Palestinians were reportedly shot and injured in separate incidents: in Jenin, in Ramallah, in the Jabalia refugee camp and in Gaza City. A Molotov cocktail was thrown at a military patrol in the Shati' refugee camp. No damage was reported. (Al-Fajr, 12 July 1993)

275. On 5 July 1993, an Israeli woman was stabbed by two Arabs in the Yemin Moshe section of Jerusalem. The assailant managed to escape. Only hours after the Israeli woman was stabbed, a Jewish youth diverted an Arab-owned truck in Jerusalem, causing the driver to lose control of the vehicle and crash into a car coming from the opposite direction. The man, who was from Bethlehem, was slightly injured. (Ha'aretz, Jerusalem Post, 6 July 1993)

276. On 5 July 1993, clashes between youths and soldiers were reported in Gaza City. A Molotov cocktail was thrown at a military patrol in the Rafah refugee camp. No damage was reported. (Al-Fajr, 12 July 1993)

277. On 6 July 1993, a man from Nablus tried to stab a soldier at the Allenby Bridge crossing point but was overpowered by soldiers and captured. An Arab man from Jebel Mukaber (East Jerusalem) was stabbed and beaten by Jewish youths who chased him out of a pub in Jerusalem (these incidents have also been referred to in Al-Fajr, 12 July 1993). One of the assailants was arrested. Two Arab residents were injured when stones were thrown at their car near the Shavei Shomron settlement. Several clashes were reported in the territories, resulting in 14 injuries (eight in the Gaza Strip: Rafah, Khan Younis and Jabalia and six in the West Bank: Ramallah, Jenin, Nablus and Hebron). (Ha'aretz, Jerusalem Post, 7 July 1993)

278. On 6 July 1993, three masked Palestinians were shot and injured by soldiers in the town of Dhahiriya, in the Hebron district. Two others were arrested. Most of the occupied territories observed a general strike called by the Islamic Jihad. (Al-Fajr, 12 July 1993)

279. On 7 July 1993, two Arab gunmen shot dead an Arab shopkeeper in Gaza City (see list). Several shots were fired at one of the gates of an IDF encampment in Gaza City. Palestinian sources reported incidents in the refugee camps of the Gaza Strip (Jabalia, Shati', Khan Younis, Maghazi and Nuseirat). Ten residents were injured by IDF fire throughout the territories. An IDF vehicle and civilian cars were stoned in Gaza City. (Ha'aretz, 8 July 1993; Jerusalem Post, 8 July 1993; these incidents have also been referred to in Al-Fajr, 12 July 1993)

280. On 8 July 1993, Mordechai Lipkin, 35, a resident of the Tekoa settlement located east of Gush Etzion, was shot dead by gunmen as he was driving along the road linking Efrat and Tekoa. Undercover troops shot and killed a wanted gunman in Rafah (see list). A soldier was slightly injured when a vehicle registered in the territories ran through an IDF checkpoint near the Avnat settlement. The driver managed to escape. Three residents were injured in the Gaza Strip during clashes with the IDF. Incidents were also reported in Khan Younis, Jabalia and in Rafah (these incidents have also been referred to in Al-Fajr, 12 July 1993). Stone-throwing incidents were reported in the West Bank, in Ramallah, Hebron and in Bethlehem. (Ha'aretz, 9 July 1993; Jerusalem Post, 9 July 1993)

281. On 9 and 10 July 1993, a resident of Ramallah who was suspected of cooperating with the authorities was shot and killed (see list). A shepherd from Ramadin village in the Hebron hills was shot by IDF soldiers near Kibbutz Lahav on the Green Line border, after he ignored orders to halt. A man who was either a wanted fugitive believed to belong to the "Fatah Hawks" or the owner of a house where fugitives were hiding was wounded during an IDF operation in the Jabalia refugee camp (these incidents have also been referred to in Al-Fajr, 19 July 1993). Stones were thrown at a military patrol near the Arab village of Kfar Tekoa. There were no injuries. (Ha'aretz, 1 July 1993; Jerusalem Post, 11 July 1993)

282. On 9 July 1993, two hand grenades were thrown at an army vehicle in Sammu, near Hebron, injuring a soldier and damaging the vehicle. A Molotov cocktail was thrown at a patrol in Rafah, causing no damage. The occupied territories observed a general strike called by the UNLU and Hamas to mark the 68th month of the intifadah. (Al-Fajr, 12 July 1993)

283. On 10 July 1993, the IDF shot and injured a man in Jenin. The army indicated that he was a Fatah activist. Three wanted Palestinians were arrested in the Jabalia refugee camp. Two Molotov cocktails were thrown at a military patrol in Bethlehem. (Al-Fajr, 19 July 1993)

284. On 11 July 1993, a 70 year-old man was hanged in Bethlehem (see list). Three Arab men are alleged to have kidnapped an Israeli man from Moshav Ahituv and held him prisoner in his van. They fled when the van overturned on a dirt road near Tulkarm (these incidents have also been referred to in Al-Fajr, 19 July 1993). Five residents were injured in the Gaza Strip (Rafah, Jabalia and the Shati' refugee camp) during clashes with the IDF. (Ha'aretz, 12 July 1993; Jerusalem Post, 12 July 1993)

285. On 12 July 1993, soldiers shot and killed two stone-throwers in the Balata refugee camp (see list). Two other residents were reportedly also injured in the incident. Palestinian sources reported clashes in the Gaza Strip during which four residents were injured (Rafah: 2; Gaza City: 2). Three Palestinians from the West Bank were injured in Hebron, Dahariya and in the al-Umri refugee camp.

286. On 12 July 1993, a youth was shot and injured in Yamoun village. A Molotov cocktail was thrown at a military patrol in Gaza City, while clashes were reported in the Shajayeh neighbourhood. A hand grenade was thrown at a military patrol in Rafah, causing no damage. (Al-Fajr, 19 July 1993)

287. On 13 July 1993, soldiers shot and injured a stone-thrower in Rafah. Another Palestinian was shot and injured in the Shati' refugee camp. A wanted activist was arrested in Gaza City. He was reportedly carrying a gun. (Al-Fajr, 19 July 1993)

288. On 14 July 1993, gunmen dragged an alleged Palestinian from his home in the Rafah refugee camp and shot him dead (see list). One Palestinian was shot to death (see list) while another was moderately wounded in Ramallah. They were brought to a hospital shortly after they had tried to run over a border policeman with their car. The policeman had opened fire at them (these incidents have also been referred to in Al-Fajr, 19 July 1993). In Jenin, three youths were wounded when masked men opened fire on the brother of a wanted fugitive who had been killed by troops a year earlier. According to the IDF, two other persons, who were apparently passers-by were slightly wounded as well. Incidents in which four residents were injured were reported in the Gaza Strip, in Rafah, Nuseirat, Shati' and Jabalia. Stones and petrol bombs were thrown in the refugee camps. Five Arab-owned cars were set on fire and the tyres of eight other cars were punctured in the Ramallah area. (Ha'aretz, 15 July 1993; Jerusalem

Post, 15 July 1993; these incidents have also been referred to in Al-Tali'ah, 15 July 1993)

289. On 15 July 1993, a man died of wounds sustained a week earlier (see list). Two Palestinians were reportedly shot and injured in the Shati' refugee camp and in the Shajayeh neighbourhood of Gaza City. Two Molotov cocktails were thrown at an Israeli car in el-Bireh. No casualties were reported. (Al-Fajr, 19 July 1993)

290. On 16 and 17 July 1993, a resident of Rafah died of wounds sustained a week earlier (see list). Israeli soldiers shot and wounded seven Palestinians, four of whom were children including a seven-year-old boy during demonstrations in the Gaza Strip. Two residents of Ramallah and Jenin were also injured. A petrol bomb was thrown at an IDF patrol in the Shati' refugee camp (these incidents have also been referred to in Al-Fajr, 19, 26 July 1993). Three additional petrol bombs were thrown on the road linking Ma'aleh Adumim with Pisgat Zeev. There were no injuries or damage in either case. A commercial strike was observed to mark the seventh month since the expulsion of Islamic activists to Lebanon. (Ha'aretz, 18 July 1993; Jerusalem Post, 18 July 1993)

291. On 18 July 1993, IDF soldiers reportedly fired at Palestinian stone-throwers in the Jabalia refugee camp, critically wounding a 10-year-old boy (these incidents have also been referred to in Al-Fajr, 26 July 1993). Two other Palestinians, aged 15 and 25, were wounded during the clashes and were hospitalized in Gaza City. They were reported to be in stable condition. (Jerusalem Post, 19 July 1993)

292. On 19 July 1993, a man from Gaza was murdered by unknown assailants (see list). Another man from Gaza who was in Israel illegally stoned a vehicle in Tel Aviv, causing slight damage. (Jerusalem Post, 20 July 1993)

293. On 19 July 1993, a youth was shot and injured in Yabad, in the Jenin district. Two Palestinians, including a 6-year-old child, were injured by soldiers in the Gaza Strip. (Al-Fajr, 26 July 1993)

294. On 20 July 1993, a 10-year-old Palestinian boy who was shot by soldiers while playing with other children on 18 July, died of his wounds (see list). According to the local sources, five residents were injured in the Gaza Strip during clashes with the IDF (three in the Shati' and two in the Rafah refugee camp). Palestinian sources reported that a Palestinian vehicle had been fired at in Nablus. No damage was reported. A petrol bomb was thrown at an IDF outpost in Beit Romano, in Hebron. A grenade was thrown at a border police station in Khan Younis but did not explode (these incidents have also been referred to in Al-Tali'ah, 22 July 1993; Al-Fajr, 26 July 1993). (Ha'aretz, 21 July 1993; Jerusalem Post, 22 July 1993)

295. On 21 July 1993, isolated incidents were reported to have occurred throughout the territories, particularly in the refugee camps in the Gaza Strip. Two residents were injured in Gaza City, three in Rafah while one was injured in Ramallah. (Ha'aretz, 22 July 1993)

296. On 21 July 1993, Molotov cocktails were thrown at military vehicles in Khan Younis, causing no injuries. (Al-Fajr, 26 July 1993)

297. On 21 July 1993, a youth died when he was run over by an Israeli police car in Abassan. Another man died of a heart attack while he was chased by soldiers (see list). Three Palestinians were shot and injured in Gaza City. Three masked youths were arrested. Two Molotov cocktails were thrown at military vehicles in Jerusalem and in Rafah. (Al-Tali'ah, 22 July 1993; Al-Fajr, 26 July 1993)

298. On 22 July 1993, a resident of the Shati' refugee camp was shot dead (see list). (Jerusalem Post, 23 July 1993)

299. On 24 and 25 July 1993, gunmen opened fire at soldiers who were guarding the building of the Civil Administration in Gaza. One soldier was lightly wounded during the incident. According to Palestinian sources, six Palestinians from the Shati' refugee camp, four of whom were children, were lightly wounded by IDF gunfire in clashes with stone-throwers. (Jerusalem Post, 25 July 1993)

300. On 25 July 1993, several shots were fired near an army post in Khan Younis as a border police patrol was passing by. No injuries or damage were reported. (Jerusalem Post, 26 July 1993)

301. On 26 July 1993, the Islamic Jihad claimed responsibility for the throwing of two grenades at a Civil Administration building in Rafah. The grenades exploded without causing injuries or damage. (Ha'aretz, 28 July 1993; Jerusalem Post, 28 July 1993; this incident has also been referred to in Al-Fajr, 2 August 1993)

302. On 27 July 1993, four Arab youths, including a 10-year-old boy, from the village of Rai, near Jenin, were injured by IDF gunfire as they were throwing stones at soldiers. (Ha'aretz, 28 July 1993; this incident has also been referred to in Al-Tali'ah, 29 July 1993; Al-Fajr, 2 August 1993)

303. On 28 July 1993, two incendiary bottles were thrown at military targets. No injuries or damage were reported. (Al-Tali'ah, 29 July 1993)

304. On 29 July 1993, two Molotov cocktails were thrown at military targets in Gaza City and in Rafah. (Al-Fajr, 2 August 1993)

305. On 30 July 1993, four Palestinians were injured when Israeli settlers threw two hand grenades at Palestinian shops in Bethlehem. Eyewitnesses stated that the hand grenades were thrown from an "Egged" company bus which was passing through the city on its way from Jerusalem to Hebron. Radio Israel indicated that Palestinian activists had thrown hand grenades at an "Egged" company bus but missed it, hitting three Palestinians instead. (Al-Fajr, 2 August 1993)

306. On 1 August 1993, a fire-bomb was thrown at a military patrol in Rafah, in the Gaza Strip. A commercial strike was observed in the cities of Jerusalem, Nablus and Jenin, in protest of the Israeli military operation in southern Lebanon. (Al-Fajr, 16 August 1993)

307. On 2 August 1993, a gunman hijacked an UNRWA bus in Gaza and deliberately collided with two cars driven by police and Civil Administration personnel, killing one man, Yitzhak Amir, 43 and wounding six others. The assailant managed to escape (this incident has also been referred to in Al-Fajr, 16 August 1993). A bomb exploded outside the police station in the Rimal neighbourhood of Gaza City, but caused no damage or injuries. Another bomb was discovered during a search of the area and was deactivated by explosives experts. (Ha'aretz, 3 August 1993; Jerusalem Post, 3, 4 August 1993)

308. On 3 August 1993, a resident of Gush Katif was lightly wounded when he was attacked near Deir el-Balah by three masked men, one of whom was armed with an axe. Soldiers in Rafah shot two brothers. According to the IDF spokesman, one was shot because he was carrying a grenade while the other was shot when he tried to escape. One of the brothers was captured. (Ha'aretz, Jerusalem Post, 4 August 1993; these incidents have also been referred to in Al-Fajr, 16 August 1993)

309. On 3 August 1993, three Israeli soldiers were stoned and lightly injured by Palestinians in Beit Lahia, in the Gaza Strip. A commercial strike was observed in the cities of Nablus, Tulkarm and Ramallah, to protest against the visit of U.S. Secretary of State Warren Christopher. (Al-Fajr, 16 August 1993)

310. On 4 August 1993, a resident of Rafah died of wounds sustained a day earlier (see list). A resident of Dehaishe refugee camp died while he was handling an explosive device (see list). (Ha'aretz, 5 August 1993; these incidents have also been referred to in Al-Fajr, 16 August 1993)

311. On 5 August 1993, an IDF soldier, Yaron Chen, was kidnapped and murdered and his body was burned near Ramallah. (The I Al Din Kassam units claimed responsibility for the operation.) (Ha'aretz, Jerusalem Post, 8 August 1993; this information has also been referred to in Al-Fajr, 16 August 1993)

312. On 5 August 1993, two Palestinians were reportedly shot and injured in Hebron. (Al-Fajr, 16 August 1993)

313. On 6 and 7 August 1993, two soldiers, Tomer David, 22, and Lev Pisahov, 20, were killed when Palestinian gunmen opened fire at the roadblock they were manning in the Tulkarm region, near the Deir Balut junction. A soldier manning an observation post above the roadblock opened fire at the gunmen, killing one (see list) and wounding another, while the third man managed to escape. Two soldiers were lightly injured when a fragmentation grenade which had been thrown from an alley exploded near an IDF outpost near the Dehaishe refugee camp. Several shots were fired from a passing car at the Civil Administration building in the A-Til village near Tulkarm. Soldiers fired back at the car which subsequently disappeared. IDF soldiers and border police dispersed dozens of demonstrators in the village of A-Ram, north of Jerusalem. One (or seven) of the demonstrators reportedly had to be brought to hospital after he was beaten by soldiers. (Ha'aretz, 8 August 1993; Jerusalem Post, 8, 9 August 1993; these inc

idents have also been referred to in Al-Fajr, 16 August 1993)

314. On 9 August 1993, a soldier was lightly wounded in the centre of Nablus when a Palestinian tried to take his rifle. The soldier fired a few shots in the air and the assailant fled. A pipe bomb which was thrown at an IDF outpost in Gaza exploded but caused no damage. (Jerusalem Post, 10 August 1993)

315. On 9 August 1993, a hand grenade was thrown at a military camp in the Jabalia refugee camp, in the Gaza Strip. No casualties were reported. The assailants managed to escape. A masked youth was shot and slightly injured when soldiers opened fire at youths writing graffiti in Gaza City. A general strike called by the UNLU and Hamas movements to mark the beginning of the sixty-ninth month of the intifadah was observed throughout the occupied territories. (Al-Fajr, 16 August 1993)

316. On 10 August 1993, two Israelis were lightly injured by stones thrown at their vehicle in the centre of Ramallah. An IDF undercover unit arrested two men who were caught smuggling eggs out of Gaza. One of them was slightly wounded. Soldiers fired at a vehicle from Gaza which did not stop at an IDF roadblock in Salfit area of Tulkarm district. No one was injured. Isolated stone-throwing incidents were reported in the refugee camps of the Gaza Strip (Shati', Jabalia and Khan Younis); two persons were reportedly injured in Khan Younis. (Ha'aretz, Jerusalem Post, 11 August 1993; these incidents have also been referred to in Al-Fajr, 16 August 1993)

317. On 11 August 1993, an IDF soldier was slightly wounded when a grenade was thrown at a patrol in the Rafah area (this incident has also been referred to in Al-Fajr, 12 August 1993). Stone-throwing incidents were reported in Gaza City. One resident was reportedly injured by IDF gunfire in the Rafah area. (Ha'aretz, Jerusalem Post, 12 August 1993)

318. On 11 August 1993, soldiers belonging to special unit shot and injured a Palestinian during a raid of the Rantis village, in the Ramallah region. (Al-Fajr, 16 August 1993)

319. On 12 August 1993, a man was killed in the West Bank (see list). A soldier was seriously injured when shot in Rafah while his unit was dispersing a riot. Two Israelis were stoned and lightly injured in Hebron. An Arab youth was lightly wounded when stones were thrown at a military vehicle in el-Bireh but hit his car instead. Palestinian sources reported clashes throughout the territories, in Jenin, Ramallah and Hebron and in the refugee camps of the Gaza Strip. Two residents were injured in Hebron and five in Rafah. (Ha'aretz, 13, 15 August 1993; Jerusalem Post, 13 August 1993)

320. On 12 August 1993, confrontations between youths and IDF troops were reported in the city of Tulkarm and in the village of Bani Hassan, near Nablus. (Al-Fajr, 16 August 1993)

321. On 13 and 14 August 1993, clashes and demonstrations were reported throughout the territories over the weekend. One stone-thrower was killed by IDF fire in the Ramallah area (see list) while nine residents were injured during incidents. Among them were two Arab bystanders who were reportedly injured by a grenade which was thrown at an IDF patrol in Nablus. (Ha'aretz, 15 August 1993; these incidents have also been referred to in Al-Fajr, 16 August 1993)

322. On 13 August 1993, IDF troops opened fire at a group of stone-throwers in Rafah who responded by firing back. A soldier was reported to have been seriously injured. Three Molotov cocktails were thrown at military targets: two at an army post in Hebron and another one at an army patrol in the Nasr neighbourhood of Gaza. No casualties were reported in either incident. Two settlers were lightly injured when an "Egged" company bus was stoned in Hebron. A bomb was deactivated by the IDF in the Shaja'iya quarter of Gaza City. (Al-Fajr, 16 August 1993)

323. On 16 August 1993, the body of a man was brought to the Tulkarm hospital (see list). Gunmen opened fire at two soldiers at the entrance of an army base at Mishor Adumin. The soldiers were not injured. Clashes were reported in the refugee camp of Jabalia, Tulkarm and Hebron. According to Palestinian sources, eight residents were injured by IDF gunfire. (Ha'aretz, Jerusalem Post, 17 August 1993)

324. On 17 August 1993, a soldier was wounded in Rafah when he was hit by ricocheting bullet that had been fired by a fellow soldier at a masked man who tried to attack him with an axe. The attacker was also wounded in the leg. The shooting brought a crowd onto the street as additional soldiers and border police reinforcements arrived. Troops opened fire, lightly wounding two boys, reportedly aged 10 and 13. A petrol bomb which was thrown at an IDF patrol/post in Gaza City exploded causing any damage while a grenade was thrown at a border police patrol in a nearby neighbourhood. Soldiers fired back but there were no casualties. Two persons were wounded by soldiers during stone-throwing incidents in the Shati' refugee camp of Shati' and in the Sheikh Radwan neighbourhood of Gaza City. A strike was observed to mark the eight months since the deportation of 415 Islamic activists to Lebanon. (Ha'aretz, Jerusalem Post, 18 August 1993)

325. On 18 August 1993, the body of a man was found in Khan Younis (see list). An Israeli bus driver was stabbed at the Erez checkpoint shortly after he had dropped off workers returning from Israel to Gaza. Several clashes were reported between residents and soldiers in the Gaza Strip. Palestinian sources reported that two residents were injured in the Jabalia refugee camp while two were injured in Khan Younis. (Ha'aretz, Jerusalem Post, 19 August 1993)

326. On 19 August 1993, a soldier was moderately wounded by shrapnel from a grenade which was thrown at an IDF patrol in Rafah. Palestinian sources indicated that three Palestinians were also lightly wounded by the grenade. Arab sources reported clashes in the Jabalia and Khan Younis refugee camps and in Gaza City, where four residents were injured. A petrol bomb was thrown at an IDF patrol in Beit Rima, in the West Bank. (Ha'aretz, Jerusalem Post, 20 August 1993)

327. On 20 and 21 August 1993, a soldier from an IDF undercover unit was seriously wounded when a Palestinian dropped a building block on his head in the Khan Younis refugee camp. Palestinian sources indicated that the soldiers had asked for reinforcements and that seven persons were slightly wounded in clashes between a growing crowd and the troops. The clashes spread to the grounds of the UNRWA clinic in the camp, where youths threw stones at soldiers and troops who returned fire with rubber bullets. Palestinian sources stated that five persons (a doctor, two nurses and two children) were slightly wounded by rubber bullets. A wanted fugitive was arrested and wounded in Shajaiyeh when he tried to escape. One resident was reportedly injured in Deir Asna, in the Ramallah area, when he stoned IDF troops. A hand grenade was thrown at a military outpost near the entrance to the el-Bureij camp, but it caused no injuries. (Ha'aretz, 22 August 1993; Jerusalem Post, 22 and 27 August 1993)

328. On 22 August 1993, a watchman of Ukrainian origin, Igor Gorgol, 32, was found dead in Ma'aleh Adumin. He had apparently been murdered during the weekend probably for "nationalistic motives". Gorgol's gun was taken but his money had not been touched. A soldier was wounded in Gaza when a grenade and stones were thrown at border policemen and soldiers on patrol in the Khan Younis refugee camp. Shots were fired at an Israeli car near the el-Bureij refugee camp. None of the passengers was injured during the incident. Several clashes were reported in the territories and two residents were injured in the Jabalia refugee camp. Stones were thrown at settlers' vehicles in the West Bank. (Ha'aretz, Jerusalem Post, 23 August 1993)

329. On 24 August 1993, the body of a man was found in the West Bank (see list). Two border policemen were slightly wounded in eastern Jerusalem when several dozen Palestinians tried to prevent them from carrying out an arrest. In Rafah, a border policeman was shot and wounded by mistake by an IDF soldier who thought that he was a wanted gunman. A local resident was also injured in the incident. A Palestinian girl tried to stab an IDF officer in Jenin. She was arrested without having caused any harm. According to Palestinian sources, four residents were injured in the Gaza Strip and three in the West Bank (Hebron and Nablus) during clashes. (Ha'aretz, 25 August 1993; Jerusalem Post, 25 and 26 August 1993)

330. On 25 August 1993, a Palestinian was found dead in the West Bank (see list). Three fire-bombs were thrown at an IDF patrol passing through the centre of Hebron, and the IDF soldiers returned fire. An additional fire-bomb was thrown at an army vehicle in Nablus, causing slight damage. (Jerusalem Post, 26 August 1993)

331. On 25 August 1993, four Palestinians were injured during clashes with IDF troops. A soldier was also injured in the incident when his vehicle was stoned. A fire-bomb was thrown at a military patrol in Rafah. Disturbances were also reported in the Shaji'ya neighbourhood of Gaza City and the Shati' refugee camp. (Al-Tali'ah, 26 August 1993)

332. On 26 August 1993, two Arab youths were killed when a grenade they were handling exploded in the Ramallah region (see list). Two other residents were reported also wounded by the explosion. An IDF soldier was lightly wounded when a grenade was thrown at an army rooftop observation post in the Shabura refugee camp in Rafah. The assailant managed to escape. A police officer was injured by stones in East Jerusalem. (Ha'aretz, Jerusalem Post, 27 August 1993)

333. On 27 and 28 August 1993, a resident of the Nuseirat refugee camp was killed by IDF gunfire after a patrol was stoned in the camp (see list). A soldier was lightly injured by a stone in the Shabura area. Two bottles were thrown at an IDF outpost in Nablus. Isolated clashes were reported throughout the territories, in Hebron, Jenin and the Rafah and Khan Younis refugee camps. Three residents were reportedly injured in Shati'. (Ha'aretz, 29 August 1993)

B. Administration of justice, including the right to a

fair trial

1. Palestinian population

Oral evidence

334. A witness who testified before the Special Committee described how the Israeli judicial system deals with complaints filed by Palestinians:

"The Israelis tell you that 'there is no problem, you just tell us what your problem is and you write to us'. We do. And they say that they will consider the matter very seriously, that one shouldn't worry, that in no time the problems will be solved. We wait. Then we refer to the man in charge. But then, either he is away, or he is not in the office. They keep delaying until you get fed up and you never see your matter through. They will never give you 'no' for an answer, but you never get any results." (Anonymous witness No. 5, A/AC.145/RT.608)

335. A pharmacist from Gaza gave the following opinion of the Israeli legal system:

"On the other hand, we do not have any trust in the Israeli legal system, and much less in the military legal system, when any matter related to Palestinians is concerned. In practice, we know that we are going to lose, because in that system, the success rate of Palestinian cases is maybe less than 1 per cent. It is a system where law is restricted to what is good for the occupying power." (Mr. Elias Rishmawi, witness No. 14, A/AC.145/RT.610)

336. Mr. Chaker Joudeh, the head of the Syndicate of Agronomists in the occupied territories, described the arbitrary nature of his own detention before the Special Committee:

"I was arrested while I was working at the Department of Agriculture. This Department is under the Civil Administration and I was a civil servant for 17 years. I was arrested while carrying out my duties. On the same day, after my arrest, I was sent to prison and informed that I had been sentenced to six months of administrative detention under the charge of incitement to work boycott in Israel.

"One week later, I was transferred to Ansar III in the Negev. I remained there for the rest of the time. During this period, I was not interrogated. I was not faced with any charges. I was not subjected to any beating, I must say. They just put me in a detention camp without any investigation, like many other colleagues. I submitted an appeal to a military court. I told the officer what had happened to me. He is the one who told me that the charge against me was incitement to work boycott. I told him that I never incited anybody to boycott work in Israel and that the proof is that I myself worked in one of the departments of the Civil Administration as a civil servant. How could I incite people to boycott work when I was myself working in this department every day? I asked him to consult the records of the Department of Agriculture to see whether I had ever failed to come and report to my duty station. He was convinced, this judge was convinced. He asked the Prosecutor General to reply to my

testimony, but the Prosecutor General refused to reply because what is written in the file by the intelligence is in fact always what is taken for the final decision. So, in fact, although the judge was convinced that I had not done anything wrong, he was obliged to comply with the instructions given by the intelligence and he rejected my appeal. Therefore, I had to remain six months in the detention camp." (Mr. Chaker Joudeh, witness No. 9, A/AC.145/RT.609)

337. Accounts of the administration of justice in the occupied territories may be found in documents A/AC.145/RT.608 (anonymous witness), A/AC.145/RT.609 (Mr. Chaker Joudeh), A/AC.145/RT.610 (Mr. Elias Rishmawi).

Written information 12/

338. On 3 April 1993, the Beersheba Magistrates Court sentenced Said Mahmud Arkan, 22, from Rafah, to 45 days of imprisonment plus eight and a half months suspended for being in Israel when entrance from the territories into Israel was forbidden. (Ha'aretz, 4 April 1993)

339. On 7 April 1993, it was reported that Zakazuk Ahmed and Mahmoud ben Ibrahim both 30 and from Jenin, were sentenced to 20 months of imprisonment plus 20 months suspended for three years for assisting two assailants who had stabbed a soldier in Nazareth a month earlier. (Ha'aretz, 7 April 1993)

340. On 15 April 1993, it was reported that Mohammed Jarad, one of the four Arab-Americans who were arrested in January 1993 on suspicion of involvement with Hamas activists in the territories, was sentenced to six months of imprisonment (from the time he was arrested) plus a suspended sentence which was to be given by the Ramallah Military Court. After serving the sentence, he would have to leave for the United States of America. (Ha'aretz, 15 April 1993; this information has also been referred to in Al-Fajr, 19 April 1993)

341. On 19 April 1993, it was reported that Mohammed Halim Rajub, from Dura (West Bank), had lodged an appeal with the High Court of Justice against the commandant of IDF forces in the West Bank, claiming that he spent a year and a half in administrative detention at the Ketziot detention centre without charges being raised against him. (Ha'aretz, 19 April 1993)

342. On 20 April 1993, it was reported that the Haifa Magistrates Court had sentenced Subhi Wasahi, 58, from Jenin, to 10 months of imprisonment plus 8 months suspended sentence for entering Israel during the closure of the territories and for carrying a knife. (Ha'aretz, 20 April 1993)

343. On 23 April 1993, it was reported that the Supreme Court had postponed the carrying out of orders to seal the homes of two suspected activists from Jenin. Justice Eliezer Goldberg issued a temporary restraining order preventing the IDF from sealing the house of Hassan Kamil, and the upper floor of the house of Haled Kamil, both of whom are fathers of suspected "terrorists". The order would be in force until the Court heard the appeals they had filed. (Ha'aretz, Jerusalem Post, 23 April 1993)

344. On 9 May 1993, the Tel Aviv District Court sentenced Yona Abu-Magid, 32, from Deir el-Balah, to 12 years in prison for the attempted murder of Radi Kiuf, a handicapped Druze soldier, in the Prison Authority medical centre in October 1992 (Jerusalem Post, 10 May 1993)

345. On 10 May 1993, an Israeli district court sentenced Nasser Abu Srur, 24, from the Bethlehem area, to life imprisonment for participating in the killing of Haim Nahmani, an Israeli intelligence officer, four months earlier. (Al-Fajr, 17 May 1993)

346. On 12 May 1993, the Ramallah Military Court sentenced Ibrahim Anouar Abu Gharbeya, 17, from Al Ram, to one year of effective imprisonment and a two-year suspended sentence for intifadah-related activities. (Al-Tali'ah, 13 May 1993)

347. On 13 May 1993, the Tel Aviv District Court sentenced Ziad Salmi, 19 or 20, from Gaza City, to two life terms and an additional 200 years' imprisonment for the killing of two Israelis and the wounding of 10 others on a street in Tel Aviv on 1 March 1992. (Ha'aretz, Jerusalem Post, 14 May 1993)

348. On 13 May 1993, it was reported that the Jerusalem District Court had sentenced Ayub Ibrahim Karain, 18, from Silwan, to two and a half years' effective imprisonment and a similar period of suspended sentence. He was sentenced on security charges. (Al-Tali'ah, 13 May 1993)

349. On 30 May 1993, Ali Fares Hassan Khattib from Bir Zeit and Ghassan Mohammed Sleiman Jarrod from Jenin appealed to the High Court of Justice to be released from administrative detention after more than two years. They claimed they were shown none of the evidence against them nor the list of charges during the entire time. (Ha'aretz, Jerusalem Post, 31 May 1993)

350. On 30 May 1993, a report by the Gaza Human Rights Centre indicated an increase in the number of administrative detainees in Israeli prisons. According to the report, approximately 90 Palestinians from the Gaza Strip had been placed in administrative detention during the month of May. (Al-Tali'ah, 24 May 1993)

351. On 2 June 1993, the High Court of Justice rejected a petition filed by MK Moshe Peled (Tsomet) against the return of 100 Hamas deportees, ruling that this was a political decision and therefore beyond the Court's jurisdiction. (Jerusalem Post, 3 June 1993)

352. On 2 June 1993, the High Court of Justice opened a hearing on tax discrimination against Arabs in the territories but postponed the decision until the petitioners had had an opportunity to examine the Civil Administration's budget. The petition, filed by attorney Avigdor Feldman on behalf of 92 to 100 residents of the territories, claimed that Arabs in the West Bank and Gaza Strip paid significantly higher taxes than Israelis, including the Jewish residents of the territories, and demanded that this be rectified. In addition, it claimed that Arabs in the territories should not have to pay any income tax unless the Civil Administration had proven that their tax money was being used for their benefit, rather than going into the government coffers or benefiting Jewish settlements. (Jerusalem Post, 3 June 1993; Ha'aretz, 4 June 1993)

353. On 6 June 1993, the State appealed to the Supreme Court against an "inordinately light" sentence imposed on an Arab who was convicted of burning cars, arguing that uprising-related arson could not be curbed unless harsher sentences were handed down. Iyad Ayit was convicted in the Jerusalem District Court in April of burning three cars and a billiards club bewteen October 1991 and August 1992. He was sentenced to 28 months in prison and a 12-month suspended sentence. (Jerusalem Post, 7 June 1993)

354. On 6 or 16 June 1993, the trial of Mohammed Jarad, a Chigago baker of Palestinian origin who had arrived in Israel in January, ended in a plea bargain "because of his poor health", military sources indicated. Convicted of performing services for an illegal organization (Hamas), he was sentenced to six months of imprisonment (from 25 January, when he was arrested, to 24 July) and to between 6 and 12 months' probation. (Ha'aretz, 16, 23 June 1993; Jerusalem Post, 23 June 1993)

355. On 15 June 1993, Aiman Ibn Ma'aruf, 19, from Khan Younis, was sentenced by the Tel Aviv District Court to 25 years of imprisonment. He was found guilty of trying to stab his Jewish employer, lawyer Moshe Saguy, in Rehovot on 11 March 1993. (Ha'aretz, Jerusalem Post, 16 June 1993)

356. On 17 June 1993, the Jerusalem District Court sentenced Mahmoud Abu Srur, 22, from the Avda refugee camp, near Bethlehem, to life imprisonment for his role in the murder of General Security Service agent Haïm Nahmani on 3 January 1993. Six weeks earlier, Nasser Abu Srur had been sentenced to life-imprisonment for the same reason. (Ha'aretz, Jerusalem Post, 18 June 1993)

357. On 17 June 1993, a stone-thrower from the Hawada village, in the Nablus district was sentenced by the Ramallah Military Court to two years' imprisonment and a one-year suspended sentence. (Ha'aretz, 18 June 1993)

358. On 24 June 1993, the Tel Aviv District Court sentenced Mohammed Makhamara from Kafe Yatta (West Bank) to 20 years' imprisonment for the attempted murder of an Israeli in Holon on 3 January 1993. Ahmed Khamed, who was with Makhamara but was not physically involved in the attack, was sentenced to 10 years' imprisonment. (Ha'aretz, 25 June 1993)

359. On 24 June 1993, it was reported that the Nablus Military Court had issued prison sentences against six youths from the village of Beit Dajan ranging from nine months to six years. (Al-Tali'ah, 24 June 1993)

360. On 28 June 1993, the Nablus Military Court sentenced a young woman from Tulkarm to five years' imprisonment and a five-year suspended sentence for membership of a hostile organization. (Ha'aretz, 29 June 1993)

361. On 1 July 1993, the Gaza Military Court sentenced Bassam (el) Kurd from Beit Lahiya to eight life sentences in prison for the murder of Moshe Beno and Amikam Zaltsman in Gaza on 25 July 1992, with the help of three accomplices. (El) Kurd was also convicted of killing seven Arab residents who were suspected of collaborating with the authorities. (Jerusalem Post, 2 July 1993)

362. On 4 July 1993, the Jerusalem District Court sentenced a youth from East Jerusalem, who was a minor at the time the offence was committed, to 20 years' imprisonment for the stabbing of an Israeli man in the Old City of Jerusalem in September 1992, for throwing a petrol bomb and for setting vehicles and stores on fire. (Ha'aretz, 5 July 1993)

363. On 5 July 1993, the Tel Aviv District Court sentenced Mohammed Afana, 29, and Ramadan Yakub, 30, from the Kalandia refugee camp in the West Bank to life imprisonment for the murder of a prostitute in Holon on 18 January 1993 and to an additional 10 years' imprisonment for belonging to a "terrorist" organization. (Ha'aretz, Jerusalem Post, 6 July 1993; this information has also been referred to in Al-Fajr, 12 July 1993)

364. On 5 July 1993, the Nazareth District Court sentenced Firas Jerar and Allah a-Din Abu Khaled, both 19 and from Jedaida (or Shedaida) village in the West Bank, to 16-year prison terms for stabbing and severely wounding an IDF reservist in March 1993 in Nazareth. (Ha'aretz, Jerusalem Post, 6 July 1993)

365. On 5 July 1993, the District Court in Nazareth decided to send Mohammed Samarah, 23, from Yamoun, to a psychiatric hospital when it became clear that he was unable to stand trial. The man had been accused of attempting to stab a woman soldier in Nazareth. (Ha'aretz, 6 July 1993)

366. On 6 July 1993, the Nablus Military Court sentenced a youth from Nablus aged 19 to 30 months' imprisonment and a 30-month suspended sentence for throwing stones at an Israeli bus in Nablus. (Ha'aretz, 7 July 1993)

367. On 7 July 1993, the Ramallah Military Court sentenced Khaled Daoud Ahmed al-Azrak (or al-Azra), 27, from the al-Aida refugee camp to life imprisonment for the May 1990 bomb attack perpetrated in Jerusalem's Mahane Yehuda market in which 1 man was killed and 15 others wounded. (Ha'aretz, 8 July 1993; Jerusalem Post, 8 July 1993)

368. On 14 July 1993, two Hamas activists, Ahmed Hassin (or Ahmed Hassan), 24, and Imad (Rahim Hafez Hassan) Ali, 27, from Salfit, were sentenced to 30 years' imprisonment by the Lod Military Court for planning to use a booby-trapped van to kill and injure civilians in November 1992. (Ha'aretz, 15 July 1993; Jerusalem Post, 15 July 1993)

369. On 19 July 1993, the Ramallah Military Court sentenced six Hamas activists from Kafin (West Bank), to life imprisonment for the murder of a suspected collaborator and other nationalistic activity. The six were convicted of murdering the man in August 1991, of erecting barricades, throwing stones, organizing illegal processions and distributing leaflets. (Jerusalem Post, 20 July 1993)

370. On 21 July 1993, Mustafa Madani, 31, from Kafr Danabe (West Bank) was sentenced to 15 years' imprisonment plus a 10-year suspended sentence by a military court in Nablus for the shooting in 1985 of Roni Yitzhaki in Kalkilia. The Israeli man had been seriously wounded. Madani was also convicted of trying to run over with his car a General Security Service agent in the Tulkarm area. (Ha'aretz, 22 July 1993; Jerusalem Post, 22 July 1993)

371. On 24 July 1993, Mohammed Jarad, an Arab American, was released after serving a six-month prison term for working as an activist for Hamas. Jarad, who is from Chicago, was charged in March 1993 with activism in a hostile organization and given a six-month sentence in a military court plea-bargaining agreement that included a promise to leave the country after his release. (Ha'aretz, 26 July 1993; Jerusalem Post, 25 July 1993; this information has also been referred to in Al-Fajr, 2 August 1993)

372. On 25 July 1993, Ahmed Aziz and Osama Silawi, both from Jenin, were sentenced to life imprisonment for the murder of Motti Biton whom they killed while he was shopping in the Jenin market in October 1992. Silawi had also been charged with murdering three residents of Jenin who were suspected of cooperating with the authorities. (Jerusalem Post, 26 July 1993)

373. On 26 July 1993, the Israeli authorities decided to place the Mukhtar of the Christian community in Gaza under administrative detention for six months. (Al-Fajr, 2 August 1993)

374. On 27 July 1993, the Gaza Military Court sentenced Zakaria Akal, 30, from Gaza City, to 16 life imprisonment terms for several murders, including that of Kfar Darom resident Doron Shorshan in January 1992. He was also convicted of killing 15 Arabs. (Jerusalem Post, 28 July 1993; this information has also been referred to in Al-Tali'ah, 29 July 1993; Al-Fajr, 2 August 1993)

375. On 2 August 1993, the Nablus Military Court sentenced Ibrahim Yahia, 26, from the Bet Ain Hilme refugee camp to two life terms in prison for the murder of two residents of the camp, who were suspected of collaboration with the Israeli authorities. (Ha'aretz, 4 August 1993)

376. On 4 August 1993, two members of the Popular Front for the Liberation of Palestine were sentenced to life imprisonment by the Gaza Military Court for the murder in February of the vegetable trader Avraham Yehezkel near Khan Younis. Ismael (Mussa) Bahit (or Fahit), 20 from Khan Younis, was sentenced to 12 consecutive life terms in prison for the murders of Yehezkel, Palestinians who were suspected of collaboration, and for the attempted murder of four Gazans. Abdel (Aziz) (al-) Masri, 21, from Khan Younis, was sentenced to three consecutive life terms in prison for participating in the murder of Yehezkel and one alleged collaborator and the attempted murder of another alleged collaborator. (Ha'aretz, Jerusalem Post, 5 August 1993)

377. On 4 August 1993, the Haifa District Court ordered the transfer from the Kishon detention centre of security prisoner Ataf Alian back to "Sharon" prison or to another prison. Ataf Alian, a resident of the territories, was serving a 14-year prison sentence for offences against State security. She had been sent to the detention centre in April 1993, after it established that she was agitating among other female prisoners. Alian claimed that she was transferred to the detention centre as a punishment, without being given the possibility to appeal the decision. (Ha'aretz, 5, 7 and 20 August 1993; Jerusalem Post, 7 August 1993)

378. On 8 August 1993, the Ministry of Justice indicated that no charges were to be brought against one of the Hamas gunmen who was involved in the attack on a bus in Jerusalem because he had remained partly unconscious and was unable to speak. (Jerusalem Post, 9 August 1993)

379. On 10 August 1993, the following four members of "Izzadin Kassem", the military arm of the Hamas movement were sentenced to life imprisonment plus 40 years in prison each, after having been convicted in the Jerusalem District Court of murdering three policemen (Nissim Toledano, Daniel Hazut and Mordechai Yisrael), attempting to murder a policeman and two soldiers, and kidnapping with the intention to kill: Ali Mohammed (Mahmoud) Issa, 25 and Majad Abu Katish, 23, both from New Anata; Mahmoud Atoun, 23, from Sur Bahir and Mussa Ikari, 25, from the Shuafat refugee camp. (Ha'aretz, Jerusalem Post, 11 August 1993; these incidents have also been referred to in Al-Fajr, 16 August 1993)

380. On 11 August 1993, the Nablus Military Court sentenced Ahmed (Said) Hamor, 28, from Nablus to 25 years in prison and a 10-year suspended sentence for attacks against army patrols and civilian buses. (Ha'aretz, Jerusalem Post, 12 August 1993)

381. On 12 August 1993, the High Court of Justice rejected a petition against the General Security Service's use of physical pressure during investigation, stating that the petition was too general to be ruled on. The petition had been filed in 1991 by attorney Avigdor Feldman on behalf of the Public Committee Against Torture in Israel and former security prisoner Morad (Adnan) Salhat. Feldman had argued that the use of "non-violent psychological pressure" and "moderate physical pressure" which were authorized by a 1987 commission headed by former Supreme Court Justice Moshe Landau violated both international norms such as the United Nations Universal Declaration of Human Rights and Israeli law, including both the Criminal Code and the Basic Law on Human Dignity and Freedom. In their ruling, the Justices wrote that it was the Court's role to decide about specific disputes where facts were known and not to decide whether the recommendations of a public commission could be considered as sound policy. (Ha

'aretz, Jerusalem Post, 13 August 1993)

382. On 23 August 1993, the Nablus Military Court sentenced the following three leaders of a Fatah gang from the Ramallah region to life imprisonment for the murder of suspected collaborators and the planting of explosives in 1989: Hilal Ofry, 25; Ribkhy Ofry, 36; and Mahmoud Jafry, 24, from Singil. Three other members of the same gang were sentenced to five years' imprisonment plus a six-year suspended sentence. (Ha'aretz, Jerusalem Post, 24 August 1993)

383. On 25 August 1993, the Nablus Military Court sentenced Salameh Meri to life imprisonment and an additional 40-year sentence for the murder of soldier Gitai Avissar and the wounding of two other soldiers on 20 March 1993. (Jerusalem Post, 26 August 1993)

384. On 25 August 1993, the Nablus Military Court sentenced Ahmed Samra, 29, from Rujeib, near Nablus, to 10 years' imprisonment for an attack perpetrated against the IDF forces in 1990. (Jerusalem Post, 26 August 1993)

2. Israelis

Written information 13/

385. On 15 April 1993, the following six Palestinian youths from the Hebron district were placed under six-month administrative detention orders: Abdel Rahman Abdel Aziz Al Talahma, 34, Jamal Ramadan Muslim Al Rajoub, 22, Ibrahim Abdel Latif Amr, 23, Hamze Abdel Fateh Al Haymsni, 25, Aymen Al Shuweiky, 22 and Mohamed Ali Hamidan Salhab, 20. (Al-Tali'ah, 15 April 1993)

386. On 25 April 1993, David Debuton, 36, a yeshiva student from Jerusalem who ran amok in the village of Beit Imrin (West Bank) in June 1991, was sentenced to six months' probation and fined approximately $377 by the Tel Aviv District Court. David Debuton was tried with five residents of the Yitzhar settlement (West Bank) for rioting in the village of Beit Imrin. The six were charged with firing weapons at local houses, puncturing water tanks, dispersing herds of goats, smashing windshields and destroying other property. One defendant was acquitted, while the other four received similar sentences as part of a plea bargain agreement reached with the Court. (Jerusalem Post, 27 April 1993)

387. On 27 April 1993, a soldier from the "Golani" unit who had harassed a young woman from Satar village in the Gaza Strip during a search for fugitives, was placed in the military detention centre for 56 days. His commanding officer, a Second Lieutenant, was sentenced to 14 days of work at the base. (Ha'aretz, 27 and 28 April 1993)

388. On 29 April 1993, it was reported that since the closure of the territories, four officers and 11 soldiers from the "Golani" unit were sentenced for illegal actions they had carried out in the Gaza Strip, such as forcing Palestinian residents to sing, harassing a young Arab woman, beating a resident and taking a camera away from a local journalist. (Ha'aretz, 29 April 1993)

389. On 6 May 1993, Rafael Avraham from Rishon Lezion who had accepted money from the Fatah to assassinate leading Israeli politicians, was sentenced to 52 months' imprisonment by the Tel Aviv District Court. The sentence was a plea bargain between the prosecution and defence attorneys. Avraham was also given a two-year suspended sentence. (Jerusalem Post, 7 May 1993)

390. On 17 May 1993, "Kach" activist Tiran Pollack's one-year prison term for threatening Palestinian spokeswoman Hanan Ashrawi with a weapon at a July 1992 conference was reduced to six months by the Jerusalem District Court. (Jerusalem Post, 18 May 1993)

391. On 13 June 1993, the High Court of Justice was asked to issue a show-cause order asking the police to justify their failure to investigate Faisal Husseini and other prominent Palestinians under the Terror Prevention Ordinance. (Ha'aretz, Jerusalem Post, 14 June 1993)

392. On 15 June 1993, the High Court of Justice indicated that the Government's "Exceptions Committee" for approving building in the territories was reportedly designed so that settlements would have no hope of receiving a fair hearing. The opinion was voiced by the three-member bench during a hearing concerning two petitions against the building freeze in the territories: one filed by the Ariel local council and another one filed by the Fund for Redeeming Land in Israel, which represent the Revava and Avuli Hefetz settlements. Both petitions asked for the completion of the construction of hundreds of housing units, roads and other development projects which had been frozen. No decision was made, however, and the hearing was to continue at a later date. (Jerusalem Post, 16 June 1993)

393. On 18 June 1993, two reservists were sentenced to up to a month of detention for refusing to serve in the territories. Paratroop Staff Sgt. Yanai Lev-or, 25, was sentenced to 27 days' detention for refusing to serve in the Gaza district. He had already served a similar sentence earlier for the same reasons. The second soldier, a resident of Jerusalem, was sentenced to 14 days' imprisonment for refusing to serve as a guard at the Ketziot/Ansar detention camp. (Ha'aretz, Jerusalem Post, 20 June 1993)

394. On 21 June 1993, the Supreme Court upheld the conviction of four Israelis (Eliezer Filer, who has died since, Latif Dori, Yael Dotan and Reuven Kaminer) who met with a PLO delegation in 1986 but reduced their sentences to a fine of approximately $358 per person, because the law forbidding contacts with "terrorist" organizations was repealed. Each defendant had been sentenced to six months' public service, a one-year suspended sentence and a fine of approximately $1,792. (Ha'aretz, Jerusalem Post, 22 June 1993)

395. On 29 June 1993, Yisrael Levinson, 22, from the Yitzhar settlement in tbe West Bank was sentenced by the Tel Aviv District Court to a six-month suspended sentence and to a fine of approximately $358. He was convicted of participating in disturbances together with settlers in the Arab village of Beit Imrin in June 1991. (Ha'aretz, 30 June 1993)

396. On 2 July 1993, Meir Biton, a reserve major accused of manslaughter in the death of an Arab youth during a riot in the Tulkarm refugee camp on 31 May 1990, was acquitted by the Netanya Magistrates Court. (Ha'aretz, Jerusalem Post, 2 July 1993)

397. On 6 July 1993, the High Court of Justice gave the Government 30 days to explain why it has held two alleged activists of the Popular Front for the Liberation of Palestine in administrative detention for more than two years. Ali Khattib, of Bir Zeit, has been in detention since September 1990, while Ghassan (Mohammed) Jarrar (or Jarrad), of Jenin, has been detained since March 1991. According to the petition they filed with the High Court in May, they have not even been informed of the charges against them or shown any incriminating evidence. (Ha'aretz, Jerusalem Post, 7 July 1993)

398. On 6 July 1993, former border policeman Boaz Nahmani, 22, was convicted in the Tel Aviv District Court of causing the death by negligence of a 13-year-old Arab boy on 18 May 1990 in the Balata refugee camp (West Bank). The judge acquitted him of the more serious charge of manslaughter, determining that he had acted under pressure. The sentencing was set for 21 September, the deadline for the submission of a probation officer's report. (Ha'aretz, Jerusalem Post, 7 July 1993; this information has also been referred to in Al-Fajr, 12 July 1993)

399. On 27 July 1993, the High Court of Justice rejected a petition which had been filed by Gershon Salomon, the head of the "Temple Mount Faithful" group, asking that he be allowed to go to the Mount, which is in Jerusalem, on the Tishabe'Av, the day of fasting and mourning, a day on which the First and Second Temples were destroyed. Salomon indicated that he had sought access to the Mount as a private individual, and not as a representative of the "Faithful". The State maintained, however, that despite his contention, Salomon was not a private individual but the founder and leader of an organization that would not be in existence were it not for him. The State also stated that Salomon always chose days marking national or religious events for his attempts to visit the Mount in order to demonstrate his organization's philosophy. The State also noted that the security forces held Salomon partly responsible for the riots which broke out on the Temple Mount two years earlier in which 17 persons were kill

ed and hundreds injured. (Ha'aretz, 28 July 1993; Jerusalem Post, 28 July 1993)

400. On 29 July 1993, it was reported that four teenagers who were suspected of being members of an armed cell allegedly affiliated with the Kach splinter group "Kahana Chai" who were arrested on 13 July 1993 were to be charged with murder and attempted murder for a 1992 grenade attack on Arab merchants in the Old City of Jerusalem. (Jerusalem Post, 29 July 1993; this information has also been referred to in Al-Fajr, 19 July 1993)

401. On 25 August 1993, the High Court of Justice rejected a petition by the "Peace Now" movement against the building of settlements in the West Bank and in the Gaza Strip explaining that this was primarily a political, rather than a legal issue, and that therefore, the Court was not authorized to take a decision on the matter. "Peace Now" had filed the petition in 1991, arguing that the building of any settlement which did not serve fundamental security needs constituted a violation of Israel's obligations under international law. (Ha'aretz, 26 August 1993, Jerusalem Post, 26 August 1993; this information has also been referred to in Al-Tali'ah, 26 August 1993)

C. Treatment of civilians

1. General developments

(a) Harassment and physical ill-treatment

Oral evidence

402. The director of the Gaza Centre for Rights and Law provided the Special Committee with the following information:

"Beside killings and injuries, massive military operations and the closure policy, the Israelis are imposing closed military zones, partial curfews, searches, thus harassing and targetting people in an incredible way.

"It happened, for instance, in the Maghazi, the Nusseirat and the Bureij refugee camps, in Khan Younis and in Rafah. It is incredible. They take the people out. They beat them. I just couldn't believe it and I thought that people were exaggerating. I can't understand how one can beat a kid 4 or 5 years old, or a woman of 70, or a man who is sick and old. Destroying furniture just like that, for no reason, for no specific reason, how is this possible? Firing at the furniture where the food is and it all mixes together, the flour with the rice and the oil pouring on it ... This is very hard to imagine, except if you see it yourself. This practice is continuing, it is even increasing, especially in the last year.

"The families of wanted people are in a particularly difficult situation. We are almost helpless and what we can do to assist them most of the time is very little. They are subjected to frequent round-the-clock raids by the authorities, including the father's house, the houses of sisters and brothers, maybe also the uncles' houses. The soldiers go in, search everywhere, sometimes they beat people, they break furniture. If someone commits a legal offense, he must be submitted to the law. He must be arrested. But threatening the family, summoning them to meet with the secret services, obliging them to wait long days for interviews, even arresting family members sometimes, putting constant pressure in order to have them say or show where the wanted person is or in order to get the wanted person to surrender, these methods are not right. But they are being used very extensively recently." (Mr. Raji Khedr Mussa Al Sourani, witness No. 15, A/AC.145/RT.610)

403. A witness stated before the Special Committee how his family was treated before his arrest:

"If you allow me to say, the general circumstances of all families of freedom fighters are not different from the conditions I am facing, as far as suffering is concerned and the repression to which we are subjected to by the occupation authorities. Regarding my own family, they have been exposed to the same suffering. They have to put up with all the suffering I have endured. My brother was detained after my arrest. My mother was subjected more than once to beatings during the daily search of our house. Sometimes they would even come twice a day to search the house, together with the intelligence forces. They would come at any hour of the day or the night to try to find me. My wife was also interrogated when they came to search the house. They came three times because they thought that I was hiding in one corner of the house. They would come and search the house, leave and come again 10 minutes later, through the doors or through the windows. They interrogated my wife. They thought that I was the

re and they wanted to extract a confession from her about where I was." (Mr. Khaled Ragab Mohamed, witness No. 2, A/AC.145/RT.607)

404. Another witness who spent more than 14 years in prison informed the Special Committee about how his own family had been treated:

"My whole family was arrested, my father, an elderly man of 60, my mother and three children, the eldest being 10 years and the youngest 2 years. My mother was pregnant. She gave birth in the concentration camp. That was in Abu Zneima on the Red Sea, when the Sinai was occupied by the Israelis. In addition to this, other relatives of mine were also subjected to such oppressive measures. My uncle and my grandmother were also arrested with the same brutality my direct family had been subjected to. They were released much later only. As I said, my mother gave birth to a girl in the concentration camp. During this period, our house was plundered." (Mr. Abdel Hamid Mohamad Al Shattalli, witness No. 3, A/AC.145/RT.607)

405. A witness who is the daughter of one of the long-term deportees who were allowed to return to the occupied territories in May 1993 provided the following account of harassment of the families who wanted to accompany their relatives back to the territories:

"I am the daughter of one of the deportees who were allowed to go back last Friday. My father was deported for 24 years. So, for his return, the whole family went to Nablus. The first point I want to make is that we came to this bridge at 10.30 in the morning and we were not allowed to go into the territories until 2 o'clock in the afternoon. We were stuck here for about three hours. Secondly, when we crossed the bridge, supposedly we were going to be treated decently. On the contrary, the procedures were really harsh for the deportees and their families. We were about 50 persons altogether. They searched all our suitcases, item by item. Our clothes had to be taken off. This was not for the deportees, but for their families. I was one of them. I had to take everything off, including my shoes. Then, finally, we were allowed to go in. And that took us exactly two and a half hours. There was no one else at the bridge, apart from the deportees and their families. When we reached Jericho, it wa

s fine and all right. We were going to Ramallah first because there was a kind of celebration. However, we couldn't take the usual route because it was blocked by settlers. They were threatening all the deportees and their families. So, we had to take another route. It took us more than two hours and it is only 32 kilometres between Jericho and Ramallah.

"Yesterday, there was to be another celebration at the Al Najah University in Nablus for all the deportees. We could not reach the university because the roads were blocked, totally blocked by the Israeli authorities. Also, the deportees who were supposed to come to Nablus from Ramallah and from el-Bireh could not reach the place of the celebration." (Anonymous witness No. 21, A/AC.145/RT.613/Add.1)

406. Mr. Sayyad of the Mandela Institute told the Special Committee about the at times arbitrary nature of the behaviour of officers who prevent members of prisoners' families from visiting them at their places of detention:

"The criterion is, in fact, that it depends very much on the officer in charge at the border or at the observation checkpoint. The people in the car may have a permit to visit, but the commander at this specific checkpoint may order them to return back home without them being able to visit the prison. He can do so without any justification.

"For instance, in Hebron prison they implemented the demand concerning the extended visiting time, but each time the treatment that the supervising policeman subjects visitors to depends very much on his mood. For instance, if in the morning he would have given a family 45 minutes to visit their relatives, in the afternoon he might grant only 30 minutes. Even the demands that have been accepted are implemented haphazardly and left to the mood of the prison personnel or police staff." (Mr. Ahmad Mohammad Al Sayyad, witness No. 12, A/AC.145/RT.610)

407. A witness described a specific incident to the members of the Special Committee:

"Regarding violations of human rights, I'll give you the example of Naim Makhul from A'atil whose house was surrounded by the special units at eight o'clock in the evening. Rockets were placed on the roofs of the neighbouring houses and all the inhabitants were brutally pulled out of the house, on the pretext that somebody was wanted by the authorities. They were threatened that their house would be blown up and asked to take out all their belongings and furniture, and to give away the wanted people and the weapons they had with them. The people obeyed and came out. The special units crashed into the house and searched all over the place, after they had put spot lights on the chest of the house owner and ordered him to enter the house with them, on the pretext that there were some of the wanted people in the house. He entered with them. There was nobody in the house. None of the persons they wanted was in the house. They then took him out of the house. He was beaten up, himself and the rest of hi

s family, all over the body. They took them away in a military jeep. About 50 metres away from the house, they told his brothers to leave the jeep and he was taken to a nearby area, where he was again beaten, in order to be forced to confess about where the people they wanted were hiding and about the weapons they had, about the kind and quantity of weapons they had. They also threatened him that they would kill him right away unless he confessed. They took him to the military headquarters in Tulkarm. There, he was beaten again and presented to the military officer in command of the area, who literally told him that he didn't want him to live. After three hours, he was released. When he went back to his house, he found out that the soldiers had stolen about 5,000.-- Jordanian dinars from the house when they were searching it on their own." (Anonymous witness No. 17, A/AC.145/RT.611/Add.1)

408. Another witness described an incident concerning an inhabitant of the Tulkarm area:

"They arrested him and imprisoned him with three of his brothers. After about an hour, two of his brothers were released, but he and one of his brothers were kept in detention. The next day, also in the evening, again a large number of soldiers came to the house. He had been brought along with them. He was handcuffed, his legs were tied and there was a white rope around his neck. The soldiers were pulling him by the rope. He was placed in one of the rooms of the house. His mother was asked to come. When she arrived, they tortured him in front of her, beating him all over the body in order to force him to confess where he had hidden a revolver that had been used during an incident where one Israeli soldier had been killed and two had been wounded. However, he insisted that he did not know anything about what the Israeli authorities were accusing him of. So, all his family members were collected in one room and the soldiers stormed the house and destroyed all the furniture. The losses incurred we

re estimated at 10,000 Jordanian dinars for one floor, and at 4,000 Jordanian dinars for the second floor where he lived himself. In addition to all this, the soldiers mixed together all the food products, flour with oil, oil with lentils, and so on. They just emptied the kitchen and mixed together everything they could find. They also put on some music and started dancing. The music was very loud. They broke everything, all the kitchen utensils, saying that they were not going to leave anything in the house in good shape. When they went out, the family discovered that they had actually literally destroyed everything." (Anonymous witness No. 17, A/AC.145/RT.611/Add.1)

409. Testimonies relating to the harassment and physical ill-treatment of civilians in the occupied territories may be found in documents A/AC.145/RT.607 (Mr. Khaled Ragab Mohamed, Mr. Abdel Hamid Mohamad Al Shattalli), A/AC.145/RT.610 (Mr. Ahmad Mohammad Al Sayyad), A/AC.145/RT.610 (Mr. Raji Khedr Mussa Al Sourani), A/AC.145/RT.611/Add.1 (Anonymous witness), A/AC.145/RT.613/Add.1 (Anonymous witness).

Written information 14/

410. On 7 April 1993, Palestinian sources reported that some 19 residents were beaten and injured by soldiers in the Deir el-Balah area during searches for wanted fugitives. (Ha'aretz, 7 April 1993)

411. On 13 April 1993, the B'tselem organization petitioned Prime Minister Rabin to end the "arbitrary attacks on innocent (territories) residents during the closure". The organization sent to the Prime Minister testimonies collected by its field researchers in which Palestinians claimed that dozens of residents of the Gaza district had been beaten by soldiers during the search for wanted persons, and that soldiers had also caused considerable damage to property. The IDF spokesman stated that the army had received two complaints of beatings during searches and that they were being investigated. (Ha'aretz, Jerusalem Post, 14 April 1993)

412. On 21 April 1993, a border policeman was fired and three others suspended after they were filmed beating a 17-year-old Palestinian youth in the Shati' refugee camp on 20 April 1993. The punitive measures were ordered by Inspector-General Rafi Peled, after an internal police investigation of the incident. The beating was filmed by a Palestinian working for an international news agency and was shown on news programmes, both on Israeli Television and on stations around the world. The Justice Ministry was also investigating possible criminal action by the men in question. (Ha'aretz, Jerusalem Post, 21, 22 April 1993)

413. On 22 April 1993, Palestinian sources reported that during the closure of the territories, more than 30 residents of the Gaza Strip were beaten by border policemen and soldiers from the "Golani" unit. (Ha'aretz, 22 April 1993)

414. On 24 April 1993, the Gaza Bar Association had decided to boycott Israeli military courts for one week, starting 25 April 1993, to protest the ill-treatment of lawyers and their inability to carry out their work due to the closure of the occupied territories and the curfews imposed on several areas of the Gaza Strip. (Al-Fajr, 3 May 1993)

415. On 4 May 1993, IDF soldiers detained 12 youths, aged between 17 and 30, from the Jenin area. Four of them were reportedly beaten and thoroughly searched after having been made to take off their clothes. Eight other youths were also detained in Beit Fajar and Beit Sahur. (Al-Tali'ah, 5 May 1993)

416. On 22 May 1993, Palestinian journalist Hussein Attar, from Deir el-Balah in Gaza, was severely beaten by soldiers while he was on duty. (Al-Fajr, 31 May 1993)

417. On 23 May 1993, soldiers raided the house of Hatem Muhtasib in Hebron. The family of Muhtasib who was killed by soldiers a week earlier, allegedly for being an armed activist, complained of harassment and of the destruction of their furniture during the raid. (Al-Fajr, 31 May 1993)

418. On 21 June 1993, returnee Faek Warad complained that IDF soldiers ill-treated him when they raided his house in Beitin and forced him out in the middle of the night. (Al-Fajr, 24 June 1993)

419. On 23 June 1993, it was reported that Faik Warad, 67, from Beitin had complained that he was harassed by a General Security Service officer responsible for the Ramallah area, after being woken up by soldiers at his house after midnight and taken before the officer in question. Warad had been expelled 20 years earlier for being a senior member of the Palestinian Communist Party. (Ha'aretz, 23 June 1993)

420. On 17 July 1993, Israeli border guards and tax collectors raided the village of Issawiyeh, east of Jerusalem. Residents complained that the police behaved in a violent manner, smashing windows and breaking through closed doors. (Al-Fajr, 26 July 1993)

421. On 22 July 1993, during a pre-dawn raid, border police officers allegedly beat and verbally abused the residents of the Issawiya Arab neighbourbood in eastern Jerusalem. The raid was a joint operation carried out by the Jerusalem police and the Broadcasting Authority's tax collectors and bailiffs. Police spokesman Shmuel Ben-Ruby indicated that the police would investigate any official complaints made by the residents. (Jerusalem Post, 20 July 1993)

422. On 1 August 1993, IDF soldiers are reported to have stolen goods from several houses belonging to Arab residents during search raids in the village of Al Mogheyr, northeast of Ramallah. (Al-Tali'ah, 5 August 1993)

(b) Collective punishment

(i) List of houses or rooms that were demolished or sealed

Oral evidence

423. Ms. Jessica Bonn of B'tselem explained to the Special Committee the distinction between houses that are demolished on a security pretext and the new type of demolition of houses by artillery fire in the framework of searching for wanted persons:

"Since the installation of the Rabin Government, there has been no house demolition. As you know, house demolitions are legal under regulation 119 of the Defence Emergency Regulations of 1945. They can be performed without any proof that the person whose house is being demolished actually committed a crime. There is no legal proceeding. Up to the installation of the Rabin Government, according to B'tselem's data, 434 houses were demolished. In the later period, there was a drastic drop in the use of this measure. In the fourth year of the intifadah, 49 houses were demolished, whereas in the third year, 90 had been demolished. In the fifth year up to the installation of the Rabin Government, only eight houses were demolished and, as I said, this policy has not continued. However, the Government continues to issue orders for demolition. It is just that they are not enacted.

"I am sure that you have heard about the most recent phenomenon consisting of house demolition by artillery fire. B'tselem has just issued a report on this matter and it should be in print in the coming weeks. The house demolitions and sealings I mentioned before were all demolitions and sealings on security pretence, that is to say the house owner or a resident of the house were suspected by the security forces of committing a security offence. The house demolitions by artillery fire are in the framework of searching for wanted persons. In all cases so far, the residents of the houses had no connection with the person who is being pursued. Since the first case of house demolition by missile fire, there have been 11 incidents in which 19 houses have been entirely demolished and 34 severely damaged. In two additional cases, nine houses were severely damaged. In only two of the cases, wanted suspects were actually caught, three were killed and one was captured alive. In one case, two suspects actual

ly fled. This information leads us to believe that these house demolitions are entirely unnecessary. If there can be any justification in terms of security for such a drastic effect, that certainly is not the case in these demolitions. We have called upon the Government to cease this practice. In eight of the 11 incidents, there was report of maltreatment of the residents of the houses. They were blindfolded and tied for several hours, sometimes up to 14 hours. They were prevented from eating or from going to the lavatory." (Ms. Jessica Bonn, witness No. 35, A/AC.145/RT.616)

424. Ms. Bonn stated the following concerning house sealings:

"There has also been a drastic reduction in the number of house sealings. You will be receiving our Annual Report which contains a list of how many sealings there are per month. The number oscillates between one and three. That has been the case since the installation of the new Government. Again, the trend has been a decline. In the third year of the intifadah, 100 houses were sealed. In the fourth year, 46 houses were sealed and in the fifth year, 22 houses. At the end of June 1992, the Government declared that it would un-seal houses that had been sealed five years ago and more, that is to say before the beginning of the intifadah. Despite this, sealings continue. Sealings are immediate, that is to say a security force member issues the sealing order, which is approved by the legal adviser and, then, the sealing can occur immediately. This is in contrast to the process of demolition in which the house owner has 48 hours to appeal. The appeal process is fairly new. It was instated by a High

Court order in July 1989 and was always honoured, except in one case. However, even when a holding order was issued after an appeal, there was only one case in which the High Court overturned the demolition order and a second case in which an order was converted into a sealing." (Ms. Jessica Bonn, witness No. 35, A/AC.145/RT.616)

425. Mr. Raji Khedr Mussa Al Sourani informed the Special Committee about the most recent developments concerning the demolition of houses in the occupied territories:

"There is another point I would like to mention besides killings and injuries and their increase since last year and it is a new method that the Israelis have started using which we call "massive military operations". The pretext used by the Israelis for such operations is that they need to arrest wanted people. Of course, we do not intervene with the arrest of anyone who is wanted because he violates the law. He should be subjected to arrest. But what is happening is the following. Israeli soldiers, 200 or 300 of them, go to an area; here, as an example, I will tell you what happened in Al Toffah. They encircle the area, declare a curfew and request the people to leave their houses, keeping the doors and windows open. Once the people are evacuated, they take them to another place. They handcuff and blindfold the men and put the women and the children aside. Then, they begin shelling the houses, using 20, 30 and up to 40 shells to destroy 10 to 20 houses. After the shelling, they send small grou

ps of soldiers to each house, who heavily shoot on everything at random, including the furniture, the electrical appliances, a.s.o. ... Then, they put explosives and leave the place. A few minutes later, the houses explode and if there had been any chance to still be able to use the houses, after the explosion the hope is gone. The people are left absolutely homeless. I will not speak about the legal aspects of this, because I very well think that you are aware of it and how it violates the basic human rights, for this is pure collective punishment. It also has the intention to deter the community collectively in one way or the other. These operations normally last for about 15 hours.

"The Gaza Strip was principally affected by these massive military operations.

"The first massive military operation took place on 15.7.1992 and since then, such operations have been carried out again in increasing numbers.

"Of course, this new type of crime is incredible and it increases the tension, in such a way that nobody is secure in his house anymore. Also it is a matter of lottery, it's your lucky number or not whether you will be a victim, because who can guarantee that it is not going to happen to you today or tomorrow, as this phenomenon is going on all over the Gaza Strip, in Rafah, in Khan Younis, in Nuseirat, in Gaza City. ... It happened in the Al Toufah area three times already.

"I would still like to mention another point, which is the demolition of houses. This is different from the massive military operations I was talking about before. It happens like this. Somebody in a family commits a legal offence. He is arrested. During his interrogation, as a sort of punishment, a military order is issued stipulating that the house this person is living in should be demolished. We appeal in such cases on two levels. We appeal to the local court and we appeal to the High Court. I have to say that this practice was frozen for a certain period of time and we were very happy about it. In April 1992, this policy was reactivated and more and more orders of demolition were issued." (Mr. Raji Khedr Mussa Al Sourani, witness No. 15, A/AC.145/RT.610)

426. Another witness also spoke to the Special Committee about the demolition of houses in the Al Toufah quarter of Gaza:

"Surely, you have all heard how houses are destroyed by rockets on the pretext that wanted people are hiding in the houses. Recently, 20 houses were destructed in this way in Al Toufah, a residential quarter of the city of Gaza. They destroyed the houses, as well as everything inside. The people came out just with what they had on their backs. The Israelis were looking for two people when they destroyed these 20 houses. They knocked on the doors, they asked the people to come out with whatever they were wearing. It was at dawn. They put them all in a school. Then they started firing rockets at the houses. At the same time, the two people who were wanted came out, two young men around 22 years of age. They came out with their hands up, surrendering. But the Israelis went on destroying the houses with rockets." (Anonymous witness No. 23, A/AC.145/RT.613/Add.1)

427. Mr. Rizk Hussein Chkeir Maraabi of the Al Haq Institute provided the Special Committee with the following information concerning the demolition of houses:

"The number of Palestinian houses demolished on the pretext that the owners of the houses had not obtained the necessary building permits is far higher than the number of permits granted to Palestinians to build a house.

"Since January 1981 until the end of December 1991 and, according to a study our Institute conducted, the number of houses demolished or closed for political reasons amounts to a total of 1001: 302 in the West Bank, 154 in the Gaza Strip; 456 houses were totally destroyed and 93 partially.

"In 1992, 36 houses were demolished or closed, three were totally destroyed, 22 houses were completely sealed and 11 partially sealed. In 1993, until the end of March, 12 houses were completely sealed, 5 houses partially sealed, 1 house was partially demolished and none totally demolished. This concerns both areas of the West Bank and the Gaza Strip. Since June 1992, when Mr. Rabin came to power, until the end of March 1993, 1 house was totally demolished, 1 was partially demolished, 25 were totally sealed and 8 partially sealed. Since the new Labour government took power, one observes a new phenomenon, namely the bombardment of houses. One case of shelling of houses was reported in the West Bank and several cases in the Gaza Strip. This is how it happens: when they believe that wanted people are hiding in one particular town area, the Israeli authorities impose a curfew, get the people of this particular quarter out of their houses, group them in one place and then shell the houses from their tank

s.

"It is a new method used in the last part of 1992, after Mr. Rabin came to power. Since then, until the end of March 1993, 80 houses were the target of this new way of destruction. Twenty houses were completely destroyed, 35 have been severely damaged so that they are no longer habitable and 25 suffered less damage and are still habitable. Only a week ago, we received some information according to which 29 houses in Al Touffah, in the Gaza Strip, have been shelled. Because of the closure of the territories, we do not have any details yet as to the extent of the damage, but we know for sure that this happened a week ago only." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

428. Mr. Ibrahim Khamis Shehada also informed the Special Committee about the demolition of houses:

"Concerning the shelling of houses with rockets and the use of dynamite to demolish houses, I have noticed lately, in particular as of 9.1.1993 until 20.3.1993, that there has been an increase in the number of houses shelled. I was myself an eyewitness of an incident which took place in the camp of Deir el-Balah on 14.2.1993. The Israeli forces had imposed a curfew. After evacuating the people, they shelled 10 houses using rockets. The houses and the furniture therein were destroyed. Also, before that, on 9.1.1993, the Israeli forces surrounded the area of Al Toufah East, where the families of Al Suheikhy, Al Habash and Al Sobha live. The families were made to go out. The houses were stormed. Nine houses were damaged. On 14.1.1993, the same kind of operation was repeated in the western part of Al Toufah, where the families of Al Ai and of Domush had been evacuated from their houses. The same happened as in the previous incident, but with even more damage to the houses. On 11.2.1993, I was again

an eyewitness of an incident. It took place in the area of Khan Younis, in the Al Amal district, in Al Araishiya. The area was bombarded and the Israeli forces carried out the same operation, leaving 19 houses destroyed. On 20.3.1993, again in the area of Al Toufah, houses were shelled and destroyed.

"The shelling of houses is a new element that upsets the life of the inhabitants of the occupied territories and in particular of the Gaza Strip, because I know what happens in the Gaza Strip. The reason given for it is, as the Israelis claim, the phenomenon of the wanted people. However, from the evidence we have, this cannot be the reason. Let us take the example of Al Toufah. Yes, there was somebody wanted by the security forces in that area. His name is Zakaria Al Shorbaji, 33 years old. But still, several houses were destroyed entirely. They could have surrounded the house in which he was. They could have surrounded it hermetically. They did not need to shell and destroy all the houses around it. About 145 persons live there." (Mr. Ibrahim Khamis Shehada, witness No. 16, A/AC.145/RT.611)

429. Mr. Shehada provided the Special Committee with a detailed description of how demolition actually takes place:

"Allow me to give you a brief picture of what happens. At three o'clock in the afternoon, usually, a curfew is imposed. Nobody is allowed to go out. The army forces surround a given area. At seven o'clock in the evening, the authorities use megaphones to ask the population of the area to open the doors and windows of their houses and to leave the buildings. When they go out, their hands are tied, they are blindfolded and they are taken some distance away from their houses. Then the bombardment of the houses starts. This operation can last between six and eight hours, or even 12 hours, as it happened in Al Toufah on 20 March. After the shelling, the Israeli forces withdraw from the area and the ID cards of the inhabitants, which had been collected in the morning, are returned to them. People go back to their houses. ... After the shelling, the inhabitants receive a tent from the Red Cross and they start living in tents.

430. Accounts of the demolition and/or sealing of houses may be found in documents A/AC.145/RT.609 (Mr. Rizk Hussein Chkeir Maraabi), A/AC.145/RT.610 (Mr. Raji Khedr Mussa Al Sourani), A/AC.145/RT.611, (Mr. Ibrahim Khamis Shehada), A/AC.145/RT.613/Add.1 (Anonymous witness), A/AC.145/RT.616 (Ms. Jessica Bonn).

Written information 15/

431. On 1 April 1993, the Jerusalem Municipality demolished four structures built without licenses in the Arab neighbourhoods of the capital. (Jerusalem Post, 2 April 1993)

432. On 7 April 1993, an anti-tank missile was fired into a house near Khan Younis in order to force wanted fugitives to come out. (Ha'aretz, Jerusalem Post, 8 April 1993)

433. On 11 April 1993, it was reported that security forces sealed the home of Sharif Hassan Abu Dehila, in Jiftlik, north of Jericho, who was convicted of murdering Avi Osher of Moshav Ro'i in 1991. (Ha'aretz, Jerusalem Post, 11 April 1993; this information has also been referred to in Al-Fajr, 12 April 1993)

434. On 15 April 1993, it was reported that the IDF sealed the homes of Mahmoud Fauzi Salamah Falanah and of Ata Mahmund Abd al-Rahman Falanah, in the village of Umm Saffa as they were suspected of planting a roadside bomb near Matityahu on 17 October 1992. (Ha'aretz, Jerusalem Post, 15 April 1993)

435. On 15 April 1993, the IDF fired missiles at four houses during a search for wanted youths in the Gaza Strip. (Al-Fajr, 19 April 1993)

436. On 18 April 1993, it was reported that a house in Bani Suheila was totally destroyed while two additional houses were damaged during an IDF operation to search for fugitives. (Ha'aretz, 18 April 1993)

437. On 20 April 1993, during a search for activists, troops fired missiles at and set explosive charges in several houses in the Toufah neighbourhood of Gaza City. The soldiers reportedly told the unarmed residents of the closed-off area to leave their homes. Using megaphones, the soldiers then called out to the suspects to surrender. When they refused to do so, the troops fired missiles at several houses and placed explosive charges in others. Palestinian estimates of the number of houses damaged were around 11 to 29. (Ha'aretz, Jerusalem Post, 21 April 1993, Jerusalem Post, 22 April 1993; Al-Fajr, 26 April 1993)

438. On 20 April 1993, security forces sealed the house of Salam Aziz Mar'i, from Kirwat Bani-Zaid (West Bank), who had participated in the murder of soldier Gitaï Avissar near Burkin several weeks earlier. Also on 20 April 1993, the apartment of Mohammed Ahmed Mahmoud Raji from Azun, near Kalkilia, was sealed. The man confessed to the murder of a Palestinian whom he had suspected of collaboration with the Israeli authorities. (Ha'aretz, 21 April 1993; this information has also been referred to in Al-Fajr, 26 April 1993)

439. On 23 April 1993, it was reported that troops had damaged 21 apartments in the Toufah neighbourhood of Gaza on 20 April 1993. The Civil Administration announced that it would consider any claim for damages once the IDF had accepted that damage had been caused to the house of a family not responsible for sheltering wanted activists. (Jerusalem Post, 23 April 1993; this information has also been referred to in Al-Fajr, 3 May 1993)

440. On 23 April 1993, the house of Abdul Rahman Kmeil, from Kabatiya, in the Jenin area, was sealed. Kmeil allegedly tried to kill a collaborator in the village two years earlier. (Al-Fajr, 26 April 1993)

441. On 29 April 1993, security forces sealed two houses belonging to Walid and Fouad Ibrahim Abdallah Hodali from the Jelazoun refugee camp. (Ha'aretz, 30 April 1993; this information has also been referred to in Al-Fajr, 3 May 1993)

442. On 30 April 1993, four houses were demolished and the surrounding fields were damaged when the IDF fired missiles in the town of Beit Hanun while conducting searches for wanted persons. The houses belonged to Mohammed Suleiman Kharwat, Suleiman Aby Harbid, Mohammed Al Kara and Nasser Kafarah. Kafarah was subsequently arrested. (Al Tali'ah, 6 May 1993)

443. On 1 May 1993, six houses were reportedly demolished by IDF soldiers in Beit Hanoun, in the Gaza Strip. (Al-Fajr, 10 May 1993)

444. On 3 May 1993, security forces sealed off one room in the house of Ma'azal Muhammed Ismail Jarad, from Beit Hanoun, who admitted to participating in the murder of Yehuda Gawl from Ahkelon. (Ha'aretz, 4 May 1993)

445. On 9 May 1993, Palestinian sources reported that IDF forces and the Civil Administration demolished a mosque in the Nasser neighbourhood of Gaza City. The mosque was reportedly a Hamas stronghold and had been built without a permit. (Ha'aretz, 9 May 1993)

446. On 17 May 1993, the Jerusalem municipality demolished two houses in the Arab neighbourhoods of Issawiya and Beit Hanina. The houses were built without a permit. (Jerusalem Post, 18 May 1993)

447. On 19 May 1993, soldiers fired several anti-tank missiles and rifle grenades into an abandoned house in Hebron where two armed activists were hiding. The men did not surrender and were killed. (Ha'aretz, Jerusalem Post, 20 May 1993; this information has also been referred to in Al-Fajr, 24 May 1993)

448. On 21 May 1993, soldiers sealed off the houses of Rifat Ali Mohammed Aruki, 23, from Sheikh Radwan, and of Mo'amar Rajib (or Mo'ammar Rashid Mas'ud) 19, from the Shati' refugee camp, who were suspected of killing lawyer Itu Frinberg. (Ha'aretz, Jerusalem Post, 23 May 1993; this information has also been referred to in Al-Fajr, 24 May 1993)

449. On 24 May 1993, the B'tselem human rights organization stated at a press conference that dozens of residents of the territories whose houses were damaged when security forces used heavy weapons in search of wanted gunmen who were hiding have not received any compensation. According to the organization, security forces have carried out 15 such operations in the territories since the beginning of September 1992 to the end of April 1993 (13 in the Gaza Strip and 2 in the West Bank) in order to capture wanted gunmen, killing 6 and capturing 12 or 13. Forty-nine houses were destroyed and 53 others were damaged in the process. No fugitives were found in seven or eight such operations. In one case, a Palestinian who was neither armed nor a wanted fugitive was killed. (Ha'aretz, Jerusalem Post, 25 May 1993)

450. On 28 May 1993, it was reported that security forces had sealed off the house of Nazmi 'Id Mohammed, 50, from Zaim village in the Bethlehem district, who admitted to participating in the preparation of several explosive devices. The bombs had been placed in the Jerusalem area. The appeal was rejected. (Ha'aretz, 28 May 1993; this information has also been referred to in Al-Fajr, 31 May 1993)

451. On 30 May 1993, anti-tank missiles and rifle grenades were used by soldiers to drive out "terrorists" hiding in houses in Gaza. Damage was caused to the building. Palestinian sources indicated that seven or eight houses were damaged, during the attack, two cars were destroyed and a chicken coop was hit by gunfire, killing hundreds of chickens. (Ha'aretz, Jerusalem Post, 31 May 1993)

452. On 7 June 1993, security forces sealed off the house of Mahmound Jaber Assad, from Beit Likia in the Ramallah area, who had admitted to the murder of two Arab residents, the violent interrogation of other residents, possesion of weapons and membership in the Democratic Front. His appeal against the measure was rejected. (Ha'aretz, 8 June 1993)

453. On 9 June 1993, the room of Ziad Hamidan Shukairat, 18, was sealed in the Jebel Al Mukaber area of Jerusalem. Shukairat was arrested for the stabbing of several Israelis. (Al-Tali'ah, 10 June 1993)

454. On 21 June 1993, Sabri Foukiya tore down the greater part of his house in Sur Bahir village, instead of waiting for the Jerusalem Municipality to demolish the structure which had been built illegally on the small plot of land which remained after he was expropriated in the 1970's. The seven dunams owned by Foukiya were expropriated for the construction of houses in the Jewish neighbourhood of East Talpiot, leaving him with one dunam on which to build a house for his family which was located in a "green area" off limits for construction. (Jerusalem Post, 21, 22 June 1993)

455. On 30 June 1993, it was reported that following the intervention of MK Zucker, the Minister of Defense had announced the unsealing of a room in the house of Ali Mohammed Salam Tina, from Deir el-Balah, which had been sealed in 1990. Tina was arrested in May 1990 for throwing stones at soldiers and for injury. He was sentenced to 20 months' imprisonment. (Ha'aretz, 30 June 1993)

456. On 28 July 1993, it was reported that the IDF had fired anti-tank missiles at four houses and one aluminium factory in the Khan Younis area during an apparant search for wanted "terrorists". Security forces reportedly called out to residents to leave their homes before the missiles were fired. The two houses and the factory were completely destroyed. The IDF adamantly denied that any houses had been blown up. (Jerusalem Post, 29 July 1993)

457. On 28 July 1993, it was reported that the IDF had demolished several houses in Khan Younis, alleging that wanted Palestinians were hiding there. (Al-Tali'ah, 29 July 1993)

458. On 28 July 1993, a major military operation involving 200 soldiers was launched against houses in the Khan Younis area, in the Gaza Strip. The operation caused massive structural damage to several houses, rendering a large number of families homeless. (Al-Fajr, 16 August 1993)

459. On 16 August 1993, it was reported that the security authorities had decided to allocate approximately $107,000 to 39 residents of the Gaza Strip whose houses were destroyed by IDF fire during searches for wanted gunmen. According to Palestinian sources, more than 100 houses were damaged or destroyed during IDF operations in the course of the last two years. (Ha'aretz, 16 August 1993)

460. On 18 August 1993, IDF troops threw sound bombs at the house of a wanted youth, Ahmed Awad Akmil, in Kabatiya, in the Jenin area. (Al-Tali'ah, 19 August 1993)

461. On 19 August 1993, the IDF raided houses in the Sheikh Radwan and Zeitoun neighbourhoods of Gaza City, during searches for wanted fugitives. Palestinian sources indicated that six houses were damaged by missiles during the raid in Sheikh Radwan and one house was damaged in Zeitoun. (Ha'aretz, Jerusalem Post, 20 August 1993)

462. On 26 August 1993, a house was demolished in the village of Sur Bahir. (Ha'aretz, 27 August 1993; this information has also been referred to in Al-Tali'ah, 2 September 1993)

(ii) Imposition of curfews, sealing off or closing areas

Oral evidence

463. The director of the Gaza Centre for Rights and Law stated the following about the sealing of and closing of areas:

"Closures are not new. I have to stress that this is not a new practice. It has a long and complicated legal background but, since last year, it has been used in a more severe and more frequent way. There were closures in May and June of last year, then in September and again at the end of November, and now we have a closure since 27.3.1993.

"This is how it happens. One day, you hear that this or that area is a closed military zone, so nobody can get in or out. Even the HCR people who belong to the United Nations cannot go to the area. The people of the Red Cross are not allowed in either. It is like having a free hand and doing what they want in these houses. They declare an area to be a military zone and they impose a curfew. And then they begin their search from one house to the other." (Mr. Raji Khedr Mussa Al Sourani, witness No. 15, A/AC.145/RT.610)

464. Mr. Rizk Hussein Chkeir Maraabi of Al Haq told the Special Committee about the closure of the occupied territories and its effects:

"My colleagues could tell you about the economic impact and the consequences of this closure. What I myself would like to highlight here is the fact that because the closure includes Jerusalem, it has in fact cut the occupied territories into four distinct parts. The Gaza Strip has become one part. The south of the West Bank is another part. By south, I mean the part of the West Bank south of Jerusalem and including Bethlehem and Hebron. Jerusalem has become the third part and the north of the West Bank, the part north of Jerusalem, forms the fourth part.

"The reason given by the Israeli authorities is that they want to provide personal security for the citizens of the State of Israel. And incidents have preceded this total closure of the territories, like, for instance, the stabbing of Israeli citizens beyond the green line in Israel." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

465. Mr. Samir Othmar Huleileh, the director of the Economic Development Group, provided the Special Committee with the following information concerning the closure:

"Our understanding as to now, based on various meetings we had with Israeli officials and economists in the last weeks, is that it seems to be a permanent situation, or is developing into a permanent situation, both for security and political reasons, but not for economic reasons. We understand that it wasn't planned before, as they say, but they are happy with the results and that is why it is having its own momentum now to develop into a permanent situation. Therefore, from our point of view, it is becoming more serious and we see it as a disturbing factor in the course of the current peace process. It creates more tensions, on the social, the political and the economic level in different regions, in particular in the Gaza Strip." (Mr. Samir Othmar Huleileh, witness No. 18, A/AC.145/RT.612)

466. A university professor told the Special Committee about the global impact of the closure on the life of the occupied territories:

"This new situation deserves our full attention because this measure is likely to have a far-reaching effect on the future, not only on the Palestinian economy, but also on the social conditions in the Palestinian society. This blockade threatens to destroy the basis of the Palestinian economy. Resources which should be used for development will have to be used for relief and emergency, for coping with famine, for instance, with diseases, with the rising rate of unemployment (some estimates go up to 60 per cent). This last blockade has deprived about 40 per cent of Palestinian workers of their source of income and concerns more than 100,000 persons who are left with nothing. Most of the time, the families concerned are poor, they have no other source of earning. This is particularly the case in the Gaza Strip, where the majority of these families do not have any land. So, the only income of the bread-winners came from their jobs in Israel." (Mr. Samir Abdallah Saleh, witness No. 11, A/AC.145/RT.609)

467. He also spoke in particular about the economic impact of the closure:

"The cantonization of the territories, the division into four separate parts, is going to create difficulties because it is not easy to move between the northern and the southern part of the West Bank, or between them and Jerusalem. It is also difficult to reach the area of Jericho. And we know that the agricultural production of this part of the West Bank cannot reach its traditional marketing centres in Jerusalem and in the southern part of the West Bank. This is a very grave situation as far as the future of the economic activities is concerned because our farmers do not have any form of protection. They do not have the ability to sustain these losses for a long time. Many farmers might abandon agriculture because of the losses they have sustained." (Mr. Samir Abdallah Saleh, witness No. 11, A/AC.145/RT.609)

468. Another witness provided the Special Committee with the following information concerning wages before and after the closure of the occupied territories:

"What more do you want as an escalation than this preventing the Arab workers to go and work in Israel? They used to get about 100 shekels a day, that is to say about 30 Jordanian dinars. Now, even if they accept to work for 20 shekels, there is no work. This is because of the siege, because of this security belt that prevents them to go to work." (Mr. Ali Mohammed Ali Abu Ayash, witness No. 20, A/AC.145/RT.613)

469. In addition, Mr. Saleh spoke about the fact that the cantonization has cut off Jerusalem from the rest of the occupied territories and its consequences:

"Now, as to the situation of Jerusalem, the city is the centre for services in the West Bank in general. It has been arbitrarily separated from its economic surroundings and from the area with which it carries out exchanges. Therefore, its separation from the West Bank in such an arbitrary manner is likely to lead, and has actually led, to a weakening of economic activities. It has also deprived thousands of Palestinians working with Arab organizations of the possibility of carrying out their work. Even the Arab firms and institutions in Jerusalem are going to lose their effectiveness and are going to sustain losses. All organizations, and not only commercial ones, are going to suffer. The economic activity in Jerusalem has now gone down to half of the volume it used to have before the closure of the territories. Trade has been blocked and industry is suffering. This is the price paid by the business sector in the West Bank.

"There is also a separation between the Gaza Strip and the West Bank and between the Gaza Strip and Jerusalem. This is also likely to lead to enormous losses. In other words, this last blockade is a sort of economic war waged in order to deprive the Palestinian worker of livelihood and food. This is an economic war for which there is no alternative capable of absorbing the negative impact emanating from such a blockade." (Mr. Samir Abdallah Saleh, witness No. 11, A/AC.145/RT.609)

470. A witness who testified before the Special Committee spoke about the effects of curfews and closures on the economic situation in the occupied territories:

"Due to the curfew and due to the closure of Jerusalem, we have had considerable problems and were not able to transport our product to Jerusalem or to Hebron, because Jerusalem divides the south West Bank from the northern part of the West Bank. To transport anything from the north to the south, or vice-versa, one has to go through Jerusalem and entrance into Jerusalem is not possible without a permit. Of course, we can obtain this permit, but normally when we apply for permits, these are not granted immediately and it takes a few days. As a result, much of the milk cannot keep and cannot keep its quality. It means that we have to process the milk into dairy products and keep them under refrigeration, but our refrigeration space is very limited. It gets full. We cannot sell these products in time. They get spoilt and we have waste and losses. We do have refrigerated trucks, but they only give us one out of three permits needed for the refrigerated trucks. As a result, it is not enough to transport

our products to Hebron or to Jerusalem. (Anonymous witness No. 5, A/AC.145/RT.608)

471. Other witnesses confirmed the global effects of the closure on life in the occupied territories:

"Four security blocks have been placed at the entrance to Tulkarm within the Green Line. Of course, this has impeded movement. It has divided and isolated Tulkarm city from the area around it. The closure of the Green Line has led to the fact that the inhabitants are unable to go to Kalkilya and to the neighbouring villages unless they use another route on very long and difficult roads. Also, this closure has imposed a financial burden on the people.

"For example, 36 students from our area were not able to reach their schools, be it Bethlehem University or the Faculty of Science and Technology or the Faculty of Arts in Jerusalem.

"The closure has also had a negative effect on the medical and health services in the region. The people from the Civil Administration allege that they are giving special permits to people who are sick and need medical care. The reality is different.

"The effects of the closure on the economic life of the area are important. No permits have been given, except to 10 major businessmen in the area, on condition that the commodities they transport amount to 10 tons and that they are transported to one specific area. The other truck owners who have a lesser transport capacity were not given special permits, although they pay very high taxes indeed, ranging from 300 to 500 shekels monthly. The daily losses for the city of Tulkarm are estimated at 30,000 shekels.

"The effects of the closure on agriculture and cattle, which constitute the wealth of the area, are important as well. Tulkarm depends on exports through the Green Line for about 60 per cent of its income. In the case of Hebron, this percentage amounts to 20 per cent. As a consequence of the security siege, agricultural surplus has resulted because farmers cannot export their products. This has caused a serious deterioration of the economic situation of the farmers." (Anonymous witness No. 21, A/AC.145/RT.611/Add.1)

472. This is how Mr. Chaker Joudeh, the head of the Syndicate of Agronomists in the occupied territories described the effects of the closure on agriculture:

"Since 19 March 1993, we are victims of a blockade. The northern part of the West Bank has been separated from the southern part. The northern part is the one that produces most and it has been separated from the Hebron region where consumption is the highest. The two areas are also separated from the Gaza Strip. This has led to a paralysis as far as marketing is concerned. It has also reduced the level of prices and has caused enormous losses to the farmers. The cost of the blockade so far is estimated at $16,000,000." (Mr. Chaker Joudeh, witness No. 9, A/AC.145/RT.609)

473. A university professor informed the Special Committee about the consequences of the closure of the occupied territories on the right to the freedom of education:

"The Spring term started on 18 March 1993 and the closure took place on 30 March 1993. So, we extended for one week the registration period to allow the students to come and register. But, actually, we had to postpone this date several times because over 25 per cent of the students could not come. Many students who study at Al Najah University come from Gaza, from Hebron, from Bethlehem, from Jerusalem also. In fact, we now still register students if it shows from their identity card that they come from these places and have had difficulties reaching Nablus. This causes a lot of trouble for the University, because we also have deadlines for registration, for the various courses, for the extra courses, for affectation to the laboratories. For instance, instead of the usual 20 students, I have only 12. (Anonymous witness No. 7, A/AC.145/RT.608)

474. Mr. Ahmad Mohammad Al Sayyad from the Mandela Institute for Political Prisoners spoke about the difficulties encountered by the families of prisoners as a result of the closure and cantonization of the occupied territories:

"Because of the security belt that the Israelis have set up around the West Bank and the Gaza Strip and because most of the prisons and detention camps lie within the 'Green Line', in Israel itself, families find it extremely difficult to visit their sons in prison. The authorities have given themselves the right to object to any person visiting relatives in prison and do not give permission to visit if the security forces object to it." (Mr. Ahmad Mohammad Al Sayyad, witness No. 12, A/AC.145/RT.610)

475. A witness told the Special Committee how difficult it has become for the inhabitants of the territories to go to the next village since the closure:

"This siege is a stranglehold on the occupied territories. I can think of a village and that I want to go and visit somebody in the next village, two kilometres away, and under the circumstances of the siege, I would have to go some 50 kilometres around to reach the village." (Anonymous witness, A/AC.145/RT.613/Add.1)

476. Mr. Joudeh informed the Special Committee how he had lost his entire crop and stopped farming as a result of the prolonged curfews imposed in the occupied territories after the Gulf War:

"In 1991, immediately after the Gulf war, our region in Tulkarm was closed for 26 days. There was a total curfew. In addition to being an agricultural engineer, I am also a farmer. My farm covers an area of 10 dunums, of which three dunums are reserved for cultivation in greenhouses. I used to plant cucumbers in the greenhouses and it was harvesting time. Cultivation in greenhouses requires daily care as far as irrigation, or the use of pesticides, or pruning, or airing, or harvesting are concerned. At the beginning of the curfew, I tried to get a permit to be able to see to my farm. But the authorities rejected my request, as they had imposed total curfew. Every three or four days, the inhabitants of the region were given one or two hours to go out. So, I went to the farm with my sons and daughters in order to harvest the cucumbers. When the period of two hours ended, I had not finished harvesting and I wanted to complete my work. But the Israeli authorities and the army came to the farm. The

y opened fire in all directions. I had small children with me, we were obliged to leave and go back home. As a result of this curfew, the whole production in the greenhouses was lost. As I say, it would have needed daily care, airing, the plastic covers should have been removed during the day and put back at night. When I went back to the farm at the end of the curfew, which had lasted 26 days, the whole production was destroyed and I sustained a great loss. Since that day, I have not tried to cultivate again." (Mr. Chaker Joudeh, witness No. 9, A/AC.145/RT.609)

477. Mr. Ibrahim Khamis Shehada of the Gaza Centre for Rights and Law informed the Special Committee how an excessively strict enforcement of curfews may lead to loss of life:

"I want to speak to you now about the killing of Khaled Al Khamsan. This happened on 18 February 1993. He was 27 years of age. He left his house to go and visit one of his friends at nine o'clock in the evening. Nine o'clock is the beginning of the curfew, when people cannot circulate. So, he breached the curfew by ten minutes. At ten past nine, there was an ambush. Suddenly, the people who were waiting in ambush opened fire on this young man and he was killed on the spot. ... Concerning this incident, research has indicated to us that the opening of fire took place without any previous warning. (Mr. Ibrahim Khamis Shehada, witness No. 16, A/AC.145/RT.611)

478. Testimonies relating to the imposition of curfews, sealing off and closing of areas may be found in documents A/AC.145/RT.608 (Anonymous witnesses), A/AC.145/RT.609 (Mr. Chaker Joudeh), A/AC.145/RT.609 (Mr. Rizk Hussein Chkeir Maraabi), A/AC.145/RT.610, (Mr. Ahmad Mohammad Al Sayyad), A/AC.145/RT.610 (Mr. Raji Khedr Mussa Al Sourani), A/AC.145/RT.611 (Mr. Ibrahim Khamis Shehada), A/AC.145/RT.611/Add.1 (Anonymous witness), A/AC.145/RT.612 (Mr. Samir Othmar Huleileh), A/AC.145/RT.613 (Mr. Ali Mohammed Ali Abu Ayash), A/AC.145/RT.613/Add.1 (Anonymous witness).

Written information 16/

479. The territories (West Bank and Gaza Strip) were closed as of 31 March.

480. On 4 April 1993, a curfew was imposed on the Maghazi refugee camp (Gaza Strip) in order to facilitate house-to-house searches. (Jerusalem Post, 5 April 1993; this information has also been referred to in Al-Fajr, 12 April 1993)

481. On 5 April 1993, soldiers sealed off Deir el-Balah refugee camp and conducted house-to-house searches. (Ha'aretz, Jerusalem Post, 7 April 1993; this information has also been referred to in Al-Fajr, 12 April 1993)

482. On 8 April 1993, curfews were imposed on Khan Younis and the adjacent refugee camp in order to conduct search for fugitives. (Ha'aretz, 9 April 1993; this information has also been referred to in Al-Fajr, 12 April 1993)

483. On 9 and 10 April 1993, curfew remained in force in Khan Younis and the adjacent camp (this information has also been referred to in Al-Fajr, 19 April 1993). A curfew was imposed on the area of Manger Square in Bethlehem following the throwing of a bottle of acid at the police station. (Ha'aretz, Jerusalem Post, 11 April 1993)

484. On 11 April 1993, Khan Younis and the adjacent refugee camp remained under curfew. (Jerusalem Post, 11 April 1993)

485. On 11 April 1993, the curfew remained in force in the Nuseirat refugee camp for the second consecutive day. (Al-Fajr, 19 April 1993)

486. On 12 April 1993, the curfew remained in force in the Nuseirat refugee camp after an arms cache was allegedly discovered in the camp. (Al-Fajr, 19 April 1993)

487. On 14 April 1993, the Ras el-Amud and Silwad neighbourhoods of East Jerusalem was placed under curfew for several hours while house-to-house searches were conducted. (Ha'aretz, Jerusalem Post, 15 April 1993; this information has also been referred to in Al-Tali'ah, 15 April 1993)

488. On 15 April 1993, a curfew was imposed on the Khan Younis refugee camp during searches for wanted youths. A curfew was also imposed on Deir el-Balah and Zawaideh when two men were arrested in the area. (Al-Fajr, 19 April 1993)

489. On 16 April 1993, a curfew was imposed on Khan Younis and Gaza City while the IDF conducted searches for Palestinian activists. (Al-Fajr, 19 April 1993)

490. On 17 April 1993, the blockade imposed on the West Bank and Gaza Strip was renewed indefinitely by the IDF. A curfew was imposed on the village of Bani Suheila in the Gaza Strip while the IDF demolished three houses with missiles. (Al-Fajr, 26 April 1993)

491. On 20 April 1993, the Toufah neighbourhood of Gaza City was sealed off and placed under curfew in order to allow a search for fugitives. The Shati' refugee camp was placed under curfew. (Ha'aretz, Jerusalem Post, 21 April 1993; this information has also been referred to in Al-Tali'ah, 22 April 1993)

492. On 21 April 1993, the Jabalya refugee camp was placed under curfew as a pre-emptive measure following the killing by IDF soldiers of Ziad Al Shurbagi in the camp the day before. A curfew was also imposed on the villages of Beit Lakya, Beit Sahour, near Bethlehem, and on Rafah and Khan Younis. (Al Tali'ah, 22 April 1993 and Al-Fajr, 26 April 1993)

493. On 22 April 1993, the Shati' and Jabalya refugee camps remained under curfew for the second consecutive day. (Al-Fajr, 26 April 1993)

494. On 24 April 1993, a curfew was imposed on the Toufah neighbourhood following confrontations between Palestinian civilians and Israeli soldiers. (Al-Fajr, 3 May 1993)

495. On 28 April 1993, Irtas and the neighbouring Deheishe refugee camp were placed under curfew following the death by shooting of a Palestinian stone-thrower. (Jerusalem Post, 29 April 1993)

496. On 1 May 1993, a curfew was imposed for several hours on Beit Jala, a village near the Gilo neighbourhood to which a gunman reportedly fled after attacking an Israeli couple. (Jerusalem Post, 2 May 1993; this information has also been referred to in Al-Tali'ah, 10 May 1993)

497. On 1 May 1993, a curfew was imposed on a neighbourhood of Hebron. It remained in force in Irtas village, near Bethlehem and Beit Hanoun, Gaza Strip, for the second consecutive day. (Al-Fajr, 10 May 1993)

498. On 12 May 1993, the Cabinet extended the ban on workers from the territories to a second month. Officials stated that criteria relating to age and family status would be established in order to determine what exceptions would be made. (Jerusalem Post, 3 May 1993)

499. On 11 May 1993, a curfew was imposed on an area of Rafah following an ambush in which IDF troops were shot at. (Jerusalem Post, 12 May 1993)

500. On 11 May 1993, a curfew was imposed on the Deir el-Balah refugee camp. (Al-Fajr, 17 May 1993)

501. On 12 May 1993, a curfew was imposed on the centre of Nablus following the stabbing of two soldiers (this information has also been referred to in Al-Tali'ah, 13 May 1993). A curfew was placed on Jabalia to prevent disturbances caused by the death of a Hamas activist who had tried to flee to Egypt several days earlier. (Jerusalem Post, 13 May 1993; this information has also been referred to in Al-Fajr, 17 May 1993)

502. On 13 May 1993, a curfew was placed on Rafah following the throwing of a hand grenade at soldiers manning an IDF roof top observation post. The Jabalia refugee camp remained under curfew. (Ha'aretz, Jerusalem Post, 14 May 1993; this information has also been referred to in Al-Fajr, 17 May 1993)

503. On 13 May 1993, the curfew imposed on Beit Lahia and Nablus remained in force for the second consecutive day. (Al-Fajr, 17 May 1993)

504. On 14 May 1993, the curfew imposed on the Jabalia refugee camp remained in force for the third consecutive day; a curfew was maintained for the second consecutive day in Rafah. (Al-Fajr, 17 May 1993)

505. On 15 May 1993, the curfew imposed on the Jabalia and Shaboura refugee camps was lifted. (Al-Fajr, 24 May 1993)

506. On 16 May 1993, the curfew was maitained in Rafah and its refugee camp for the fourth consecutive day. (Al-Fajr, 24 May 1993)

507. On 22 May 1993, a curfew which had been imposed on the Shati' refugee camp was lifted. (Al-Fajr, 24 May 1993)

508. On 25 May 1993, Bani Suhaileh village and the Khan Younis refugee camp, both of which are in the Gaza Strip, were placed under curfew. (Al-Fajr, 24 May 1993)

509. On 28 and 29 May 1993, Hebron was placed under curfew following the killing of an Israeli man. (Ha'aretz, Jerusalem Post, 30 May 1993; this information has also been referred to in Al-Tali'ah, 30 May 1993; Al-Fajr, 31 May 1993)

510. On 30 May 1993, Hebron remained under curfew. (Jerusalem Post, 31 May 1993)

511. On 31 May 1993, a curfew was imposed on the village of Beit Jala when shots were fired at a car in the Gilo neighbourhood of Jerusalem. Hebron remained under curfew. (Ha'aretz, Jerusalem Post, 1 June 1993)

512. On 2 June 1993, Hebron remained under curfew during the Al Adha feast (31 May-2 June). (Al-Fajr, 7 June 1993)

513. On 3 June 1993, a curfew which had been imposed on Hebron was lifted. (Ha'aretz, 4 June 1993)

514. On 9 June 1993, the curfew imposed on the el-Bureij refugee camp in the Gaza Strip was maintained for the fifth consecutive day while the army searched for wanted youths. (Al-Tali'ah, 10 June 1993)

515. On 12 June 1993, a curfew remained in force in the Rafah refugee camp for the second consecutive day. (Al-Fajr, 21 June 1993)

516. On 13 June 1993, Rafah was placed under curfew following several attacks against security forces in the area. (Ha'aretz, 13 June 1993)

517. On 16 June 1993, the Nuseirat refugee camp was placed under curfew while IDF soldiers searched the area for wanted persons. (Al-Tali'ah, 17 June 1993)

518. On 18 and 19 June 1993, following the shooting of two watchmen in Har Gilo, the nearby Arab village of Beit Jala and its refugee camp (as well as the village of Aida were placed under curfew. Rafah was placed under curfew following the throwing of a grenade at an IDF patrol. (Ha'aretz, Jerusalem Post, 20 June 1993)

519. On 20 June 1993, a curfew which was imposed on the village of Beit Jala in the Shaboura and Yabna refugee camps in the Rafah area was lifted. (Jerusalem Post, 28 June 1993)

520. On 26 June 1993, a curfew was imposed on Jenin after youths allegedly tried to throw an incendiary bottle at a military patrol. (Al-Fajr, 5 July 1993)

521. On 29 June 1993, the curfew which was imposed on the Shaboura refugee camp was lifted. (Al-Fajr, 5 July 1993)

522. On 5 July 1993, it was reported that MK Ron Cohen (Meretz) had condemned that the reported practice by the army of closing Hebron's main street for Arab-owned cars during the Shabbat prayers held by settlers (on 2 and 3 July). Cohen demanded that Rabin immediately stop the practice, calling it "a closure within the closure". (Jerusalem Post, 5 July 1993)

523. On 6 July 1993, a strict military siege was imposed on Kabatiya, in the Jenin district, following an incident in which a hand grenade was thrown at a military patrol. (Al-Fajr, 12 July 1993)

524. On 11 July 1993, following the attempted abduction of an Israeli near Tulkarm, the IDF imposed a curfew on A-Til village as they searched it in order to arrest the assailants. (Jerusalem Post, 12 July 1993)

525. On 14 July 1993, the curfew imposed on the Balata refugee camp remained in force for the second consecutive day. (Al-Tali'ah, 15 July 1993)

526. On 21 July 1993, a curfew which had been imposed on Salfit two days earlier was lifted. (Al-Tali'ah, 22 July 1993)

527. On 23 July 1993, a curfew was imposed on the Shaboura refugee camp in Rafah from 3 a.m. to 9 a.m. while the IDF allegedly searched for wanted activists. (Al-Fajr, 26 July 1993)

528. On 28 July 1993, a curfew was imposed on the city and the refugee camp of Khan Younis. (Al-Tali'ah, 29 July 1993)

529. On 5 August 1993, a curfew was imposed on Ramallah, El Bireh and Beitunia following the kidnapping and killing of an Israeli soldier. (Al-Fajr, 16 August 1993)

530. On 6 and 7 August 1993, a curfew was imposed on Deir Bahut, in the Tulkarm area, following the killing of two soldiers. A curfew was imposed on the Dehaishe refugee camp following the throwing of a grenade at an IDF outpost in the camp's vicinity. (Ha'aretz, 8 August; Jerusalem Post, 8 August 1993)

531. On 7 August 1993, the curfew that had been imposed on the Ramallah region was lifted. (Al-Fajr, 16 August 1993)

532. On 9 August 1993, it was reported that following attacks on soldiers over the weekend, the IDF had placed several villages in the Tulkarm and Ramallah areas under temporary curfew. (Ha'aretz, 9 August 1993)

533. On 13 August 1993, the city of Rafah was placed under curfew following the shooting in which a soldier was injured. (Al-Fajr, 16 August 1993)

534. On 17 August 1993, a curfew was imposed on the village of Kafr Rai for two consecutive days while soldiers arrested 22 youths from the same village. (Al-Tali'ah, 19 August 1993)

535. On 22 August 1993, the army closed the area of the el-Bureij refugee camp and searched for the gunmen after the shooting at a car near the refugee camp. (Jerusalem Post, 23 August 1993)

536. On 26 August 1993, the IDF imposed a curfew on the Shabura refugee camp following the throwing of a grenade at an army observation post. (Jerusalem Post, 27 August 1993)

(iii) Other forms of collective punishment

Written information 17/

537. On 6 August 1993, IDF troops raided the premises of the Faculty for Modern Sociology in Beitunia following the kidnapping of an Israeli soldier, breaking windows and furniture. This was the third raid on the Faculty in the course of a single week. (Al-Tali'ah, 12 August 1993)

538. On 26 August 1993, Israeli authorities are reported to have imposed additional security measures on the area around the Ibrahimi shrine in Hebron, restricting further the movements of the Arab residents of the neighbourhood who have been living under an unofficial siege of settlers. (Al-Tali'ah, 19 August 1993)

(c) Expulsions

Oral evidence

539. One witness who testified before the Special Committee gave his views of the situation of the deportees:

"The problem of the deportees is a big question mark and everybody is waiting. Also, some of the deportees are very young, they have nothing to do with anything. The Israelis just gathered people and ousted them, and they have even admitted that they have deported people by mistake. This means that there was no investigation. They just went into this house and that house, gathered people and threw them out, just like a bunch of goats or sheep. This is disturbing the people very much." (Anonymous witness No. 5, A/AC.145/RT.608)

540. The president of Al Azhar University also described the feeling of the population of the occupied territories concerning expulsions:

"Deportation as a method is not new for the people in the occupied territories. Since 1967, people have been deported from the Gaza Strip. What happened last year is the first mass deportation. Therefore, the reaction was really very, very strong, because it means that we are not safe any more. The occupying forces may bring a truck at night, fill it with people and throw them into the Sinai, if Egypt allows, or into Lebanon or any other place. So, the situation on the whole is very difficult. The people do not feel safe any more and they are against deportations, against mass deportations and against the deportation of one person by one, because it reflects the aggressive attitude of the occupying power aimed at keeping the people in the Palestinian occupied territories under threat all the time." (Mr. Riyad H. Al Khoudary, witness No. 13, A/AC.145/RT.610)

541. Mr. Raji Khedr Mussa Al Sourani provided the Special Committee with the following background information regarding expulsions as well as information concerning the massive expulsion which took place on 17 December 1992:

"Article 112 on emergency regulations dated 1945 allows such measures. It was reactivated after 1967. Later on, order 1086 was issued releasing the military authorities from having to go through the customary procedure they used to have in the High Court which allowed deportees to appeal in front of local jurisdiction committees and to the High Court of Justice. Now, the situation is such that you can proceed with the deportation immediately. After the deportation, the deportee's lawyer can appeal, without communicating with the deportee. So, the right of habeas corpus, the right of the person to be in court, is denied to the deportee. Secondly, how can you represent anybody when being empowered by his family? Suppose he does not want you to represent him? It means also that access to the lawyer is denied to the deportee.

"Deportation is in itself a violation of human rights and when we add the two factors I have just mentioned, it shows that minimum guarantees are not even available to the deportee.

"Dorit Beinish, the General Prosecutor in the Israeli High Court of Justice, refused to represent the Israeli State in this matter. This is an unprecedented situation. Then, the Government asked Yussef Harish, the legal adviser of the same Government, to represent the State. This shows very clearly that such a measure is inacceptable." (Mr. Raji Khedr Mussa Al Sourani, witness No. 15, A/AC.145/RT.610)

542. Ms. Jessica Bonn of B'tselem provided the following information:

"The Israeli Government seemed to think that a solution to violence by Palestinians against members of the security forces and Israeli civilians was to deport 415 Palestinians, which, even if this had been a solution to Israel's security problems, is clearly illegal. However, there was no decline in attacks against Israeli civilians during the period following the mass deportation. In fact, in March 1993, seven Israeli civilians were killed by Palestinians in the occupied territories alone, and two were killed within the Green Line. Two members of the security forces were killed within the Green Line. Following the increase in attacks, not just killings but other attacks as well, the Government finally declared the closure at the end of March 1993. It has indeed led to a decline in attacks on Israeli civilians within the Green Line, but has not led to a decline in attacks against Israeli civilians in the occupied territories. Furthermore, as we know, this closure presents numerous and severe problems f

or the Palestinian population." (Ms. Jessica Bonn, witness No. 35, A/AC.145/RT.616)

543. Testimonies referring to expulsions in general and to the 17 December 1992 deportation from the occupied territories of 415 Palestinians may be found in documents A/AC.145/RT.608 (Anonymous witness), A/AC.145/RT.610 (Mr. Riyad H. Al Khoudary), A/AC.145/RT.610 (Mr. Raji Khedr Mussa Al Sourani), A/AC.145/RT.616 (Ms. Jessica Bonn).

Written information 18/

544. On 16 April 1993, the almost 400 deportees belonging to the Hamas and Islamic Jihad marched from their camp in southern Lebanon to the Zumriya crossing point at the northern border of the security zone. When they reached a point overlooking the border of the zone, several warning shots were fired by the IDF and the South Lebanese Army units. The shells reportedly exploded several hundred meters away from the marchers, without placing any of them in danger. According to an unconfirmed report, one of the deportees, Fathi Karawi, 35, from Tulkarm, was lightly injured, although it was not clear whether the cause was the shelling or the heat. (Ha'aretz, Jerusalem Post, 18 April 1993)

545. On 26 April 1993, IDF tank and artillery fire stopped the nearly 400 Palestinian deportees from marching towards the border checkpoint in protest of the resumption of the peace talks. (Ha'aretz, Jerusalem Post, 27 April 1993; this information has also been referred to in Al-Tali'ah, 29 April 1993; Al-Fajr, 3 May 1993)

546. On 27 April 1993, it was reported that Israel would announce that it would allow approximately 35 Palestinian deportees expelled between 1967 and 1987 to return. Palestinians estimate that the total number of persons deported during the 20-year period is 1,200. (Ha'aretz, Jerusalem Post, 27 April 1993; this information has also been referred to in Al-Fajr, 26 April 1993, 3 May 1993)

547. On 28 April 1993, Israel agreed to repatriate 30 long-term Palestinian deportees (this information has also been referred to in Al-Tali'ah, 29 April 1993). The decision was reportedly taken after consultations with security authorities had established that the 30 persons in question were "not involved in hostile 'terrorist' activity". (Ha'aretz, Jerusalem Post, 29 April 1993; this information has also been referred to in Al-Fajr, 3 May 1993)

548. On 30 April 1993, 15 Palestinians who were deported to Jordan many years earlier, were allowed to return to Israel. Among them were Hanna Nasser, the President of Bir Zeit University, Abdul Jawad Salah, the former mayor of al-Bira, and Dr. Faisal Kanaan. (Ha'aretz, Jerusalem Post, 2 May 1993; this information has also been referred to in Al-Fajr, 3 May 1993)

549. On 3 May 1993, a second group of 14 long-term Palestinian deportees, most of whom are elderly men, returned from Jordan. Among them there were Ruhi Khatib, the former Jordanian mayor of Jerusalem, Mahmoud Kadri, a writer from Ramallah, Walid Kimhawi, Daoud Erekat and Dr. Naim Shahab. Mahmoud Kadri, the last of the group of 30 deportees who returned arrived on 6 May 1993. (Jerusalem Post, 4 May 1993; this information has also been referred to in Al-Fajr, 10 May 1993)

550. On 7 May 1993, Abdul Aziz Rantisi, the spokesman for the 396 deportees in Marj Al Zuhour, complained of severe hazards to health ever since the pipes supplying water from nearby villages were destroyed. Rantisi called on the ICRC and the UNRWA to supply the deportees with drinking water. (Al-Fajr, 17 May 1993)

551. On 9 May 1993, Ali Mohammed Mahmoud Abu Kas, a deportee in Marj Al Zuhour suffering from a liver ailment was secretly transported to a hospital in Lebanon. (Al-Fajr, 17 May 1993)

552. On 11 May 1993, a proposal put forth by Israel immediately to repatriate 25 members of the Hamas who were deported to Lebanon in December 1992, in addition to the 101 who were already allowed to return on 1 February 1993, was rejected by Hamas. (Jerusalem Post, 11 May 1993; Ha'aretz, 12 May 1993)

553. On 14 June 1993, it was reported that since the world media had apparently lost interest in the deportees in southern Lebanon, those who could return without risk of arrest, detention or prosecution would reportedly be allowed to pursue the appeals procedure. The number of appeals being filed was reportedly increasing. (Ha'aretz, Jerusalem Post, 14 June 1993)

554. On 20 June 1993, a spokesman for the Defense Ministry confirmed that Ali Ajawa, a Hamas deportee, was to be allowed to return from Lebanon for humanitarian reasons. The man was said to be mentally disturbed and reportedly recently attacked two fellow deportees with an axe. (Jerusalem Post, 21 June 1993)

555. On 9 July 1993, it was reported that additional information obtained about the involvement of some of the 400 deportees in violent activities could lead to their trial and imprisonment upon return, between September and December 1993. (Ha'aretz, 9 July 1993; Jerusalem Post, 9 July 1993)

556. On 22 July 1993, the Palestinians who were deported from the territories to southern Lebanon in December 1992 staged a protest demanding to go home for medical treatment. IDF soldiers fired in the air in order to halt the advance of approximately 85 men who carried posters in English, Arabic and Hebrew, saying "We demand our right to hospital treatment". (Jerusalem Post, 23 July 1993)

557. On 25 August 1993, the 396 Palestinians who had been deported almost eight months earlier, announced that they would accept Israel's offer to allow them to return in two stages. The Government offered to allow the return of 189 deportees to the territories on an unspecified date in September. The rest were to be repatriated in December. The Defence Ministry spokesman, Oded Ben-Ami, indicated that some of the men faced prosecution for attacks on IDF soldiers. (Jerusalem Post, 26 August 1993)

558. On 12 August 1993, the Israeli Defence Ministry spokesman, Oded Ben Ami, announced that 66 deportees would be allowed to return home as of 17 September 1993. Ben Ami stated that the deportees would recover their "former legal status before their expulsion". Those who had been free prior to their expulsion would not necessarily return home. Ben Ami indicated that information about the activities of a number of deportees had been gathered during the interrogation of activists who were arrested recently and that the deportees would be questioned about those activities upon return. (Al-Fajr, 16 August 1993, Al-Tali'ah, 19 August 1993)

(d) Economic and social situation

Oral evidence

559. Mr. Samir Abdallah Saleh, a university professor, provided the following indications about the economic situation in the occupied territories:

"Last year, as I said, the Israelis did not change their general economic policy, but they felt that their restrictive policy was no longer effective when aimed at expelling the Palestinian labour force and that a change was needed. The changes they introduced were very limited. They started to facilitate the issuing of permits for new projects and they promulgated a law granting tax exemption for three years for newly established companies. But these are minor changes. Although Israel has acknowledged the dimension of the problem, it has not proposed any radical solution. One of the most important manifestations of the problem is the increase in the rate of unemployment, which is no less than 30 per cent of the total Palestinian labour force." (Mr. Samir Abdallah Saleh, witness No. 11, A/AC.145/RT.609)

560. Mr. Riyad Mohamad Ali Abu Rahma told the Special Committee about the consequences of the closure of the occupied territories on the livelihood of the inhabitants of the Gaza Strip:

"As for the others, everybody knows that approximately 100,000 workers from the Gaza Strip who used to work inside Israel right now are prevented from entering Israel and are deprived of their work. The economic life in Gaza has come to a halt because these 100,000 workers are the backbone of the economy in the Gaza Strip. When they have no work, there is no life. When work stops, life stops. For everybody. As a consequence, I think that very soon we will see a stronger and more fierce resistance, and more massacres in the Gaza Strip." (Mr. Riyad Mohamad Ali Abu Rahma, witness No. 1, A/AC.145/RT.607)

561. Ms. Jessica Bonn of the B'tselem human rights organization provided the Special Committee with additional details concerning the effects of the closure on the income of the population of the occupied territories:

"One example, and the most well known one, is that the closure has deprived over 100,000 Palestinians of their source of income in Israel. These workers have not received any unemployment compensation. I have some figures on these workers that I would like to present to you. Of these workers, 70,000 out of 116,000 were employed through the Labour Bureau. Their employers gave the paychecks to the Labour Bureau. The Labour Bureau deducted national insurance payments and then the taxed income is given to the workers. Even though these 70,000 workers had paid national insurance payments on a regular basis, they did not receive any unemployment compensation. Needless to say that those who were not employed through the Labour Bureau did not receive unemployment compensation either. In addition, since the closure, very few Palestinians employed through the Labour Bureau received their paychecks for March. They worked the entire month of March because the closure was only declared at the end of March. O

nly 13,000 of the 70,000 employed in Israel and registered with the Labour Bureau had received paychecks as of 15 April. On that same date, the Labour Bureau announced, in keeping with the guidelines issued by the Ministry of Labour and Welfare, that employers who had not distributed March paychecks to their workers would lose their employer permits. Following that announcement, the number of employers reporting to the Labour Bureau increased and some 38,000 additional workers received compensation for that month. That is still a far cry from solving the problems of a continued income for these people as well as the days worked in the month of March by those not registered with the Labour Bureau and by those registered with the Bureau whose employers did not pay them.

"Closure has been used in the past by the Israeli Government, following attacks against Israeli citizens and in each case it has been lifted afterwards gradually, over the course of a few weeks. In this case, the Government has stated that the number of Palestinian workers allowed in Israel will not return quickly to normal. On 27 April 1993, it was decided that 20,500 special permits would be issued, approximately 11,000 in Gaza and 19,400 in the West Bank. The number of permits actually distributed was only 15,500 and the number of workers who actually reported to work in Israel was much lower. This perhaps is related to several reasons, including the lack of communication between workers and employers as well as bureaucratic complications and strikes by the Palestinian organizations.

"Another area in which the closure has caused severe damage is in the field of medical services in the territories. The occupied territories have been compartmentalized into four regions, Northern West Bank, East Jerusalem, Southern West Bank and Gaza. This makes it difficult for persons requiring medical care to reach medical institutions in places other than their area of residence. The largest medical centre is, of course, East Jerusalem. In addition to the problem of patients arriving at the medical centres, medical staff also has encountered great difficulty reaching work. The Al Muqassat Hospital in East Jerusalem is a general hospital which serves the West Bank and Gaza. It employs 726 persons, 50 of whom are residents of the Gaza Strip. As of 21 April 1993, none of the residents of Gaza had received a permit to enter Jerusalem. Three hundred and fifty employees of the hospital are residents of the West Bank. Of these, 50 have not received permission to enter Jerusalem. And the 300 who di

d receive permission did not receive permission to enter Jerusalem in a motor vehicle. All of this has led to a drastic decline in the number of patients using the various facilities. From the usual number of out-patients, only 44 per cent have used the out-patient facilities. The procedure of surgical operations declined by 30 per cent. The number of women giving birth in the hospital declined by 50 per cent. There was a shortage of blood in the blood bank because 70 per cent of the donors come from the West Bank and were not allowed to enter East Jerusalem.

"The entire Palestinian economy is out of work. The Civil Administration promised to create 5,000 jobs for workers in an infrastructure development in the territories, but this is a very small percentage of the 116,000 Palestinians who need work." (Ms. Jessica Bonn, witness No. 35, A/AC.145/RT.616)

562. Another witness told the Special Committee about the linkage of the Palestinian economy with that of Israel and its consequences in view of the closure of the occupied territories:

"During the years of occupation, the Palestinian economic situation has been entangled with the Israeli economic situation. It has become an integral part of the Israeli economy and it is very hard to divide both economies, as many labourers who depended on the land before 1967 went to work in Israel. As a result, land has been neglected and they depend totally on their income from working in Israel. Recently, because of the closure of the territories, 100,000 workers from the territories have been prevented from entering Israel and working there. It has created grave problems for them and for the economy of the territories. It was mentioned in the news that Israel was now allowing 20,000 to 25,000 workers to enter Israel and work there. This is definitely not enough and many families cannot earn any money and have no other means of livelihood.

"Marketing is another problem. As you know, I presume, from your previous hearings, the occupied territories are an open market for Israeli products, but Israel is closed for Palestinian products. We cannot sell our products in the Arab part of Jerusalem either, especially since 30 March last. This situation has led to a rise in prices, especially in the Bethlehem and the Jerusalem areas." (Anonymous witness No. 5, A/AC.145/RT.608)

563. A witness who testified before the Special Committee indicated that restrictions were valid for all aspects of daily life:

"If a Palestinian wants to establish an industry, he has to get a permit from the Ministry of Industry. If he wants to have a farm, he is restricted as to where he can have it. If he wants to build a house, he has to have a permit and it is not granted for areas outside the municipality domain. As a result, he will not be able to have any development activity.

"If Palestinians want to come up with their own institutions to sustain themselves, as we are doing now, and want to establish contacts with other organizations in order to know what is going on in research and start to apply it in the West Bank, they are being prevented because the Israelis ban all information and refuse to cooperate with us. They put all kinds of restrictions. If I want to visit an Israeli technical institution, it is very difficult to organize. It takes very long and you need to have the right contacts. And then, when they release the information, they are very particular not to give you what you really need.

"Therefore, these constraints are directly linked with development because they do not want any Palestinian economic development to take place, they do not want any Palestinian to stand on his feet, because also then, people would be more attached to the land. This affects not only our farm and our school, but many other Palestinian enterprises". (Anonymous witness No. 5, A/AC.145/RT.608)

564. Mr. Chaker Joudeh, the head of the Syndicate of Agronomists in the occupied territories, spoke about the marketing of agricultural products:

"Regarding the marketing of agricultural products, I would like to say the following. As a result of the financial and agricultural policy pursued by Israel and because most of the Israeli agricultural sector is subsidized by the Israeli Government, Israeli products have low production costs and they also quickly reach the markets of the West Bank. On the other hand, Palestinian products are not allowed into Israel at all, or not allowed without a permit for some specific products like okra, for instance, or figs. These products require an important labour force and Israeli farmers are not enthusiastic about cultivating them.

"In 1988, a process of direct export from the occupied territories to Europe was started on a preferential basis. However, under the pretext of security, the Israeli authorities imposed various measures such as a sanitary check taking place in the storage and packaging facilities, after the farmers had already completed the packing of their products. This was likely to increase the costs of export, because one had to repack everything after the security check and also because each inspector was receiving $30 a day. High shipping costs and taxes have also led to grave problems. The cost for shipping one ton of agricultural products amounts for a Palestinian farmer to three times the cost that an Israeli farmer has to pay for shipping the same product to the same market." (Mr. Chaker Joudeh, witness No. 9, A/AC.145/RT.609)

565. Another witness described what happened to organizations in the occupied territories that would refuse to pay taxes on legal grounds:

"We were faced with a lot of harassment to force us to pay. They would break into the offices, collect all our papers from the accountants, take them out, stop our cars in the street, not renew the licences for our vehicles, give fines. We have to live with this all the time.

"I know that in Jerusalem the merchants have to pay heavy taxes, very heavy taxes, so that many people have closed their shops, because they cannot cope with the taxes that are imposed on them. So, they prefer their shops to be closed." (Anonymous witness No. 5, A/AC.145/RT.608)

566. The following account was also provided:

"For my private car, I have to pay the equivalent of 20 Jordanian dinars monthly. The insurance for the tractor is 500 dinars per year. I pay about 500 dinars on my produce. We have a form on which all the taxes we have to pay are listed, on the car, the tractor, the produce. I also have to pay customs duties on my car over a certain number of years in instalments, because I could not pay all in one go. If the authorities examine the form and find out that one hasn't paid, automatically everything is doubled." (Mr. Ali Mohammed Ali Abu Ayash, witness No. 20, A/AC.145/RT.613)

567. Mr. Elias Rishmawi, a pharmacist from Gaza, provided the following description of the Israeli system of taxation:

"In 1974, the first amendment of the Jordanian tax law of 1964 took place with the issuing of military order 543. This amendment was changing the civil legal system into a military one. Civil tax courts and civil tax courts of appeal were cancelled and substituted by military courts and military courts of appeal. The Israeli tax personnel have been given rights as soldiers, with the power to intimidate, threaten, confiscate, break through, without having to get court orders. ... In practice, this military tax system is actually responsible for the destruction of the Palestinian economic infrastructure." (Mr. Elias Rishmawi, witness No. 14, A/AC.145/RT.610)

568. Mr. Rishmawi told the Special Committee about what had happened to him personally:

"We finally realized that the tax authorities intended to confiscate our property, so we appealed to the Supreme Court of Israel and we got an injunction, which is included here. The injunction is in Hebrew. It has a technical part mentioning the names of the persons who presented the appeal, who are related to us and are the owners of the places we worked in. It was issued on 22 June 1989 and stipulates that no tax authorities can confiscate our properties unless they notify us or our attorneys ten days in advance. Four days later, my pharmacy and the warehouse were totally cleaned out by the tax authorities who came supported by 50 soldiers. I showed the court injunction to the military officer who threw it into my face with a big smile, telling me to go back to court.

"I must say that from all the experiences and the data collected, including studies on the tax system and comparative studies on different tax systems in the area (occupied territories, Israel and Jordan), we found out that Palestinians are paying the highest income tax rate in the whole area. In other words, we start paying income tax at low salary levels. Even after the Civil Administration reform in February 1992, which they presented as a big change, no real change was made. This was only lousy plastic surgery for a very terrible situation and it ended up with nothing new. With regard to the rates, we are paying the highest ones in the area. They made some adjustments, but the brackets were not really adjusted." (Mr. Elias Rishmawi, witness No. 14, A/AC.145/RT.610)

569. A witness who testified before the Special Committee provided the following information linked to the Israeli taxation policy in the occupied territories:

"Last year, they came and took away all our telephones, fax machines, computers, and especially the computers with the disks with our accounts on them and the formula we follow in preparing drugs. They took them all, they took all the disks, they didn't leave anything for us. ... When I went back one month later, I went to see them and asked them what they wanted from us. The answer was: 'You pay now immediately 150,000 shekels and you get your equipment back and then we'll see how you pay back the rest of the money.' I paid this sum and they told me to come and collect my things the next day. When I arrived the next day, I was told that 'sorry, they had had to send the equipment to Tel Aviv to the Ministry of Defence and it will be sold in an auction and I should go there and apply for the auction'. I went to Tel Aviv and offered 15,000 shekels for my own goods. One week later, I received a letter saying that we had succeeded and were to pay the 15,000 shekels. We paid the money and took our goods

. We asked what had been the second bid and we were told that it had been 2,000 shekels by a Jewish factory. We took our things and went to the income tax offices, asking them to deduct the 15,000 shekels we had already paid. They said that they would deduct 10,000 shekels, as 5,000 shekels were to cover the costs for the transport of the goods to Tel Aviv.

"I can tell you one thing: in comparison, we are paying income tax in the West Bank as much as a company in Israel selling ten times more.

"We are paying and paying and if you see my accounts in the computer, you find that the taxes are more than my capital. So, we don't know what to do about this." (Anonymous witness No. 19, A/AC.145/RT.612/Add.1)

570. Mr. Chaker Joudeh spoke about the taxes paid by farmers:

"The farmers have to pay taxes. They pay the income tax, the value added tax and if they export their products, particularly to the Jordanian market, they have to obtain permits. The drivers have to obtain a permit. There is also another permit called the certificate of origin. An additional permit has to be obtained from the Jordanian Ministry of Agriculture, if the products are for export to Jordan. All these taxes and permits, together with the costs of the sanitary checks, amount to a lot of money." (Mr. Chaker Joudeh, witness No. 9, A/AC.145/RT.609)

571. Numerous witnesses spoke about the problems related to water in the occupied territories:

"What we have also severely suffered from is the water problem. On our farm we used to have about 29 wells. Now, we only have seven wells in operation. During the last five years we have been trying to obtain permission from the Israelis to renew these wells and to do replacement drillings. Since 1988, we haven't had much luck. Up to 1991, we were allowed to drill one replacement well. Later on, they eased the restrictions on the drilling of replacement wells. But the trouble is that, since the beginning of the occupation until now, many of our drilling rigs have not been in operation and are in poor condition. As a result, farmers who have wells have to depend on Israeli drilling companies to maintain them. The Israeli drilling companies, having no competitors, constantly raise their prices for drilling. I'll give you an example. Normally, it should cost about $150 to drill one meter of well with casing. In late 1991, when we had our wells drilled, we actually paid $980 per metre of drilling

with casing. At the same time, we had to pay for the protection of the drillers. We were told that we were responsible for the security of the drillers. When we answered that we had no means to ensure their protection, the companies argued that they would have to bring soldiers to ensure that nothing happens to the drillers and we had to pay $6,100 a month just for the guards for the drilling team. From all this you can see that the cost of getting water is very high. The capital availability for individual farmers is very limited. There are no banks and no funding agencies which could grant financial support. As a result, we have to do with a lower quality of water and a smaller quantity of water. In turn, it limits the areas under cultivation." (Anonymous witness No. 5, A/AC.145/RT.608)

572. Mr. Chaker Joudeh also informed the Special Committee of how the problem of water affected the agricultural sector in the occupied territories:

"As a result of the overuse of pumped water on the Israeli side, salinity of the soil has increased and sea water has infiltrated the ground water, particularly in the Gaza Strip.

"In the West Bank, the total amount of renewable water is 700 million cubic metres. Palestinians are allowed to exploit 125 million cubic metres only, both for agriculture and household use. The Israelis are using 530 million cubic metres annually.

"Moreover, there is a deliberate delay on the part of the Israelis in issuing the permits for the renewal and use of artesian wells. Most of these wells were dug in the sixties and are in dire need of maintenance as they have lost about 40 per cent of their capacity.

"In Israel, the farmers pay water by the cubic metre. In the territories, farmers pay by the pumping time, although pumps may have different and uneven pumping capacities. It is about 70 cubic metres per hour and an hour costs nine dinars.

"Concerning the water in the settlements, we do not have information regarding the quantities being pumped, but they receive water subsidies." (Mr. Chaker Joudeh, witness No. 9, A/AC.145/RT.609)

573. The president of Al Azhar University, Mr. Riyad H. Al Khoudary, provided the following information concerning the situation of water in the occupied territories:

"Along the armistice line between Gaza and Israel, about one kilometre from the line, the Israelis have dug 30 water wells (this is the figure I heard) in the same aquifer and they are pumping water from this same aquifer before it reaches the underground of the Gaza Strip. They pump this water to the Negev. It causes the lowering of the water table in the Gaza Strip and leads to a salt water intrusion from the sea towards the east.

"The wadi Gaza is the only wadi in the Gaza Strip. It brings between 20 and 30 million cubic metres a year of water from the Hebron mountains. The Israelis, and this is the third point I wanted to mention, have blocked the wadi 1 or 2 kilometres away from the armistice line so that no water is flowing into the Gaza Strip. The entire water supply is kept behind a dam and used in Israel. Now, the course of the wadi Gaza is filled up with sewage from the villages. They let the sewage go to the wadi because there is no water. It is full of garbage and dirt, but before, it was green and nice. The Gaza valley is turned into a sewage and is dying.

"Fourthly, the military authorities have issued a number of orders imposing restrictions on the use of water, on the digging of further water wells, on the maintenance of water wells and of water pumps. For instance, if you want to dig a new well, you have to apply for a license, but you never get it. If you want to deepen an existing well (because of the lowering of the water table, some wells dry up), you also have to ask for permission and God knows when and if you get it. Also, the price of water is high, unlike tariffs applied to the settlers." (Mr. Riyad H. Al Khoudary, witness No. 13, A/AC.145/RT.610)

574. Mr. Jad Elias Ishaq, the Director of the Applied Research Institute in Jerusalem, provided the Special Committee with figures concerning water resources in the occupied territories:

"The second issue is the question of the depletion of water resources. Again here, there are no reliable data. All data related to water are considered a state security matter and the Israelis are denying us and the international community access to such data. In Raja Shehadeh's book called 'Occupier's Law', you will find concrete evidence that information on water and on land registration is a question of state security and this is a determining factor. Anyhow, according to figures used by Israeli scholars, the ground water in the West Bank, the aquifer, has a safe potential of 600 million cubic metres per annum while the Palestinians are allowed to use 115 million cubic metres. The rest, 485 million cubic metres, is not accessible to us. We have no access to the water of the Jordan river. Israeli divergence projects based on the Johnston Plan have prevented us from using any water from the Jordan river. This plan included a project called the West Ghour Canal, by which the Palestinians would hav

e been entitled to 150 million cubic metres. Yet, this project never saw the light. So, we have a share in the Jordan river, our territories border the river, yet we do not get one drop of the fresh water from the Jordan river. Instead, when the Jordan river gets into Palestinian territory, it becomes nothing more than a pool with very saline water, because of the divergence of its water.

"In Gaza, the water which used to replenish the shallow aquifer is being diverted to the Negev and this causes a serious problem of sea water intruding into the land. The salinity in Gaza is increasing at a rate of 25 parts per million per year. A study published by the WHO two years ago revealed that 60 per cent of the water from wells in Gaza is unfit for domestic consumption." (Mr. Jad Elias Ishaq, witness No. 8, A/AC.145/RT.608/Add.1)

575. A witness described the regulations governing the planting of crops:

"Let us say we would want to introduce new varieties of crops, which have to be imported. We would have to get permission from the Israelis to do so. In the Jordan valley, the quality of the water has deteriorated. The salinity of the water has increased. Consequently, we have to select carefully the type and the quality of the crops we plant. For instance, bananas are a good income crop, but they require very sweet water. Citrus fruits also require fairly sweet water. However, water reaching around 1,500 mg of chloride can be used only to irrigate certain crops, like dates for instance. So, we thought of introducing dates, which can stand salinity and also have no marketing constraints. We wanted to buy date varieties, but they wouldn't allow us to introduce this type of crop. We asked whether we could import seedlings from outside, but they said no. We officially asked whether Israeli farmers would release such seedlings, but they said no." (Anonymous witness No. 5, A/AC.145/RT.608)

576. Mr. Rizk Hussein Chkeir Maraabi, researcher at the Al Haq Institute, informed the Special Committee how military orders affect even the planting of trees:

"I can give you examples of military orders, so as to clarify what I am saying. Military order 1015, issued on 27 August 1982, deals with the planting of fruit trees. In fact, it prohibits the planting of fruit trees without a prior authorization given by the competent authority. The latter stipulates the conditions to be met for the planting of trees. This same military order prohibits any change in the type of trees to be planted. It also defines that a garden is a piece of land with less than 20 fruit trees and it requires that owners of such gardens have to inform the authorities about the existence of the gardens within a period of 90 days after the promulgation of the military order. This same military order also stipulates the punishment to be applied in case of not complying. It foresees imprisonment up to one year and/or heavy fines up to 15,000 shekels." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

577. Mr. Izhaq from the Applied Research Intitute in Jerusalem described the impact of the occupation on the social situation in the territories:

"The ... question of the human habitat. We believe that human beings should be allowed to have a good environment, a social and economic environment. We also believe that occupation has led to severe population displacements, which caused an increase in environmental problems. The population density in Gaza is very high. In places, it reaches 30,000 people per square kilometre and is the highest in the world. The people in Gaza did not choose to live in such a crowded way. The political conflict led to the displacement of the people, hence to imbalance and socio-economic and environmental problems in the area.

"The population density in Israel is 250 persons per square kilometre, which is comparable to the density in the West Bank. However, it is more than 2,300 persons per square kilometre in Gaza. If you consider the restricted areas, that is 60 per cent of the land in the West Bank and 40 per cent in Gaza, the population density in the West Bank comes to 500 persons per square kilometre and to 4,000 in Gaza. It reaches 30,000 in some of the refugee camps. Because of the many restrictions on zoning, planning and land use, people still find themselves having to live in refugee camps and that is where you get the figures of 30,000 people per square kilometre." (Mr. Jad Elias Ishaq, witness No. 8, A/AC.145/RT.608/Add.1)

578. Accounts of the economic and social situation prevailing in the occupied territories may be found in documents A/AC.145/RT.607 (Mr. Riyad Mohamad Ali Abu Rahma), A/AC.145/RT.608 (anonymous witness), A/AC.145/RT.608/Add.1 (Mr. Jad Elias Ishaq), A/AC.145/RT.609 (Mr. Chaker Joudeh), A/AC.145/RT.609 (Mr. Rizk Hussein Chkeir Maraabi), A/AC.145/RT.609 (Mr. Samir Abdallah Saleh), A/AC.145/RT.610 (Mr. Elias Rishmawi), A/AC.145/RT.612/Add.1 (anonymous witness), A/AC.145/RT.613 (Mr. Ali Mohammed Ali Abu Ayash), A/AC.145/RT.616 (Ms. Jessica Bonn).

Written information 19/

579. On 3 April 1993, exporters of citrus fruits in the Gaza Strip complained of heavy losses due to the fact that with West Bank licence plates trucks were not allowed to leave to Jordan in order to deliver the produce. Other industries, such as fruit picking, waxing and packaging have, in turn, also been affected, leaving at least 5,000 workers without employment. (Al-Fajr, 12 April 1993)

580. On 4 April 1993, it was reported that Prime Minister Rabin had approved a partial relaxation of the ban on workers from the territories. (Jerusalem Post, 4 April 1993)

581. On 5 April 1993, it was reported that approval was given for some 1,200 workers from the territories to work in Israel. (Jerusalem Post, 5 April 1993)

582. On 7 April 1993, it was reported that the Government had authorized an additional 1,500 Palestinians, including 1,000 from the Gaza Strip, to work inside the Green Line, raising the total number of Palestinians with work permits to 2,500. The same day, between 1,000 and 1,576 out of the 2,500 agricultural workers permitted by the Government to cross the Green Line came to work. (Jerusalem Post, 7 April 1993; Ha'aretz, Jerusalem Post, 8 April 1993)

583. On 9 April 1993, Palestinian sources reported that despite the difficulties in the Gaza district due to the closure, there were no shortages of fruit and vegetables. Since small quantities of produce were allowed to leave the district, prices had dropped while the quality available for local consumption had increased. Meat, however, was expensive. (Jerusalem Post, 9 April 1993; this information has also been referred to in Al-Tali'ah, 15 April 1993)

584. On 13 April 1993, it was reported that following the Government's decision to prolong the closure of the territories indefinitely, the Ministry of Finance had agreed in principle to allocate more funds to create jobs in the territories. (Ha'aretz, Jerusalem Post, 13 April 1993)

585. On 14 April 1993, an official belonging to the security authorities stated that UNRWA and other organizations were distributing food among residents of the territories. (Ha'aretz, 14 April 1993; this information has also been referred to in Al-Fajr, 3 May 1993)

586. On 15 April 1993, it was reported that 34,000 Palestinian workers who had not been paid because of the closure of the territories, had received their salaries for the month of March (this information has also been referred to in Al-Fajr, 19 April 1993). Some 23,000 other Palestinian workers remained unpaid. (Ha'aretz, 15 April 1993)

587. On 15 April 1993, the Palestinian Human Rights Information Centre (PHRIC) indicated in a statement that at least 56 military roadblocks have been erected along the Green Line and within the occupied territories, dividing the West Bank into small regions. According to the statement, Palestinian workers were the largest group of persons directly affected by the closure since they can no longer commute to their jobs in Israel. The PHRIC estimated the unemployment rate to be 75 per cent among this group. In an appeal to international organizations, the Union of Palestinian Relief Committees stated that because of the closure, Palestinians were currently denied access to the only hospital for registered refugees (Augusta Victoria), to the largest and most advanced hospital in the occupied territories (the Makassed Hospital), and to the only ophthalmological hospital in the area (St. John's). All three hospitals are located in East Jerusalem. (Al-Fajr, 26 April 1993)

588. On 19 April 1993, according to the members of the "Hadash" party, a convoy of trucks carrying 30 tons of food for distribution to Palestinians in Gaza was turned back by the IDF at the Erez checkpoint. (Ha'aretz, Jerusalem Post, 20 April 1993)

589. On 19 April 1993, Labour and Social Affairs Minister Ora Namir stated at a press conference that of the almost 9,000 workers who were authorized to enter Israel to work, only 4,700 had actually shown up. She indicated that one of the reasons was that extremists were threatening persons allowed to come into Israel. Another reason Namir stated, was that numerous workers did not have direct contact with their employers but had been brought in by Palestinian entrepreneurs. (Jerusalem Post, 19 April 1993)

590. On 19 April 1993, Israeli forces denied entry into the Gaza Strip to six trucks loaded with food supplies. The supplies had been collected by Palestinians inside the Green Line as a sign of solidarity with the Palestinians under occupation. The soldiers who stopped the trucks at the Erez military checkpoint stated that they had acted in accordance with "high-level orders". Attempts made to obtain permission for food provisions to be transported to the Gaza Strip in United Nations trucks remained fruitless. (Al-Fajr, 26 April 1993)

591. On 20 April 1993, 7,350 workers from the territories crossed the Green Line to work. (Ha'aretz, 21 April 1993)

592. On 22 April 1993, it was reported that an Israeli black market for Arab workers from the occupied territories had sprung up recently, particularly since the sealing off of the Gaza Strip. (Al-Tali'ah, 22 April 1993)

593. On 26 April 1993, a report published by the Palestinian Agricultural Relief Committees indicated that there was a sharp decline in the price of vegetables in the occupied territories due to the impossibility of transporting them from one area to another as a result of the closure, in particular from the Jordan Valley and the northern West Bank, where most of the vegetables are grown. (Al-Fajr, 26 April 1993)

594. On 27 April 1993, the Employment Service provided the following figures concerning workers crossing the Green Line: a total of 11,789 workers from the territories had received permits to work in Israel on 27 April 1993. Among the workers from Gaza, 5,090 were sent to work in agriculture and 1,442 in construction. There were 4,831 permits for agricultural workers from the West Bank, while 738 permits were issued for construction. Several hundred other workers received permits to work mainly in industry and in bakeries. (Jerusalem Post, 28 April 1993)

595. On 27 April 1993, although permits had been issued to 5,000 construction workers from the territories, only some 2,000 actually came to work. The construction industry had been losing approximately $1.8 million a day since the closure. Losses currently amounted to more than $45 million. (Jerusalem Post, 28 April 1993)

596. On 29 April 1993, a senior official of the Southern Command stated that since the closure of the territories, more than 100 requests by Palestinian families for food assistance had been made to the Civil Administration. (Ha'aretz, 30 April 1993)

597. On 5 May 1993, it was reported that the Israeli authorities had notified all bus company owners in the West Bank of the prohibition to operate transport lines to Jerusalem. Many bus companies suffered heavy losses because of the ban. In a separate development, Palestinian workers from villages located north-west of Jerusalem stated that the Israeli authorities had lied when they claimed that a large number of work permits had been issued to them. (Al-Tali'ah, 5 May 1993; Al-Fajr, 17 May 1993)

598. On 7 May 1993, it was reported that Brigadier General Gadi Zohar, the head of Civil Administration in the territories, indicated that the military administration in the territories would use its development budget for the rest of 1993 - which amounts to approximately $59 million - to try to create between 15,000 and 20,000 jobs for Palestinian labourers. He noted that 2,000 to 3,000 unemployed persons were already working on 115 job projects ranging from the building of additional school classrooms to road construction. Most of the workers were paid a little over $10 per day, as compared with almost $30, that they would earn for similar work inside the Green Line. (Jerusalem Post, 7 May 1993)

599. On 9 May 1993, it was reported that UNRWA had begun food distribution to 18,000 families in the refugee camps of the West Bank, who were affected by the closure of the territories. (Ha'aretz, 9 May 1993; this information has also been referred to in Al-Fajr, 10 May 1993)

600. On 11 May 1993, it was reported that the Israeli authorities claimed that there were no food shortages for the 750,000 residents of Gaza. They stated that people in need could apply to army welfare agencies for help. Meanwhile, two trucks loaded with basic solid foodstuffs and medicines were turned back by the IDF at the Erez checkpoint. The supplies were earmarked for Gazans from the "Hadash" party. (Jerusalem Post, 11 May 1993)

601. On 11 May 1993, the Association of the Arab-Israeli Physicians stated that hundreds of workers who used to work within the Green Line had been deprived of their health insurance since the closure of the occupied territories seven weeks earlier. This measure concerned approximately 30 per cent of the residents of the occupied territories who had health insurance. (Al-Fajr, 17 May 1993)

602. On 12 May 1993, hundreds of refugee camp representatives in the Gaza Strip continued their sit-in at the UNRWA headquarters for the third consecutive day to protest the fact that the relief organization had interrupted food distribution to refugees. (Al-Tali'ah, 13 May 1993)

603. On 13 May 1993, the Civil Administration in the Gaza Strip approved a number of projects involving cement, washing-machine detergent, textile and gas companies. The capital for all the projects amounted to approximately $2.5 million. (Al-Fajr, 17 May 1993)

604. On 14 May 1993, it was reported that Dr. Hazam Shounar, an economist at the An-Najah University in Nablus, had estimated the loss of earnings due to the closure for the population of the territories at some $100 million for the month of April. (Ha'aretz, 14 May 1993)

605. On 17 May 1993, UNRWA began distributing 50 kg of cereals to each of the 2,000 families in the Nuseirat refugee camp, the first emergency food distribution since the beginning of the closure almost eight weeks earlier. UNRWA spokesman Ron Wilinson stated that there were plans to distribute emergency supplies to all 90,000 refugee families by the second week of June. (Jerusalem Post, 18 May 1993)

606. On 24 May 1993, hundreds of Palestinian workers were turned back at the Erez crossing in the Gaza Strip as they proceeded to their workplaces within the Green Line. Workers indicated that the soldiers had confiscated their magnetic cards and their work permits. No explanation was given. Israeli officers reportedly told workers to check with the Civil Administration on 9 August 1993 for an explanation. (Al-Fajr, 31 May 1993)

607. On 31 May 1993, the Federation of Labour Unions in the Gaza Strip held a sit-in to warn against the continuation of the closure which has brought thousands of Palestinian families to the verge of starvation. The Federation stressed that the Israeli authorities were well aware of the critical deterioration of conditions in the Strip as a result of the closure, but have not decided to end the siege. (Al-Fajr, 7 June 1993)

608. On 14 June 1993, sources in the Civil Administration reported that an increasing number of families in the Gaza Strip was asking for help (food etc.) since the beginning of the closure of the territories. (Ha'aretz, 15 June 1993)

609. On 17 June 1993, it was reported that according to information provided by the Civil Administration, some 50,000 residents (10,000 families) of the Gaza Strip were receiving food and financial support from the Civil Administration. Since the beginning of the closure, some 800 additional families had addressed themselves to the Civil Administration for assistance. (Ha'aretz, 17 June 1993)

610. On 17 June 1993, workers from the Gaza Strip complained that obtaining an entry permit did not mean that they could actually reach their place of work. They said that their employers had to pick them up at the border and accompany them back to the crossing point after work. (Al-Tali'ah, 17 June 1993)

611. On 24 June 1993, the PLO-affiliated "Al-Fajr" newspaper, the only English-language outlet in Jerusalem, informed its employees that it was closing down in 30 days due to a financial crisis. The newspaper, based in eastern Jerusalem, published two editions: a daily one in Arabic and weekly one in English and had a circulation of about 2,000. (Ha'aretz, Jerusalem Post, 25 June 1993)

612. On 5 July 1993, Finance Minister Avraham Shohat stated that approximately 60,000 workers from the territories were working daily in Israel. (Ha'aretz, 6 July 1993)

613. On 8 July 1993, military sources reported that some 40,000 workers from the territories were working daily in Israel in the sectors of construction and agriculture. (Ha'aretz, 9 July 1993)

614. On 8 July 1993, it was reported that a black market for permits to work in Israel was flourishing, due to the desperate situation of many Palestinians who were suffering from the closure of the territories. A work permit valid for three months costs approximately 800 shekels. (Al-Tali'ah, 8 July 1993)

615. On 8 July 1993, Moshe Amiraf, a member of the West Jerusalem Municipal Council, reportedly declared that according to preliminary estimates, the residents of East Jerusalem paid 20 million shekels in taxes while, in return, benefiting from services amounting to 10 million shekels only. Amiraf added that there was a clear policy of the Jerusalem municipality not to disclose the amount of taxes collected from the residents of East Jerusalem. (Al-Tali'ah, 8 July 1993)

616. On 15 July 1993, Israeli police and border guards arrested almost 500 Palestinians who were in Israel without permits. The persons who were arrested were forced to pay a fine of between $250 and $450 before they were handed over to the Israeli Civil Administration in their respective areas of residence. (Al-Fajr, 19 July 1993; Al-Tali'ah, 22 July 1993)

617. On 25 July 1993, it was reported that four months after the closure of the territories, about 22,000 Palestinians were employed in the cleaning of streets, digging of roads and painting of the stones marking the curb in the territories. Thirteen thousand were working in Gaza, out of a total of 40,000 Gazans who used to have permits to work in Israel before the closure. Approximately 47,000 Palestinians have permits to work in Israel, as compared to 60,000 persons who worked legally in Israel before the closure. Almost 2,000 Gazans were working on the construction of three new elementary schools in Khan Younis, Beit Lahiya and Gaza, the construction of new classrooms in existing schools, and the building of the infrastructure of roads leading to the planned industrial zones in Beit Hanoun, Deir el-Balah and Khan Younis. (Jerusalem Post, 25 July 1993)

618. On 5 August 1993, Doctor Ron Lubel, officer belonging to the health staff in the Civil Administration in Gaza, reported to the Minister of Health Haim Ramon, during his visit to the Gaza Civil Administration that the infant mortality in the Gaza district had declined from 76 deaths for 1,000 births in 1978 to 33 deaths for 1,000 births during the first three months of 1993. The decrease was due to the improvement in health education among the population. Child health care up to the age of three was also provided free of charge by the Civil Administration. Lubel also reported that some 14 doctors from hospitals in Shifa and Khan Younis were currently being trained in the administration of narcosis and in intensive care in a number of hospitals in Israel. (Ha'aretz, 6 August 1993)

619. On 5 August 1993, it was reported that several Arab workers from Al Dhahiriya village had been beaten by IDF soldiers when they were caught trying to cross the Green Line in order to find work in Israel. (Al-Tali'ah, 12 August 1993)

620. On 15 August 1993, it was reported that, according to municipal sources, Arab businessmen in eastern Jerusalem had been promised a reduction of up to 50 per cent in property tax rates (arnona) by the City Hall with a view to compensate for the losses incurred during the uprising. An agreement, which was reached a week earlier, apparently put an end to the protracted conflict over property tax rates between the owners, who were adversely affected by the Palestinian uprising, and the municipal authorities. (Jerusalem Post, 15 August 1993)

621. On 18 August 1993, it was reported that during the last weeks the electricity had been cut off in several neighbourhoods of Gaza City and in the north of the Gaza Strip, leaving thousands of families without an electricity supply; and in many cases also without water. The electricity had been cut off by the Electricity Company with the authorization of the Civil Administration, without taking into account whether the residents had paid their electricity bills or not. The factories and workshops cited in the areas above suffered economic loss due to electricity cuts. Numerous residents have reportedly not paid their electricity bills since the Gulf War. At the same time, the authorities had estimated that approximately 40 per cent of the electricity consumed in these areas was currently stolen through illegally connected lines. (Ha'aretz, 18 August 1993)

622. On 22 August 1993, the Cabinet approved approximately $16 million in funds for the employment of 15,000 workers from Gaza for three months. The workers would be employed in local public works projects. The funding would come from a 0.27 per cent across-the-board cut out of ministries' purchases and transfer payments which were not mandated by law as well as from the Civil Administration's budget. Ministries would contribute approximately $9.5 million for the programme, while the Civil Administration would add the approximately remaining $6.5 million. The Cabinet also agreed that the Civil Administration fund public works in the territories. (Jerusalem Post, 23 August 1993)

623. On 22 August 1993, it was reported that a new government policy would enable some 6,000 family members who had received renewable six-month visitors permits over the last three years, to convert them into permanent residency visas. Exceptions would concern security objections in specific cases. The policy would more than double the number of permanent residency visas issued annually to the families of territories residents, amounting to 2,000 per residents' spouses. So far, marriage was generally not considered as a sufficient reason for obtaining a residency permit. (Ha'aretz, Jerusalem Post, 23 August 1993).

(e) Other developments

Written information 20/

624. On 14 April 1993, hundreds of border policemen sealed off Jerusalem's Ras el-Amud neighbourhood and conducted house-to-house searches for youths wanted for their involvement in disturbances. They were accompanied by bailiffs in search of tax debtors. Eleven youths who were suspected of taking part in disturbance and seven residents with outstanding income tax dues were detained. (Ha'aretz, Jerusalem Post, 15 April 1993)

625. On 3 July 1993, a border patrol unit fired three tear-gas canisters at the house of peace delegate Sa'eb Erekat in Jericho. Erekat was in Washington at the time of the attack. (Al-Fajr, 12 July 1993)

2. Measures affecting certain fundamental freedoms

(a) Freedom of movement

Oral evidence

626. Mr. Rizk Hussein Chkeir Maraabi provided the Special Committee with an account of the restrictions on the right to the freedom of movement in the occupied territories from a historical perspective:

"Regarding the closing and the cantonization of the territories, I would like to look at it also from the point of view of legislation and military orders. Since the very first day of the occupation of the territories, a military order was issued (bearing the number one in Gaza and the number five in the West Bank) declaring both regions to be closed military areas which no one can enter and which nobody can leave without an authorization. ... Later on, the Israelis issued a general permit which allowed all Palestinians in the occupied territories to enter Israel. However, this general permit was suspended on specific occasions, for special feasts and special celebrations, when nobody was allowed to enter Israel or Jerusalem. In 1989, the authorities adopted military order 1269 which deals with the registration of inhabitants and identity cards and allows the military commander to issue a special identity card whose holders are not allowed to enter Israel. This is the so-called 'green card'. In pra

ctice, it means that the holder of a green card has been excluded from the general permit. Or, in other words, the general permit was still in force except for all holders of green cards. This happened, as I said, at the beginning of 1989. In May 1989, the general permit was suspended in the Gaza Strip and the so-called 'magnetic card' was introduced. Anyone who wanted to enter Israel had to get this 'magnetic card' to be able to enter the country. Shortly thereafter, it also became necessary to get a permit to move between the Gaza Strip and the West Bank. With the beginning of the Gulf War in January 1991, the general permit was totally suspended and one went back to the procedure of special permits. This is not something new and this did not start just last month.

"What happened at the end of last March is that the Israeli authorities put more constraints and more restrictions on the movement of the Palestinian population. Right at the beginning, they prevented all Palestinians, even those carrying a special permit, to enter Jerusalem or the occupied territories. No movement at all was allowed. One week later, they gave permits to enter Israel to a very limited number of workers, especially to those employed in agriculture and, more specifically, on the rose plantations, of course, on the basis of their own economic interests (because roses need a lot of manual work and they wanted to carry on with their export of roses). Every few days, the number of Palestinians allowed to enter Israel increased. However, Rabin said a few days ago that 25,000 would be the limit of the number of Palestinians allowed to work in Israel. This is a very small number.

"Summing up, I would therefore say that the Israelis refer to Samaria as the northern part of the West Bank, Judea as the southern part of the West Bank. Then, there is Jerusalem and there is Gaza. And while permits were needed all these years, now the rules have been made more stringent, so that movement is virtually impossible." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

627. Another witness gave the following account of the restrictions on the right to the freedom of movement as a result of the closure of the occupied territories:

"Owing to the blockade, the West Bank and Gaza are divided now in fact into four cantons and access from one to the other canton is almost impossible, except for those who can get permits to cross Jerusalem. This is because between the north and the south of the West Bank you have the Jerusalem area in the middle and the Israelis claim that the Jerusalem area is an Israeli area. So, to go from the north to the south, you have to go into Jerusalem, and to enter Jerusalem you have to have a permit. There is only one road. Well, there are back roads, of course, but if you take them you not only ruin your tyres but you run the risk of going into prison and you have to pay fines." (Anonymous witness No. 6, A/AC.145/RT.608)

628. Mr. Riyad H. Al Khoudary described the procedures involved in travelling in the occupied territories and abroad:

"As an example, if I wanted to go from Gaza to the West Bank or to Jerusalem, I would need three different permits. The first is the magnetic card to indicate that I have paid all taxes which are due. It can be checked at the control point when I leave Gaza for Israel. The other document is a computer paper stating the number of my identity card and the date when I am allowed to go through Israel. Sometimes, it is only for one day. ... Therefore, the division of the occupied Palestinian territories into several areas is also against our rights, because, like any other nation, we would like to have the right to visit our relatives, to go to Jerusalem, to go to any place in the West Bank without restrictions.

"I think that the bad intention is to let the people suffer. We are like in a prison. We are like in a prison, because, now, somebody in Gaza cannot go to the West Bank, somebody in the West Bank cannot go to Jerusalem. Only Palestinians living in Jerusalem and having the Israeli identity card can go to the territories, but not vice versa. There is also the suffering of the people who used to work in Israel and who cannot go there any more, except the workers who are chosen by the Israeli authorities." (Mr. Riyad H. Al Khoudary, witness No. 13, A/AC.145/RT.610)

629. Mr. Chaker Joudeh, the head of the Syndicate of Agronomists in the occupied territories, informed the Special Committee how elections at the Syndicate have been impeded by restrictions on the right to the freedom of movement between different parts of the occupied territories:

"The Syndicate of Agronomists has 756 members. Its headquarters are in Jerusalem. We are now unable to reach the headquarters of the syndicate because Israel has annexed Jerusalem, and consequently, we are being banned from entering Jerusalem. Therefore, we are no longer able to carry out our task towards our members. In the syndicate, people are elected every two years and we are now supposed to be preparing for elections that should take place in July 1993. In accordance with the statutes of the syndicate, all agronomists in the occupied territories are supposed to meet at headquarters in Jerusalem in order to elect a new board. However, under the present circumstances, all residents of the West Bank are banned from entering Jerusalem. So, we have not been able so far to prepare for these elections." (Mr. Chaker Joudeh, witness No. 9, A/AC.145/RT.609)

630. Mr. Samir Othmar Huleileh, the director of the Economic Development Group, illustrated how the restrictions on the freedom of movement affected enterprises:

"The problem we are having at this moment is the fact that we are established and registered in Jerusalem but that most of our employees come from the West Bank or Gaza, like also most of our Board members, who are the ones to decide. Most of our clients come from the West Bank and Gaza also. All of them, employees, Board members and clients, cannot now come to Jerusalem to our offices." (Mr. Samir Othmar Huleileh, witness No. 18, A/AC.145/RT.612)

631. Another witness informed the Special Committee that not even the dead are spared certain bureaucratic steps affecting the right to the freedom of movement:

"In addition to this, even dead people suffer as a result of the lengthy bureaucratic steps needed to obtain the permit to bury them. I will give you as an example the case of Iyad Naim Khassib, from Qassin. He had a heart disease and was taken to the Hadassah Hospital, where he died. His family was not able to get the permit allowing the transfer of his body. They had to transport the body in an ambulance to Al Ra'ama. There, but on the other side of the Line, a private car was waiting for them and they used it to transport the body to their village." (Anonymous witness No. 17, A/AC.145/RT.611/Add.1)

632. A witness who testified before the Special Committee spoke of both the physical and bureaucratic restrictions on the freedom of movement in the occupied territories:

"The roadblocks in Gaza have become a daily obstruction to our lives, a daily harassment. Particularly the young people are humiliated when they are stopped at the roadblocks. They make them lie down on the ground, they hit them with their feet, they insult them.

"The main problem is the bureaucratic problem of getting the permits. I have three permits, one to circulate because there is a curfew, the second to come to Amman and the third permit, the Erez permit, to cross the Green Line and go into Israel." (Anonymous witness No. 23, A/AC.145/RT.613/Add.1)

633. Mr. Chkeir elaborated in particular about the effects of the restrictions on the freedom of movement to and from Jerusalem on all aspects of life in the occupied territories:

"As for Jerusalem, everybody knows that it has been annexed in an illegal way and that it is considered by the Israelis to be part of Israel. Therefore, it is also necessary to get a permit to enter Jerusalem. In 1971, the Israeli authorities allowed the Muslims to enter Jerusalem on Fridays without a permit, as it allowed the Christians to enter Jerusalem on Sundays without a permit. Also, the authorities have allowed transit through Jerusalem, that is to say transit without stopping. As you know, Jerusalem is in the middle of the West Bank and it is therefore a place of transit for many people going to the north from the south or vice versa.

"The Palestinian community in the West Bank is a well integrated community. It is one unit, socially and economically, and also as far as culture is concerned. We cannot do without each other and Jerusalem constitutes the very essential part of life in the occupied territories because it is the centre of basic and vital services for the Palestinian community. At the religious level, it is the place of holy sites both for Muslims and for Christians. Neither the Muslims nor the Christians can go to Jerusalem for worship. If they want to go to Jerusalem, they need a special permit. Thousands of people would like to go there but the obtaining of the permit is very difficult. It requires many days to get the permit to go for just one day. Every day one has to wait from the morning until the evening to obtain the permit and then this permit is for a period of one or two days." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

634. A witness who testified before the Special Committee spoke about the restrictions on the freedom of movement in the occupied territories:

"I live in Jerusalem and work in the West Bank. I drive a car licensed in the West Bank. I am allowed into Jerusalem because I have a Jerusalem identity card, but my car, having plates from the West Bank, cannot go through. I am told that I can get in, but my car has to stay out! This is another factor limiting our movements.

"I'll give you another example. My sons are abroad. Every year, I have to have them come from abroad to the West Bank, three of them, and I have to pay large sums of money so that they do not lose their identity cards. Because the Israelis do not allow them to stay abroad more than one year, I have to pay a lot of money for them to keep their identity cards. Normally if they stay abroad longer, they lose their card. One of my sons lost that privilege already.

"We have been in Palestine 800 years and if we are one day late in renewing the identity card, we lose the right to reside in our own land. This is also an aspect of practices regarding human rights, not only towards my family, but towards many Palestinian families living in the occupied areas." (Anonymous witness No. 5, A/AC.145/RT.608)

635. Mr. Rizk Hussein Chkeir Maraabi of the Al Haq Institute explained to the Special Committee how military orders defined, for example the relationship between a mother and her child as well as the issuing of identity cards and citizen registration cards in the occupied territories, which has a direct bearing on the freedom of movement of their population:

"Order 1208 deals with identity cards and citizen registration cards. This military order defines the relationship between the newly-born child and his mother. The child of a resident mother only is considered a resident of the occupied territories. If the mother is not considered a resident and does not carry an identity card, although the father is a resident and has an identity card, the child will not be considered as a resident of the occupied territories. Also, even if the mother and the father are residents of the occupied territories, if the child was born outside the territories, it will not automatically be considered as a resident and the parents will have to register him with the competent authorities within a period of five years. Even if both parents are residents and the child was born in the occupied territories, he will not be considered as a resident if he has not been registered within the first 16 years of his life, even if he has never left the territories during this period.

"Now, from an Israeli legal point of view, Palestinians in the occupied territories are not citizens of the occupied territories. They are residents. There is a difference, a big difference between a citizen and a resident. To be a resident means to be a stranger, to be a foreigner. A resident lives in a country which is not his own. It is well known that the right of residence is linked with various conditions and regulations and if the resident does not fulfil these conditions and regulations, he will lose the status of resident. So, we in the occupied territories are residents according to specific and defined terms.

"To give you an example, if I travel outside the occupied territories and remain abroad for more than a period of six years, I lose the status of resident and I am not allowed to go back. I lose the right of living in the occupied territories.

"So, we do not have the absolute right to permanently reside in the occupied territories." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

636. Ms. Jessica Bonn of B'tselem provided the following information concerning family reunification:

"There is another matter that I would like to mention, if I may, and that is the subject of family reunification and visitors permits. As you are aware, many of the residents of the occupied territories are not entitled to residency status.

"In the middle of 1992, the Government stated that Palestinian non-residents of the occupied territories who arrived by that date would not be deported, but that no arrangement was made for those who arrived after that date. In addition, just last week, an announcement was made that permits would be distributed to an additional 5,000 families, although this has not been put into effect yet. Even though these arrangements have been made for those who arrived in the occupied territories by 1992, there are people whom the arrangement does not cover and that includes those arrived after the date or those who arrived before the date of the decision, but had their permit issued in East Jerusalem, because the Government only recognizes those permits that were issued in the West Bank and in the Gaza Strip. I will conclude this section by saying that, even though a large number of Palestinian non-residents have now been given permission to have visitors' permits and to renew them without leaving the country (as

was the former procedure), no permanent arrangement has been made for these people. So, even if they don't have to leave the country to renew their permits, they still must renew them every three to six months." (Ms. Jessica Bonn, witness No. 35, A/AC.145/RT.616)

637. Testimonies referring to the restrictions on the right to freedom of movement may be found in documents A/AC.145/RT.608 (anonymous witnesses), A/AC.145/RT.609 (Mr. Chaker Joudeh), A/AC.145/RT.609 (Mr. Rizk Hussein Chkeir Maraabi), A/AC.145/RT.609 (Mr. Samir Abdallah Saleh), A/AC.145/RT.610 (Mr. Riyad H. Al Khoudary), A/AC.145/RT.611/Add.1 (anonymous witness), A/AC.145/RT.612 (Mr. Samir Othmar Huleileh), A/AC.145/RT.612/Add.1 (anonymous witness), A/AC.145/RT.613/Add.1 (anonymous witness), A/AC.145/RT.616 (Ms. Jessica Bonn).

Written information 21/

638. On 1 April 1993, during a meeting on internal security, Police Minister Moshe Shahal informed the Knesset Interior Committee of the Government's decision to ban Palestinians from driving private vehicles inside the Green Line. (Jerusalem Post, 2 April 1993)

639. On 7 April 1993, it was reported that in addition to a number of agricultural labourers the following Palestinians would also be allowed to cross the Green Line during the closure of the territories: taxi, truck and ambulances drivers; members of the Palestinian delegation to the peace talks; lawyers appealing in court or visiting prisoners, doctors from hospitals in eastern Jerusalem and sick persons requiring medical treatment. Several lists containing the names of some 500 doctors who worked in Jerusalem were drawn up by areas of residence and sent by the Health Branch Officer to the Regional Civil Administration offices for approval. (Ha'aretz, Jerusalem Post, 7 April 1993; this information has also been referred to in Al-Fajr, 12 April 1993)

640. On 7 April 1993, it was reported that the residents of the West Bank allowed to enter Israel and East Jerusalem would do so only through eight fixed checkpoints instead of the 15O which had been available before the closure. (Ha'aretz, 7 April 1993; this information has also been referred to in Al-Fajr, 12 April 1993)

641. On 12 April 1993, according to the latest Israeli measures, special passes would be given to only 70,000 out of the original 115,000 Gazans who were employed inside Israel. Israeli security sources stressed, however, that passes to Gazans would be issued gradually. An initial 25,000 passes would be issued immediately after the closure of the territories was lifted. Unlike before, the duration of the permits obtained by workers from the West Bank would be reduced from three months to less than two months. The validity of the passes obtained by the workers from Gaza would be reduced from two months to one month. (Al-Fajr, 12 April 1993)

642. On 12 April 1993, it was reported that the Civil Administration authorities had denied the residents of Anata, a village located north-east of Jerusalem, permits to transit straight to Ramallah. They told applicants that they could take the roundabout road via Jericho, which added a full hour to a trip that normally took 15 minutes. Travel within the Gaza Strip has also become an ordeal since the closure order on account of military checkpoints. (Al-Fajr, 19 April 1993)

643. On 14 April 1993, villagers from Abu Dis and Eizariya stated that the closure had cut them off from work and access to shops and other services in Jerusalem. They indicated that the closure had made it difficult to drive to Bethlehem and other towns south of Jerusalem to which they normally travelled by roads passing through the eastern part of the city. (Jerusalem Post, 15 April 1993)

644. On 18 April 1993, the Cabinet extended the closure of the territories for the third consecutive week. The only concession made was to grant free entry to Israel to Palestinian traders aged over 50, once they obtain a security clearance. It remained unclear how many Palestinians would be concerned by the measure. (Jerusalem Post, 19 April 1993)

645. On 21 April 1993, according to senior police officials, plans have been finalized to limit considerably the movements of Palestinians inside Israel once the closure is lifted. The plans, aimed at ensuring a "maximum of separation between Israelis and Palestinians" have been submitted to Prime Minister Yitzhak Rabin for consideration. The officials indicated that the Palestinians whose number would be limited to about 40,000 workers would be granted permits to enter Israel would have a strict limitation imposed with regard to the number of hours they would be permitted to remain inside the Green Line and they would have to return to the territories immediately after work. The police also recommended that Palestinians not be allowed to cross the Green Line in private vehicles but would have to take instead buses, taxis, and other means of public transportation. (Jerusalem Post, 21 April 1993; this information has also been referred to in Al-Tali'ah, 22 April 1993)

646. On 21 April 1993, Civil Administration sources indicated that a shuttle bus service running between Beit Sahur and Ramallah was to start commuting every half hour beginning at 6.30 a.m. on 22 April 1993. Doctors, however, would be allowed into Jerusalem around the clock. These measures were taken in order to ease the plight of Palestinians who said that towns and villages north and south of Jerusalem were cut off from one another because all routes went through Jerusalem, which was closed to them. The special buses, which would go in both directions, were to pass through but not stop in Jerusalem. According to the military order allowing for the shuttle service, the bus company and/or its drivers would be held responsible if they were to stop between two towns and let a passenger leave. (This information has also been referred to in Al-Tali'ah, 22 April 1993; Al-Fajr, 26 April 1993) Additional measures to ease the problems posed by the cutting off of Jerusalem from the territories included lifti

ng the ban on doctors from outside Jerusalem who needed to enter the city after 7 p.m. The doctors whose names appeared on a list provided by Palestinian medical authorities would be allowed to enter Jerusalem any time in vehicles registered with the Civil Administration, and they would be permitted to stay in the city overnight. Businessmen who work in Jerusalem but live in the territories could also apply for permits to enter the city; only five such permits have been processed so far. (Jerusalem Post, 22 April 1993)

647. On 29 April 1993, officials in the Prime Minister's office stated that the status of 5,000 members of divided Palestinian families who were already residing in the territories was to be made permanent. Other Palestinians from abroad would not be allowed to immigrate, however. A senior official stated that the family reunification arrangement would affect spouses and children under 18. The official refused to provide additional details. Nevertheless, it was thought that the decision would affect Palestinians who were married before September 1992 and were currently living in the territories. (Jerusalem Post, 30 April 1993)

648. On 3 May 1993, according to the Israeli daily Hadashot, the Israeli Government was to facilitate travel to Jordan for Palestinian youths from the occupied territories. The measure was meant to be one of the "goodwill gestures" to go into effect with the resumption of the Washington talks. So far, Palestinians between the ages of 16 and 35 had to remain abroad for a period of nine months before they were allowed to return after leaving through the Jordanian bridges. This rule would now be applied only to Palestinians between the ages of 16 and 25. (Al-Fajr, 10 May 1993)

649. On 5 May 1993, villagers from Beit Kahel (5 km west of Hebron) had been prevented for two weeks from reaching their land and working on it. Since the closure of the occupied territories on 31 March 1993, a military checkpoint had been erected and villagers were now asked to show an entry visa in order to reach their land which is located at a distance of less than 1 kilometre from the Green Line. The villagers complained that they would suffer heavy losses. The Israeli authorities claimed that the land was State land. The case was still pending before military courts. (Al-Tali'ah, 5 May 1993)

650. On 9 May 1993, the Civil Administration has decided to grant permits to all West Bank lawyers to travel to Jerusalem and throughout the West Bank for three months. The trials of many Palestinian detainees had to be postponed because of the closure which prevented lawyers from travelling to Jerusalem. West Bank traders were also to be granted permits to travel to Israel, provided that they obtained a permit from the Chamber of Commerce in their area proving that they were businessmen. (Al-Fajr, 17 May 1993)

651. On 11 May 1993, the Human Rights Organization Al Haq has been asked by a family from Ramallah to inquire into the circumstances that led to the death of one of its members. Abdul Aziz Nubani was denied permission to go to Makassed Hospital in Jerusalem although he had attached to his application a medical report showing his deteriorating state of health. Nubani, who was 95 years of age, died two days later. (Al-Fajr, 17 May 1993)

652. On 21 May 1993, it was reported that since the beginning of June, buses would take registered workers from the border directly to building sites throughout the country. Armed guards posted on each bus would see to it that none of the workers "dropped out" along the way (this information has also been referred to in Al-Tali'ah, 20 May 1993). The plan was elaborated when it appeared that out of the 19,700 work permits issued to Palestinians to enter Israel daily, only 9,000 had actually arrived at the construction sites. The rest of the permits reportedly turned up at unregistered building sites or other places of employment. (Jerusalem Post, 21 May 1993)

653. On 23 May 1993, it was reported that Palestinians boycotted massively the Civil Administration's latest effort made in April to ease the effects of the closure by allowing buses to drive through Jerusalem. The special lines were discontinued by the authorities only days after they were launched because of the boycott. (Jerusalem Post, 23 May 1993)

654. On 17 June 1993, it was reported that 70 Israelis convicted of smuggling agricultural goods from the Gaza district have been prohibited from entering the area. (Jerusalem Post, 17 June 1993)

655. On 17 June 1993, it was reported that two wanted gunmen from the Gaza Strip, who are members of Hamas, Ashraf (al-) Hamaida and Yasser Adal (al-) Khatib, managed to cross the border into Jordan because Civil Administration officials had given them travel permits by mistake. (Ha'aretz, Jerusalem Post, 17 June 1993)

656. On 20 June 1993, the Israeli Government decided to allow Palestinians aged over 50 to travel to areas inside the Green Line without a permit. On 22 June, a spokesman for the Israeli Defence Ministry stated that the implementation of the Government's decision was being studied. The decision was taken in order to slightly ease the closure. (Al-Fajr, 28 June 1993)

657. On 22 June 1993, the Israeli authorities informed Walid Zakut, a peace delegate to the Multilateral Conference on Refugees, that he had been barred from travelling from his home in the Gaza Strip to the West Bank for three months. No further explanation was provided. (Al-Fajr, 28 June 1993)

658. On 18 July 1993, Israeli Radio announced that the residents of the West Bank and the Gaza Strip who were over 25 years of age could now travel without a special permit from the Civil Administration allowing them to return to the occupied territories within a period of nine months. The new measure was valid as of 18 July 1993. (Al-Fajr, 26 July 1993)

659. On 11 August 1993, it was reported that Hassan Abdel-Rahman, 49, a Washington-based PLO political adviser, was allowed to visit his home village of Surda in the northern West Bank. Abdel-Rahman had reportedly been granted entry on humanitarian grounds (illness and death of his mother), as part of a policy of easing restrictions concerning family visits. This was the first time that Abdel-Rahman had been to Surda since 1964, when he left to study in the United States. (Jerusalem Post, 11 August 1993)

(b) Freedom of education

Oral evidence

660. Mr. Riyad H. Al Khoudary, the president of the Al Azhar University in Gaza, informed the Special Committee about the effects of the uprising on university students:

"If the students express themselves on certain occasions, you find that Israeli soldiers come, surround the area and try to provoke the students, who are easily provoked. Then, the soldiers start to shoot, the institution is closed, for one week maybe or for longer. Since the beginning of the intifadah, you know yourselves how long the universities have been closed." (Mr. Riyad H. Al Khoudary, witness No. 13, A/AC.145/RT.610)

661. The Special Committee has continued to receive testimony concerning the conditions prevailing in educational institutions, in particular since the beginning of the popular uprising. A teacher from the Gaza Strip stated the following in this connection:

"As far as the timetable of the students is concerned, of course it is greatly affected by the conditions prevailing in the Gaza Strip, in terms of the sufferings due to the activities of the occupation authorities, like the storming of schools, the use of tear-gas and other measures, and also in terms of school strikes.

"Secondly, pupils are being harassed. The Israeli soldiers storm schools and use tear-gas. Also, because there are strikes and curfews lasting for long periods of time, the benefit of education becomes even more limited. Strikes do happen in Gaza. There are demonstrations. And there are acts of provocation on the part of the Israeli authorities, so students go out and demonstrate. The result of it all is that the children do not benefit from education. They do not receive education in the right manner. They have limited school hours and get only a limited cultural content, unlike other school children outside the Gaza Strip who get many more school hours. I think that there are shortcomings in the education system in Gaza and, of course, it has got its effect on the future of the children. The children suffer and the teachers suffer because of these conditions.

"Of course, there has been a very significant deterioration in the educational level and also in the actual structure of the schools, for the reasons I have already mentioned, but also because there is no psychological stability for the children to enable them to continue studying. The conditions prevailing in the Gaza Strip are abnormal, the intifadah, the resistance against the occupation, and hence at school we also experience abnormal conditions. The students suffer from this.

"As far as the schools themselves are concerned, I had hoped that you could visit the Gaza Strip and see for yourselves the state they are in, what the schools look like, in terms of the buildings, of the classrooms, of the equipment. The students do suffer. The teaching places are not appropriate. Most of the locations are not appropriate either. The classrooms are too small and are overcrowded with 50 to 70 pupils, and even more. All these factors make it very difficult for the teachers to undertake their duty of teaching towards their pupils. As a teacher, I cannot teach 50 students at the same time, also taking into consideration all the other elements I have mentioned. I cannot do that. All human beings have got their limitations and my limitations stand at the limit of 20 to 30 students in a classroom. If you have 50 or more students in a classroom, it will have an effect on the teaching. It is just impossible to teach so many students at the same time, it is impossible to pay attention to

all of them. On top of that the buildings, the classrooms, the equipment, all of this is inadequate.

"To give you an example, in most cases the classrooms are very small, especially in the government schools, and you have a problem of overcrowding. Also there is no recreation area, no playground. Physical education can hardly be taken into consideration and there is maybe only one hour or two hours a week for physical education. The location of the schools is another problem. Very often, schools are very distant from the places where the pupils live.

"Also because very often the schools are not in appropriate locations for schooling, the pupils do not have the right feeling towards school and they do not commit themselves to the process of education." (Mr. Riyad Mohamad Ali Abu Rahma, witness No. 1, A/AC.145/RT.607)

662. Mr. Riyad H. Al Khoudary, the president of Al Azhar University in Gaza provided the Special Committee with the following description of the conditions of education in the occupied territories:

"Regarding the sector of education, I would like to say that the number of schools has remained the same. Maybe one or two new schools have been built. The teaching time is from 7 a.m. until 11.30 a.m. for the first group of children and from 12 to 4 p.m. for the second group because of overcrowding in schools. It means that there are two shifts in the schools. I was educated in Germany. I noticed that children in Europe go to school from 7 o'clock in the morning until 4 o'clock in the afternoon. This way, you get well educated children. This is a right we do not have. As a governing force or occupying force, the Israelis, I think, must be obliged to provide enough schools for the children, so that pupils are given their full right and have a complete teaching day, and not just three or four hours of teaching per day and then they go home and that's it.

"The schools in the occupied territories are under the supervision of the Civil Administration. If you visit them, you will never find laboratories for physics, chemistry or biology, although they are supposed to be there. Our pupils study physics, chemistry and biology only from their books. They do not have the opportunity to visit a laboratory, to see the equipment, to make any experiments. Schools do not have libraries, either. I do think that all this is against human rights because we must be treated equally, like other people in the world." (Mr. Riyad H. Al Khoudary, witness No. 13, A/AC.145/RT.610)

663. One witness who testified before the Special Committee spoke of the effects of the closure of the territories on the restrictions on the freedom of movement of students and its bearing on the right to the freedom of education:

"At the same time, the students in our vocational training centre come from all parts of the West Bank and during the last period of siege, they were not able to report to the school because they were not given the necessary permits to cross Jerusalem and come to Jericho, and they could not attend classes. Since 30 March 1993, some of them have not been able to report to the school at all. This is also a constraint we are faced with." (Anonymous witness No. 5, A/AC.145/RT.608)

664. Another witness told the Special Committee about the situation in which children whose parents are residents of different localities find themselves, in particular as regards their right to receive an education:

"The kids, because they don't have a legal residence, are not registered in Jordan and therefore, they are not allowed to go into Jordanian schools. This is becoming a problem with our eldest son, who is of school age. They are not allowed in school in the occupied territories either.

"We are caught between the devil and the deep blue sea, because in Jordan, as far as the Jordanians are concerned, the children are legally attached to the father. In the occupied territories, it is the exact opposite, the children are legally attached to their mother. The mother is Jordanian and lives in Amman. As far as the Jordanians are concerned, her children should belong to the father in the camp in the West Bank. As far as the Israelis are concerned, the children should belong to her, in Amman." (Anonymous witness No. 24, A/AC.145/RT.613/Add.1)

665. Testimonies on the restrictions to the right to freedom of education may be found in documents A/AC.145/RT.607 (Mr. Riyad Mohamad Ali Abu Rahma), A/AC.145/RT.608 (Anonymous witness), A/AC.145/RT.610 (Mr. Riyad H. Al Khoudary), A/AC.145/RT.613/Add.1 (Anonymous witness).

Written information 22/

666. On 5 April 1993, the Hashimiya Secondary School for Boys in el-Bireh, in the Ramallah area, was ordered closed for two weeks following protests by students. (Al-Fajr, 12 April 1993)

667. On 8 June 1993, it was reported that the Civil Administration had refused to renew the special permits of 10 students from Rafah, in the Gaza Strip, thereby preventing them from reaching their universities in the West Bank. (Al-Fajr, 14 June 1993)

(c) Freedom of religion

Oral evidence

668. A witness informed the Special Committee about the restrictions on the right to worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes, as stipulated in article 6 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief:

"Our family has been in Palestine for 800 years and we lived just outside the Jerusalem walls, where we had our family quarter, with our houses, our mosque and our cemetery. Our mosque has been turned into a synagogue and we are not allowed to bury our people in our own cemetery. Of course, we have been driven out of these houses and they put religious people in them. When we want to go there and visit, we have to have a special permission from the Ministry for Religious Affairs allowing us to enter our own mosque, which we had founded some 400 years ago." (Anonymous witness No. 5, A/AC.145/RT.608)

669. Mr. Jad Elias Ishaq informed the Special Committee about the restrictions on the exercise of the right to freedom of religion in the occupied territories:

"There is another question which I would like to raise and which is very important to me. This is the question of praying. During the Ottoman times, during the British mandate, during the Jordanian times, access to Jerusalem was never denied to us. We could always go to the holy places in Jerusalem. Of course, I did not live during the Ottoman time, but I never heard that at that time access was denied to anybody. But now during Israeli occupation, to go and pray in Jerusalem is becoming a problem. In this regard, I would like to tell you a true story. I am a Greek Orthodox. Easter for us was on 18 April of this month. Good Friday was on 16 April. About 200 of us from the Bethlehem region, Christians and Muslims, decided to try and go to Jerusalem. The Muslims would go and pray in the Al Aqsa Mosque and Christians would go to the Holy Sepulchre. We tried to go and enter, but we were stopped at the checkpoint near Gilo and were refused entry into Jerusalem. We were tear-gassed. There was a TV

crew with us whose cameras were taken away and destroyed. We then tried at another checkpoint on Saturday. In the Oriental church, Saturday afternoon is very important because it is when the resurrection starts and people usually go to the Holy Sepulchre. They have lights and there are processions in each village or city where there are Christian communities. We were not allowed to get candles. Again, we were tear-gassed and beaten. Five of us were arrested at the checkpoint.

"In Beit Sahour we have more than one church. Usually, we go and practise our prayers on Sundays and Fridays. Normally, we have the freedom to go to our churches. However, during the past year on several occasions on Sundays, we were unable to go and practise our worship. We have problems every time we decide to have a public activity in the church, when for instance a martyr is killed in Beit Sahour and we want to bury him. Traditionally, all people go and express their condolences. Since the beginning of the intifadah, we had five persons killed and each time when we wanted to have a funeral for them, we were not allowed to do so and the city was put under curfew. But not only that. According to our custom, three days after the burial we have another mass. However, each time we wanted to have a mass for the martyrs, a curfew was imposed on the town, so that we were unable to practise our freedom of worship.

"Another example is the following: after the Israelis raided Beit Sahour and closed the city for six weeks running (you will remember this infamous tax raid when the Israelis confiscated something like 3 million dollars worth of goods), we decided to hold a prayer of peace and we invited expatriates and Israelis to join us. If I correctly recall, it was 8 November 1990. Our city of Beit Sahour was put under total closure. Three patriarchs, Latin, Orthodox and Protestant, were not allowed to come. We had also invited our friend the mufti of Jerusalem, Sheikh Saad Eldine Al Alami. It took about two hours before they allowed the expatriates to come and join us in the mass, and two and a half hours before they allowed Sheikh Al Alami to join us as well in this prayer for peace. They refused adamantly to allow any Israeli to come and pray for peace. Therefore, these people had to conduct a prayer outside Beit Sahour at the checkpoint. This was reported in the international press at the time." (Mr. Ja

d Elias Ishaq, witness No. 8, A/AC.145/RT.608/Add.1)

670. One witness who testified before the Special Committee spoke of how Israeli soldiers stormed houses during the month of Ramadan:

"The village has suffered a great deal during these past five years of the intifadah. I have witnessed many incidents, during Ramadan in particular. We wanted to take the meal just before the fast starts, early in the morning before sunrise. There was no electricity and we had candles. We were sitting to eat what we had. It wasn't a cooked meal because we had no produce. Well, the Israelis used to storm in, put out the lights, throw the food on the floor and disrupt our entire life." (Anonymous witness No. 22, A/AC.145/RT.613/Add.1)

671. Testimonies on the restrictions to the right to freedom of religion may be found in documents A/AC.145/RT.608 (Anonymous witness), A/AC.145/RT.608/Add.1 (Mr. Jad Elias Ishaq), A/AC.145/RT.613/Add.1 (Anonymous witness).

Written information 23/

672. On 15 April 1993, the IDF ordered the Al Ain mosque, in el-Bireh (Ramallah area) closed for six months. In a separate development, Christian Orthodox Palestinians demonstrated in front of and prayed at the military barrier at the northern entrance to Jerusalem. A fight broke out when soldiers tried to arrest Rev. George Makhlouf. The march was organized to protest the closure of the territories and the prevention of worshippers from reaching Jerusalem and praying at the holy sites during Easter week. (Al-Fajr, 19 April 1993 and Al-Tali'ah, 22 April 1993)

673. On 16 April 1993, it was reported that the Grand Mufti Sheikh Suleiman Ja'bari, had been prevented from conducting his weekly class and from praying at the Al Aqsa mosque. Sheikh Ja'bari lives in el-Bireh, near Ramallah. (Al-Fajr, 26 April 1993)

674. On 20 April 1993, mosques were reportedly raided in the village of Shuyukh, in the Hebron area. The Israeli authorities alleged that provocative materials were found in one of the mosques. (Al-Fajr, 26 April 1993)

675. On 26 April 1993, IDF soldiers raided a mosque in Duma village in the Nablus region, arresting worshippers, checking their identity cards and confiscating religious books. The Imam of the mosque, Mohammed Hassan, 55, was subsequently summoned to the headquarters of the Civil Administration. (Al-Fajr, 3 May 1993)

676. On 18 May 1993, the Israeli occupation authorities closed down a mosque in Dura, in the Hebron area, for two months. Sheikh Mohammed Katlo was accused of keeping seditious materials in the mosque. (Al-Fajr, 24 May 1993)

677. On 28 May 1993, 37,000 Palestinians held holiday prayers at the Al Aqsa mosque in Jerusalem. Gazans were permitted to attend the prayers on the Temple Mount for the first time since the closure of the territories. (Jerusalem Post, 27, 31 May 1993)

678. On 8 June 1993, the Israeli authorities are reported to have stepped up their campaign against mosques in the West Bank. Six mosques were sealed off during the first week of June: the Old Mosque of Deir Dibwan (Ramallah) as well as the mosques in Jalamous, Ubediyeh (Bethlehem), Iman Ali (Nablus), Jalamous, Kabatiya and Burkin (Jenin). (Al-Fajr, 14 June 1993)

679. On 12 June 1993, two mosques were raided and searched in the villages of Musliya and Yamun, in the Jenin district. (Al-Fajr, 21 June 1993)

680. On 2 July 1993, the Israeli authorities sealed off for three months the Othman Ibn Affan and Ain Misbah mosques in el-Bireh after provocative material was allegedly found on the premises. (Al-Fajr, 12 July 1993)

(d) Freedom of expression

Oral evidence

681. Mr. Rizk Hussein Chkeir Maraabi informed the Special Committee that military orders and legislation also affect the freedom of expression in the occupied territories:

"Military order 101, of 27 August 1967, prohibits any gathering of more than 10 people if such a gathering takes place with a view to discuss a political issue or any topic that could be interpreted as being one. Consequently to that order, other military orders have been issued giving lists of prohibited books and publications." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

682. Testimonies on the restrictions to the right to freedom of expression may be found in document A/AC.145/RT.609 (Mr. Rizk Hussein Chkeir Maraabi)

Written information 24/

683. On 1 April 1993, the Arab Journalists Association (AJA) issued a statement condemning the Israeli closure of the West Bank and its adverse effects on journalists. The statement claimed that the closure was preventing reporters from reaching their workplaces and was a measure aimed to keep Arab journalists quiet. (Al-Fajr, 5 April 1993)

684. On 3 April 1993, East Jerusalem's Arabic daily newspapers published an announcement expressing their "condemnation" and "astonishment" that the Arab Journalists Association had objected to the meeting of Palestinian journalists with Foreign Minister Shimon Peres a week earlier. The condemnation was voiced along the lines that the objections of the AJA constituted "interference in the professional work" of journalists by the AJA Chairman Naim Toubasi. (Jerusalem Post, 4 April 1993; this information has also been referred to in Al-Fajr, 5 April 1993)

685. On 8 April 1993, a group of Palestinian journalists from Ramallah held a demonstration at the checkpoint of the entrance to Jerusalem. They were prevented from entering the city. Soldiers reportedly refused to recognize their international press cards and denied them access to their workplaces. (Al-Fajr, 12 April 1993)

686. On 16 April 1993, Palestinian journalist Ata Oweisat was beaten and his camera broken by Israeli soldiers at a checkpoint near Ram. Oweisat and seven other journalists were covering a march organized by several Palestinian institutions to protest the closure of the occupied territories. (Al-Fajr, 26 April 1993)

687. On 24 April 1993, Israeli soldiers are reported to have severely beaten Palestinian journalist Majdi Arabid, a WTN cameraman, while he was filming confrontations with troops at the Shati' refugee camp. (Al-Fajr, 3 May 1993)

688. On 29 April 1993, it was reported that verbal and physical abuse, detention, arbitrary restrictions and unnecessary censorship were among the charges levelled at Israeli authorities in the 1992 annual report of the "Reporters Sans Frontières", a French-based organization which monitors relations between the press and States throughout the world. According to the report, Israel has the highest incident of detentions and arrests of and clashes with journalists in the democratic world. A whole chapter was devoted to the country and the territories. Complaints against the Israeli Government and the IDF included the establishing of restricted areas and military censorship. The report also cited incidents in which reporters and photographers were beaten by soldiers and the border police. According to the Director of the Government Press Office Uri Dromi, the report was one-sided, both misleading and constituted disinformation. (Jerusalem Post, 29 April 1993)

689. On 9 June 1993, the military authorities issued a licence for the publication of a new Palestinian weekly entitled Kul Al Usbu, (The Whole Week). The first issue was expected to appear on 1 July 1993. (Al-Fajr, 14 June 1993)

690. On 16 June 1993, MK Tewfik Ziad asked the Ministry of Defence to allow the distribution of the Arabic weekly Al-Tali'ah, in the West Bank and the Gaza Strip. The weekly has been banned in the occupied territories since 1978. (Al-Tali'ah, 17 June 1993)

691. On 29 June 1993, the Israeli authorities granted a licence for the publication of a new daily to be distributed in Jerusalem and the rest of the West Bank. The paper would be called Al Qabas. (Al-Fajr, 1 July 1993)

692. On 30 June 1993, Judea District Police raided a printing house in Abu Dir near Jerusalem and discovered forged work permits and Civil Administration entry permits that would allow holders to bypass the closure and enter the capital. Police arrested Salim Jalad, 43, the owner of the shop. Additional arrests were expected. (Jerusalem Post, 1 July 1993)

3. Information on settlers' activities affecting the

civilian population

Oral evidence

693. Mr. Ibrahim Khamis Shehada of the Gaza Centre for Rights and Law explained how settlers' activities at times affected Muslim places of worship:

"I would also like to speak on the question of the profanation of mosques. Israeli settlers stormed the Al Akkad Mosque in Khan Younis on 29 March 1993. The mosque was burnt down. On 15 April 1993, the mosque of Al Isslah in the Shejaya district was profaned. On 11 April 1993, the mosque of Al Bureij, called the Great Mosque, was desecrated. On 4 April 1993, people entered the Al Maghazi Mosque." (Mr. Ibrahim Khamis Shehada, witness No. 16, A/AC.145/RT.611)

694. He also explained how legal action was slow even when a settler was involved in a killing:

"I'll give you the example of Lewa Rafik Mohamed Bakron. He was killed by a settler while he was coming back from school. I went to the house where he lived and I understood from his family what had happened exactly. I heard the testimonies of eyewitnesses. I made a sketch of the place and I have asked Lewa's father, Rafik Bakron, to come to the Centre. There, he gave the Director of the Centre, Mr. Raji Al Sourani, a proxy. The proxy is translated into Hebrew and we then start to follow up the case before the competent authorities. In the case of Lewa, the answer came a week later that the body must be exhumed for autopsy. As you will know, the Muslims have a problem with exhuming bodies. But the family agreed to exhume the body and have an autopsy. The case is still before the legal council. The problem here is that the authorities prevaricate, so we have hundreds of cases and we do not receive replies in a speedy manner." (Mr. Ibrahim Khamis Shehada, witness No. 16, A/AC.145/RT.611)

695. Another witness spoke about the lack of action on the part of the Israeli army when settlers attack Arab-owned property:

"Settlers have attacked some of the houses in the vicinity of where I live. We have some kind of bathrooms on top of our houses and this is what they break down. They also break the windows and the windows of cars. The settlers would do that and the Israeli army sort of protects them when they are carrying out these little attacks." (Mr. Ali Mohammed Ali Abu Ayash, witness No. 20, A/AC.145/RT.613)

696. Mr. Chaker Joudeh spoke about the situation concerning agricultural products produced by settlers and those produced by the farmers in the occupied territories:

"First of all, Israeli settlers do not have to pay anything when their goods come to the Palestinian market. However, the Palestinian farmer has to get a permit from the Israeli Ministry of Agriculture to export his goods to the Israeli market. Also, the settler is not subjected to any sanitary check of the goods he wants to export abroad, whereas the Palestinian farmer has to undergo such a check, which is lengthy and will cost him 30 United States dollars a day for the inspector. Also, Palestinian farmers are not allowed to use Agrexco ships for the transport of their goods. Agresco is the Israeli export company. Palestinian farmers are obliged to hire containers, the capacity of which varies between 60 and 80 tons, although sometimes they cannot fill them up. This means that they have to pay for the empty space in the container. If they were allowed to use the transportation means available to the Israeli farmers, they would pay only for the actual amount of goods transported. Therefore, the co

sts of shipping are higher for Palestinian farmers than for Israeli farmers. There are also other problems. Palestinian farmers have no control over the handling of their containers in Israeli ports. In order that some of the goods reach the European market in good condition, the containers have to be refrigerated at a certain temperature. It happens that this temperature is not controlled and not maintained. As a result, when the goods reach the market, they are spoilt. This has happened several times and has been proven officially." (Mr. Chaker Joudeh, witness No. 9, A/AC.145/RT.609)

697. Mr. Riyad H. Al Khoudary spoke of the way settlers' activities affected the water supply in the occupied territories:

"In Gaza, we suffer from three factors which are against our rights. The first factor is the fact that we have settlers in Gaza. They are around 4,000 or a bit more. They have two types of settlements, "normal" settlements where the people live, and agricultural settlements where they use our grounds, use our water for agricultural purposes and then export their products out of the Gaza Strip. You know that the Gaza Strip is small and you know the amount of the population living there. So, they take our water for their agricultural products. They are denying it, but it is a fact, according to my feeling." (Mr. Riyad H. Al Khoudary, witness No. 13, A/AC.145/RT.610)

698. Accounts of the effects of settlers' activities on the civilian population of the occupied territories may be found in documents A/AC.145/RT.609 (Mr. Chaker Joudeh), A/AC.145/RT.610 (Mr. Riyad H. Al Khoudary), A/AC.145/RT.611 (Mr. Ibrahim Khamis Shehada), A/AC.145/RT.613 (Mr. Ali Mohammed Ali Abu Ayash).

Written information 25/

699. On 1 April 1993, settlers from Kfar Darom blocked the road linking Gaza to Rafah; and, according to Palestinian sources, damaged several Arab-owned greenhouses in the Deir el-Balah area. (Ha'aretz, 2 April 1993)

700. On 4 April 1993, settlers are reported to have cut at least 40 olive trees in Kufr Deik, in the Nablus area. Scores of trees were also uprooted in the village of Deir Istiya, near Nablus. (Al-Fajr, 12 April 1993)

701. On 5 April 1993, settlers from the Ariel settlement in the Ramallah area cut down five olive trees which belonged to Dhiab Daoud Salameh from the Luban al Gharbiya Village. The settlers claimed that their cars had been stoned from Salameh's grove. (Al-Fajr, 12 April 1993)

702. On 11 April 1993, it was reported that activists from the "Kach" movement had beaten several residents of Hebron and had damaged property in three different residences in the city. (Ha'aretz, 11 April 1993; this information has also been referred to in Al-Tali'ah, 15 April 1993)

703. On 17 April 1993, an Israeli settler attacked Moheiddin Ahmed, a member of the Chamber of Commerce in Hebron. Ahmed was subsequently taken to hospital for treatment. (Al-Fajr, 26 April 1993)

704. On 20 April 1993, following the throwing of several petrol bombs at Israeli vehicles in the Hebron area, a number of settlers from Kiryat Arba went into Hebron and smashed the windows of Arab-owned houses and cars. They also blocked the road leading to Hebron and burned tyres. (Ha'aretz, Jerusalem Post, 21 April 1993; this information has also been referred to in Al-Tali'ah, 22 April 1993)

705. On 29 April 1993, it was reported that a group of settlers in the occupied territories, grouped in the "Organization to Defeat Self-Rule", had called settlers to rebel against the Government if self-rule was to be implemented in the occupied territories. The organization stated that the law giving away the land of Israel to foreigners was illegal and as such, should not be enacted. (Al-Tali'ah, 29 April 1993)

706. On 30 April 1993, armed Israeli settlers demonstrated in el-Bireh, in the Ramallah region, to protest the return of 15 Palestinian deportees to their homeland. The settlers attacked several Palestinian houses with stones. (Al-Fajr, 10 May 1993)

707. On 1 May 1993, several Arab-owned cars and other Arab property, were damaged in Hebron during a clash between Jewish and Arab residents of the city. Shots were fired in the air and both sides threw stones and cinder blocks. (Jerusalem Post, 2 May 1993)

708. On 4 May 1993, Jewish settlers raided the house of returnee Daoud Arikat in Jericho, tearing down welcome signs. (Al-Tali'ah, 5 May 1993)

709. On 7 May 1993, Israeli settlers threw stones at Palestinian cars in Aboud village, breaking the windshields of several of them. (Al-Fajr, 17 May 1993)

710. On 11 May 1993, four Israelis from the Otniel settlement in the Hebron area were arrested by the army which confiscated their weapons after they stoned Palestinian cars, smashing the windows on three of them. (Jerusalem Post, 12 May 1993)

711. On 11 May 1993, a 15-year-old boy was critically wounded when a settler opened fire at him in Kedr village. The settler alleged that the boy had thrown stones at his car when it passed through the village. (Al-Fajr, 17 May 1993)

712. On 12 May 1993, the leader of a settler movement was arrested while two Arab villagers were slightly injured during a fight over disputed land in the Silwan area of Jerusalem. (Jerusalem Post, 13 May 1993; this information has also been referred to in Al-Tali'ah, 13 May 1993)

713. On 12 May 1993, a home belonging to an Arab family in the Sheikh Jarrah neighbourhood of Jerusalem was attacked by Jewish youths. The house-owner, Ahmed Ubeidi, stated that this was the third attack on his house in the past few months. Although Ubeidi had complained to the police, they had done nothing about it. Ubeidi's house is adjacent to French Hill, a Jewish settlement. (Al-Fajr, 17 May 1993)

714. On 16 May 1993, settlers reportedly attacked bedouins on the Jerusalem-Jericho road and set 12 tents on fire. Jewish settlers also attacked cars parked in the Beitunia and Beit Arik villages, in the Ramallah area. Palestinian cars were also set on fire during the night in el-Bireh, near Ramallah. (Al-Fajr, 24 May 1993)

715. On 20 May 1993, the Israeli daily Hadashot reported from settlement sources that settler leaders had issued a number of secret instructions concerning acts of revenge against Palestinian residents aimed at "giving them a lesson" and at spreading fear and unrest among them. These acts were also intended to give the Israeli Government a lesson if the latter approved self-rule for Palestinians. (Al-Tali'ah, 20 May 1993)

716. On 26 May 1993, the tyres of some 30 Arab cars were punctured in various localities in East Jerusalem and el Bireh. An anonymous call announced that "Kach" activists were responsible for the action. (Ha'aretz, 28 May 1993; this information has also been referred to in Al-Fajr, 31 May 1993)

717. On 29 May 1993, following the killing of an Israeli man in Hebron, settlers smashed the windshields of cars belonging to Palestinians on the road heading to Kiryat Arba. One Palestinian was reportedly hit in the head by a stone. (Ha'aretz, Jerusalem Post, 30 May 1993)

718. On 30 May 1993, two Arab women and a child were lightly injured in Hebron when settlers who had been pelted with stones retaliated by shooting first in the air, and then allegedly in the direction of the stone-throwers. Settlers also allegedly smashed the windshields and windows of cars and houses in the area around the Hebron casbah and set fire to two or more stores located along the path where the Israeli who was killed had been walking. (Ha'aretz, Jerusalem Post, 31 May 1993)

719. On 31 May 1993, the IDF reinforced its units in Hebron in order to stop the clashes between Israeli settlers and Arab residents. It warned the settlers not to take revenge on the Arab residents. Several complaints were lodged against the settlers by the IDF who went on a rampage in the city. (Ha'aretz, 1 June 1993)

720. On 2 June 1993, settlers reportedly set fire to a Palestinian house in Hebron in response to the killing of an Israeli settler in the town earlier in the week. (Al-Fajr, 7 June 1993)

721. On 6 June 1993, settlers from Kiryat Arba and Hebron reportedly injured two Arab stone-throwers and severely damaged at least two houses. (Ha'aretz, 7 June 1993)

722. On 7 June 1993, Palestinian sources reported that settlers from Kiryat Arba and Hebron had lately caused severe damage to Arab property and to a Red Cross vehicle. (Ha'aretz, 7 June 1993)

723. On 7 June 1993, several thousand persons attended a rally at the Tomb of the Patriarchs in Hebron, calling for the Government to tear down buildings along the path on which an Israeli had been killed a month earlier while walking from Kiryat Arba to the Mahpela Cave. (Jerusalem Post, 8 June 1993)

724. On 10 June 1993, it was reported that the police were investigating a number of settler activists who had allegedly urged people to shoot armed Palestinians if an autonomous Palestinian police force were set up. The investigation followed a separate police investigation of the alleged setting up of a Jewish militia in the Hebron area to combat the planned Palestinian police force and the investigation of several residents of the Golan Heights who were allegedly inciting violence. (Jerusalem Post, 10 June 1993)

725. On 15 June 1993, settlers have reportedly stepped up their harassment of the population of el-Bireh and Ramallah by throwing stones, burning cars and shooting at random. (Al-Fajr, 21 June 1993)

726. On 24 June 1993, it was reported that the Hebron police were investigating a complaint by an Arab resident that Israelis had ripped tyres on his car. (Jerusalem Post, 24 June 1993)

727. On 24 June 1993, a family from Dura A Kara, in the Ramallah area, was hospitalized after settlers from Ofra settlement attacked their car. In another incident, settlers burned a car belonging to a villager from Deir Jarir. A bus and a tractor belonging to Palestinian residents were also burned in Taibe. (Al-Fajr, 28 June 1993)

728. On 4 July 1993, settlers from the Kfar Etzion settlement near Bethlehem tore down the fence around the land owned by farmer Ahmad Mohammed Taha Funun in the village of Nahalin. This was the second time that settlers had raided the Funun farm. (Al-Fajr, 12 July 1993)

729. On 6 July 1993, a Palestinian died when he was run over by an Israeli settler driving through the main street of el-Bireh. Ala' Abdul Hamid Nisr was only six years old. A general strike was observed in Ramallah and el-Bireh to protest the incident. (Al-Fajr, 12 July 1993)

730. On 8 July 1993, settlers from the Awfara settlement are reported to have set on fire during the four preceding weeks 10 cars belonging to Palestinians in Ein Yabrud. Settlers were doing so in response to the stoning of cars. (Al-Tali'ah, 8 July 1993)

731. On 10 July 1993, the IDF stated that following the murder of an Israeli in the area, settlers had entered the village of Khirbat Ad Dayr near Tekoa, shooting in the air before fleeing. There were no injuries. (Jerusalem Post, 11 July 1993; this information has also been referred to in Al-Fajr, 19 July 1993)

732. On 14 July 1993, settlers from the Ma'aleh Amous settlement near Bethlehem uprooted trees on the land belonging to the Al Rasheyda village. Similar incidents took place during previous weeks on land belonging to the Husan and Nahalin villages, both of which are near Bethlehem. (Al-Tali'ah, 15 July 1993)

733. On 16 July 1993, settlers from the Ateret Cohanim settlement movement were reportedly trying to buy as much land and property as possible in areas between Jerusalem and the settlement of Ma'aleh Adumin, before Palestinian self-rule was implemented. (Al-Fajr, 26 July 1993)

734. On 27 July 1993, the house of Rasmi (Abd a-Rahim) Jabar in Hebron caught fire and burned to the ground. Jabar claimed that four armed Jewish settlers had started the fire. The hands of Jabar's wife were burned. (Ha'aretz, 26 July 1993; Jerusalem Post, 26 July 1993)

735. On 9 or 10 August 1993, IDF soldiers removed an ark containing scrolls of the Tora from the Cave of the Patriarchs in Hebron which Jewish worshippers had placed in the Cave without permission. They did not want to remove the ark of their own accord, despite repeated requests by the IDF to do so. (Ha'aretz, Jerusalem Post, 11 August 1993)

736. On 10 August 1993, Jewish settlers prevented lorries carrying vegetables and fruit from entering the vegetable market in Hebron, in the old market neighbourhood of the town. Truck drivers who tried to unload the goods were beaten by settlers. (Al-Tali'ah, 12 August 1993)

737. On 11 August 1993, some 150 (or several hundreds of) demonstrators prevented the staff of the Housing Ministry and the officials from "Amidar" company from removing 30 to 45 unoccupied mobile homes from Na'aleh, a settlement located in the northern West Bank. (Ha'aretz, Jerusalem Post, 12 August 1993)

738. On 12 August 1993, settlers from the Kadumim settlement are reported to have built a fence around the house of a villager from Kufr Kaddum, in the Nablus area and prevented the owner, Mohammed Iyyat Ishtewi, from entering his home on the pretext that he was an absentee owner. (Al-Fajr, 16 August 1993)

739. On 19 August 1993, an Arab resident of Hebron, Saber Al Hirani, complained that his hand was broken when he tried to stop settlers from working on his land. The residents of Yatta also complained that settlers had used arms to scare farmers off their land. The town of Yatta is surrounded by five settlements located to the south and the east of the town. (Al-Tali'ah, 19 August 1993)

D. Treatment of detainees

Oral evidence

740. Mr. Ahmad Mohammad Al Sayyad, a lawyer from the Mandela Institute for Political Prisoners, provided the Special Committee with information about the number of prisoners:

"At present, the number of prisoners and detainees amounts to about 16,000 persons. Ansar III, which is a military detention camp, has about 6,000 prisoners, 350 of whom are administratively detained without charges and without trial. Many prisoners are young. They have been tried by military courts. Their sentences vary between some months to up to seven years. After the trial, they are sent to Ansar III or Ketziot. Many prisoners come from Gaza." (Mr. Ahmad Mohammad Al Sayyad, witness No. 12, A/AC.145/RT.610)

741. Ms. Jessica Bonn provided the following figures concerning the number of prisoners detained in IDF prison facilities:

"As of 5 May 1993, 6,512 Palestinians were held in IDF prisons, 312 of whom were administrative detainees. We have seen a drastic reduction in the number of administrative detainees during this past year. The number peaked in December following the massive deportation. Of the 6,512 I mentioned, 3,686 are serving sentences. Over 1,700 are pending conclusions of proceedings and 602 are before trial, that is to say that they are not administrative detainees, but that they are waiting for their trials.

"I gave you the numbers of prisoners in IDF facilities alone. There are two bodies which hold prisoners, one is the Israeli Prison Services and the second is the IDF." (Ms. Jessica Bonn, witness No. 35, A/AC.145/RT.616)

742. Mr. Ahmad Mohammad Al Sayyad of the Mandela Institute for Political Prisoners spoke about the hunger strike staged by prisoners to protest their conditions of detention:

"Five thousand prisoners went on strike for 16 days, stopping to eat. As a result of the strike, a committee was set up by the prisoners which was to speak on their behalf while the administration set up another committee to speak on its behalf. They agreed to some of the requests, as Moshe Shahal, the Minister of Police, said at the time. One of the most important requests was to stop the policy of isolation as a penalty and the second point was to provide the necessary medical attention in prisons and in detention camps.

"Since the situation remained much the same, another strike was organized by the prisoners on 14 February 1993 as a warning to the authorities that so far the demands which they had accepted had not been implemented. On 25 and 26 April 1993, they also announced two days of strike for the same reason, that is to say that the requests accepted by the Levy Committee had not been actually implemented.

"The main request the detainees are presenting, particularly after the strike of 27 September 1992, is that the authorities deal with them by virtue of international law and codes, with a minimum of care and humanity for their conditions of living in the prisons. The justification invoked by the authorities for not lifting the suffering of the prisoners and detainees is usually twofold. The first reason given is one of security and the second is that they do not have the material means to do so.

"From what I heard from the main prisoners' committee in Jneid prison, if the demands are not implemented very soon, new hunger strikes will take place and these will be open hunger strikes, that is to say without a time-limit." (Mr. Ahmad Mohammad Al Sayyad, witness No. 12, A/AC.145/RT.610)

743. Mr. Ahmad Mohammad Al Sayyad explained to the Special Committee what were the prisoners' principal grievances:

"The growing number of detainees and prisoners in prisons and in camps is also one factor the Palestinian prisoners are very much suffering from. There is overcrowding everywhere and, therefore, prisoners do not have decent conditions of living. There is also a growing number of diseases spreading among the prisoners. Whether they are winter or summer diseases, prisoners catch them and, because of the growing number of inmates in the cells, the diseases spread to many prisoners in the same room.

"As far as the overcrowding of cells is concerned, the authorities justified the situation as it is by the fact that the number of prisoners has increased during the intifadah, so that they could not decrease the number of inmates per cell and provide the necessary space in each section of the prisons, and also that they could not increase the number of prisons.

"On the basis of our reports, we can say that the health and social conditions of the prisoners in prisons and in camps remain the same as they were before. In fact, the policy of torture during inquiry is being pursued and is even more brutal than it used to be. Medical care is still insufficient. Medical examinations are carried out by nurses and not by doctors. In each prison clinic, there is only one general practitioner, no specialists. The medication given is sedatives, whatever the disease. As a result, many prisoners have been ill during and after detention. In some cases, they needed an operation or surgery, but were not given the adequate treatment. After investigation, the prisoner is sent to prison. His name is put on a waiting list for surgery at one hospital or the other. In some cases, the prisoner may wait for two years or two and a half years before he is sent to hospital for surgery. Often, such surgery is to remove bullets from the body of the prisoner.

"We have lately noted that a growing number of people are suffering from psychological diseases and disturbances. The medical teams who visit these people at our request have found out that prisoners suffer increasingly from psychological depression and other problems, as a result of the enormous psychological pressure exercised by the Israeli authorities, be it during the interrogation or when in prison itself, until the trial or even after the trial.

"The Minister of Police had accepted that the number of Palestinian doctors and specialists allowed to visit prisoners and detainees would be increased, so that they could supervise the health conditions in prisons. Prior to the strike, the problem was the length of time needed to get permission so that a doctor could make a prison visit. The Minister has promised that this waiting period would be decreased and that doctors would be given permission in a very short time. However, we know that, at the present moment, it takes two to three weeks to obtain the permission, if we do obtain it. This leads to a lot of suffering on the part of the prisoners, at random, because it is left to the authorities to decide whatever they like. A promise was made that an end would be put to the policy of using the illness of prisoners as a form of pressure in order that the prisoners or detainees give in to the requests of the investigators or of the intelligence services before their needs are taken care of. In man

y cases, the authorities refused to send prisoners to hospital for surgery on the pretext of security reasons. We know that some sick people have not been given the necessary treatment because of a bargaining process. They would say that they would provide the treatment and the prisoner has to deal with them and give them information, otherwise he would not get treatment.

"Another factor prisoners are suffering from is the policy of isolation as a penalty which the Israeli authorities are pursuing without any criteria whatsoever. Each prison has up to 20 isolation cells where the prisoner is kept alone, in a very small room of two metres by one and a half metres. When the prisoner is sent to that special section of the prison, he is not given any reason for that. He is not informed either about how long he is going to be in that special section. Some prisoners have remained three years in such isolation cells. When we took up this matter with the authorities, we were not given any reason for the detention of prisoners in isolated cells. They just said that this was a preventive measure and a measure of security.

"In spite of the fact that these special cells are in central prisons which are administered by the prison administration, nevertheless, the power to decide is with the intelligence services. The decision to put prisoners in or to take them out of isolated detention is taken by the intelligence services. ... It is the privilege and mandate of the intelligence services. We wonder how it is possible that the director of the prison has no right to get somebody out of this special section and has no power of decision in this matter." (Mr. Ahmad Mohammad Al Sayyad, witness No. 12, A/AC.145/RT.610)

744. Mr. Raji Khedr Mussa Al Sourani of the Gaza Centre for Rights and Law also spoke to the Special Committee about conditions of detention:

"Regarding conditions in jails, one has to distinguish between two types of imprisonment: in prisons, on the one hand, and in military detention centres, on the other hand. Prisons are like five-star hotels in comparison to the military detention centres. But this does not mean that they are five-star hotels.

"There is an incredible lack of medical care in the prisons. It happens that prisoners have to wait two or three, or even four years, before they can be operated, of haemorrhoids or kidneys, for instance. Beside the suffering they and their families endure, this situation sometimes results in death. So, the detainees were outraged with this situation, in spite of demands they had made. Also, there were cuts of almost 35 per cent in food rations and cuts in hygiene material of nearly 40 per cent. Prisons are overcrowded and in many prisons there are many prisoners who are serving long-term or even life sentences. So, with the overcrowding in the cells and the long periods they spend there, it is not a luxurious issue to demand better conditions, which is of vital importance in order to protect prisoners against the spreading of diseases. The food issue is maybe not of the same importance for someone who stays two years in prison or for someone who stays 20 years, but it creates many problems. The soci

al life of the prisoners is difficult. The problem of isolation is important. Prisoners are not allowed to mix between rooms and between sections. If you have to stay for 10 years in the same section, it seems to be a human necessity that you can see other detainees, that you can talk to other people. Not to be allowed to do so leads to depression and aggressivity. It can't be a matter of security. Even during the two hours of walk outside or during physical exercise, they don't allow different sections to be together. It seems incredible.

"But there is an even worse type of isolation. The example is Section 7 in Nitzan prison in Ramla, where they isolate detainees who they think are dangerous. I can understand that you sentence somebody for a life-term sentence, or more (some people were sentenced to 20 life-term sentences). But I do not understand how they can be punished twice, not for any legal offence they committed inside the prison, but as a policy to suppress, to humiliate, to insult, to put the detainee in a state where he becomes absolutely desperate. This results in people committing suicide. Besides, they are making the prison like a zoo for some extremists among the members of the Knesset, or for some people from Israeli extremist parties, who come and go round looking at the prisoners inside their cells. They are keeping the prisoners in isolation handcuffed and with their legs tied. There are no toilets. They are not allowed writing material, they are not allowed a radio. They are absolutely separated and not even al

lowed to talk from one cell to the other. Sometimes, the cells are even underground." (Mr. Raji Khedr Mussa Al Sourani, witness No. 15, A/AC.145/RT.610)

745. Numerous persons complained about the lack of or insufficient medical treatment given to detainees. A witness who testified before the Special Committee stated the following concerning his brother:

"You might think that I am exaggerating when I tell you that during my detention in Ansar II, one day my younger brother Mahmud (he is not the one coming right after me, but the next one) arrived on a stretcher with a leg injury. Can you imagine that he was forced to remain there in the south for a period of 45 days, with a bullet in his leg?" (Mr. Riyad Mohamad Ali Abu Rahma, witness No. 1, A/AC.145/RT.607)

746. A second witness confirmed the bad situation concerning medical treatment in prisons:

"As I told you, some of my brothers are in prison. One of them had his arm broken. The other one was also wounded. From what my mother told me, it was very difficult for them to get medical treatment. What happened was that they were taken to hospital by a first-aid group. But the Israelis can take them away from hospital and imprison them. Medical treatment is not granted in a normal way and consequently the health situation is very bad." (Anonymous witness No. 4, A/AC.145/RT.607/Add.1)

747. Ms. Jessica Bonn of the B'tselem human rights organization provided the following information about interrogation practices:

"I would like now to speak about interrogation. As you know, in 1987 the Landau Commission was formed to review interrogation practices by the General Security Services (GSS). They printed their findings in a report which included two parts. There was a secret part which detailed the practices allowed for GSS interrogators and a published part. The part that is most important to us is the part which describes which practices may be used during interrogation. All we know about this secret section of the Landau Report is that it 'allowed the use of moderate physical pressure', which, to us, indicates that there is a green light given to maltreatment of Palestinian prisoners.

"B'tselem published a report in which Palestinians who had been in detention and under interrogation were interviewed. Again, I will not detail the findings of the report. It contains many cases of beatings, head covering, periods of isolation in confined space, electric shock treatment. ... In April 1992, an organization called 'The Public Committee Against Torture' petitioned the High Court, challenging the legality of the Landau Report and demanding that the secret section be published. The case is still pending." (Ms. Jessica Bonn, witness No. 35, A/AC.145/RT.616)

748. Mr. Sayyad also informed the Special Committee about the treatment to which a collaborator of the Mandela Institute was subjected in 1992:

"One of our collaborators in the Mandela Institute was arrested at the end of 1992 and put under administrative detention. He was in Ansar III for two months and then returned to the interrogation section in Ramallah, where he stayed for 50 days. He was tortured, both physically and psychologically. When I speak of physical torture, I do not mean that he was just beaten. He was ordered to take certain positions for hours. He was not allowed to sleep or to go to the toilet for days. This would go on for days and days, from Monday morning unil Friday evening, because the interrogators begin the Sabbath on Friday evening. It ends at dawn on Sunday and this is the only time when the prisoner can have a rest. He does not sleep, because he is put into what is called the 'refrigerator'. It is a small room of 2 metres by 1.5 metres, with a temperature between five and seven degrees due to air conditioning blasting into the room. This man's name is Isham Suleiman Abu Mariam. The interrogators also used

the 'shabah', that is to say they put him on a small chair, hands and legs tied, and he is not allowed to sleep or to rest for a whole week. The following week, he was ordered to stand for days on end with his hands tied behind him and his legs tied as well, and with a bag on his head. Also, his arms were tied at a higher level above him. They tie the arms with a chain, the chain is fixed to the wall so that his arms are at shoulder level behind his back, his head is covered with a bag. These are the forms of torture he was subjected to. The effects of such treatment remain and are to be seen even after a very long time. Prisoners victims of such torture often have psychological problems and they have pains in the back. They also suffer from spinal diseases. Many prisoners have ulcers, especially those who have spent long periods in the interrogation sections. They suffer from haemorrhoids because during the cold season, the interrogators keep pouring cold water on the prisoners and their clothes ar

e kept wet. These are the means used against the prisoners. They don't beat them, but they use such methods of constant physical pressure. And these, in turn, can have psychological effects." (Mr. Ahmad Mohammad Al Sayyad, witness No. 12, A/AC.145/RT.610)

749. Another witness provided a similar description of the treatment of detainees:

"Regarding the subject of investigation and interrogation, despite the fact that five people died during interrogation, the Israeli interrogators did not put an end to the practices they use against Palestinians when interrogating them. These interrogations are characterized by insults, psychological and physical violence exerted against the Palestinians, by threats to expel them, by threats of long detention without trial. ... Interrogators in the prisons of Nablus and Hebron used ill-treatment in a methodical way during interrogation. In Nablus, for instance, the detainees were put in the positions described yesterday by one of the witnesses and called the 'shabah' for very long periods of time, handcuffed, and were forced to remain in very uncomfortable positions for hours. The detainees were also put in what is called the 'refrigeration room' for long hours. Loud and violent music was also played in the cells so that the prisoners could not go to sleep. One of the detainees was handcuffed to his

feet behind his back for four consecutive days and a table was placed between his legs. He was also beaten on his genital organs. The interrogators told him that the special units would have killed him had he not surrendered. He was later released without any accusation against him." (Anonymous witness No. 17, A/AC.145/RT.611/Add.1)

750. A person who was 65 years old when he was arrested underwent the following treatment in prison:

"They used to put us in cells and make us stand for hours. They prevented us from going to the bathroom. Everybody was urinating all over the place. Our hands were tied behind the back in difficult positions. In this particular cell, I stayed 29 days." (Mr. Ali Mohammed Ali Abu Ayash, witness No. 20, A/AC.145/RT.613)

751. A witness who spent more than 14 years in prison told the Special Committee how he had been treated:

"As for myself, I was put into prison on 28 April 1971. I was beaten, insulted, tortured. The effects are still to be seen on my body. One of my teeth was broken and I have marks of blows and bruises from the beating I was subjected to." (Mr. Abdel Hamid Mohamad Al Shattalli, witness No. 3, A/AC.145/RT.607)

752. The Special Committee was informed in particular of the treatment of detainees in the Tulkarm detention centre:

"In Tulkarm, there is a prison and a questioning centre. They are known to be among the places where the most brutal practices are implemented. Torture is being used. People are strangled. People are hooded. They are beaten. They are beaten on the soles of their feet, etc ..." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

753. Mr. Sourani informed the Special Committee that deaths in custody have continued to occur in the course of its current reporting period:

"I'll give you the example of Ayman Nassar, a healthy young man of 23 years of age. He was wanted. A curfew was imposed on Deir El Balah, people were evacuated and a house which had a bunker was shelled. A gas which we do not know anything about yet was used. As a result of the shelling, the four persons who were in the bunker surrendered. They were taken and beaten in a very cruel animal-like way. From a distance of about 50 metres, people saw the soldiers beat Ayman and his colleagues for a very long time. They also saw how other soldiers were taking pictures of the scene. The four men were then taken to Ashkelon prison, being beaten all the way long. They were interrogated extensively, handcuffed and hooded, deprived of sleep and of food. On 23 March 1993, they brought Ayman back to his place, where he was seen by eyewitnesses. He looked very weak. On one occasion, he fainted and was brought to hospital by members of the secret services and soldiers who beat him. He shwed them places where

he had hidden and had been given shelter. He was the leader of a group. So, this same day he was taken to Barzalai Hospital. He had a blister in the lung. He stayed in hospital from 23 March until 2 April, when he was reported dead. We asked Dr. Jergen Delgaard, a Danish pathologist, to attend the autopsy, representing the family. We also demanded a number of documents: the death certificate, the medical report when Ayman Nassar was admitted to hospital, his medical file in prison, the report from the prison doctor when he was referred to Barzalai Hospital, his medical record in the hospital and the police report on his death. We did not receive any of these documents. On the other hand, Dr. Delgaard asked to see the prison doctor, as well as the hospital doctors. This was not granted either. After the autopsy, Dr. Delgaard concluded that the symptoms of Ayman's sickness resulted from the gas that had been used and from the interrogation and the circumstances. He assured that the symptoms should

have been noticed by the doctors. He himself and Dr. Hiss, an Israeli doctor, both confirmed that Ayman Nassar had not been given adequate medical care in proper time and that this had resulted in his death. This shows how the system works, the way people are arrested, how they are treated by the soldiers and the interrogators and it shows really that as wanted people, they face a death penalty." (Mr. Raji Khedr Mussa Al Sourani, witness No. 15, A/AC.145/RT.610)

754. Testimonies relating to the treatment of detainees may be found in documents A/AC.145/RT.607 (Mr. Abdel Hamid Mohamad Al Shattalli, Mr. Riyad Mohamad Ali Abu Rahma), A/AC.145/RT.607/Add.1 (anonymous witness), A/AC.145/RT.609, (Mr. Rizk Hussein Chkeir Maraabi), A/AC.145/RT.610, (Mr. Ahmad Mohammad Al Sayyad), A/AC.145/RT.610 (Mr. Raji Khedr Mussa Al Sourani), A/AC.145/RT.611/Add.1 (anonymous witness), A/AC.145/RT.613 (Mr. Ali Mohammed Ali Abu Ayash), A/AC.145/RT.616 (Ms. Jessica Bonn).

Written information 26/

755. On 3 April 1993, Iman Nasser, 23, from the Deir el-Balah refugee camp, a wanted member of the "Fatah Hawks", died in Barzalai Hospital. He had been arrested on 20 March 1993. Three days later, he became ill and was taken to the hospital suffering from lung damage and septic shock, apparently caused by smoke inhalation or injuries sustained at the time of his arrest (this information has also been referred to in Al-Fajr, 5 April 1993). Gaza lawyer Raji Sourani stated that when Nasser was arrested, he was pulled out of a bunker located under a house that had been shelled by troops. Nasser's body was sent to the Abu Kabir Forensic Institute for autopsy. Israeli and Palestinian human rights groups have called for an independent inquiry into Nasser's death. The Public Committee Against Torture in Israel and the Gaza Center for Human Rights also called for an examination by an independent pathologist. (Ha'aretz, Jerusalem Post, 4 April 1993)

756. On 8 April 1993, pathologists determined that Iman Nasser had died as a result of severe lung disease. An independent Danish pathologist, Dr. Jergen Delgaard, was present at the autopsy at the request of Nasser's family. According to Dr. Yehuda Hiss, a pathologist from the Abu Kabir Forensic Institute where the autopsy was carried out, no evidence of violence was found on the body. Hiss, however, indicated that he still had to determine the cause of the disease. He did not rule out the possibility that Nasser's pneumonia had been caused by inhaling the smoke from the grenade used by the security forces. Delgaard also indicated that Nasser's life may have been saved had he received medical treatment earlier. Shuli Meiri, the spokesman for the Prison Service, stated that, according to prison records, Nasser did not complain of feeling ill before 23 March 1993, when he was taken to the hospital. (Ha'aretz, Jerusalem Post, 9 April 1993)

757. On 10 April 1993, a lawyer for the Mandela Institute who had visited Hebron prison on 4 April 1993, reported that "force and procrastination" were being used to deal with all prison demands. The lawyer indicated that the number of prisoners per cell was increasing instead of decreasing. Hot and cold water were cut off arbitrarily without apparent reasons. Sick prisoners were told to come back to the clinic for treatment later. Family members were searched in a humiliating fashion before and after visits. (Al-Fajr, 19 April 1993)

758. On 19 April 1993, it was reported that the family of Mustafa Akawi was asking for $1 million in compensation for his death during interrogation in Hebron prison in February 1992. According to Michael Baden, the Director of Forensic Science, with the New York State Police who performed the autopsy, Akawi "died of a heart attack precipitated by emotional pressure, physical exertion and freezing temperatures he was forced to withstand, along with the lack of proper medical care". At the time, the Israeli Government defended its official policy of exercising "moderate physical pressure" on Palestinian detainees. (Al-Fajr, 19 April 1993)

759. On 25 April 1993, the head of the General Security Service (GSS) submitted a report to the Supreme Court justifying the use of "moderate physical pressure" against security prisoners, citing the recent sharp increase in the number of "terrorist" attacks and an increase in the use of firearms by Palestinian activists. The office of the State Attorney allowed the head of GSS to submit the report in response to the petition of the Committee Against Torture in Israel to change the regulations regarding the interrogation of security prisoners. According to the rules formulated in 1987 by the Landau Commission which was formed to investigate charges of torture against prisoners, GSS interrogators were allowed to use "moderate physical pressure" against security detainees when a detainee was suspected of knowing information essential to an investigation, and when all other methods of interrogation had failed. (Ha'aretz, Jerusalem Post, 27 April 1993; this information has also been referred to in Al-Tali'a

h, 29 April 1993)

760. On 26 April 1993, it was reported that the Israeli police was setting up a new detention centre in the Kalandia area, in northern Jerusalem, that would specialize in the interrogation of Palestinian demonstrators from Jerusalem and the surrounding villages. A similar centre which was currently operating in Beit Shmesh was to be closed and replaced by the new, improved facility. The new interrogation centre would employ 30 policemen, 26 of whom would be of Druze origin and would officially come from the Minorities Department of the Israeli Police. (Al-Fajr, 3 May 1993)

761. On 28 April 1993, three judges in the High Court of Justice debated the proposed changes in GSS interrogation methods at a hearing in camera. A year earlier, the Committee Against Torture in Israel had appealed to the Court to cancel the recommendations made in 1987 by the Landau Commission allowing the use of "moderate physical pressure" against security detainees. A ministerial committee composed of Justice Minister David Liba'i and Police Minister Moshe Shahal had been reviewing the regulations and had presented its recommendations for the introduction of certain changes to the High Court. New regulations stipulate that persons under interrogation are not to be deprived of food and water or exposed to heat and cold. They should also be given access to lavatories. (Jerusalem Post, 29 April 1993; this information has also been referred to in Al-Tali'ah, 29 April 1993)

762. On 29 April 1993, in a letter addressed to the public, Palestinian prisoners complained of increasing repressive measures that were applied by the Israeli prison authorities. (Al-Tali'ah, 29 April 1993)

763. On 4 May 1993, a Palestinian detainee tried to attack an IDF guard at the "Beach" prison in Gaza. The soldier fired at the prisoner and injured him slightly. (Ha'aretz, 5 May 1993)

764. On 11 May 1993, an inmate of Hebron prison set his clothes and mattress on fire, injuring himself, three other prisoners and a prison warden. (Jerusalem Post, 12 May 1993)

765. On 13 May 1993, Palestinian prisoners detained in Nafha prison announced that they may go on hunger strike because the prison authorities had not fulfilled their promise to improve detention conditions. (Al-Tali'ah, 13 May 1993)

766. On 15 May 1993, it was reported that Mohammed Salameh Jundi, from the Aroub refugee camp died of burn wounds, apparently after he had set fire to his own cell a week earlier in Hebron prison. (Al-Fajr, 24 May 1993)

767. On 21 May 1993, it was reported that the Association of Israeli-Palestinian Physicians for Human Rights had protested to Ministers of the Police and Defence and the State Attorney concerning the alleged torture of Nassar Kumsia from Beit Sahur. According to the organization, the detainee was badly beaten while in custody, which resulted in severe genital damage. Kumsia, 25, was arrested by the security forces at the home of his parents on 3 May 1993, on suspicion of belonging to a "terrorist" organization, and was taken to Dahariya prison. The suspect, who had denied the allegations, appeared in a military court on 12 May 1993, and told the judge that he had been beaten and taken by the interrogators to Siroka Hospital in Beersheba. In remanding Kunsia, the judge noted, that according to a medical report, he was suffering from genital injuries "as a result of a blow he had received". Kumsia was released a week later and placed under administrative detention. The human rights group had demanded a

n investigation to determine whether Kunsia had been tortured by his interrogators. (Jerusalem Post, 21 May 1993)

768. On 23 May 1993, it was reported that the complaint of a Palestinian detainee, Nasser Raji Kumsia, from Beit Sahur, claiming that he had been beaten while in custody, was found not to be related to the investigation or his detention, despite a medical certificate indicating genital injuries. (Ha'aretz, 23 May 1993)

769. On 24 May 1993, it was reported that the Ramallah-based Mandela Institute for Political Prisoners had recently accused the Israeli Prisons Authority at Hebron prison of subjecting more than 400 Palestinian prisoners to unbearable and humiliating conditions. As of 1 April 1993, prisoners were subjected to strip searches on their way to and back from the exercise yards. The administration had also been cutting off the hot and cold water supply without prior notice or explanation. (Al-Fajr, 24 May 1993)

770. On 27 May 1993, Israel released 245 Palestinian security prisoners to mark the "Id al-Adha", the Muslim Feast of the Sacrifice. Those released included 162 prisoners from the Ketziot tent camp in the Negev, 51 from Meggido prison in the north, and 32 from Farah prison near Nablus. None of the persons who had been released were involved in terror attacks which resulted in casualties. An additional 50 were to be released from Dahariya prison near Hebron. (Ha'aretz, Jerusalem Post, 28 May 1993)

771. On 9 June 1993, it was reported that nine MKs from the Democratic Front for Peace and Equality, Labour, Meretz and Shas parties made a charge at a press conference in the Knesset that, although the Government had ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and committed itself to passing appropriate legislation, it had no intention of really doing so. They announced their intention to submit a private members' bill the following week in order to outlaw the extraction of confessions or other information through torture. They also proposed penalties against torture ranging from 7 to 20 years' imprisonment. (Ha'aretz, Jerusalem Post, 9 June 1993)

772. On 9 June 1993, it was reported that Dr. Iyad Sarj of the Gaza Mental Health Center presented research statistics on 500 local residents who had stated that they had been subjected to various forms of torture while in prison or detention, for periods ranging from six months to 10 years. According to Dr. Sarj, over 96 per cent of the persons concerned stated that they were tortured by beatings. Exposure to extremes of temperature was reported by 77 per cent; 89 per cent indicated that they were forced to stand for very long periods; 66 per cent reported being subjected to strangulation; 76 per cent stated that they were denied food; nearly 88 per cent were kept in solitary confinement; 94 per cent were verbally abused and humiliated; 74 per cent were forced to watch others being tortured; 65 per cent reported pressure applied to the testicles; 72 per cent were denied the use of toilets; 3 per cent were subjected to electric shocks; 15 per cent were sprayed with tear-gas; 5 per cent stated that they w

ere raped or had objects forced into the sexual organs or the anus. (Ha'aretz, Jerusalem Post, 9 June 1993)

773. On 13 June 1993, it was revealed at a conference on torture that doctors examining security detainees had to sign a form declaring that prisoners were medically fit to be chained and blindfolded. Speaking at the two-day international Conference on Struggle Against Torture, Dr. Ruchama Marton of the Association of Israeli-Palestinian Physicians called on doctors not to cooperate with General Security Service interrogators. Marton stated that when a security prisoner is detained for interrogation, he is examined by a doctor who is obliged to note medical findings and "limitations". The form indicates that the doctor has to determine whether "there are any medical limitations to keeping a prisoner in an isolated cell, chained, wearing head/eyes covering, prolonged standing". She called on the Israeli Medical Association to report all cases of torture in security prisons to the authorities. (Jerusalem Post, 14 June 1993)

774. On 16 June 1993, Justice Minister David Liba'i managed to defer for four to six weeks the vote of a private members' bill requiring the insertion of the provisions of the Convention against Torture into domestic law, in order to give the experts time to make recommendations to the Government. Although Israeli law already forbids most forms of torture, the bill was meant to bring the law fully in line with the Convention against Torture which Israel has signed. (Ha'aretz, 15, 16 June 1993; Jerusalem Post, 16, 17 June 1993)

775. On 21 June 1993, State Attorney Dorit Beinish informed the High Court of Justice that the General Security Service (GSS) used physical force in investigation only to prevent imminent acts of terrorism. She was representing the Government at a hearing on a petition filed by the Public Committee against Torture in Israel concerning GSS use of "non-violent psychological pressure and moderate physical pressure" to obtain information. Use of such pressure was approved by a 1987 commission headed by Supreme Court Justice Moshe Landau. The petition, filed by attorney Avigdor Feldman, charged that the commission's decision violated both international norms such as the Universal Declaration of Human Rights of the United Nations and its Convention against Torture as well as the Israeli criminal law. Beinish also stressed that there were clear guidelines as to what types of pressure could be used and when. For instance, pressure could be applied only with authorization to persons accused of perpetrating spe

cific types of crimes, only at specific stages of the investigation, and only if there were good reasons to believe that the suspect was in possession of the desired information. In addition, she indicated that any type of pressure not expressly permitted was forbidden. Thus, prisoners could not, for instance, be deprived of water or be subjected to extreme heat or cold. (Jerusalem Post, 22 June 1993)

776. On 21 June 1993, defence lawyers complained to Judge Shelly Timen that their clients, Mohammed Issa, 25, Majed Abu Katish, 23, Moussa Akari/Akawi, 22 and Mahmound Atwan, 23, all from East Jerusalem, had been tortured and deprived of food and sleep by the security services. Timen indicated that the lawyers' claims had not been proven and that the four defendants should be indicted within the following few days. (Ha'aretz, Jerusalem Post, 22 June 1993)

777. On 23 June 1993, it was reported that as of 8 July, the IDF would begin taking the fingerprints of all security prisoners detained in IDF prisons. (Ha'aretz, 23 June 1993)

778. On 26 June 1993, Palestinian prisoners in all Israeli prisons decided to stage a one-day hunger strike in solidarity with prisoners at Beersheba prison. According to the Ramallah-based Mandela Institute, prisoners serving long sentences in Beersheba prison were kept in isolation. The quality of food served in the prison was extremely bad and small in quantity; prisoners also received inadequate medical care. (Al-Fajr, 5 July 1993)

779. On 27 June 1993, it was reported that the Association for Civil Rights in Israel (ACRI) had claimed that the transfer of a female security prisoner to "Sharon" prison from a police prison endangered her life and prevented her from fulfilling her religious duties because she was imprisoned with Israeli judicial detainees. The prisoner, Ataf Alian, who is from the territories, was serving a 14-year sentence for offences against State Security in the "Sharon" prison since 1987. She was transferred without an explanation in mid-April 1993 to the "Kishon" police prison. (Ha'aretz, 20 June 1993; Jerusalem Post, 27 June 1993)

780. On 1 July 1993, it was reported that the Israeli Medical Association (IMA) called on doctors not to comply with General Security Service (GSS) requests to determine whether detainees were fit to be interrogated while being hooded, chained or forced to undergo other forms of torture. The controversy began in May, when a questionnaire to that effect was circulated at an army detention centre in Tulkarm. The form showed that an army doctor had been asked to examine a detainee, 26-year-old Ribhi (a)-Shuker, and indicate if there were any limitations to his staying in an isolation cell, wearing a hood, being chained, or standing for prolonged periods. In the case of Shuker, the doctor responded with a "no" to all of the questions, according to the detainee's attorney, Tamar Peleg. Shuker was subsequently transferred to the GSS wing where he was hooded, beaten and had his hands and feet tied behind his back. Dr. Miriam Zavgen, head of the IMA, wrote on 21 June to Defence Minister Yitzhak Rabin that doc

tors would be "accomplices to torture" when filling out questionnaires on the health of detainees. Dr. Ram Ishai, head of the Medical Association's Ethics Committee announced that he would open an investigation into the case of any doctor who signed the form. He stated that doctors were prohibited from assessing whether a detainee was able to withstand interrogation or treating him so he could return to interrogation. Lieutenant Colonel Moshe Fogel from the IDF spokesman's office denied that doctors were being asked to determine if detainees were fit for interrogation. (Ha'aretz, Jerusalem Post, 1 July 1993)

781. On 4 July 1993, the Mandela Institute called on Israeli prison doctors to provide urgent medical treatment to prisoner Ibrahim Badran whose health condition had deteriorated during the past two months. Badran suffers from diabetes. (Al-Fajr, 12 July 1993)

782. On 5 July 1993, the Israeli authorities are reported to have turned back over 1,000 visitors who had come to see their relatives in the Ansar III detention camp. (Al-Fajr, 12 July 1993)

783. On 8 July 1993, about 100 relatives of security prisoners at the Ketziot detention centre staged a protest in front of the Red Cross offices in Gaza City in solidarity with the inmates who were on their third or fourth day of a hunger strike asking for better conditions of detention (better food, closure of isolation cells, ending of body searches of women visitors ...). (Ha'aretz, 9 July 1993; Jerusalem Post, 9 July 1993)

784. On 12 July 1993, attorney Avigdor Feldman argued before the High Court of Justice that the General Security Service's use of physical force during investigation could not be justified by the need to prevent terrorism. He maintained that necessity was only a valid excuse in the face of actual, not suspected, danger. Feldman was representing the Public Committee Against Torture in Israel in a petition against GSS use of "non-violent psychological pressure" and "moderate physical pressure" to obtain information. The use of such pressure was approved by a 1987 commission headed by the then Supreme Court Justice Moshe Landau. The petition, filed in 1991, charged that the Commission's decision violated both international norms such as the Universal Declaration of Human Rights, and the criminal code, which prescribed three-year prison sentences for civil servants who "use, or give orders to use force or violence against a man to extort ... a confession or information about a crime". (Ha'aretz, 13 July 1

993; Jerusalem Post, 13 July 1993)

785. On 12 July 1993, it was reported that Palestinian prisoners detained in the Ansar II detention camp in the Gaza Strip had started a collective protest against deteriorating living conditions. A number of Palestinian prisoners who were recently released from Ansar II reported that at least 50 protesting prisoners had been placed in solitary confinement following the strikes. In a separate development, a report issued the preceding week by the Ramallah-based Mandela Institute stated that Palestinian prisoners in the interrogation sections of Ramallah prison were subjected to various kinds of physical and psychological torture while under interrogation. (Al-Fajr, 12 July 1993)

786. On 20 July 1993, a guard at Nablus prison narrowly escaped serious injury when a security prisoner Jassar (Abdallah) Doikat (or Dawikat), 24, from Nablus, stabbed him with a home-made knife. The prisoner has been remanded since 1990 on suspicion of attempting to murder soldiers by running them over with his car. (Ha'aretz, 21 July 1993; Jerusalem Post, 21 July 1993)

787. On 11 August 1993, it was reported that following a request made by the Association of Israeli-Palestinian Physicians for Human Rights, security prisoners serving sentences in the IDF-controlled Ketziot and Meggido prisons were to be allowed to see private doctors concerning medical problems. So far, only the inmates of prisons controlled by the Prison Service were allowed to consult independent doctors while security prisoners were not allowed to do this. (Ha'aretz, Jerusalem Post, 11 August 1993)

788. On 19 August 1993, some 400 Palestinian prisoners started a hunger strike in Hebron prison to protest "the deteriorating situation in the prison and the non-fulfilment of the agreement of October 1992" concluded between the prisoners and the Prison Services. The detainees also claimed that there was often no running water. The spokesman for the Prison Services indicated that the whole Hebron area was having problems with water due to construction work on the new water pipeline system. (Ha'aretz, 20 August 1993)

789. On 20 August 1993, remanded prisoner Sami (Suleiman al-) Za'arov (or Zu'rub), 33, from Gaza, was found dead in a Gaza prison clinic. A spokesman for the Prison Services stated that Za'arov, who was suspected of being an arms dealer for the "Fatah Hawks" group, had died of heart failure after treatment for pneumonia which he was to have contracted. Security officials denied in a strenuous manner the allegations that Za'arov had been tortured. The Association of Israeli-Palestinian Physicians for Human Rights demanded an inquiry concerning the death. (Ha'aretz, 22 August 1993; Jerusalem Post, 22, 23 August 1993)

790. On 25 August 1993, it was reported that since the beginning of the uprising, some 100,000 residents of the territories had been detained in military prisons in Israel. A decline in the number of detainees from the territories had been registered: 6,500 in 1993, in comparison with 7,300 in 1992, and 9,500 in 1991. More than 60 per cent of the detainees had already been sentenced and the procedure was being accelerated. A decline in the number of administrative detainees was also reported: from 1,500 at the beginning of the uprising to 300 this year. Altogether, some 6,500 residents of the territories were currently detained in military prisons in Israel. (Ha'aretz, 25 August 1993).

791. On 26 August 1993, the Israeli authorities rejected the request of the Association of Israeli-Palestinian Physicians for Human Rights to visit two Palestinian detainees in Jneid prison. The detainees, Sami Fawghra and Ahmed Abdel Kader Bani Mara, were serving 10- to 15-year prison terms and were suffering from a number of illnesses which could not be treated under detention conditions. (Al-Tali'ah, 26 August 1993)

E. Annexation and settlement

Oral evidence

792. Mr. Jad Elias Ishaq, the Director of the Applied Research Institute in Jerusalem provided the Special Committee with the following information about the annexation of land in the West Bank and Gaza Strip:

"During the past 26 years, land as a source of income for the Palestinians has been less and less accessible to Palestinians because of Israeli land confiscation and closure of areas. I cannot vouch which figures I shall use because most of the figures regarding land registration are not accessible to Palestinians. However, the figures currently circulated by Israeli academicians are that 60 per cent of the land in the West Bank and 40 per cent of the land in the Gaza Strip are not accessible to Palestinians." (Mr. Jad Elias Ishaq, witness No. 8, A/AC.145/RT.608/Add.1)

793. Mr. Rizk Hussein Chkeir Maraabi of Al Haq gave the Special Committee the following information concerning the policy of annexation pursued by the Israeli authorities:

"What has happened in the occupied territories for a number of years now is simply a de facto annexation. We have even gone beyond this stage now and we could call it a de jure annexation. Now, between 60 per cent and 70 per cent of the land in the occupied territories is in the hands of the Israelis, either the military occupation forces or the Israeli settlers. As for the Gaza Strip, 45 per cent approximately of the land is in the hands of the Israelis. ... The road network is a good example to demonstrate what is happening. Very extensive roadworks have been done around the Israeli settlements to facilitate communication between them. They often run parallel to Palestinian roads, but are more important and in better condition.

"I will give you another example of the building up of the Israeli infrastructure in the territories. When Rabin came to power, he declared that the development of settlements would be frozen. In fact, not at all, it has not been frozen. I would say that it has even been intensified since the Madrid Conference. Everyone who goes by any of the settlements can see with his own two eyes that the construction works are going on and progressing. They said that they are going to freeze the settlements. Perhaps the Government has stopped the financial subsidies for the building of settlements, but the legislation in force allows every settlement and every settler to grow and to prosper and to expand. Therefore, a settlement or a settler can obtain a permit to construct according to the law. So, in fact, there has been no freeze on the development of settlements.

"We do not have information on new settlements, but we know that existing settlements are expanding and, therefore, in the final analysis, the number of settlers is increasing. Settlements cover all parts of the occupied territories. In some parts, two settlements would be separated by a distance of 1 kilometre only. That is to say that there is a great proliferation of settlements. Also, these have wide limits which have or had not been fully utilized for building. The information we have is that more housing units have been created in the settlements themselves." (Mr. Rizk Hussein Chkeir Maraabi, witness No. 10, A/AC.145/RT.609)

794. A witness who testified before the Special Committee provided the following information about settlements:

"There are four settlements in the neighbourhood, some of them were built about 10 years ago, some two years ago. They are expanding them now. They took 40 dunums from me for the settlements and they uprooted trees. They offered to pay some compensation, but it wasn't enough and I refused to accept it. In the settlements, trees were uprooted once." (Mr. Ali Mohammed Ali Abu Ayash, witness No. 20, A/AC.145/RT.613)

795. He also informed the Special Committee about the environmental degradation in the occupied territories resulting from the policy of annexation pursued by the Israeli authorities:

"The Palestinian community used to rely on livestock production as a means for survival. ... Now, 85 per cent of this grazing area is under Israeli control. The potential of grazing areas in the occupied territories does not satisfy more than 15 per cent of our needs. Consequently, Palestinians overgraze their animals in what is left of the grazing areas and this, of course, greatly affects the soil. There is soil erosion which, ultimately, leads to desertification. We do not have exact figures about how much desertification is actually encroaching, but it is obvious to anybody who simply sees the occupied territories, or sees the satellite maps and the differences in colours between the green Israel and the desert in Palestine. Of course, they say that they managed to convert the desert into green areas, but they have done that by taking our water resources and converting our land into a desert.

"Take the settlement of Naharin, for instance. I can see it myself. There is an open sewage coming out of the settlement and destroying the Palestinian land. The same happens in many other settlements." (Mr. Jad Elias Ishaq, witness No. 8, A/AC.145/RT.608/Add.1)

796. Mr. Ishaq informed the Special Committee how the population of the occupied territories was deprived of good roads as a result of the Government's settlement policy:

"For instance, you can say which road is going to be good or bad. Any road leading to a settlement is asphalted, it is very wide and in good condition. Roads which do not go to settlements are rough and uncared for. Yet, the money used to build the good roads comes from our taxpayers and our taxes subsidize occupation." (Mr. Jad Elias Ishaq, witness No. 8, A/AC.145/RT.608/Add.1)

797. One witness indicated that houses are demolished at times even when a road is not built subsequently in the area:

"They destroyed my daughter's house, on the pretext that it was an ordinance for the road network or something like that.

"They destroyed 20 houses in the area and nothing was built, no road, nothing. We presented requests to be allowed to build the houses again, but we did not get the permits." (Mr. Ali Mohammed Ali Abu Ayash, witness No. 20, A/AC.145/RT.613)

798. Another witness informed the Special Committee that annexation continues even when landowners possess Israeli land titles:

"To give you an example, I was, together with 80 agronomists, government workers and technicians, trying to establish a housing cooperative. That was around 1976 or 1977. We purchased the land. Israel issued Israeli property titles for each plot of land we bought, but after one year, the land was confiscated. We said that we had titles, Israeli titles. They said that it was security, that for security reasons they could not give us the land. They have established a settlement there. I still have the titles and my colleagues also still have their titles." (Anonymous witness No. 5, A/AC.145/RT.608)

799. Mr. Chaker Joudeh, the head of the Syndicate of Agronomists in the occupied territories, described how the policy of annexation has affected the agricultural sector in the occupied territories:

"There are many problems in the agricultural sector as a result of the Israeli policies and practices. On the subject of production, I would say that the main problem facing the agricultural sector is the existence of the settlements and the confiscation of land. Usually, land is confiscated under the pretext of security and is being used for the establishment of Israeli settlements and for the construction of roads leading to these settlements. As a result, the Palestinian agricultural sector has lost an important percentage of productive and fertile land which is now cultivated by settlers. Also, large areas of grazing land have been lost for us on the grounds of security and they are cultivated with substitute crops.

"The Israeli policy is affecting Palestinian properties. A Palestinian farmer, if he wants to prove that he owns the land, has to reclaim land which is not economically profitable, just to be able to protect his land from being confiscated.

"Regarding forestry, Palestinians have not been able to carry out such activities because most of the areas which used to be natural or industrial forests have been confiscated and settlements have been built instead.

"Regarding the confiscation of land, I would like to give you the following figures. Between 1967 and 1985, the confiscated area amounted to 3,417,650 dunums. In 1986 and 1987, 15,083 dunums were confiscated, from December 1987 until December 1988, 6,300 dunums, from December 1988 until December 1989, 72,908 dunums, from December 1980 until December 1990, 74,929 dunums, from December 1990 until December 1991, 69,795 dunums. And from December 1991 until December 1992, 52,887 dunums were confiscated. The total of confiscated land amounts to 3,700,944 dunums. Up to the end of 1992, it represented 63 per cent of the total surface of land in the West Bank and 44 per cent in the Gaza Strip.

"I would also like to give you some figures regarding the uprooting of trees. The Israeli violations are not restricted to the confiscation of land, but also include the uprooting of productive trees under the pretext of building roads for the settlements or under other pretexts of security. The total number of uprooted trees in the West Bank by the end of the fifth year of the intifadah amounted to 203,930 trees, including 117,377 olive trees, 12,086 almond trees, 14,037 citrus trees, 33,217 grapes and 26,517 other trees." (Mr. Chaker Joudeh, witness No. 9, A/AC.145/RT.609)

800. Mr. Riyad H. Al Khoudary described one of the factors which contribute to the high population density in the occupied territories:

"If you read the news, the Gaza Strip is a burning area, a bit more so than the West Bank. Certainly, this is also because of the high density of the population. You have nearly 800,000 persons living on an area of 365 square kilometres. In addition to this, we have 4,000 settlers who make use of large areas. You know that Israel as occupying Power has allowed itself to appropriate the whole area that used to belong to the Egyptian governor before. When occupation started, Israel said that all governmental land was Israeli ground. It belonged to the Egyptian governor before, and now it belongs to the Israeli governor. This land was given to the Israeli settlers." (Mr. Riyad H. Al Khoudary, witness No. 13, A/AC.145/RT.610)

801. Accounts of the annexation and settlement policy pursued by the Israeli authorities in the occupied territories may be found in documents A/AC.145/RT.608 (anonymous witness), A/AC.145/RT.608/Add.1 (Mr. Jad Elias Ishaq), A/AC.145/RT.609 (Mr. Chaker Joudeh), A/AC.145/RT.609 (Mr. Rizk Hussein Chkeir Maraabi), A/AC.145/RT.610 (Mr. Riyad H. Al Khoudary), A/AC.145/RT.613 (Mr. Ali Mohammed Ali Abu Ayash).

Written information 27/

802. On 1 April 1993, it was reported that the IDF had surrounded with barbed wire some 70 dunums of land in Anabta, in the Tulkarm area, and had declared the land a restricted military zone. (Al-Fajr, 5 April 1993)

803. On 8 April 1993, troops took over the 15-dunum vegetable patch belonging to Ahmed Abu Ali, 55, which is located in Abassan village on the road linking Khan Younis and Rafah. They began bulldozing it in order to build a new base, without prior notification to the owner. The IDF stated that troops had taken over the land for operational purposes for a limited period, in accordance with the law. (Jerusalem Post, 9 April 1993)

804. On 21 April 1993, Jerusalem city officials, led by Mayor Teddy Kollek, confronted Arab planners over the controversial issue of housing in the Arab areas of the capital. Kollek challenged the Arabs to "start building" and stop blaming the municipality for their housing problems. The Arabs accused the municipality and the Government of discrimination against Arab areas, charging that this stalled development in eastern Jerusalem. When challenged by the Arab planners as to why numerous zoning plans for Arab neighbourhoods left much of the land off limits for development, the city officials acknowledged that a problem existed, but blamed it on government policy. It had been revealed recently that for the past 20 years, the Government had imposed a strict quota on the construction of new housing units in Arab neighbourhoods in order to slow down the population growth. (Jerusalem Post, 22 April 1993)

805. On 26 April 1993, some 20,000 Israelis marched through Gush Katif (Gaza Strip) in support of its settlers. (Ha'aretz, Jerusalem Post, 27 April 1993)

806. On 2 May 1993, the Israeli authorities started paving a new road for settlers in the Ramallah area. The road passes through land belonging to the Arab residents of Janiye village. (Al-Fajr, 10 May 1993)

807. On 3 May 1993, the Israeli authorities are reported to have confiscated about 5 dunums of land in the Bethlehem area, to be attached to the Ma'ale Amos and Takoah settlements. The area contained four wells of drinking water, leaving none for Palestinians. Palestinian farmers complained that IDF soldiers fired at them when they attempted to go to their fields. (Al-Fajr, 10 May 1993)

808. On 10 May 1993, residents of Beit El settlement clashed with soldiers who attempted to halt their demolition of a 50-metre stretch of road linking the settlement to the Jerusalem-Nablus highway. The settlers claimed that the road was needed to ensure security and pointed out that there was only one exit from Beit El. However, the Civil Administration, which ordered the road to be destroyed, claimed that it had been built without permission. (Ha'aretz, Jerusalem Post, 11 May 1993)

809. On 10 May 1993, Israeli bulldozers uprooted 60 olive trees in Karyut village in the Nablus area in order to pave the way for a new road serving Israeli settlements. Abed Hussein Abiyat, a resident of Bethlehem complained that settlers from Ma'ale Amos had uprooted 16 olive trees on his land. (Al-Fajr, 17 May 1993)

810. On 11 May 1993, the long-awaited westward expansion of Jerusalem was made official by the Minister of the Interior, Aryeh Deri, only hours before his letter of resignation was to take effect. The additional land, some 14,000 dunums, was to be used to build several new neighbourhoods that would comprise more than 10,000 housing units and at least two industrial parks. Most of the land adjoins the city to the west, while an additional several hundred dunums of land belonging to the Ramat Rashel kibbutz to the south of the city now also included the city limits. (Jerusalem Post, 12 May 1993)

811. On 19 May 1993, it was reported that Israeli bulldozers had uprooted dozens of olive trees in order to continue building road No. 60 that goes through the Beit Jala agricultural land and would eventually divide Khedr village into two. (Al-Tali'ah, 20 May 1993)

812. On 19 May 1993, the Israeli occupation authorities informed the residents of the Deir Kiddis and Na'alin villages in the the Ramallah area that hundreds of dunums of cultivated land belonging to the two villages had been expropriated. The authorities intended to uproot 2,000 olive trees. The confiscated land was to be used to expand the Kiryat Sefer settlement. Villagers indicated that they first heard of the confiscation two days earlier, whereas the Israeli authorities claimed that an official declaration concerning the confiscation had been made two months earlier in the local newspapers. Villagers filed a complaint in Beit Hanina. (Al-Fajr, 24 May 1993)

813. On 20 May 1993, it was reported that settlers had resumed work on several houses near the Beit Hadass building in Hebron. The work had been brought to a halt when the new Israeli Government came to power eight months earlier. (Al-Tali'ah, 20 May 1993)

814. On 24 May 1993, Israeli bulldozers carried out work in the Tulkarm area on land belonging to Ramin village. The intention was to expand the adjacent Enab settlement. (Al-Fajr, 31 May 1993)

815. On 7 June 1993, Israeli bulldozers uprooted olive groves in the village of Deir Qiddis in the Ramallah area, apparently with a view to facilitate the expansion of the nearby Kiryat settlement. (Al-Fajr, 14 June 1993)

816. On 8 June 1993, unidentified assailants set fire to over 200 dunums of land near the village of Sa'ir in the Hebron area. Some 2,000 olive trees were burned down. The land in question is located next to the Israeli settlement of Asfad. (Al-Fajr, 14 June 1993)

817. On 10 June 1993, a report by the Land and Water Organization for Studies and Legal Services showed that during the month of May 1993, the Israeli authorities had confiscated 805 dunums of land in the villages of Na'alin (Ramallah), Taku (Bethlehem) and Ramin (Tulkarm). About 440 trees have been uprooted in the villages of Yasuf and Karyut in the Nablus district during the same month. Sixteen additional trees were uprooted by settlers in Kissan, near Bethlehem. Four houses were demolished under the pretext of unauthorized building: in Beit Hanina, Issawiya and Hebron. (Al-Tali'ah, 10 June 1993)

818. On 24 June 1993, it was reported that work was under way on dozens of dunums of land belonging to the village of Deir Kadis, west of Ramallah. According to the inhabitants of nearby Arab villages, the work was carried out for the expansion of the Kfar Sifar settlement. (Al-Tali'ah, 24 June 1993)

819. On 24 June 1993, two reports published by the Land and Water Organization for Studies and Legal Services showed that during the months of April and May 1993, a total of 2,212 dunums of land had been seized by the Israeli authorities under various pretexts, mostly for settlement purposes. The land was seized from five villages: Al Jib Yata, Sau, Anabta, Taku and two towns: Na'alin and Ramin. During the same months, 1,706 trees were uprooted, mostly by Israeli settlers. In addition, 28 buildings have been demolished. In a related study, the Israeli newspaper Kohl Ha'ir reported that 408,520 dunums of land had been confiscated and 156,507 trees uprooted since the beginning of the intifadah in December 1987 until March 1993. (Al-Tali'ah, 24 June 1993)

820. On 28 June 1993, it was reported that hundreds of dunums of cultivated land in Beit Jala, near Bethlehem, have been destroyed and that several houses have been damaged since the Israeli authorities resumed the construction of a new highway. The highway was planned to link the Har Gilo settlement on the outskirts of Jerusalem to the Bethlehem and Hebron areas. Many landowners were served notices informing them that their land had been confiscated by the Israeli military authorities before work on the road had begun. They were not given detailed information about the exact boundaries of the confiscated land. (Al-Fajr, 28 June 1993)

821. On 1 July 1993, according to the residents of villages located west of Ramallah, work was under way in preparation for the construction of a new settlement which was to be named Talmoun 4. The new settlement would be located on a site called Jebel Al Deir, believed to belong mostly to the Wakfs of the Roman Orthodox Church. (Al-Tali'ah, 1 July 1993)

822. On 1 July 1993, the Israeli military authorities reportedly started work on about 110 dunums of cultivated land in the area of Al Sheikh Ajlin, south of Gaza City. (Al-Tali'ah, 1 July 1993)

823. On 5 July 1993, the Treasury and Housing Ministries revised their list of localities entitled to State housing incentives, removing such benefits from 11 areas, including a number of settlements in the territories (Ma'aleh Adumim, Alon Shvut, Elazar, Neveh Daniel). The incentives included grants and mortgages below the market rates. (Jerusalem Post, 6 July 1993; this information has also been referred to in Al-Tali'ah, 8 July 1993)

824. On 5 July 1993, Yael Leytir, a spokesman for the settlers' movement in the West Bank, reportedly announced that American and French Jews were investing heavily in the territories in an effort to increase the Jewish settler population in the city of Hebron. The funds had been used to buy 13 apartments in the city through Arab collaborators who posed as real estate agents. Leytir also revealed that a school for Talmudic studies would soon be opened in Hebron. The school was expected to house 400 students. The Israeli Housing Minister, Binyamin Ben-Eliezer, denied any knowledge of the operation. (Al-Fajr, 12 July 1993)

825. On 6 July 1993, it was reported that the construction of 1,800 new housing units had begun in Ma'aleh Adumim. (Jerusalem Post, 6 July 1993; this information has also been referred to in Al-Tali'ah, 8 July 1993)

826. On 7 July 1993, it was reported that, according to a study conducted by Gemolab, a leading real estate firm, the prices and sales of houses in numerous settlements had dropped significantly since last year's elections. The Deputy Director-General of Gemolab, Yitzhak Harash, indicated, however, that the satellite settlements around Jerusalem had not been affected by the decline, partly because of confidence that these areas would not be given up in a peace settlement. (Jerusalem Post, 7 July 1993)

827. On 15 July 1993, it was reported that seven Jews had moved into an apartment in the Muslim Quarter of Jerusalem that is owned by the Jerusalem-based "Hayei Olam" yeshiva. The family of Abd al-Jawad Awad Abu Rajab Fakhoury was evicted from the apartment on 12 July 1993 after failing to comply with a court order to leave the premises. Legal proceedings against the family reportedly began four to seven years earlier and ended three months prior to the eviction when a district court in Jerusalem upheld the eviction order. (Ha'aretz, 15 July 1993; Jerusalem Post, 15 July 1993)

828. On 20 July 1993, the residents of Gush Etzion continued to gather at the site where Mordechai Lipkin was killed two weeks earlier despite being evicted from the site twice during the same day by the IDF. (Ha'aretz, 21 July 1993; Jerusalem Post, 21 July 1993)

829. On 22 July 1993, it was reported that the Israeli Government was seriously considering agreeing to "a Jewish presence" in the area where Mordechai Lipkin was murdered on 8 July 1993 near the Tekoa settlement. The IDF had decided not to evacuate the Jewish settlers from the area. (Al-Tali'ah, 22 July 1993)

830. On 26 July 1993, a high-ranking source from the Jerusalem City Hall described as "absurd" Palestinian accusations that the municipal authorities were trying to change the face of the Temple Mount and of the Mount of Olives. The harsh reaction came after Palestinian leaders attacked the City Hall for promoting plans to re-zone more than 1,000 dunums of land on the Mount of Olives, to rebuild the Mugrabi Gate entrance to the Temple Mount, and to carry out excavations in the street next to the Entrance of the Chains. (Jerusalem Post, 27 July 1993)

831. On 29 July 1993, it was reported that work was under way for the construction of two settlement roads located west of Ramallah. The roads would pass through 2,040 dunums of land belonging to Palestinian villagers. (Al-Tali'ah, 29 July 1993)

832. On 5 August 1993, a report published by the Israeli daily Yediot Ahronot indicated that the sale of houses in settlements situated deep in the occupied territories had declined sharply. According to the newspaper, the decline in the sale of houses had reached 90 per cent in the Ariel settlement. On the other hand, the real estate market was flourishing in settlements near Jerusalem, in particular in Basghat Za'ev. (Al-Tali'ah, 5 August 1993)

833. On 5 August 1993, it was reported that residents of villages located north-west of Ramallah had protested against the planned building of a new road through their land which would serve the settlements of Na'alih and Neli. (Al-Tali'ah, 5 August 1993)

834. On 12 August 1993, it was reported that since July 1992, when Prime Minister Rabin took office, and March 1993, the Government had started to build 1,540 housing units in the Jewish settlements in the territories, as compared with 8,290 in all of Israel duing the same period. By way of contrast, the construction of some 6,670 units started in 1991 (during the Shamir Government) out of 61,600 for all Israel. (Ha'aretz, 12 August 1993)

835. On 16 August 1993, at a meeting with Housing Minister Binyamin Ben-Eliezer, MK Hanan Porat and "National Religious Party" MKs Yigal Bibi and Shaul Yahalom presented figures showing that more than 3,000 housing units which were completed and paid for in the West Bank remained empty because the Ministry was not giving permission for them to be sold or occupied. (Jerusalem Post, 17 August 1993)

836. On 22 August 1993, the Jerusalem municipality postponed indefinitely the building of an Arab girls' school in Beit Hanina on the grounds that the school might pose a security threat. Councillors from the Likud, the National Religious Party, and other religious factions claimed that the students of the school in question would be likely to throw stones at Israeli vehicles and the adjoining apartment buildings in Pisgat Ze'ev. The construction of another school, in the Wadi Joz area of the Mimoniya in eastern Jerusalem, has been delayed for some time, also on grounds that the students would represent a security risk. (Jerusalem Post, 23 August 1993)

F. Information concerning the occupied Syrian Arab Golan

Oral evidence

837. In a statement delivered before the Special Committee at Damascus on 28 April 1993, Mr. Khalil Abou Hadid, Director of the Department of International Organizations and Conferences of the Ministry of Foreign Affairs of the Syrian Arab Republic, referred to the situation in the occupied Syrian Arab Golan and stated in this connection:

"The Israeli authorities are still pursuing their repressive policy in regard to the Syrian Arab population, which is steadfastly resisting in its five occupied villages (Majdal Shams, Buq'ata, Ain Qunya, Mas'ada and al-Ghajar) in spite of oppression from the occupation authorities which are restricting freedoms, expropriating property, and engaging in other inhuman practices incompatible with international law and conventions concerning human rights.

"In contrast to the lack of most health and education services and the neglect of public utilities that has led to a constant deterioration in the situation in the other villages of the occupied Syrian Golan, the Israeli authorities are spending millions of dollars on the construction of new settlements in the Golan and the improvement of older settlements in order to entice new Jewish immigrants to settle in this territory in which they are total aliens.

"According to the statistics circulating in the Israeli press, there are 32 settlements in the Golan. However, a careful examination of the duplicated names of the settlements, checked against those referred to as having been constructed or included in the Golan settlement plan up to 1994, clearly shows that the number of settlements that already exist or are under construction amounts to 40. It is noteworthy that many of these settlements bear full or abbreviated names derived from the Torah, from names of alleged ancient Jewish settlements or from Hebrew corruptions of some Arabic place-names. This reveals not only the attempts that are being made to endow the territory with a Hebrew identity, but also the intention to perpetuate the Israeli occupation.

"About 15,000 Israeli settlers are living in the Golan and exploiting the territory's economic resources in various ways. An area of about 9,000 hectares of agricultural land has been allocated to the settlers, who are also exploiting an area of about 30,000 hectares of pastureland, and the authority responsible for environmental conservation is controlling the use of a further area of about 10,000 hectares.

"The occupation authorities are continuing to install increasing numbers of settlers in the Golan. Following the establishment of the settlement of "Brokhim" in the latter part of 1991, about 25 families were accommodated in that settlement and more new settlers were sent to the same settlement in February 1993. The "Meitar" kibbutz was resettled by new immigrant families on 23 August 1992 and is currently accommodating 100 settlers.

"The Rabin Government is fostering and encouraging trends in Israeli opinion which are in favour of increasing, intensifying and expanding the scope of settlement in order to create a domestic public opinion that is opposed to any hypothesis of future Israeli withdrawal from the Golan. In view of this encouragement, a new movement bearing the name "the Heights Belong to Israel" has been established with a view to strengthening Israel's hold on the Golan. The Golan Settlements Committee is also endeavouring to reactivate the Golan pressure group in the Knesset with a view to ensuring Israel's ongoing occupation of that territory and strengthening the settler presence therein.

"The Golan is among the richest territories in antiquities and archaeological sites from various historical eras. It contains about 210 archaeological sites, i.e. an average of one site in every 5 square kilometres of its area.

"Many of the archaeological sites are being devastated as a result of the military manoeuvres carried out by Israeli armed forces in the Golan. Armour-piercing shells and various types of explosives, as well as tank movements, have caused extensive damage to the stone reliefs and other archaeological relics that have existed in the territory for thousands of years.

"Israel has carried out excavations at dozens of sites, including Khisfin, Fiq, Kanaf, Wadi al-Hariri, Rajm al-Hawa, Tell al-Bazouk, Deir Quruh, Khirbat al-Rafid, Al-Dakka, Al-Kursi, Baniyas, Adnaniya, Sarman and Fakhoura.

"Israeli agricultural exploitation of the occupied territory of the Golan has been characterized by the expropriation of land and the seizure and exploitation of water resources.

"In view of the ban on the piping of water to the Arab villages, the Syrian Government has been obliged to supply drinking water to some of these villages whose own water supply has been diverted for the benefit of settlers. The occupation authorities also neglected to protect the Quneitra dam, as a result of which it was breached in the winter of 1992, causing considerable material damage through floods and landslides in the area around the town of Quneitra.

"The Arab population is prohibited from exploiting the water of Lake Mas'ada (Ram), which has a capacity of about 8 million cubic metres and belongs to the Municipality of Mas'ada. The water from this lake has been diverted to the Israeli settlements in the Golan.

"The Arab population is prohibited from drilling new wells and severe restrictions have been imposed on the use of old wells.

"The Israeli authorities have drilled numerous wells for the benefit of the Israeli settlements. At the settlement of "Aloni Habashan", for example, a well has been drilled to a depth of 286 metres and with a discharge rate of 100 cubic metres per hour.

"There is also a severe shortage of classrooms, particularly in the villages of Mas'ada and Majdal Shams, where most of the students are studying in buildings that fail to meet the requisite standards. This has an adverse effect on the educational process as a whole.

"Medical practitioners who have graduated from Damascus University are not permitted to open private clinics to exercise their profession. Consequently, the Syrian Arab population is forced to seek treatment inside occupied Palestine.

"The only pharmacy at which the population can obtain medication is situated in the village of Majdal Shams.

"By the end of 1992, 22 residents of the Israeli-occupied part of the Golan were incarcerated, under harsh conditions of detention like other Arab detainees.

"In December 1992, detainees from the Golan and other prisoners incarcerated in Ashkelon prison were bombarded with tear-gas grenades which the prison authorities threw into their cells when they protested at the severely overcrowded conditions in the prison, which was holding double the number of prisoners that it had been designed to accommodate. Many of the prisoners suffered from asphyxiation due to that gas. The prison inmates are also subjected to various forms of torture and sanitary conditions are deplorable in the prison, where there is a total lack of health care.

"A short while ago, the Israeli authorities attempted to purchase an area of 20 dunums of land from Muhsin Abu Salih at Mas'ada with a view to expanding a kibbutz there. When he refused to sell, the authorities prevented him from grazing his flocks, as a result of which he was forced to sell at half the price that the land was worth.

"On 17 April 1993, i.e. on the anniversary of the evacuation of foreign troops from Syria, the occupation authorities imposed a curfew to prevent the Syrian population of the Golan from celebrating that national event. On the eve of the anniversary, occupation troops took so-called 'security measures', such as the deployment of patrols and the erection of barriers on the roads linking the occupied villages, although these were of no avail in the face of the Arab population's determination to celebrate that national event.

"The Israeli occupation authorities arrested seven Syrian citizens who had participated in the celebrations in the occupied Syrian Golan Heights on the anniversary of the evacuation of foreign forces. Israeli police sources admitted that 10 Syrian citizens had been arrested and were facing penalties of several months' imprisonment. According to an Israeli radio report, an Israeli court had extended the period of detention of four residents of Majdal Shams who had been arrested during those celebrations, although it had ordered the release of two others." (Mr. Khalil Abou Hadid, A/AC.145/RT.494/Add.11)

838. The full statement of Mr. Khalil Abou Hadid relating to the occupied Syrian Arab Golan may be found in document A/AC.145/RT.617.

839. On 29 April 1993, the members of the Special Committee visited a locality in Quneitra province opposite Majdal Shams village in the occupied Syrian Arab Golan. This particular location had been chosen by persons in the Syrian Arab Republic who wish to communicate with their relatives and friends in the occupied Syrian Arab Golan because of the facility it provides for oral communication, which is permitted between 6 a.m. and 6 p.m. every day. The persons who wish to speak are obliged to do so at a distance of approximately half a kilometre. They are separated by a ravine at the bottom of which is the demarcation line marked with barbed wire and around which mines have been laid. This has been the only way numerous persons have been able to communicate with their families and friends since the beginning of the occupation. The members of the Special Committee were able to communicate from Quneitra province with a person (name known to the Special Committee) from Majdal Shams through the use of a me

gaphone. The Chairman gave a brief explanation of the Special Committee's mandate and was subsequently informed that numerous human rights violations such as the confiscation of land and of water resources were committed in the occupied Syrian Arab Golan. The witness explained that the inhabitants of the occupied territories were not even allowed to use rainwater in order to satisfy their water needs. In addition, the Syrian educational curriculum was substituted by an Israeli curriculum and a number of teachers were brought from Israel. An extremely high rate of taxation was applied to all inhabitants of the occupied Syrian Arab Golan. Acts of violence were perpetrated against the Arab population and arrests were reportedly frequent, at times involving even children. The witness informed the Special Committee about the inhabitants of the Syrian Arab Golan who were arrested on 17 April 1993 and indicated that he himself had been arrested 14 times in five years. The members of the Special Committee ask

ed their interlocutor whether he feared arrest after speaking to them and he indicated that he did not exclude the possibility.

Written information 28/

(a) Information contained in the Israeli press and in the Arab press published in the occupied territories

840. On 5 April 1993, it was reported that the Housing Ministry was launching a Passover campaign to sell scores of new houses in Katzrin on the Golan Heights, at low prices. Two hundred and fifty apartments were being placed on the market in the first phase, out of the nearly 700 that were being constructed in the township. (Jerusalem Post, 5 April 1993)

841. On 9 April 1993, it was reported that almost 200 families had already registered to buy the 250 apartments offered for sale during the first phase of the campaign launched in Katzrin, in the Golan Heights. (Jerusalem Post, 9 April 1993)

842. On 15 April 1993, a group of settlers calling themselves "Hermonim" moved into temporary empty accommodation in Moshav Har Odem, in northern Golan, near the Druze village of Mas'ade, in preparation for the establishment of a proposed new settlement. (Ha'aretz, Jerusalem Post, 15 April 1993)

843. On 16 and 17 April 1993, 10 to 12 policemen were injured by stone-throwers in riots staged by Druzes from the Golan Heights, who were demonstrating in Majdal Shams in order to mark the Syrian Independence Day. (Ha'aretz, Jerusalem Post, 18 April 1993)

844. On 28 April 1993, it was reported that the Golan Settlers Committee had decided to speed up the establishment of two proposed new settlements in the Golan Heights (one near Nimrod's fortress at the foot of Mount Hermon and the other one in the "Hermonim") as part of an intensive campaign to press for the retention of Israeli sovereignty over the area. (Jerusalem Post, 28 April 1993)

845. On 5 May 1993, Sami Bar-Lev, Chairman of Katserin settlements, stated that the Israeli Government should expect "irrational acts" by settlers if Israel decided to withdraw from the Golan Heights. (Al-Tali'ah, 5 May 1993)

846. On 9 May 1993, thousands of children and teenagers from the Bnai Akiva movement and religious Zionist groups took part in a march and rally in the Golan Heights, in solidarity with the residents who were struggling to retain Israeli sovereignty over the region. (Jerusalem Post, 10 May 1993)

847. On 17 May 1993, a Syrian Druze woman crossed into Israel to marry a resident of the Druze Ein Kiniyeh village in the Golan Heights. (Jerusalem Post, 18 May 1993)

848. On 8 June 1993, the Chairman of the Special Committee received a communication from the Government of the Syrian Arab Republic containing the names of the 13 persons from Majdal Shams in the occupied Syrian Arab Golan who were arrested on 17 and 18 April 1993 during celebrations of the Syrian National Day. The following names were provided:

1. Izeldin Hussain Ibrahim

2. Imad Yossef Ibrahim

3. Izat Mahmud Abou Zeid

4. Riad Salman Mahmud, aged 14; he is reported to have been placed under house arrest for two months and fined with US$ 10,000

5. Amal Hamad Oweidan; he is reported to have also been placed under house arrest for two months and fined with US$ 10,000

6. Mounjd Hani Abou Zeid, aged 12

7. Ali Kassem Ibrahim

8. Hafez Mahmoud Mahmoud

9. Yossef Madah

10. Hikmat Yossef Madah

11. Ahmad Salem Khater

12. Adel Salem Abou Habal

13. Yossef Salman Abou Saleh.

849. On 16 June 1993, Finance Minister Avraham Shohat stated that no long-term investments should be approved in the Golan Heights because of the negotiations with the Syrian Arab Republic. He indicated that the Government had taken no decision in this respect and that he expressed his own opinion. Despite Shohat's statement in the Knesset, the director of the Investment Centre of the Industry and Trade Ministry, Moshe Dovrat, stated that there was no government directive not to approve projects in the Golan. He indicated that since the beginning of the year, eight projects valued at $10 million had been approved in the Golan. (Jerusalem Post, 17 June 1993)

850. On 1 July 1993, a group of 23 Druze students from the Golan Heights, who were studying at Syrian universities returned home for summer vacation. A former student who went to study in the Syrian Arab Republic in 1980 and had married and settled there also returned with the group, which crossed the border at the Quneitra Gate. Some 70 Druze students from the Golan Heights are currently studying in Syria. (Ha'aretz, Jerusalem Post, 2 July 1993)

851. On 10 July 1993, the residents of Tekoa pledged to set up a new settlement in the area where Mordechai Lipkin was murdered on 8 July, in defiance of IDF roadblocks which had been set up to keep the residents from reaching the site. (Jerusalem Post, 11 July 1993)

852. On 14 July 1993, the police thwarted a plan by scores of Golan Heights residents to establish an illegal settlement in the region. Three trucks carrying containers, each believed to hold a caravan, were intercepted and stopped by the police in the Tiberias area before they could reach the Golan. Two additional trucks, however, completed the journey to Moshav Sha'al, on the northern reaches of the Heights, where they were surrounded by residents, many of whom formed a blockade with their cars in order to stop the containers from being removed. (Ha'aretz, 15 July 1993; Jerusalem Post, 15 July 1993)

853. On 19 August 1993, according to the Israeli daily Ha'aretz, seven new houses were built on a site in the north of the Golan Heights while the building of a new settlement, to be called Dor Golan, was to be announced a few days later. A week later, official invitations were sent for the inauguration of the new settlement on 30 August 1993. (Al-Tali'ah, 19 and 26 August 1993)

854. On 26 August 1993, the Minister for Foreign Affairs Shimon Peres, indicated that the Government would "dismantle" the new Dor Golan settlement if it were determined that it was illegal. Dor Golan was established on 25 August on the agricultural lands connected to Moshav Sha'al, and was reportedly only a "temporary" settlement whose residents eventually hoped to move to what was currently a Nahal army outpost called Nimrod, further north on the Golan. According to Sami Bar-Lev, the head of the Katserin Local Council, the settlement which housed seven families and 20 single persons had received all the necessary buildings permits from the Golan Regional Council. (Ha'aretz, 18 August 1993; Jerusalem Post, 27 August 1993)

V. CONCLUSIONS

855. The following conclusions have been formulated on the basis of a careful evaluation of the information reflected in the two periodic reports and in the present report of the Special Committee and have been prepared in accordance with the mandate of the Special Committee under the terms of General Assembly resolution 47/70. Since the twenty-fourth report was adopted on 26 August 1992, the conclusions thus cover the period from 27 August 1992 to 27 August 1993. The two periodic reports cover the period from 23 August to 30 November 1992 (A/48/96) and from 1 December 1992 to 31 March 1993 (A/48/278), respectively, while the present report concerns the period from 1 April to 27 August 1993.

856. The unabated intensity and increased frequency of incidents that occurred during the period under consideration and the large amount of information on the human rights situation received and examined by the Special Committee may not be totally reflected in these reports. However, the Special Committee has endeavoured, within the constraints imposed by the specific regulations concerning the length of United Nations documents, to include in its reports, as faithfully as possible, samples of the information it has received in order to illustrate in the best possible manner the situation of human rights in the occupied territories during the period covered by these reports.

857. Since its establishment in 1968, the Special Committee has repeatedly tried to obtain the cooperation of the Government of Israel but has consistently been denied such cooperation so far. During the current reporting period, the Committee has once again addressed a letter to the Secretary-General seeking his intervention in order to convince the Israeli Government to cooperate. Regretfully, the Israeli authorities have continued to withhold their cooperation.

858. However, the Special Committee has been able to benefit from the cooperation of the Governments of Egypt, Jordan and the Syrian Arab Republic, and of various Palestinian representatives. Having been precluded from visiting the occupied territories, in addition to its regular meetings at Geneva, the Special Committee once again travelled to Damascus, Amman and Cairo in April and May of this year where it heard the testimonies of persons with first-hand knowledge and personal as well as recent experience of the situation of human rights in the occupied territories. In addition, the Special Committee followed the situation in the occupied territories on a day-to-day basis through reports appearing in the Israeli press and the Arab press published in the occupied territories. The Special Committee also examined a number of valuable communications and reports from Governments, organizations and individuals concerning the occupied territories that reached it during the period relevant to the present repo

rt.

859. On the basis of the information and evidence placed before it, the Special Committee is of the view that during the period under review, the human rights situation of Palestinians and other Arabs in the occupied territories has continued to be critical even after the taking of office in June 1992 of the Government headed by Prime Minister Yitzhak Rabin. It thus remains a matter of serious concern for the Special Committee. The increased severity of the measures of repression of the popular uprising implemented by the Israeli authorities, the introduction of new, particularly unjust measures of collective punishment on an unprecedented scale, the massive expulsion of Palestinians and other Arabs from the occupied territories, the closure of the occupied territories on 31 March 1993 resulting in their de facto division into four separate parts, have brought the population to a state of despair which entails grave and long-lasting psychological, social and economic consequences.

860. Since the outset of its activities, the Special Committee has stressed that occupation itself constitutes a violation of human rights and considers that the aggravation of hardships suffered by the population of the occupied territories derives from this fact and the intensified persecution to which it has been subjected during the period under review. In violation of its obligations as a State party to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, Israel has continued to implement its policy based on the consideration that certain territories it has occupied since 1967 constitute a part of the State of Israel and has persistently imposed its laws, jurisdiction and administration on the occupied territories.

861. The Fourth Geneva Convention stipulates that military occupation is to be considered as a temporary, de facto situation giving no right whatsoever to the occupying Power over the territorial integrity of the occupied territories. The Israeli authorities have, however, continued to pursue their policy of annexation which has resulted in the expropriation of land, diversion of water resources, uprooting of trees and the building of an infrastructure of roads linking settlements. Although the Israeli authorities had suggested a shift in budget allocations away from settlements, the expansion of existing settlements has continued.

862. Despite the Government's pledge not to build any new settlements, the expansion of existing ones has been pursued. On the basis of the information it has received, the Special Committee noted the reported expansion of the following settlements: Ofra, Moshav Ganai Tal, Ma'ali Amos, Takoa, Kiryat Sefer, Enab, Kiryat, Sweish, Asfad, Kfar Sifar and Ma'aleh Adumim where the construction of 1,800 new housing units had begun on 6 July 1993. Newspapers reported that 43 settlements were expanded and that settlement activities were particularly intensive in the district of Bethlehem, followed by the districts of Nablus and Tulkarm. (Al-Tali'ah, 11 March 1993; A/48/278, para. 529) The Special Committee has received no evidence that new settlements have been established since the Rabin Government took office. However, it was reported that according to the residents of villages located west of Ramallah, work was under way in preparation for the construction of a new settlement which was to be named Talmoun 4

. (Al-Tali'ah, 1 July 1993; see para. 821 above)

863. In this context, it should be noted that the Council of Jewish Communities in the West Bank and Gaza indicated that there were already 127,000 Jews living in the settlements. An extensive demographic study published on 30 November 1992 by the "Peace Now" movement showed that there were 144 Jewish settlements in the territories. (Ha'aretz, Jerusalem Post, 1 December 1992; see A/48/96, para 59). On 17 January 1993, the "Peace Now" movement reported that a survey it had recently conducted in the territories showed that new building had started since the Rabin Government took office, in addition to the 11,000 housing units the Government had pledged to complete. A total of 277,000 dunums were confiscated during the first five years of the intifadah. (Al-Tali'ah, 11 March 1993; A/48/278, para. 529)

864. The overall situation regarding annexation has been described in the following manner:

"The total of confiscated land amounts to 3,700,944 dunums. Up to the end of 1992, it represented 63 per cent of the total surface of land in the West Bank and 44 per cent in the Gaza Strip." (See para. 799 above)

"The Palestinian community used to rely on livestock production as a means for survival. ... Now, 85 per cent of this grazing area in under Israeli control." (See para. 795 above)

865. It would appear that not even Israeli land titles could prevent the confiscation of land. A witness stated the following in this regard:

"We purchased the land. Israel issued Israeli property titles for each plot of land we bought, but after one year, the land was confiscated. We said that we had titles, Israeli titles. They said that it was security, that for security reasons they could not give us the land. They have established a settlement there." (See para. 798 above)

866. As regards the situation of human rights, the resistance of Palestinian and other Arab civilians against the occupation has continued during the current, sixth year of the popular uprising. Since mid-1992, the Israeli authorities have implemented particularly harsh measures to quell the uprising and the resistance to the occupation, without taking account of the proportionality warranted by the offences. The Special Committee was concerned by the increase in the number of deaths of innocent civilians, particularly of small children, that were the result of indiscriminate and random shooting by Israeli troops. It should also be noted that during the current reporting period, there has been a sharp increase in the number of deaths among Israelis.

867. The particularly heavy loss of human life and the severe and widespread injuries inflicted on all categories of civilians, including women and small children, during army raids, demonstrations and clashes with soldiers, border policemen and settlers has aggravated further the already serious climate of violence and tension prevailing in the occupied territories. Numerous persons who were killed were not involved in violent actions but were simply walking in the street. Witnesses who testified before the Special Committee spoke of more frequent use of live ammunition as well as rubber and plastic-coated bullets. The use of explosive bullets was also signalled in a number of cases and the members of the Special Committee were shown photographs of the victims. It has been reported that Israeli forces have resorted increasingly to the use of marksmen posted on rooftops.

868. In this regard, one witness provided the following examples:

"I could mention here the case of Mariam Abou Dera' from Nuseirat. She was born in 1959. She was standing at the entrance door of her house and waving to her children as they were going to school. She received a bullet in the eye. It penetrated into the skull. That was on 23 April 1993.

"I'll also mention the case of Khaled Abu Shareikh. He was just nine years old. His mother had sent him early in the morning, around seven o'clock, to buy beans and 'falafel' for the family breakfast. On his way, he received two bullets in the chest.

"Rana Abu Tuyur, from Khan Younis, was eight years and four months old. There was a curfew in the refugee camp. When it was lifted for a couple of hours to allow women and girls to buy food, she was asked by the neighbour to go and buy some milk for her. Only a few yards away from where she was, she received three bullets and died on the spot." (See para. 144 above)

869. According to B'tselem, the Israeli Information Centre for Human Rights in the Occupied Territories, during the last nine months of the Shamir Government, 79 Palestinians were killed by security forces as opposed to 125 who were killed during the first nine months of the Rabin administration. B'tselem also indicated that the number of children killed during the first six months of the current Government represents a 180 per cent increase in fatalities in comparison with the corresponding period of the previous administration. In a report published on 18 May 1993, B'tselem maintained that more youths and children under the age of 16 (a total of 34) had been killed between 9 December 1992 and 16 May 1993 than in any corresponding period during the past five years. (Jerusalem Post, 18 May 1993; see para. 67 above)

870. On 3 June 1993, it was reported that mental health experts told the Knesset Human Rights Caucus that the violence and brutality which Palestinian children were exposed to in the administered territories would have repercussions on Israeli society for generations. The Caucus was meeting to discuss a report on the situation of Palestinian children published by Defense for Children International, a Geneva-based non-governmental organization. (Jerusalem Post, 3 June 1993)

871. The Special Committee was informed that the pronounced increase in the number of deaths among the civilian population of the occupied territories may be attributed to an additional modification of instructions issued to soldiers regarding rules for opening fire. On 31 March 1993, it was reported that the army would implement new measures, including the opening of fire without warning at armed Palestinians. According to the instructions issued by the IDF Judge Advocate-General's office, soldiers and other security personnel would now be authorized to shoot Palestinians carrying guns even if they did not actually threaten to open fire at them. Soldiers have reportedly also been ordered to shoot in all cases of riots. (Ha'aretz, Jerusalem Post, 31 March 1993; see A/48/278, para. 59) In May 1993, the representative of B'tselem stated the following:

"Approximately one and a half month ago, there was the announcement of a change in the open-fire regulations for all regular armed forces of the IDF. The officer in command of the Southern Command, Matan Vilnai, stated that any one carrying arms could be fired at with the intention to hit him without first going through the procedure for apprehending a suspect. Prior to this period, fire without undergoing the procedure for apprehending a suspect could only be opened in a situation of life danger. The procedure for apprehending a suspect consists of three stages: first, calling out a warning 'stop or I shoot', secondly, shooting in the air, and then, thirdly, shooting at the legs. Now, apparently, these stages are not considered necessary. ... Firing above the waist is prohibited unless there is life danger. That was the case in the past. Now, permission has been given to fire above the waist without a warning at anyone who is armed, even if there is no life danger." (See para. 146 above)

872. On 6 January 1993, a member of the Knesset, Dedi Zucker, claimed that the number of Palestinians who were killed in the territories had more than tripled over the past few months, clearly indicating that the army had changed its open-fire regulations. ... Another feature of the killings during the past three months was that the victims were unarmed and that the threat they posed was relatively small, both because of the persons' relatively young age and the fact that they were killed during demonstrations rather than in more violent incidents. (Jerusalem Post, 7 January 1993)

873. During the period under review, the Israeli Defence Forces (IDF) have pursued their policy of carrying out undercover operations in the occupied territories. The representative of the B'tselem human rights organization stated the following:

"From the beginning of the intifadah till November 1992, 110 of the 923 Palestinians killed by security forces were killed by undercover units. There is much questioning about what kind of open-fire regulations these units are operating under. ... it is not seen that in most cases the army shoots to kill, in other words, that they go out to the field in order to actually kill wanted suspects. There are hundreds of cases in which suspects are caught and not killed and 110 in which suspects were caught by undercover agents and killed. Again, I would say that there were several disturbing incidents in which suspects were shot and killed after they were in custody, that is after they were caught. There was an additional case in which an undercover agent was mistakenly shot after he was caught and killed, and, unfortunately, this did not succeed in leading to a re-evaluation of the open-fire regulations of these units, regulations which are confidential." (See para. 146 above)

874. Another witness stated the following:

"Eyewitnesses have said that, in many cases, the victims were not even given a chance to surrender. In many other cases, the victims were fired at while they were not carrying any weapons or while they were holding their hands up in a sign of surrender to the soldiers. They were also fired at or beaten while they were lying on the ground wounded. In other words, they were wounded and then they were killed or beaten up." (See para. 147 above)

875. One witness indicated that undercover units also resorted to disguises:

"The soldiers come disguised as women, wearing a dress, make-up, lipstick, with their hair covered and high heels. Well, the whole thing! They knock at the door. The woman in the house looks and finds another woman at the door. So, she opens the door and then, suddenly, the forces crash in and grab the young men from the house." (See para. 153 above)

876. During the period under review, deficiencies have continued to be noted concerning the administration of justice. Although the overall number of cases of administrative detention has been reduced, information has reached the Special Committee that some 300 persons are currently detained at the Ketziot (Ansar III) detention camp in the Negev desert. Arbitrary arrests have continued to take place and administrative detention often lasted for excessive periods, reportedly in excess of two years. The Special Committee noted, however, the release of 800 political detainees in September 1992. On 2 November 1992, the Israeli Information Centre for Human Rights, B'Tselem, reported that over 14,000 administrative detention orders had been issued against Palestinians from the occupied territories since the beginning of the intifadah. In its report released on 28 October 1992 entitled "Detained without trial: Administrative detention in the occupied territories since the beginning of the intifadah", B'tsel

em stated that most of those detained had been interned without trial for six months. (Ha'aretz, Jerusalem Post, 31 May 1993; Al-Fajr, 2 November 1992)

877. The Special Committee continued to observe the sharp contrast between the severity of the sentences, often disproportionate to the offence, imposed on the Arab population and the leniency from which Israelis have continued to benefit even when charged with the killing of Arab civilians. On 8 September 1992, the Hebron Military Court sentenced Sami Ismail Isa, 24, from el-Hader (West Bank), to 25 years of imprisonment for planting bombs and for belonging to the Popular Front. (Ha'aretz, 9 September 1992) On 17 June 1993, a stone-thrower from the Hawada village in the Nablus district was sentenced by the Ramallah Military Court to two years of imprisonment and a one-year suspended sentence. (Ha'aretz, 18 June 1993; see para. 357 above) On 28 June 1993, the Nablus Military Court sentenced a young woman from Tulkarm to five years of imprisonment and a five-year suspended sentence for membership in a hostile organization. (Ha'aretz, 29 June 1993; see para. 360 above) On 6 July 1993, the Nablus Milit

ary Court sentenced a youth from Nablus aged 19 to 30 months of imprisonment and a 30-month suspended sentence for throwing stones at an Israeli bus in Nablus. (Ha'aretz, 7 July 1993; see para. 366 above) On 15 October 1992, it was reported that Adnan al-Afandi, 27, from the Dheisheh refugee camp, was sentenced by the Jerusalem District Court to 30 years of imprisonment for the attempted murder of two Israeli youths on 9 May 1992. (Ha'aretz, 15 October 1992)

878. During the same reporting period, on 19 January 1993, an Israeli army officer was sentenced to six months in prison by a military court for shooting and killing a Palestinian, Mahmoud Zakarneh, in Kabatiya in 1991. The sentence was light because the officer was convicted of "negligence" instead of manslaughter. (Al-Fajr, 25 January 1993) On 7 February 1993, the Tel Aviv District Court sentenced Igal Sasson, 28, to six months of community service and one year suspended for causing the death of Moritafa Rulab, an Arab bus conductor, in Nablus on 6 February 1990. (Ha'aretz, 8 February 1993) On 21 February 1993, policeman Issachar Magen, from Yarne, was sentenced to six months' community service after being convicted of brutally beating up an Arab suspect. (Jerusalem Post, 22 February 1993) On 23 March 1993, a Second Lieutenant was tried and sentenced to 14 days in prison for shooting to death a 12-year-old boy in Rafah on 22 March 1993. The IDF spokesman stated that the boy, Mohammed Jarbu'a (or

Mahmoud Taoufik Abd el-Jarbura), who was known to be mentally disturbed, was shot and killed by mistake by the officer when he aimed a toy rifle at an IDF post located on a rooftop. (Ha'aretz, Jerusalem Post, 24 March 1993) On 2 July 1993, Meir Biton, a reserve major accused of manslaughter in the death of an Arab youth during a riot in the Tulkarm refugee camp on 31 May 1990, was acquitted by the Netanya Magistrates Court. (Ha'aretz, Jerusalem Post, 2 July 1993)

879. During the period under review, the status and treatment of prisoners has continued to be critical and has remained a source of considerable preoccupation for the Special Committee. Detainees were still subjected in a systematic manner to various forms of both physical and psychological torture and ill-treatment such as spending long periods in isolation cells, uninterrupted interrogation sessions, food and sleep deprivation, denial of use of sanitary facilities, position abuse, confinement in refrigerated rooms with cold water poured over them and having their heads covered with a sack. On 28 October 1992, the B'tselem human rights information centre reported that administrative detainees were often treated worse than prisoners who had been sentenced. (Ha'aretz and Jerusalem Post, 29 October 1992) The Special Committee was informed about the treatment of an administrative detainee in Nablus prison:

"Interrogators in the prisons of Nablus and Hebron used ill-treatment in a methodical way during interrogation. In Nablus, for instance, the detainees were put in the positions called the 'shabah' for very long periods of time, handcuffed and forced to remain in very uncomfortable positions for hours. The detainees were also put in what is called the 'refrigeration room' for long hours. Loud and violent music was also played in the cells so that the prisoners could not go to sleep. One of the detainees was handcuffed to his feet behind his back for four consecutive days and a table was placed between his legs. He was also beaten on his genital organs. The interrogators told him that the special units would have killed him had he not surrendered. He was later released without any accusation against him." (See para. 749 above)

880. A representative of the Mandela Institute for Political Prisoners stated what happened to a collaborator of the Institute while he was in administrative detention:

"He was tortured, both physically and psychologically. When I speak of physical torture, I do not mean that he was just beaten. He was ordered to take certain positions for hours. He was not allowed to sleep or to go to the toilet for days. This would go on for days and days, from Monday morning until Friday evening, because the interrogators begin the Sabbath on Friday evening. It ends at dawn on Sunday and this is the only time when the prisoner can have a rest. He does not sleep, because he is put into what is called the 'refrigerator'. It is a small room of 2 metres by 1.5 metres, with a temperature between five and seven degrees due to air conditioning blasting into the room. ... The interrogators also used the 'shabah', that is to say they put him on a small chair, hands and legs tied, and he is not allowed to sleep or to rest for a whole week. The following week, he was ordered to stand for days on end with his hands tied behind him and his legs tied as well, and with a bag on his head. Als

o, his arms were tied at a higher level above him. They tie the arms with a chain, the chain is fixed to the wall so that his arms are at shoulder level behind his back, his head is covered with a bag." (See para. 748 above)

881. According to the rules formulated in 1987 by the Landau Commission which was formed to investigate charges of torture against prisoners, GSS interrogators were allowed to use "moderate physical pressure" against security detainees when a detainee was suspected of knowing information essential to an investigation, and when all other methods of interrogation had failed. (Ha'aretz, Jerusalem Post, 27 April 1993) The effects of such treatment were described by witnesses who testified before the Special Committee:

"Prisoners victims of such torture often have psychological problems and they have pains in the back. They also suffer from spinal diseases. Many prisoners have ulcers, especially those who have spent long periods in the interrogation sections. They suffer from haemorrhoids because during the cold season, the interrogators keep pouring cold water on the prisoners and their clothes are kept wet. These are the means used against the prisoners. They don't beat them, but they use such methods of constant physical pressure. And these, in turn, can have psychological effects." (See para. 748 above)

"The medical teams who visit these people at our request have found out that prisoners suffer increasingly from psychological depression and other problems, as a result of the enormous psychological pressure exercised by the Israeli authorities, be it during the interrogation or when in prison itself, until the trial or even after the trial." (See para. 743 above)

882. Statistics on 500 local residents showed that over 96 per cent stated that they had been subjected to various forms of torture while in prison or detention, for periods ranging from six months to 10 years. (Ha'aretz, Jerusalem Post, 9 June 1993; see para. 772 above) In addition, it was revealed that doctors examining security detainees had to sign a form declaring that prisoners were medically fit to be chained and blindfolded. When a security prisoner is detained for interrogation, he is examined by a doctor who is obliged to note medical findings and "limitations". The form indicates that the doctor has to determine whether "there are any medical limitations to keeping a prisoner in an isolated cell, chained, wearing head/eyes covering, prolonged standing". (Jerusalem Post, 14 June 1993; see para. 773 above)

883. The harassment of the families of detainees by subjecting them to physical and psychological pressure has continued. A witness who testified before the Special Committee in 1993 stated the following in this regard:

"My brother was detained after my arrest. My mother was subjected more than once to beatings during the daily search of our house. Sometimes they would even come twice a day to search the house, together with the intelligence forces. They would come at any hour of the day or the night to try to find me. My wife was also interrogated when they came to search the house. They came three times because they thought that I was hiding in one corner of the house. They would come and search the house, leave and come again 10 minutes later, through the doors or through the windows. They interrogated my wife. They thought that I was there and they wanted to extract a confession from her about where I was." (See para. 403 above)

884. A witness who testified before the Special Committee in 1993 provided the following information about the conditions of health under detention:

"There is also a growing number of diseases spreading among the prisoners ... because of the growing number of inmates in the cells Medical care is still insufficient. Medical examinations are carried out by nurses and not by doctors. ... The medication given is sedatives, whatever the disease. ... In some cases, the prisoner may wait for two years or two and a half years before he is sent to hospital for surgery. Often, such surgery is to remove bullets from the body of the prisoner. ... Another factor prisoners are suffering from is the policy of isolation ... Some prisoners have remained three years in such isolation cells." (See para. 743 above)

885. Deaths in custody and suicides of prisoners have continued to occur in Israeli prisons and detention centres. On 3 April 1993, Ayman Nasser, a member of the "Fatah Hawks" aged 23, died in Barzilai Hospital as a result of lung damage and septic shock which were reportedly caused by smoke inhalation and injuries sustained at the time of his arrest on 20 March 1993 and the extensive interrogation which ensued. Nasser was said to have been beaten, handcuffed, hooded and subjected to sleep and food deprivation and did not receive adequate medical care in proper time. (See para. 753 above) On 15 February 1993, a 34-year-old security prisoner was found hanging in his cell in Beersheba prison after having served almost eight years of an 18-year prison sentence. In addition, Mohammed Salameh Jundi, from the Aroub refugee camp, died on 15 May 1993 of burn wounds in Hebron prison after he had set fire to his cell a week earlier. (See para. 766 above)

886. More than 5,000 prisoners staged a widely followed hunger strike on 27 September 1992 to protest against their conditions of detention. They demanded, inter alia, permission to work after three years of detention for prisoners serving life and lengthy sentences, continuation of education, medical treatment by specialists at the expense of the family, the appointment of a permanent female physician in Tel Mund prison for women and information about instructions regarding punishment procedures. The principal issues were the closure of isolation cells in the Nitzan and Beersheba prisons and the release for home care of long-term prisoners who were either too old or too sick to represent a security threat. The prisoners also demanded free movement between cell blocks, better food, more family visits, less crowding and fewer searches. In May 1993, a representative of the Mandela Institute informed the Special Committee that approximately 30 per cent of the prisoners' demands had been met at that time.

887. Harassment against the civilian population of the occupied territories has continued during the current reporting period. The categories of the population who have been particularly affected by this practice are persons who are suspected of harbouring wanted persons and the families and relatives of detainees. The Special Committee was also informed that journalists have been harassed by security forces when filming clashes between them and the population of the occupied territories. A number of witnesses stated that tax officials would harass the owners of businesses when going through their records in order to determine the amount of taxes they had to pay. Young persons, especially men, are often reported to be subjected to humiliating treatment at roadblocks and checkpoints.

888. One witness provided the following account of an incident which took place in the Tulkarm area:

"The soldiers mixed together all the food products, flour with oil, oil with lentils, and so on. They just emptied the kitchen and mixed together everything they could find. They also put on some music and started dancing. The music was very loud. They broke everything, all the kitchen utensils, saying that they were not going to leave anything in the house in good shape. When they went out, the family discovered that they had actually literally destroyed everything." (See para. 408 above)

889. The daughter of one of the long-term deportees who was allowed to return in May 1993 to the occupied territories after 24 years in exile described how she was treated at the border crossing when she wanted to greet her father and accompany him home:

"When we crossed the bridge, supposedly we were going to be treated decently. On the contrary, the procedures were really harsh for the deportees and their families. We were about 50 persons altogether. They searched all our suitcases, item by item. Our clothes had to be taken off. This was not for the deportees, but for their families. I was one of them. I had to take everything off, including my shoes. Then, finally, we were allowed to go in. And that took us exactly two and a half hours." (See para. 405 above)

890. During the current reporting period, the Israeli authorities have started to implement on a massive scale new and particularly harsh measures of collective punishment. In the past, demolitions concerned individual houses of persons who had committed security offences. The new measures concern entire blocks of houses and apartments in which wanted persons are suspected to be hiding which are destroyed within the framework of searches for such persons and are completely disproportionate to the offence as they affect several houses or entire neighbourhoods at a time. The army has been shelling entire neighbourhoods with heavy artillery fire including anti-tank missiles and attacks from helicopters. Such incidents have occurred in both the Gaza Strip and the West Bank. The reason invoked is to avoid that soldiers who are searching for fugitives find themselves in a life-threatening situation. The Special Committee was informed that many houses were also looted during these operations. A number of h

ouses have been destroyed by accident or mistake.

891. The most violent incident of this kind during which the largest number of houses was destroyed took place in the Al Toufah quarter of Gaza City on 20 March 1993. The following description of this incident was provided:

"They encircle the area, declare a curfew and request the people to leave their houses, keeping the doors and windows open. Once the people are evacuated, they take them to another place. They handcuff and blindfold the men and put the women and the children aside. Then, they begin shelling the houses, using 20, 30 and up to 40 shells to destroy 10 to 20 houses. After the shelling, they send small groups of soldiers to each house, who heavily shoot on everything at random, including the furniture, the electrical appliances, and so on. ... Then, they put explosives and leave the place. A few minutes later, the houses explode and if there had been any chance to still be able to use the houses, after the explosion the hope is gone. The people are left absolutely homeless." (See para. 425 above)

892. Additional information was provided by another witness concerning the incident in Al Toufah:

"They could have surrounded the house in which he (the wanted person) was. They could have surrounded it hermetically. They did not need to shell and destroy all the houses around it. About 145 persons live there." (See para. 428 above)

"This operation can last between six and eight hours, or even 12 hours, as it happened in Al Toufah on 20 March. After the shelling, the Israeli forces withdraw from the area and the ID cards of the inhabitants, which had been collected in the morning, are returned to them. People go back to their houses. ... After the shelling, the inhabitants receive a tent from the Red Cross and they start living in tents." (See para. 429 above)

A representative of the B'tselem human rights information centre provided the following information concerning sealings and demolitions on security pretexts under the Rabin administration:

"Since the installation of the Rabin Government, there has been no house demolition. As you know, house demolitions are legal under regulation 119 of the Defence Emergency Regulations of 1945. They can be performed without any proof that the person whose house is being demolished actually committed a crime. There is no legal proceeding. Up to the installation of the Rabin Government, according to B'tselem's data, 434 houses were demolished. In the later period, there was a drastic drop in the use of this measure. In the fourth year of the intifadah, 49 houses were demolished, whereas in the third year, 90 had been demolished. In the fifth year up to the installation of the Rabin Government, only eight houses were demolished and, as I said, this policy has not continued. However, the Government continues to issue orders for demolition. It is just that they are not enacted." (See para. 423 above)

"There has also been a drastic reduction in the number of house sealings. ... The number oscillates between one and three (per month). That has been the case since the installation of the new Government. ... At the end of June 1992, the Government declared that it would un-seal houses that had been sealed five years ago and more, that is to say before the beginning of the intifadah. Despite this, sealings continue. Sealings are immediate, that is to say a security force member issues the sealing order, which is approved by the legal adviser and, then, the sealing can occur immediately. This is in contrast to the process of demolition in which the house owner has 48 hours to appeal." (See para. 424 above)

However, the Committee has also noted that on 15 February 1993, the High Court of Justice ruled that the army could not destroy the house of a convicted "terrorist" because of the suffering it would cause to the family members who were still living there. (Jerusalem Post, 16 February 1993)

According to the testimonies the Committee has heard recently, the Israeli authorities have continued to impose curfews and close entire areas in the West Bank and Gaza Strip for up to two weeks at a time, confining 250,000 to 400,000 persons to their homes. Curfews were also imposed during a number of Palestinian anniversaries and holidays. Twenty-seven year old Khaled Al Khamsan was killed on 18 February 1993 for breaching the curfew by 10 minutes. He reportedly fell into an ambush and was shot without previous warning. (See para. 472 above)

During the current reporting period, the Israeli authorities have carried out on 17 December 1992 an unprecedented deportation of 415 residents of the occupied territories. Among these were numerous intellectuals and a number of minors. This massive deportation took place after the discovery on 15 December 1992 of the body of a border policeman, Sergeant-Major Nissim Toledano, who had been kidnapped two days earlier by the activists of the Hamas movement. The deportees were transported blindfolded and handcuffed to a strip of land in the so-called "security zone" in southern Lebanon where a tent camp was set up at Marj al Zahour. Two of the deportees were among the 11 persons whose deportation orders had been cancelled previously by Prime Minister Rabin in August 1992. It was subsequently announced that 26 persons had been deported by mistake. A number of deportees who needed urgent medical treatment were evacuated to hospital.

A number of lawyers appealed immediately to the Israeli High Court of Justice for a temporary restraining order arguing that the deportation had taken place without due legal process. A new procedure called "temporary deportation" which would not exceed two years was then established and the Court ruled that military commanders could order an immediate expulsion of any inhabitant of the occupied territories without giving them the right to appeal beforehand and without prior warning. The new order specified that the right to be heard would only be accorded after the deportation had taken place and that the deportee would not be allowed to appeal in person.

On 28 January 1993, the High Court of Justice ruled that the expulsion order was invalid but indicated that Israel was not obliged to return the deportees. It allowed the deportation orders to remain in force because of an emergency mandatory regulation that provided for individual deportations. The judges concluded that the deportations amounted to 415 individual expulsions, with each man deported on the basis of evidence brought against him individually. However, article 49 of the Fourth Geneva Convention stipulates that "individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive".

The members of the Special Committee, in a cable addressed to the Secretary-General on 17 December 1992, conveyed their deep concern about the decision of the Israeli authorities, while deploring the unforeseeable negative consequences of such a measure on the situation prevailing in the occupied territories.

On 18 December 1992, the Security Council adopted resolution 799 (1992), in which it strongly condemned the action taken by Israel and expressed its firm opposition to any such deportation. It reaffirmed the applicability of the Fourth Geneva Convention, affirmed that the deportation of civilians constitutes a contravention of Israel's obligations under the Convention and demanded that Israel ensure the safe and immediate return to the occupied territories of all those deported.

On 1 February 1993, the Israeli Government voted unanimously to allow approximately 100 selected deportees to return from southern Lebanon while the duration of the expulsion of the remaining ones would be reduced by half. The deportees refused this "package" deal and 396 remained at the Marj al Zahour camp. In August 1993, however, the deportees accepted to return from exile in stages. On 9 July 1993, it was reported that additional information obtained about the involvement of some of the 400 deportees in violent activities could lead to their trial and imprisonment upon return, between September and December 1993. (Ha'aretz, 9 July 1993; Jerusalem Post, 9 July 1993; see para. 555 above)

The Special Committee has noted with interest the interim order issued by the Supreme Court on 25 October 1992 prohibiting the expulsion of 18 relatives of West Bank residents pending a final decision. (See A/48/96, para. 243) In addition, on 28 April 1993, Israel announced that it would allow 30 long-term Palestinian deportees to return to the occupied territories. A first group of 15 persons returned on 30 April 1993 while the second group of 14 long-term deportees returned to the occupied territories on 3 May 1993.

The Special Committee has received during the recent period information on various measures affecting the enjoyment of certain fundamental freedoms. One of the measures which has curtailed the freedom of movement most severely has been the closure of the occupied territories on 31 March 1993. This unprecedented closure has virtually cut off the occupied territories from Israel and from each other, thereby dividing them into four parts: the Gaza Strip, the southern West Bank, northern West Bank and Jerusalem.

Since the closure, persons wishing to commute between the northern and southern part of the West Bank are now unable to go through Jerusalem which is the centre for many services in the West Bank. The checkpoints giving access to Israel and East Jerusalem to the residents of the West Bank were reduced from 150 to 8. It has been indicated that persons sometimes have to make detours of 50 kilometres or more to go from one village to the neighbouring one which may be only 2 kilometres away. Numerous additional roadblocks had been set up and their locations changed frequently.

When the closure was proclaimed the right of entry into Israel was denied to all Palestinian-owned vehicles from the occupied territories. In addition Palestinians were forbidden to stay overnight in Israel and would be fined $358 if caught. The Special Committee was informed that the restrictions on the freedom of movement in the occupied territories had particularly serious repercussions with regard to health services since the principal hospitals which served the territories were located in East Jerusalem. It was reported in April that because of the closure, Palestinians were denied access to the only hospital for registered refugees (August Victoria), to the largest and most advanced hospital in the occupied territories (the Makassed Hospital), and to the only ophthalmological hospital in the area (St. John's). All three hospitals are located in East Jerusalem. (See para. 582 above)

The difficulties in obtaining permits were said to be compounded by administrative harassment that precedes their issuing. A number of companies which are registered in Jerusalem have virtually been rendered inoperative because their employees live in different parts of the occupied territories. A witness who testified before the Special Committee provided the following example:

"As an example, if I wanted to go from Gaza to the West Bank or to Jerusalem, I would need three different permits. The first is the magnetic card to indicate that I have paid all taxes which are due. It can be checked at the control point when I leave Gaza for Israel. The other document is a computer paper stating the number of my identity card and the date when I am allowed to go through Israel. Sometimes, it is only for one day." (See para. 628 above)

In order to get to one's destination, three permits are required at times. A witness gave the Special Committee his own example:

"The main problem is the bureaucratic problem of getting the permits. I have three permits, one to circulate because there is a curfew, the second to come to Amman and the third permit, the Erez permit, to cross the Green Line and go into Israel." (See para. 632 above)

The closure has had particularly devastating effects on the economic situation in the occupied territories. It has left approximately 120,000 Palestinians and Arabs without work. In addition, numerous workers who used to work in Israel were not remunerated for their work during the month of March. The closure has compounded the already serious economic situation which resulted from the replacement of Arab workers in Israel by new immigrants and the significant decrease in the transfer of funds from Palestinians abroad which had been cut off during the Gulf war and had not resumed for the greater part.

A university professor gave the following view of the consequences of the closure:

"This new situation deserves our full attention because this measure is likely to have a far-reaching effect on the future, not only on the Palestinian economy, but also on the social conditions in the Palestinian society. This blockade threatens to destroy the basis of the Palestinian economy. Resources which should be used for development will have to be used for relief and emergency, for coping with famine, for instance, with diseases, with the rising rate of unemployment (some estimates go up to 60 per cent). This last blockade has deprived about 40 per cent of Palestinian workers of their source of income and concerns more than 100,000 persons who are left with nothing. Most of the time, the families concerned are poor, they have no other source of earning. This is particularly the case in the Gaza Strip, where the majority of these families do not have any land. So, the only income of the bread-winners came from their jobs in Israel." (See para. 466 above)

In May 1993, an economist from the An-Najah University in Nablus has estimated the loss of earnings of the population of the territories due to the closure at approximately $100 million for the month of April alone. (See para. 604 above) On 29 April 1993, a senior official of the Southern Command stated that more than 100 Palestinian families had requested food aid from the Civil Administration. (See para. 596 above) On 9 May, UNRWA began food distribution to 18,000 families in the refugee camps of the West Bank. On 14 June, the Civil Administration announced an increasing number of food aid requests. On 17 June it was reported that some 50,000 residents of the Gaza Strip were receiving food and financial support from the Civil Administration. On 9 July 1993, the European Community announced that it would send $2.82 million in urgent food aid to Palestinian families in the Gaza Strip. (See paras. 599, 608, 609 and 113 respectively above)

The closure has also resulted in considerably reduced possibilities for Palestinians to sell their products even in other parts of the occupied territories for lack of permits and has affected particularly the sale of perishable produce. The UNDP report indicates that "A little over 30 per cent of the West Bank and about 50 per cent of Gaza are cultivated by Palestinian farmers. Palestinian agriculture is at a distinct disadvantage due to subsidies provided to Israeli farmers." A witness who testified before the Special Committee described the following obstacles for products from the occupied territories:

"Marketing is another problem. As you know, I presume, from your previous hearings, the occupied territories are an open market for Israeli products, but Israel is closed for Palestinian products. We cannot sell our products in the Arab part of Jerusalem either, especially since 30 March last." (See para. 562 above)

In addition, the inhabitants of the occupied territories are at a disadvantage in comparison with Israelis and settlers even when they try to sell their products abroad:

"In 1988, a process of direct export from the occupied territories to Europe was started on a preferential basis. However, under the pretext of security, the Israeli authorities imposed various measures such as a sanitary check taking place in the storage and packaging facilities, after the farmers had already completed the packing of their products. This was likely to increase the costs of export, because one had to repack everything after the security check and also because each inspector was receiving $30 a day. High shipping costs and taxes have also led to grave problems. The cost for shipping one ton of agricultural products amounts for a Palestinian farmer to three times the cost that an Israeli farmer has to pay for shipping the same product to the same market." (See para. 564 above)

Numerous witnesses have testified before the Special Committee about the systematic diversion of water resources from the occupied territories resulting in its scarcity, especially in Gaza. The problem related to insufficient water resources in the occupied territories was often tied to its excessive use by settlers who were not subjected to any restrictions in terms of quantity. It was also indicated that settlers were allowed to build artesian wells while the inhabitants of the occupied territories had difficulty even in obtaining permits to repair old ones. In addition, Israeli drilling companies reportedly charged prohibitive prices for drilling and on security pretexts. The unrestricted use of water in Israel and in settlements resulted in an ecological imbalance which increased the salinity of water, particularly in the Gaza Strip, making it unfit for domestic consumption and unsuitable for the cultivation of certain crops.

The "Report of the Mission to Review UNDP's Programme in the Occupied Palestinian Territories" published in May 1993 describes the problem in the following manner:

"Gaza's aquifer is now being severely over-exploited and salinated, to the extent that wells are going out of operation and water is becoming unpalatable and in certain areas even unusable for irrigation. This is at the core of the environmental problems of Gaza, which is of crisis dimension and rapidly escalating. The abundant waste water and solid waste throughout the urban landscape contribute to the overall destruction of Gaza's water resource.

"The environment is also in peril from sanitation and waste disposal practices. Only 20 per cent of the population in the camps is served by sewers, and 40 per cent outside the camps. The remainder use latrines that drain into cesspits, many of which overflow frequently.

"The risks to health are evident. To give only one example: nitrate levels in the vicinity of some Gaza population centres are 10 times the safe United Nations limits. Such high nitrate levels can cause cancer and nervous system disorders."

The UNDP report also provided the following alarming findings:

"Life expectancy is much lower in the occupied territories, at 65 years, than in Israel, at 76 years. The estimated infant mortality rate for Gaza ranges from 50 per 1,000 to 70 per 1,000; 10 per 1,000 for Israel, or five to seven times as high. Nearly 35 per cent of 2,500 Palestinian adults in one Gaza sample suffered from mental disorders such as anxiety, depression, psychosomatic and paranoia, that needed psychiatric treatment."

The Special Committee has noted with interest that the Cairo-Amman Bank and the Bank of Jordan would be allowed to open a number of branches in the West Bank. In addition, the West Bank Civil Administration Budget for 1993 would amount to more than a 150 per cent increase and would include funds for long-term projects such as a sewage disposal project in Nablus and improvements of the sewage system in other cities. The Special Committee also noted that 180 permits were issued for new factories and other projects and that $170 million would be spent on infrastructure and development activities in the territories in 1993. In addition, it was reported that the Mekorot water company had begun the construction of a desalination plant in Deir el-Balah upon orders of the Civil Administration.

The closure has also had adverse consequences on the education in the occupied territories since more than 25 per cent of the students were unable to register at universities or attend classes. Students who lived in a location different from that of their school or university were not given permits to commute while many were not even able to register, despite the extension of registration periods. In June 1993, the Civil Administration refused to renew the special permits of 10 students from Rafah so that they could study in the West Bank. The children whose parents are residents of different localities are at times denied education altogether.

The Special Committee was informed of the persistent lack of an appropriate educational infrastructure:

"There is also a severe shortage of classrooms, particularly in the villages of Mas'ada and Majdal Shams, where most of the students are studying in buildings that fail to meet the requisite standards. This has an adverse effect on the educational process as a whole." (See para. 837 above)

The president of Al Azhar University in Gaza spoke about the extremely short teaching hours which are due to overcrowding and the general lack of adequate teaching conditions:

"The teaching time is from 7 a.m. until 11.30 a.m. for the first group of children and from 12 to 4 p.m. for the second group because of overcrowding in schools. It means that there are two shifts in the schools. ... The schools in the occupied territories are under the supervision of the Civil Administration. If you visit them, you will never find laboratories for physics, chemistry or biology, although they are supposed to be there. Our pupils study physics, chemistry and biology only from their books. They do not have the opportunity to visit a laboratory, to see the equipment, to make any experiments. Schools do not have libraries, either." (See para. 662 above)

The Special Committee was informed that the IDF had closed on 21 November 1992 the UNRWA Technical Training Centre in Gaza for one month because its students were accused of celebrating the declaration of independence of the Palestinian State. The Gaza Secondary School was also ordered closed for the same reason. (See A/48/96, para. 262) On 5 April 1993, the Hashimiya Secondary School for Boys in el-Bireh was ordered closed for two weeks following protests by students. (See para. 666 above) On the other hand, the Special Committee noted the opening on 4 October 1992 of the first four-year college in Gaza.

Restrictions in the occupied territories have continued with regard to the freedom of expression. On 1 October 1992, the Israeli authorities ordered the closure of the Aseel Research and Information Centre in East Jerusalem which specializes in surveys and public opinion polls. (See A/48/96, para. 263) On 31 March 1993, the Israeli authorities ordered the closure for six months of the Hebron-based Al Zahra Press Service on charges that seditious material had been found on its premises. (See A/48/278, para. 460)

Journalists have continued to be harassed. On 26 December 1992, Awad Awad, a Palestinian photo-journalist, was severely beaten by a group of border policemen in East Jerusalem while he was photographing confrontations between Palestinians and soldiers. He suffered bruises all over his body and was subsequently treated at the Makassed Hospital. The policemen also smashed his camera. (Al-Fajr, 4 January 1993; see A/48/278, para. 455) On 27 March 1993, three Palestinian journalists were arrested in Gaza City while covering confrontations between the residents and Israeli troops and were transferred to the Ansar II detention centre in Gaza. (Al-Fajr, 5 April 1993; see A/48/278, para. 459) On 24 April 1993, Israeli soldiers are reported to have severely beaten Palestinian journalist Majdi Arabid, a WTN cameraman, while he was filming confrontations with troops at the Shati' refugee camp. (Al-Fajr, 3 May 1993; see para. 687 above)

The Special Committee has noted, however, that military authorities had issued in June 1993 licences for the publication of a new Palestinian weekly entitled Kul al Usbu (The Whole Week) and of a new daily to be distributed in Jerusalem and the West Bank entitled Al Qabas.

The Special Committee has noted that the freedom of religion has continued to be infringed during the period under review. As a result of the closure, access of both Muslims and Christians to holy sites has been denied, in particular during Easter week, which resulted in a demonstration and protest march. On 15 October 1992, the IDF ordered the closure of the Al Haras mosque in Hebron for two weeks. (Al-Tali'ah, 15 October 1992; see A/48/96, para. 266) On 27 January 1993, the Israeli authorities ordered the closure of three mosques in the Nablus area allegedly because controversial material was found inside. (Al-Fajr, 1 February 1993) On 16 April 1993, Grand Mufti Sheikh Suleiman Ja'abari, who lives near Ramallah, was reportedly prevented from conducting his weekly class and praying at the Al Aqsa mosque. (Al-Fajr, 26 April 1993; see para. 673 above) On 12 June 1993, two mosques were raided and searched in the villages of Musliya and Yamun, in the Jenin district. (Al-Fajr, 14 June 1993; see para.

679 above) A witness provided the following information:

"Our mosque has been turned into a synagogue and we are not allowed to bury our people in our own cemetery. Of course, we have been driven out of these houses and they put religious people in them. When we want to go there and visit, we have to have a special permission from the Ministry for Religious Affairs allowing us to enter our own mosque, which we had founded some 400 years ago." (See para. 668 above)

The period under consideration has been marked by frequent acts of violence and aggression committed by settlers against the Palestinian and other Arab population of the occupied territories. They have engaged in and have on occasion even stepped up indiscriminate attacks against individuals and have raided villages and refugee camps, wantonly destroying Arab-owned property, including places of worship, and uprooting trees. One witness described how a settler was involved in the killing of a boy, Lewa Rafik Mohamed Bakron, when he was coming back from school. The climate of fear and tension of the population of the occupied territories has been exacerbated further by the army's reported non-intervention and its occasional alleged support and encouragement to settlers committing such acts of violence.

Another witness spoke of how settlers' activities affected Muslim places of worship:

"I would also like to speak on the question of the profanation of mosques. Israeli settlers stormed the Al Akkad Mosque in Khan Younis on 29 March 1993. The mosque was burnt down. On 15 April 1993, the mosque of Al Isslah in the Shejaya district was profaned. On 11 April 1993, the mosque of Al Bureij, called the Great Mosque, was desecrated. On 4 April 1993, people entered the Al Maghazi Mosque." (See para. 693 above)

On 8 November 1992, about 30 cars loaded with settlers drove through the city of Jenin, terrorizing the local population. On 1 and 2 January 1993, the residents of Kiryat Arba are alleged to have gone on a rampage through downtown Hebron, beating several Arab residents, smashing the windows of 20 to 30 vehicles, puncturing car tyres and throwing stones to break the windows of houses and shops. (Ha'aretz, Jerusalem Post, 3 January 1993; see A/48/278, para. 468) On 11 March 1993, an UNRWA spokesman stated that settlers had entered into the UNRWA-run al-Mazaraa School in Gaza and had forced the children to leave. They then shouted at the teachers and pushed the principal around until soldiers and police intervened. The settlers left the school and then blocked the two-lane highway near the Deir el-Balah refugee camp for two hours. (Ha'aretz, Jerusalem Post, 12 March 1993)

The Special Committee noted with interest, however, the declaration on 10 February 1993, of Health Minister Haim Ramon, the Government's liaison with the Knesset, who stated that the current Government, unlike its predecessors, would not be lenient towards Jewish settlers who broke the law in the administered territories. (Ha'aretz, Jerusalem Post, 11 February 1993)

In the occupied Syrian Arab Golan, the Israeli authorities have pursued their policy of annexation and settlement. In addition to the expropriation of land, the inhabitants have been coerced into selling land at considerably lower prices than its real value. The Special Committee received the following information in this regard:

"A short while ago, the Israeli authorities attempted to purchase an area of 20 dunums of land from Muhsin Abu Salih at Mas'ada with a view to expanding a kibbutz there. When he refused to sell, the authorities prevented him from grazing his flocks, as a result of which he was forced to sell at half the price that the land was worth." (See para. 837 above)

On 17 February 1993, it was reported that Deputy Housing Minister Aryeh Gamliel had denied that the Government has stopped construction in the Golan Heights but confirmed that it had suspended work on the housing infrastructure in the area. (Jerusalem Post, 17 February 1993; see A/48/278, para. 530) On 5 April 1993, it was reported that the Housing Ministry was launching a Passover campaign to sell scores of new houses in Katzrin on the Golan Heights, at low prices. In the first phase, 250 apartments were being placed on the market out of the nearly 700 that were being constructed in the township. On 9 April 1993, it was reported that almost 200 families had already registered to buy the 250 apartments offered for sale during the first phase of the campaign. (Jerusalem Post, 5 and 9 April 1993; see para. 841 above)

Settlers in the occupied Syrian Arab Golan as well as a number of Israeli inhabitants have expressed growing concern that the Israeli Government would change its settlement policy in the Golan and have staged demonstrations in support of a continuation of Israel's annexation and settlement policy in the area.

On 6 September 1992, the Golan Heights settlers leaders met with Prime Minister Yitzhak Rabin in order to try to allay their growing concerns over the future of the region, following reports that Israel was prepared to make some "minor" territorial concessions in return for a peace treaty with Syria. On 13 September, a group of 18 members of the Knesset toured the Golan Heights in a show of solidarity with Jewish settlers opposed to territorial concessions in return for a peace agreement with Syria. On 16 September, scores of people staged silent demonstrations at 40 major intersections throughout the country in support of Jewish settlers in the Golan Heights. On 21 September, several thousand Jewish Golan residents, mostly religious teenagers, demonstrated in front of the Knesset in Jerusalem urging the Government to rule out any territorial concessions. (Jerusalem Post, 14, 17 and 22 September 1992; see A/48/96, paras. 313, 314, 315 and 317) On 22 February 1993, in one of the largest demonstrations

to have taken place in Jerusalem in years, 7,000 persons demanded that Israel not return the Golan Heights to Syria. (Jerusalem Post, 24 February 1993) On 28 April 1993, it was reported that the Golan Settlers Committee had decided to speed up the establishment of two proposed new settlements in the Golan Heights as part of an intensive campaign to press for the retention of Israeli sovereignty over the area. (Jerusalem Post, 28 April 1993; see para. 844 above)

The Special Committee has noted with interest that, in the first such visit in 25 years, a delegation of approximately 180 Druze religious dignitaries from the Golan Heights crossed into Syria on 1 September 1992 to take part in the annual pilgrimage to the tomb of the Druze prophet Nebi Habil. (Ha'aretz, and Jerusalem Post, 2 September 1992; see A/48/96, para. 312)

On the basis of the evidence and information it has examined from 26 August 1992 to 27 August 1993, the Special Committee has been able to draw a comprehensive picture which reveals that the situation of basic human rights and fundamental freedoms in the occupied territories has continued to be critical. The provisions of the Fourth Geneva Convention, which is the principal international instrument in humanitarian law that applies to the occupied territories, continue to be violated. The Israeli occupation forces have also continued to disregard the relevant provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as well as several resolutions relevant to the situation of civilians in the occupied territories adopted by United Nations organs - the Security Council, the General Assembly, the Economic and Social Council and the Commission on Human Rights - and a number of releva

nt resolutions of UNESCO, WHO and ILO.

The continuously serious situation of human rights in the occupied territories has perpetuated the climate of uncertainty and tension prevailing among the population. In several testimonies witnesses described the serious psychological consequences of the existing situation on the entire social fabric of the occupied territories and the extremely negative effects on its youth. The fact that the resumption of the peace talks has not been accompanied by an easing of various repressive measures has left most of the inhabitants of the occupied territories with a feeling of utter frustration and despair.

The considerable physical and psychological stress endured by the Palestinian people and other Arabs of the occupied territories has been maintained at an even higher level by a number of harsh policies implemented by the Israeli authorities during the period under review. After the taking of office by the Government of Prime Minister Yitzhak Rabin in June 1992, some positive measures could be observed. However, according to reports received, the level of violence in the occupied territories has subsequently become worse and reached unprecedented levels. A number of repressive measures which have affected all areas of life in the occupied territories has engendered a situation which continues to endanger international peace and security, and this despite the continuation of peace negotiations. The Special Committee would therefore once again like to stress that urgent measures need to be taken to ensure an effective protection of the basic rights and freedoms of the inhabitants of the occupied territo

ries. It is indispensable to arrive at a comprehensive, just and lasting settlement of the Arab-Israeli conflict through negotiations, taking into account the rights of all peoples in the area, including the national rights of the Palestinian people and other Arabs of the occupied territories.

In the meantime, the Special Committee wishes to recommend once more the implementation of urgent measures that would safeguard the basic human rights of the Palestinian people and other Arabs in the occupied territories. Such measures could include the following:

(a) The full application, by Israel, of the relevant provisions of the Fourth Geneva Convention, which remains the main international instrument in humanitarian law that applies to the occupied territories, and whose applicability to those territories has repeatedly been reaffirmed by the Security Council, the General Assembly and other relevant organs of the United Nations;

(b) The full compliance with all resolutions pertinent to the question of Palestine as adopted by the Security Council and the General Assembly as well as other relevant resolutions adopted by UNESCO, WHO and ILO;

(c) The full cooperation of the Israeli authorities with the International Committee of the Red Cross (ICRC) in order to protect detained persons, in particular by ensuring full access of ICRC representatives to such persons;

(d) The full support, by Member States, of the activities of ICRC in the occupied territories, and positive response by Member States to any appeals for additional assistance, including funds to finance the extra activities required by the unprecedented increase in the number of detained persons;

(e) The full support, by Member States, of UNRWA activities in the occupied territories in order to enable UNRWA to maintain and improve the general assistance provided to the refugee population;

(f) The unrestricted cooperation of the Israeli authorities with UNRWA representatives and full respect by the Israeli authorities of the privileges and immunities that the Agency enjoys as an international body providing humanitarian services to Palestinian refugees in the occupied territories;

(g) Renewed efforts by Member States to convince Israel of the need for increased human rights protection through international monitoring of human rights. This should include enabling the Special Committee, as the main body established by the General Assembly for the protection of human rights in the occupied territories, to perform its function more effectively by allowing it to have access to the occupied territories;

(h) Full recognition of the need to give priority consideration in the peace negotiations to the protection of the basic rights of the population, including urgent measures to prevent a further deterioration of the human rights situation in the occupied territories.

VI. ADOPTION OF THE REPORT

The present report was approved and signed by the Special Committee on 27 August 1993 in accordance with rule 20 of its rules of procedure.

Notes

1/ Documents A/8089/ A/8389 and Corr.1 and 2; A/8389/Add.1 and Add.1/Corr.1 and 2; A/8828; A/9148 and Add.1; A/9817; A/10272; A/31/218; A/32/284; A/33/356; A/34/631; A/35/425; A/36/579; A/37/485; A/38/409; A/39/591; A/40/702; A/41/680; A/42/650; A/43/694; A/44/599; A/45/576; A/46/522; and A/47/509.

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; ibid., 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 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; ibid., Thirty-third Session, Annexes, agenda item 55, document A/33/439; ibid., Thirty-fourth Session, Annexes, agenda item 51, document A/34/691 and Add.1; ibid., Thirty-fifth Session, Annexes, agenda item 57, document A/35/674, ibid., Thirty-sixth Session, Annexes, agenda item 64, document A/36/632/Add.1; ibid., Thirty-seventh Session, Annexes, agenda item 61, document A/37/698; ibid., Thirty-eighth

Session, Annexes, agenda item 69, document A/38/718; ibid., Thirty-ninth Session, Annexes, agenda item 71, document A/39/712; ibid., Fortieth Session, Annexes, agenda item 75, document A/40/890; ibid., Forty-first Session, Annexes, agenda item 71, document A/41/750; ibid., Forty-second Session, Annexes, agenda item 75, document A/42/811; ibid., Forty-third Session, Annexes, agenda item 77, document A/43/904; ibid., Forty-fourth Session, Annexes, agenda item 77, document A/44/816; ibid., Forty-fifth Session, Annexes, agenda item 75, document A/45/823 and Corr.1; and ibid., Forty-sixth Session, Annexes, agenda item 73, document A/46/639, Forty-seventh Session, Annexes, agenda item 74, document A/47/612.

3/ Official Records of the General Assembly, Twenty-fifth Session, Annexes, agenda item 101, document A/8089, 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/ See also paras. 10 to 59 of document A/48/96 and paras. 6 to 61 of document A/48/278.

10/ See also para. 60 of document A/48/96 and para. 62 of document A/48/278.

11/ See also paras. 61 to 143 of document A/48/96 and paras. 63 to 221 of document A/48/278.

12/ See also paras. 144 to 172 of document A/48/96 and paras. 222 to 264 of document A/48/278.

13/ See also paras. 173 to 188 of document A/48/96 and paras. 265 to 277 of document A/48/278.

14/ See also paras. 189 to 194 of document A/48/96 and paras. 278 to 282 of document A/48/278.

15/ See also paras. 195 to 202 of document A/48/96 and paras. 283 to 308 of document A/48/278.

16/ See also paras. 203 to 241 of document A/48/96 and paras. 309 to 378 of document A/48/278.

17/ See also para. 242 of document A/48/96 and paras. 379 to 382 of document A/48/278.

18/ See also paras. 243 to 244 of document A/48/96 and paras. 383 to 410 of document A/47/262.

19/ See also para. 245 of document A/48/96 and paras. 411 to 424 of document A/48/278.

20/ See also para. 425 of document A/48/278.

21/ See also paras. 246 to 253 of document A/48/96 and paras. 426 to 440 of document A/48/278.

22/ See also paras. 254 to 262 of document A/48/96 and paras. 441 to 453 of document A/48/278.

23/ See also para. 266 of document A/48/96 and paras. 461 to 464 of document A/48/278.

24/ See also paras. 263 to 265 of document A/48/96 and paras. 454 to 460 of document A/48/278.

25/ See also paras. 267 to 284 of document A/48/96 and paras. 465 to 498 of document A/48/278.

26/ See also paras. 285 to 302 of document A/48/96 and paras. 499 to 514 of document A/48/278.

27/ See also paras. 303 to 311 of document A/48/96 and paras. 515 to 529 of document A/48/278.

28/ See also paras. 312 to 321 of document A/48/96 and paras. 530 to 537 of document A/48/278.

 
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