UNITED NATTOT{S (@ Generat Assembty Distr. GENERAI, A/44/599 12 October 1989 ORIGINAL3 ENGLISH Forty-fourCh session Agenda iten 77 REPORT OF TIIE SPECIAL COMMITTBE TO INVESIIGATE ISRAELI PRACTICES AFFECTING THE HIJMAN RIGITTS OF TIIE POPULATION OF TEE OCCUPIED TERRITORISS Note by the Secretarv-Geueral The Secretary-General has the honour to transmit to the members of the GeneraL Assenbl'y the twenty-first report of the special cornnittee to rnve6tigate rsraeti Practices Af,fecting the Hunan Rights of the popuratioa of the occupiea rerritories, which was subtnitted to him in accordance with paragraphs 19 and 20 of Assembly resolution 43,/58 A of 6 Decenber 1989. This report should be considered together r{ith tbe Special Committee's periodic tepotE (A/44/352), which was tralsmitted to the nenbers of the Assenbly on 1.3 JuIy L989. 89-242t9 1.2 68-6 9 j (E) A/ 44/ 599 Inglish CONTENTS Paragraphs LETTER OF TRANSMITTAL Paqe 4 7 ..... ........ 1-4 5 - 21 22-26 27 - 324 I. II. III. IV. INTRODUCTION ORGANIZATION OF MANDATE WORK 7 10 12 INFORMATION AND EVIDENCE RECEIVED BY THE SPECIAL COIIMITTEE A. General s ituation 1. General developrnents and policy statenents 2. Incident.s linked with the upri.sing of the Palestinian popufation against the occupation .... Administration of justice, including the right to 78 . 33 - 51 52 '17 13 11 120 111 120 53 53 1. Palestiaian popufation 2. Israefis Treatment of civi li ans 78 112 61 64 64 64 I2L L2I 275 2 L Geleral developtnents (a) Harassment anal physicaL 00 il.l-treatnenE t2L 145 180 )-9 2 r44 L79 191 200 251 211 (b) Col.lective punj.shment (c) Expul s i ons 70 (d) Econornic and social- situation 2. Measures affecting certain fundamental freedoms ... (a) Preedom BI 85 85 a7 88 20r 201 212 221 of movement (b) Freedom of refigion (c) Freedom of expression (d) Freedom of association .... (e) Freedom of education , 220 234 235 251 90 91 A/ 44 / 599 Engl i sh Page 3 CONTENTS ( continued ) Paragraphs Paqe 3. Infornation on settlers, activities civilian population D. Treatment of detainees E. Annexation and settlemenEs ,.,. affecting the 252 - 275 276 - 305 306 - 318 , 95 99 105 108 110 116 F. Infornation concerning the occupied Syrian Arab Golan V. CONCLUSIONS 3L9 - 324 325 - 341 vI. Annex . ADOPTION OF THE REPORT MAP SHOWTNG ISRAELI SETTLEMENTS ESTABLIS}IED. PLANNED OR UNDER CONSTRUCTION IN THE TERRITORIES OCCUPIED SINCE 1967 .. 118 A/ 44/ 599 English LETTER OF ARANSMITTAL 25 Auqust 1989 Sir. The Special conrnittee to Investigate Israeli Practices Affecting the Human Rights of the Populabion of the Occupied Terlit.ories has the honour !o transnit to you herewith its twenty-first report, prepared in accordance with General Assembly resolutions concerning the Speciat Cornmittee and, in particular, resolution 2443 (xxIII) of 19 Decenber 1968, by which the Special Committee was established, and resolution 43/58 A of 6 December 1988, the latest resolution by which the Generaf Assembly renelred its mandate. This reporL covers the period from 26 August 1988, the date of the adoption of the teentieth report of the Special Corunittee, to 25 August 1989. The rePort is based on oral information received by the Special Conunittee through testimonies of persons having first-hand experience of the hwnan rights situation in the occupied territories. as welL as written information gathered frorn various sources. Written information concerning the period from 26 August 1988 to 31 March 1989 is reflected i4 the periodic report r.rhich the Special CorEnittee presented to you oD 7 June 198q (A/44/352) in accordance with paragraphs 19 and 20 of General Assenbly resolucion 43/58 A. From among these oral and writt.en sources of information, che Special conmittee has included in its reports relevant excerpts and sununaries' For the purpose of collecting oral testinonies the Special Comnittee again organized hearings ttrat were held in Damascus. Amman and Cairo, The Special Connittee continued to tnonitor staternents by menbers of the Government of Israel refl.ecting the policy of that Government in the occupied territorie6 and rePorts on measures taken to impLement that policy, The Special Corunittee further not.ed the letters addressed to you and to lhe President of the Security Council during the Period of this report reLating to the nandate of the Special Cornmittee, circulated as documents of the General Assembly and the Security Council, and received inforrnation frorn organizations and individuals otr various aspecLs of the situation in the occupied territories. In carrying out its mandate, the Special Conmittee benefited fron the co*operation of the Governments of Egypt, Jordan and the Syrian Arab Republic and from the co-operation of Palest.inian representatives, The Government of IsraeI has conLinued to ignore requests for co-operation addressed to it. His Excellency Mr. Javier P6rez de Cu6tlar Se c re tary-Ceneral of the United Nations New York a/ 44/ 599 English Page 5 In preparing its report the Special Corunittee has attenpted to puE before you a composite piceure of the reality in the occupied territories as it affect,s the human rights of the civilian popuLation. By this Letter the SpeciaL Cornrnittee wi.shes to draw your attentj.on to a nunber of aspects thaE deserve particular nention. The infornation contained in the present report reflects the further deterioration, as a result of 20 months of continuous violence and unrest in the occupied ter!itories, of an already grave hunan rights situation. The uprising of the Palestinian population against occupat.ion, motivated by an accumulation of harassnent, hufiiliation and frustraEion, stens fron the annexation policy inpLementetl by the Goverrunent of Israel since 1967, lrhich has broughC along an unprecedented leveL of viol.ence and unrest in the telritories. The period under considelation has been marked by a further increase in the frequency aud intensity of daily incidents, provoking the death of hundreds of civilians of alf ages caused by gun-fire, beating, electrocuLion, burning, gas inhalation or other causes. Sevelal thousand palestinians, including very young children, women and o1d people, trave been injured in clashes that have occurred practically every day and in several locatities, nostly in the context of widespread demonstrations, stone-throwing and the throwing of petrol botnbs, transport and commercial strikes. and raids by security forces in order to carry out scores of arrests, collect taxes, renove Palestinian flags and impose curfews or seal off eutire areas, sonetimes for prolonged periods. fsraeli settlers have taken an increasingly active part in this scheme of repression by creating vigilante interveneion forces and waging raids of "retaliation and iDtinidation" against Palest.inian villages. Other serious infringements of fundanental rights and freedona have included a noticeable increase in the deportations of Pa.lestinians from Che occupied territories, which have taken place repeat.eilly in violation of relevant provisions of the Fourth Geneva Convention, severe lirnitations inposed on the fleedom of expression, of association and of worship and the prolonged closure of educational instit.utions. The miLitary justice system in force in the occupied territories bas further deteriorated. It neither provides detained Palestinians with adequate legal guarantees lror ensures the right to a fair erial, Severaf thousands of arrested Palestinians, among then minors antl women, continue to be ifiprisoned, often in profonged adninistrative detention in the occupied territories, or even inside Israel itself, they are denied humane prison conditionsi their situation is aggravated by the great increase in the nurnber of detainees, and they endure serious physical and psychological hardships often resulting in riots and hunger strikes that are severely repressed. The Special Conmittee has endeavoured, withir the constraints anil self-restrictions imposed by the financial. situation of the United Nations, to provide in its perioalic report (A/44/352, ard the present twenty-first report a faithful picture of the situation of hwnan rights in the occupied territories. A/ 44/ 599 English Page 6 In vielt of the grave circumstances prevailing in the occupieal territ.ories. the Special Comrnittee is croncerned that the internalionaf community has thus far not been able to adopt effective neasules Eo protect the human rights of the civilian Population, It reiterates its sincere hope that the present report may contribute to further mobilizing the international communiEy in Ehe search of a sofution that wouLd all.eviate the PLight of the civilians in the occupied territories and secure the full enjo]'rnent of their rights and fleedorns. Accept, Sir, on behalf of rny colfeagues and ou ny own behalf, the assurances of our highest consideration. Daya Investigate Israeli Practices Affecting ttre Human Rights of the Popufation of the OccuDied Territories Chairnan of the Special Conmittee to R, PERERA A/ 44 / 599 English Page 7 I. INTRODUCTION 1. The SpeciaL Corunittee to Investigate Israeli Practices Affectiug the Human Rights of the Population of the Occupied Territories was established by the General Assenbly in resoLution 2443 (XXIlI) of 19 Decenber 1968. By that resolution, the Assenbly decided to establish the Special Comrnitt.ee, composed of three Mernber States; requested the President of the Assenbty to appoint the nembers of the Special Cornmittee i requested the Governrnent of Israel to receive the Special Committee, to co-operate with it aud to facilitate its worki requested the Special Cornnittee to report to the Sec retary-General as soon as possible and whenever lhe need arose thereafter; and lequested the Secre tary-Gener aL to provide the Special Cornmittee with all the necessary facilities for the performance of its task. 2- The Special Cofiunittee is composed as foflowsi Mr. Daya R. Perela, Permanent Representative of Sri Lanka to the United Nations, Chairrnani Mr, Alioune Sene, Ambassador of Senegal in Bern and Permanent Representative of Senegal to the United Nations Office at Genevai and Mr. Dragan Jovanic, Yugoslavia. 3. Since October 1970, the SpeciaL Conmi.ttee has submitted 20 reports. 1,/ These reports wele discussed in the Special Pofitical Conmittee, which then reporbed to the General Assernbfy. ?/ on the recommendation of the Special Pofitical Conmittee, the Assernbly adopted resolutions 27 2'l (w\I ) of 15 Decenbet L9'lO, 2851 (:OryI) of 20 December 1971, 3005 (]SVII) of 15 Decenber L972, 3092 A and B (:{XVIII) of 7 December L973, 3240 A to C (xxIX) of 29 November L974, 3525 A t.o D (XXX) of 15 December 1915, 3L/LO6 A to D of 16 Decenber 1976, 32/9L A to C of 13 December 19'17. 33/1Li A to C of 18 December L978. 34/90 A to C of 12 December L979, 35/L22 A to F of 11 Decenber L980, 36/147 A to G of 16 December L98L, 3'l/88 A to c of 10 December 1982, 38/79 A to H of 15 December 1983, 39/95 A to H of 14 Decenber f984. 40/].6l A to G of 16 Decenber L985, 4L/63 A to G of 3 December 1986, 42/L6O A to G of I December 1987, antl 43/58 A to c of 6 December 1988. 4. The present report has been prepared in accordance with ceneral Assenbly resof utions 2443 ()o(III ), 2546 (XXIV), 2727 (#\ t , 2851 ()O(vI ), 3005 (:CwII ), 3092 B ()C$/III), 3240 A and C (rc(Ix), 3525 A and C ()as), 3I/LO6 C and D, 32/91 and C, 33,/113 C, 34/90 A to C, 35/f22 C, 36/L47 C, 37/88 C, 38/'19 D, 39/95 D, 40/161 D, 4I/63 D, 42/760 D and 43./58 A. B 1I. ORGANIZATION OF WORK 5, The Special Committee continued its work under the rufes of procedure contained in its first report to the Sec retary-Gene ral . 3/ Mr. Daya Perera continued to be Chai rman. 6. The Special Corunittee held the first of its series of neetings from 3 to 6 January 1989 at Geneva. At those meetings the Special Contnittee reviewed its nandate consequent upon the adoption by the General Assembly of resoLution 43./58 A. By that resoluli.on, the Generaf Assembly requestetl the Special A/ 44/ 599 En(ltrsn Page B Commj,ttee, pending early termination of Israel.i occupation, to conLinue to invest.igate Israe.li policies and practices in the Arab territories occupied by rsrael since 1967, to consult, as appropriate, with the rnternational conmittee of the Red Cross in order to ensure the safeguarding of the welfare and hunan rights of the population of the occupied terlj.tories and to report to the sec retary-Gene ral as soon as possibLe and whenever the need ari.ses thereafter, and to subrnit regularly periodic reports to the Sec retary-Gene ra] on the present situation in the occupied palest.inian territory. 7, In order better to conply with the specific lequest, contained in paragraph 20 of GeneraL Assernbly resofution 43/5A A, to submit periodic reports on the situation, the Special Comnittee decided to transmit to the Secre tary-Gene ral, after its second series of meetings, a periodic report updating infornation contained in its twentieth report (A/43/694), which has since been subnitted to the General. Assenbly (see para. 19 below), 8- The Special Cornnittee decided to continue it.s systern of monitoring information on the occupied Lerritories and. in reference to paragraph 21 of resofution 43/58 A, to pay special attentio! to infornation on treatment of civilians in detention' The special conmittee exanined infornation on the situation in the occupied territories' rt also had a nunber of communications addressed to it by Goverrvlglgs' organizations and inrlividuals io connection with its mandate. The special cornrnittee took note of severaL letters addressed to it by the pernanent RePresentative of Jordan to Che United Nations Office at Geneva on matters related LvrL.IgIJv.Lr 9. On 6 January 1989, the Chairman of the Special Corrunittee addressed a cable to lhe sec retary-General appea]ing to him to bring to the rsraeli authorities the expression of deep concern of the Special Conrnittee in view of the ill.egal deportation fron the occupied territories of 13 pal.estinians. The Special conrnittee also decided upon the organization of its rrork for the year. rt agreed to address itserf to the covernnents of Egypt, .tordan and the syrian Arab Republic with a view !o seeking their co-operation in the implementation of its rnandat.e. The special Committee al.so agreed to address itself to bhe Observer for palestine and to the International Cornnittee of the Red Cross. Finally, the Special Committee decided that at its next series of rneetings it woultl undertake hearings in the area for the purpose of recording relevant. information or evidence. 10. On 6 January 1989, the Special Committee addressed a letter to the raL seeking his intervent.ion in an effort to secure the co-operation of the Gover nent of Israel. sec retary-Gene 11. on 6 January L989, the special cohnittee addressed a letter to the pernanent. Representatives of Egypt. Jordan and the Syrian Arab Republic t.o the United Nations office at Geneva in vrhich it requested thei.r co-operation and lnformed them of the intention of the special comrnitt.ee to co$duct. trearings in their respective countries. 12. Similar letters lrere addressed to the Observer for palestirre and to the International Comnittee of the Red Cross, A/ 44/599 English Page 9 13, The Governrnents of Egypt, Jordan and the syrian Arab RePublic subsequentLy responded to the special connittee, leconfirming their readiness to continue co-operating witb the special comnittee' 14. The special- coffnittee held a series of meetiDgs at Geneva (22-23 May L9891, Damascus (24-27 May 1989), Arunan (28 May-l June 1989) and Cairo (2-7 June 1989)' At these rneebings. the SpeciaL Cornnittee exarnined inforrnation on develoPments occurring in the occupied ter!itories beEween Novenber 1988 and March 1989, It had before it a number of corNnunicalions addressed to it by Goverffnents, organizations and individuals in connection with ils nandate. The Speciat Corunittee took note of several letters addressed to it by the Pernanent Representative of Jordan and by Lhe Perrnanent Observer for Palestine on matters related to its rePort. At 'Dafiascus. Amman and Cairo tbe Special Corunittee heard lestinonies of persons just returned from or living in the west Bank, the Gaza StriP and the occupied SYlian Arab colan concerning the situation in those territories. 15. At Damascus the SpeciaL Connittee atas received by Ehe Minister of State for Foreign Affairs, Mr. Nasser Ghaddour. It also conducted consullations with Mr. Dia El-Fattal, Deputy Minister for Foreign Affairs, and Mr. Hani Hablb, Director, International Organizations DePartment, Ministry for Foreign Affairs' During iEs slay in the Syrian Arab Repubfic the Special Coffnittee visited ttre totrD of Quneitra. where it net with Mr. smail said, DePuty-Governor of Quneitra Province. 16. At Amman. the Special Comrnittee was receiveal by the Minister for foreign Affairs, Mr. Marwan At Qassin. The Special Corrunitcee was presented with a lePort on the situation in the occupied territories prePared by the DePartment of Occupied Territolies Affairs of the Ministry for Foreign Affairs. During its stay at annan bhe Special Committee met with Sheikh Sayeh, Presiden! of the Palestinian National Council, as weLl as other nenbers of the Palestinian National Council' The SPecial Conmittee also rnet with Mr. Zuhdi Saed, Di rector -General of the DePartment of Occupied Territories Affairs of the Palestine Liberation Organization' who presented the Special Cornnittee with a nunber of reports and statistics on the The Special Cornmittee also received from situation in the occupied territories. tbe Departments of Economic Affairs and of Education and Higher studies of the Palestine Liberation Organization a series of lePorts and statisEics on that situation. l-7. At cairo the Special Comnittee lras received by ttre Minister of State for Forelgn Affairs, Mr. Boutros Boutros GhaLi. It also net lrith Mr. Emad eL Kadry, Director, Department for Palestine Affairs,.and Mr. Ibrahim Yousri, Director, Legal Depaxtnent, of the Ministry of Foreign Affairs. During its stay in Cairo, the Speciaf Conrnittee also visited the PalesEinian Red Crescent ltosPital r,there it rnet Dr- fathi Arafat. Chairman of the Pal.estinian Red Crescent' 18. The Special coflunittee also exanined and compLeted its Periodic rePort (A/44/352, updaCing information containeal in ibs twentieth rePort (A/43/694). It. decicled that oral evidence and any further information relevant to its nandate would be reflected, together wibh its conclusions' in the present report of the SDecial Comrnittee. A/ 44/ 599 Lnoltsn Page 10 Sec 19. On 7 June 1989, the Chairnan of the Special Committee tf,ansnitted to the retary-Gene r al its periodic report- (A/44/ 352) covering the period fron 26 August 1988, the date of the adoption of the twentieth report (A/43/694r, Lo 31 March 1989. This report was based on written information gathered from various sources anong which the Special Conmittee had seLected relevant excerpts and surnmaries which were reflected in the reDort. 20. the Ot1 14 July 1989, the Chairman of the appealing to him to expression of deep concern of the Special depoltation from the occupied territories Secre tary-Gene r aL special Conunittee addressed a cable to bring to the Israeli authorities lhe co nittee in view of Ehe illeqaf of eioht Pafestinians. 2I. The Special Corrunit.tee net again at ceneva from 21 !o 25 August 1989. At these rneetings, the Special Commit.tee examined information on developnents occurring in the occupied territories from April to August 1989. It had befole it a number of conrnunications addressed to it by Goverrunents, organizations and individuals in connection wich its maodate. a6 lrell as records of tesEimolries col.lected during its previous series of meetings. The Special Cornmittee took note of several letters addressed to it by the Pelnanent Representative of Jordan on matters refated to its mandat.e. It examined and completed on 25 August 1989 the present rePort. III. MANDATE 22, The General Assembly, in its resofution 2443 (XXIII) entitled "Respect for and implenentation of human rights in occupied territories", decided to establish a Special Committee to Investigate Israeli Practices Affecting the Hunan Rights of the Population of the Occupied Territories, cornposed of three Menber States. 23. The nandate of the Special Connittee. as set out in the above resolution and subsequent resolutions, was I'to investigate Israeli practices affecting the human riqhts of the population of the occupied territories", 24 In interpreting it.s mandate, the Special Committee deternined that: (a) The te!ritories to be considered as occupied territories referred to the areas unaler I6raeIi occupation, namely, the occupied Syrian Arab Golan, the West Bank (including East Jerusalem). the caza Strip and the Sinai Peninsufa. Following the inplenentation of the Egyptian- I s raeL i Aqreenent on Disengagenent 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 naps attached to those agreements. The areas of Egypt.ian territory under Israeli nililary occupation vrere further rnodified 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 renaining under Israeli military occupation was restituted to the Goverrunent of Egypt in accordance with the provisions of the aforenentioned agreement. Thus, for the purposes of Ehe present report, the ter!itories to be considered as occupied territories are those remaining under Israe]i occupation, namely, the occupied Syrian Arab Golan, bhe West Bank. including East Jerusalem, and the Gaza Strip; a/ 44/ 599 Engl ish Page 1I (b) The persons covered by General Assembly resolution 2443 ()o(III) and therefore the subject of the investigation of the Special Contnillee were the ciwilian populaLion residing in Lhe areas occupied as a result of the hostilities of June 1967 and those persons nornally resident in the areas that \tere under However, the occupation but who had lefL those areas because of the hostilities. Committee noted that resolution 2443 (lC{III) referred to the "population" without any qualification as to any segrnent of the inhabitants of the occupied territoriesi (c) The "hurnan rights" of the populaEion of the occupied territories consisted of two elenents, namefy, those lights which the Security Council referred to as "essentiat and inalienable human rights" in its resoJ.ution 237 (1967) of 14 June 1967 dnd, seconally. those rights which found their basis in the protection afforded by international law in particular circumstances such as rniLitary occupation and, i.n the case of prisoners of war, capture. In accordance with General Assembly resolution 3005 ()offII), the Speciaf Conmittee was also required to investigate allegations concerning the exploitation and lhe 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 lrorship in the goly Places of the occupied territoriesi (d) The "poficies" and "practices" affecting human rights that carne within the scope of investigation by the Special Corunitiee referred, in the case of, "policies", to any course of action consciousfy adopted and pursued by the Government of Israef as part of its declared or undecfared intent; whi.Le "practices" referred to those actions which, irrespective of whether or not they were in implernentation of a policy, reflected a pattern of behaviour on the part of the Islaeli authoriti.es tovrards the civiLian population in the occupied areas. The geographical narnes employed in the present report reflect the usage in the original source and do not inply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations. 25. Since its inception the Special Connittee has relied on the follovring international instruments in interpreting antl carrying out its rnandate: (a) The Charter of the United Nations; (b) The Universal DecLaration of Hunan Right.s; (c) The Geneva Convention relative to. the Protection of Civilian Persons in Time of Wa!, of 12 August 1949; !/ (d) ?he Geneva Convention relative to the ?reatnent of Prisoners of war. of 12 August f949, 5/ (e) The t{ague Convention for the Protection of Cultural Property in the Event of Armed Conflict, of 14 May 1954: O/ (f) The Hague Conventions of 1899 and 1907 respecting the Lar"rs and Custotns of War on Landi Z/ a/ 44 / 599 English Paqe 12 (g) The International covenani on Civil and Political Rights, and the International Covenant olr Econornic, Social and Cuftural Rights' E/ 26. The Special Corunittee has also relied on chose resolutions relevant to the situation of civifians in the occupied territories adopted by Unit.ed Nations organs, the General, Assembly, the Secu!ity Councif, the Economic and social Council and the Cornrnission on Human Rights. as vrell as the relevant resolutions of che United Nations Educational, Scientific and Cultural Organization, the Worl.d Heafth Organization antl the International Labour Organisation. IV. INFORMATIOI.I AND EVIDENCE RECEIVED BY THE SPECIAL COMMItTES 27. In the course of carrying ouC ils nandate, the Special Comtnittee has relied the following sources i (a) The testirnony of persons with first-hand knowledge of Ehe situation of the population in the occupied territories; on (b) Reports in the Israeli press ot pronouncements by resPonsible Persons in the Goverment of I s raef; (c) Reports appearing in other news nedia. including the Arab language Pless published in the occupied territories in Israef and the international Pressi The SpeciaL Conmibtee also received written statements fron the Goverrunents of Jordan and ttre Syri.an Alab Republic and frorn the Observer for Palestine. The Goverrunent. of Jordan and the Observer for Palestine trave provided the Special Corunittee 1.lith various monthly and other reports on the situation in the occupied territories. The Governrnent of the SyriaD Arab Republic has Provided lhe Special with information on the situation in the occupied Syrian Alab Gol.an. In Corunittee addition, the Special Conmittee received r.ritten inforrnation from intergove rrunental organizations such as reLevant specialized agencies and regional organizations, as t^'e11. as non-gove rDrnentaL organizations and individuals on the situation in the occupied territ.ories, 28. The Special Committee undertook a series of hearings in Danascus, Anman and Cairo during its meetings from 22 May to 7 June 1989. At these neetings. the Special Comnittee heard the testirnony of persons having a first-hand knowledge of These testimonies the human rights situation existing in the occupied territories. are contained in docunents A/Ac.145/RT.507-518, and are reflected belolr. 29. The Special Committee has taken particular care to reLy on infortnation appearing in the Israeli. press that has not been contradicted by the Goverrunent of Israef or that is conunonl.y consj.dered as reliable by the Governnent' 30. In the course of carrying out its nandate, the Special Cornmittee has taken note of infornation reaching it through a variety of sources, such as individuals, organizations and Governnents, At its meetings, the Comnittee had before it severaL cornmunications addressed to it directly or referred to it by the a/ 44/ 599 Engli.sh Page 13 Sec retary-Gene r al fron sourses inside the occupied territories, as well as from several parts of the worLd, Where necessary, the Conunittee has folLowed up inforrnation contained in these comnunicalions. 3I. The following paragraphs contain a sunnary of the j.nforrnation exanined by the Special Connittee divided as iollolrs: (a) General s i tuabion; (b) Administration of justice, incJ.uding the right to fair trial,' (c) Treatment of civilians; (d) Treaernent of det.ainees; (e) Annexation and setLlementsi (f) Infornation concerning the occupied Syrian Arab Golan. 32. This infornation has been divided inco oral evidence and written infornation. In order to comply with rest.rictj.ons on the volune of docuneneation now enjoined upon United Nations reports, the Special Connittee has endeavoured to present this information under the nost. compact and concise form po6sibte. Oral evidence, for n'hich a full record of testimonies is available in documents A/AC.145/RT.507 to 518. has been contlensed to a general indication of the contents of such records. The reporb also attempts to surnrnarize written information, This informaLion is reflected in rnore detail in docunents of the Special Comnittee, which are available on file at the Secretariat. A. General s ituation 1. ( General deveLoprnents and poLicv statenents March 1989 is to be found Infornation on this subject covering the period from 26 August 1988 to 31 in the periodic report (A/44/352, paras. 8-46)). 33. On 3 April 1989, the Co-ordinator of activities in the territories, ShnueL Goren, met, for the first time since the beginning of the uprising, lrith representatives of alt the religious organizations in the Gaaa Strip. Following the neeting in Gaza it was announced that the civil adninistr'ation intended to release hundreds of Palestinian detainees held in IDF detention facilities in the southern part of Israel. Prornises were also made to the Arab refigious officiafs that more families would be given reunion authorizAtions. and that Israef Defence Force (IDF) forces r,rould try to refrain from entering mosques - unless they \,rere involved in disturbances of the peace. (Jerusalem Post, 3 April 1989; Ha'aretz, 4 April 1989 ) 34. On 16 April, it was reported that nelr means to disperse denonstrations in the Lerritories had been presented at a current security meeting held recentfy in the A/ 44 / 599 Engl ish Page 14 Strip. The new means included a smafl glider that would fl,y over areas where dislurbances r,rere taking place and would provide reports bo the IDF. and a Eear-gas rocket that rnay be launched from a travelting car. (Ha'aretz, 16 April 1989) Gaza 35. on 24 A.pril, figures compited by the United Natiorxs Relief and works Agency for Palestine Refugees i.n the Near East (ttNRwA) showed that aE least 24,977 Palestinians have been injured and 442 killed in clashes with Israetj. soldiers from the start of the intifadah on 9 December 1987 through 15 April 1989. The breakdown of casualities was Lhe following: caza Strip, 18,000 injured (36 per cent of then children aged 15 and under) and I31 kill.ed (19 per cent children), west Bank, 6,799 injuretl (14 per cent aged 15 and under) and 311 killed (14 per cent children). The figures, cornprising only those reported or rnade known to UNRWA but including non-refugee Pal.estinians. include injuries from gunshots, beatings, rubbe! bulLets and tear-gas administered by the Israeli arny. (Al-Fair, 24 April 1989) 36. On 1May, Defence Minister Rabin was reported to have decfared at the weekly cabinet neeting tha! the IDF woutd not take more severe military neasures to suppress the uprising. unless it was "in order to achieve poliEical objectives". ( Ha'aretz, 1 May 1989) 37. On 4 May, settlers decLared their iuteltion to shoot at and injure stone-throwers (see aLso para. 261). (Attalia, 11 May 1989) marked increase in death casualties among Palestinian children killed by IDF troops. The situation is particularly alafining in the Gaza Strip where many of the victins include children aged 5 and 6. The Swedish Save the Children organization indicated that the shooting of chitdren was not a resuJ.t of mistakes or accidents. It accused IDF soldiers of purposely filing at children and youngslers. Another report by the Canadian MiddLe gast Centre for Culture and Education shovred lhat 107 chitdren aged under 17 were killed during the 14 nonths of the uprising. Most of them were shot and hit in the head, chest or stornach, (Attalia, 4 May 1989) 38. On 4 May, several reports by international humanitarian bodies indicated a 39. On 12 May, figures concerning casuafties linked with the uprising wele made public by a new organization cal1ed "Betzelem" - Israeli Information Centre on Hurnan Rights in the Occupied Territories. It was reported that since the start of the uprising until the end of Aprj.l L989. 423 PafesLinians were killed by securj.ty forces or Israeli civilians. These incLuded 392 who were shot with live ammunition, including pl.astic bulletsi l-S wexe qhildren under 12 and 59 youths aged 13 to 16, 31 were kilfed as a result of beatings. efecerocution, burns and other injuries not due to the use of live ammunitioni and three were children under 12 and t!.o were aged 13 to 16. In addition, 70 Palestinians died shorlly after being exposed to tear-gas. These included 27 babies. During the sane period four IDF soldiers and nine Israeli civilians, including three babies, were kilLed in incidents linked to the uprising. In April L989 atone 33 PaLestinians r"ere killed - a narked increase iu conparison wibh March 1989 (21 killed), February 1989 (17 kirled) and January 1989 (l-q kiLled). (Ha'aretz, 12 May I989) 40. On 15 May, the Deputy Chief of Staff, Ehud Barak, revealed, in a decfaration given to the High Court of Justice the IDF standing instructions on the use of A/ 44 / 599 English Page 1.5 plastic bullets, He said lhat before firing tbese bullets a soldier must bake siE requirenents into consitleration: that all other meatrs must be exhausted before Ehe bullets were firedi that before firing at a person, a warning shot nust be fired into the airi that. a colunander present at the scene must give the order to fire; that the soldier must weigh carefully the decision to firei and that fire rnust be aimed carefully below the knee. If the nature of the terrain prevent6 accurate shooting the sotdier should not fire, and the fire must be airned only at a Particular individuaL. Special care must be taken to avoid others when firing, especially wornen and chifdren under 16. Barak said that since the IDF started using plastic buflets nine months earlier, 154 Palestinians were killed in the territories, including 61 from plastic bul1et. 6hots, as compared vrith 204 previously. a drop of 25 per cent in the deaeh rate. (Ha'aretz, JerusaLem Post, 16 May 1989) 41. On 27 l"lay, some 2,500 Israelis and 1,000 Palestinians held "peace neetings" organizeal by Peace Now in six west Bank Localities. The meetings were arranged in co*operation with 1ocal activists, (Ha'aretz, Jerusalem post, 28 May 1989) 42- on 10 June, Defence Minister Rabin reveaLed in an interview to the nilitary radio station that the capacity of IDF detention facilities wouLd be increased shortly from the present 8,500 to over 10,000 detainees. At presenb, 8,500 detaiuees or prisoners were being held in IDF detention facilities, in addition to over 4,000 convicted tefrorists being heLd in prisons. Mr. Rabin said that, in order to further calm down the violence in the territories, more neans were teeded for ''selective punislunent of activists". Expulsion of inciters vas, in principfe, a good example for such a selective punisbnent, but at present. over nine nonths of Legal proceediugs could pass before someone was expelled, with the result that the desired effect was lost. (Ha'aretz, 11 June 1989) 43. On 14 June, the Israeli Infornation Centre on Hurnan Rights iu the Occupied Territories released data on the nwnber of persons killed in the territories since the beginning of the uprising until nid-June 1989. According to the data approximately 20 per cent of those kitled were under 16 years of age. Som 425 Palestinians were killed by gunfire (inctuding plastic bullets), shot by the security forces or by Israe]i civilians. They included 17 children under 12 and 68 aged 13 to 16. Another 32 r*ere killed by beatings, electrocution, burning and other causes and over 70 others, incLuding nearly 30 babies, died shortly after being exposed to tear-gas. (Ea'aretz, 15 ,June 1989) 44. On 19 June. it yras announced that Southern Region Coflunander Aluf (Maj.-Gen) Yitzhak Mordekhai was to repLace Afuf Amlam Mitzna as Central Region Conmander. The new Southern Region Commander rould be the present head of Manpower Branqh in the GeneraL Staff, Aluf Matan vilnai. (.TerusaLen post, 20 June 1989) 45. On 21 June, it lras reported that Defence Minister Rabin had asked the Justice Minister and the Attorney-Gene ral to devise the 1egal means to inplernent severa] new punitive measures to help the fDF and the security services deaL rnore effectively with continued violence in the territories. Mr. Rabin specifically asked Justice Minister Dan Meridor to find the ',legal soLution" to perni! the expulsion, within 72 hours to one week, of "central figures taking parE in A/44/ 599 English Page 16 incitenent. organization and participation in viol.ence", to be able to demolish or seal houses lrithout appeal aud to extend administrative detention terrns fron 6 months to one year, On 23 JuDe 1989, it was reported that the Justice Ministry st.rongly objected to sone of these measures. (Jerusalern post, 2\, 23 June 1989) 46' On 5 July, it was reported that new regulations for opening fire at suspects had recently been introduced in the territories. Chief of Staff Dan Shonron told the Knesset ['oreign Affairs and Defence Committee that palestinians in the territories who went out on the streets rdith their face masked coutd now be fired at in case they ignored an older to halt. According to one repott the new regulations were, for the tine being. appLicable only in the Gaza Strip and were intended to deEer nasked youths who have recently been confiscating and destroying pernits given to Arab workers to travel to Israel for their jobs. (Ha,areEz, Jerusalen Post, 5 July 1989) 47. On 10 .Iuly, the IDF spokesnan issued data on the nurnber of casualties afiong the Palest.inian population since the beginning of the uprising. According to the data, which were up to date for 4 JuIy L989, 4L7 Arabs were ki1led and 6,912 injured (lhe fsraeli Infornation Centre on Human Rights put the figure of Arabs killed at 486, and the Associated Press agency at 482). The IDF spolesman gave the folfonring data for the period from Decenber 1987 to June 1989 (until 4 Juty 1989). In the West Bankt the IDF suffered 7 dead and 778 injured; Jelrish setefers - 9 dead and 601 injured, Palestiaians - 263 dead and 4.650 injured, In the Gaza Strip: IDE - 4'17 injured,. Jegish settlers - 53 injured; palestinians - 154 killed and 2,262 injured. Some 160 houses were demolished in the West Bank and 67 in the Gaza Stript 68 houses were sealed in the West. Bank atld 34 in the Gaza Strip. Sone 53 Palestinians were expelled and 5 others had expulsion orders issued against then. A total of 8,355 patestinians were at present being detained: I,'166 of them were convicted prisoners and 1,4a9 were detained pending their trial, 3,433 persons were detained until the eud of the lega1 proceedings and 1,815 were administrative detainees. According to data issued by the Israel Hutnan Rights Centre the number of PalestiniaDs killed in the territories since the start of the uprising was 486, including two persons shot to death on 9 July 1989. These figures incLuded Palestinians killed by Israeli civiLians. Some 452 of them were kilLed by live or plastic bullets - including 21 chiLdren under 12 years of age and 71 children aged 12 to 16t 32 vrere kilted as a result of beating, e.Iectrocut.iou or other causes. The figures did not include persons irho died as a result of inhaling tear-gas since the link between gas inhalation and death had not been proven beyond doubt. According to ,'Associated press',, in addition to 482 Pa.lestinians kitled by t.roops aDd Israeli civilians, 70 others were kilLed by other Palestinians. mostly on suspicion of coltaborating with Israel . Patestinian sources added in their figures several dozen people killed in unclear circumstances, mostty as a result of strong exposure to tear-gas. (Ha'aretz, 10 July 1989 ) 48. On 2 August, it was reported that, according to statistics published the previous day by the Israeli Information Centre on Hurnan Rights in the Occupied Territories, "Betzelem", 509 Palestinians had been kiLled by Israeli soldiers and civilians since the start of the uprising in December L987 t 477 of then wele kilLed by live annnunition and plastic buflets - including 23 children aged up to 12. and 76 aged between 13 and 16, 32 others vrele killed by other causes, such as beatings. A/ 44/ 599 English Page 17 burns or electrocution. Over 70 others died shortly after exposure to tear-gas, including some 30 babies. In the rnonth of ,July alone 32 PaLestinians were kifl-ed, compared wich 20 in June. During the same period 10 Israefi civilians, including three infants, and five soldiers were killed in incidents related to the uprising. (Ha'aretz, JerusaLen Post, 2 Augus! 1989) 49. on 2 August, it was reported that Pafestinian aclivists in popular conmittees in several tolrns and villages in the northern West Bank haal been keeping a network to collect information on alleged collaborators with Israel, Por that purpose they reportedly set up at least tlro centres of interrogation operating in Nablus. fn other localities, many alleged co]laborators vere kidnapped and intensely interrogated for several days in secret I'popular conmittees" hidiug pLaces. According to the repolt. interrogation of suspected collaborators was acconpanied by violence and death threats if the interrogated informed the security aubhorities about their interrogation. (Ha'aretz, 2 August 1q89) 50. On 3 August, the High Court of Justice reject.ed a petition of the Association for Civil Rights in Israel, which chaLl.enged use by the IDF of plastic bullets. The presideut of the Suprerne Court, Justice Meir Shangar, and Justices Moshe Beisky and Eliyahu Matza ruled that there was no legal flaw in the IDF policy. They added thaL they did not find anything in the naterial that was submitted bo then indicating that. iflegal orders had been given in connection with the use of plastic bullets, They concluded that the use of fire arms in circunstances which justified such a use "according to the principles of law, could not constitute a reason for intervention by the High Court of Justice". (lla'aretz. Jerusalen Post, 4 August 1989 ) 51, On 17 August, it was reported that the IDF Central Region Command was considering new ways and melhods !o suppress violence connected with the uprising. Among the new neans the fotlowing were mentioued: shooting at masked persons, in the frainework of the "procedure to arrest a suspect" (a mettrod that was introduced in the Gaza Strip one rnonth earlier),i resorting to harsher collective punishment in cases of terrorist acts invofving the use of fire-arms (such as seafing the street, shops and alLeys in Ramatlah vrhere a petrol bomb was throlrn at. a car of Israeli lax-collectors)i and imposition of night curfews on towns and vilLages where vio.lent activities were carried out afte! night-fatl - as nras done in Jenin recently, and in many Gaza Strip Local.ities. for extented periods of time. ( Ha ' are t.z, 18 August 1989) 2. Iucidents linked with the uprisinq of the Palestinian popufation aqainst the oc cupat ion Oral evidence 52. Most witnesses testified on the dramatic conditions prevailing in the t.erritories as a consequence of the uprising. Many referred to their Personal experience, often involving rounding by buLlets. tear-gas or beating, during clashes with menbers of arned forces or settle!s, and resuLting in several cases severe injuries. a/ 44 / 599 Engl ish Page 18 "We were taking part in a peace march in honour of one of the martyrs. The army was trying to attack the city but it vras unable to do that because of the crovrd.s. So the helicopters came and they started to drop gas bombs and stones. and to fire buLlets. I vras one of those who fainted. A large number of people lost consciousness. I remained unconscious for about 12 hours. When I woke up I found difficutty in breathing, my nose was running, ny face was hurting and rny body f,el.t very weak. That uas how I felt, I renained like that for a nonth." (Ms. Ahlan Mohaned Said. A/AC.l-4SlRT.51O) and every nother/ lrhen hearing the neighbours being attacked by the police, her children and tol.d them to run away. for example, my mother ran from the house vrhere I used to live, which is about 2OO n. away from the o1d house. She woke me up so that I could run alday. When we ran away we found that the who.le town qras surrounded by the armyi wherever you went you were faced by army men. So we had to defend ourselves, because we knew vre .t{ere facing death. Women, children, young gir]s, the o1d, the elderl.y, aL1 of them came out to defend the young men. Of course, there were skirrnishes with the police. We started showering then with stones, and from the filst stone that hit, they started firing live arnrnunition. This was 3.30 a.n., when we had the skirmishes vrith the army: it was still dark, It continued untit 5 o'clock in the morning. In the norning, shen we started counting, we found we had Lost three martyrs and there r+ere 25 wounded. Vfe tried to take the wounded to hospital but we found that the army was canped about I km outside the tol^'n and they started firing at the cars that vrere carrying the wounded. In the end the Red Cross intervened and we were abLe to have ambulances come to take the wounded to hospital." (Mr. Muphid Nearat, A/AC.145/RT.510) r,roke up "... That night a large nurnber of the arny came to our town. We don't kuow how nany there were because thele were very many. Tbey started arresting many of the young men. They took about 15 of them who were asleep in their houses. In other parts of the town the families woke up and heard the noise, hin said that the bultet danaged the liver of the young nan.,, witness, A/AC. 14 5 /RT. 512 ) things. "The army withdrew and the settlers started coming towards the village at about a quarter or ten to eleven. When the settlers walked into the vitlage, they fired at the water tank on the roof of a house. They went to alrother housei they entered through the eastern aloor and pointed their guns at the owner of the house. He asked then why they vrere doing that. One of then lowered his rifle and fired, wounding hi.n in lhe leg with tiro dwn-dum bullets which exptode. They also fired on another person, again airning at the fegs, in order to break them. ADother house had a glass eoclosed verandah which they broke. and they also destroyed a car parked near the house. Another group of settfers vounded a 14 year-old boy. He received a bultet in the side of his stonach, which came out at the other side, aEd the doclor who treated (Anonymous "Fourteen soldiers came and attacked the house. Ahey started breaking They broke the tetevisiou set and the furniture and the windows. I asked them why they were doiDg this. One of the sofdiers hit ne in the back ltith his gun, t{hen he did this. I pusheat hin and he fell to the ground. Then another soldier came to the assistance of the first one and he fired at me.,, (Miss Judeh Saleh, A/ AC. 14 5 /RT. 514 ) A/ 44 / 599 Engl i sh Page 19 53. Testimonies relating to the incidents linked with the uprising of the PalestiniaD population against the occupation nay be found in documents A./AC.145/RT.507 (Dr. Hani Habib); A/AC.14s/RT.509 (Dr. Sanir Salaneh Khalil); A/AC.145/RT.510 (Ms. Ahfam Moha$ed Said, Mr. Abdel Nasse! Mahmud, Mr. Hekmat Jaber, Mr. Muphid Nearat, Mr, Omar Basha)t A/AC.14s/RT.512 (two anonymous witnesses)i A./AC.145/RT.512lAdd.1 (Mr, Walid Said Mustapha, Mr, Zuhdi Saed); A/AC.145/RT.513 (Mr. Usama Sayeh); A,/AC.14s./RT.514 (Ms. tunal Ousman Mustapha, Miss Judeh Saleh, Mr. Hanan Loubadeh), A/AC,145/RT.515 (six anonl'mous witnesses)i A/AC.14s/RT.516 (an anonlmous witness); A/AC.145/RT.517 (two anonymous witnesses) and A/AC.145lRT. 518 (Mr. Hafez Toukan). A/ 44 / 599 English Page 20 Written information (Information on this subject covering the period frorn 26 August 19g9 to 31 March 1989 is to be found in the periodic report lA/44/352, paras. 47_50)). 54. During the period covered by the present report, the Special Conunittee continued to receive communications from various sources, as well as a considerable a$ount of reports from various ne$rspapers, providing information on the overall situatioD resufting fron the uprising of the paLestinian population against the occupation. According to these report.s, civiLian deaths have contj"nued to occur on a wide sca1e. In a communication transmitted by funnesty Internationaf dated 26 May 1989 entitfed "fsrael and the Occupied Territories: Extrajudicial Er