I`lam`s Concern around Makhoul Case

Press Release: I’lam Expresses Grave Concern Concerning Arrest, Detention of Human Rights Defender Ameer Makhoul and Violations to Freedom of Expression of the Palestinian Community in Israel

May 27 2010

I’lam Media Center for Arab Palestinians in Israel expresses grave concern about the detention and treatment following the arrest on May 6 2010 of Palestinian citizen of Israel and human rights defender, Ameer Makhoul.

Ameer Makhoul heads Ittijah, an umbrella organization for Arab Palestinian NGOs in Israel. Ittijah plays a representational role for Palestinian citizens of the state.

On May 27, the ‘gag order’ that was in place since his arrest was lifted. The partial ‘gag order’ prevented the public from knowing details of Makhoul’s arrest, conditions of his detention, including allegations of torture. Certainly, this gag order was a fundamental violation of the right of the public to know, to freedom of the press and to freedom of expression.

Although the ‘gag order’ has been lifted, various human rights organizations such as Amnesty International[1] and Article 19[2] remain deeply concerned that the ‘security’ rationales and charges filed against Ameer Makhoul are designed to silence his human rights work. This human rights work encompasses the right of Palestinian citizens to protest various discriminatory policies and actions of the government. Following through with this line of inquiry, the politically-motivated arrest and persecution of Ameer Makhoul equates to silencing critique of government policies towards Palestinian citizens, equating it to being a gross violation of the right to freedom of expression of the Palestinian community in Israel.

Throughout his arrest, Makhoul’s fundamental rights were violated in being denied access to legal counsel for twelve days following his arrest, and in the court denying his lawyers access to his medical reports and his lawyers’ request for an independent doctor to examine him.

In addition to Ameer Makhoul, Dr Omar Sa’eed, a political activist of the Balad party who runs a natural medicine company, has also been arrested, detained and is charged with being in contact with a foreign agent and delivery of information to an enemy.  The indictment against Makhoul includes charges of assistance to the enemy in a time of war, conspiracy to assist an enemy, aggravated espionage, and contact with a foreign agent. Both Makhoul and Sa’eed have informed their attorneys that they vehemently deny these charges.

Since asserting his innocence to lawyers, Makhoul has been subjected to harsh torture. According to Adalah: The Legal Center for Arab Minority Rights in Israel,

“The illegal methods employed against Ameer Makhoul during the initial days of his interrogation include protracted sleep deprivation and continuous interrogation, while being shackled tightly to an under-sized chair that was bolted to the floor to prevent it from moving. His hands were cuffed to the back of the chair in a way that stretched his arms and shoulders sharply backward. His legs were folded backwards flanking the chair, with his knees turned toward the floor. When, after hours of being bound in this stress position while under intense interrogation, Makhoul complained of being in excruciating pain, the GSS [General Security Services, also known as ‘Shin Bet’ or ‘Shabak’] interrogators proceeded to cuff his legs to the chair. They also threatened that he would be permanently crippled from the interrogation”.[3]

According to Ameer’s family, the prolonged torture has resulted in his mental disorientation and severely diminished eyesight.[4]

Makhoul had stated before the Magistrates’ Court in Petah Tikvah that severe interrogation methods had been used against him, causing him to admit, under duress, to actions he did not commit.

I’lam Media Center asserts that the case illustrates serious violations of the right to freedom of expression, to freedom of the press, to due process, and to the jus cogens ban on torture. It calls on Israel to immediately abide by its international legal obligations under the International Covenant on Civil and Political Rights, the Convention Against Torture and the UN Declaration on Human Rights Defenders.