Palestinian detainees from the West Bank remain in detention on Erez crossing pending unlawful transfer

PCHR is following with grave concern the situation of 18 Palestinians from the West Bank, who are currently being held by Israeli Occupying Forces at the Erez military compound, pending the completion of the procedures for their transfer to the Gaza Strip. 

On Tuesday, 14 October 2003, Major General Moshe Kaplinsky, GOC of the Central Command of the Israeli Occupying Forces, issued a military order to transfer 15 Palestinians, who were being held in administrative detention, from the West Bank to the Gaza Strip.  The 15 were then transported to the Erez military compound where they were handed a signed military order, detailing the transfer (see translation of the order below).  The military order specifies that the detainees will be “assigned residence” to the Gaza Strip for up to a period of two years.

Also on Tuesday, PCHR lawyer, Tamim Younis, attempted to seek access to the 15 detainees being held in Erez.  Younis was initially denied access but was later permitted to meet with four of the detainees. 

This morning, Israeli Occupying Forces transported a further three Palestinian detainees to the Erez military compound under a similar procedure.  Thus, the number of administrative detainees being issued with the transfer order is now 18.  PCHR expects to complete legal visits to each of the detainees today and is currently preparing, in cooperation with Ad-Dameer Association for Human Rights, an appeal against the transfer orders. Ad-Dameer Association for Human Rights, had been representing a number of the detainees during their period of administrative detention.

PCHR reiterates is condemnation of these unlawful transfers which constitute a grave breach of the Fourth Geneva Convention.  Transfer of protected persons within occupied territory is prohibited by article 147 of the Convention, and further clarified as a war crime in article 85 of the Additional Protocol I to the Geneva Conventions. PCHR remains concerned that this latest transfer order may be a prelude for larger-scale transfers of Palestinians from the West Bank to the Gaza Strip. 

PCHR condemns the ongoing failure of the international community, specifically the High Contracting Parties to the Fourth Geneva Convention, to intervene to halt such unlawful actions.  PCHR repeats its calls to the international community to take immediate concrete steps to ensure the cessation of unlawful transfers of Palestinians and all other grave breaches of the Convention perpetrated by the Israeli Occupying Forces against the Palestinian civilian population.

Full Text approval to assign residence in the Gaza Strip

In my authority as the IDF Commander in the Gaza Strip, I declare my approval to assign residence of those mentioned below, in accordance with article 86(b)(1) of Military Order on Security Matters (Judea and Samaria) no. 378 of 1970:

1. Hani Hamdi Hammad al-Rujbi 900137258
2. Taha Ramadan Rateb Dowaik 908226236
3. Nasser Yousef Joma’a Salama “Qawawra” 974154395
4. Rami Fawaz Hassan Hujaiji 904383379
5. Ahmed Hussein Mohammed Mishkah 901536060
6. Rasem Hattab Hassan Mustafa 905168084
7. Lu’ai Mohammed Subhi Yousef Daoud 978154367
8. Samer Subhi Mohammed Daridar 900403510
9. Sami Hassan ‘Ali al-Sous 907310957
10. Shadi Isma’il Sati ‘Ayash 910647999
11. Hussam Hamdallah ‘Abdul Qader ‘Ouda 900709163
12. Raja ‘Ata Mohammed Harazallah 948263637
13. Mustafa Hassan Mohammed (Ramadan) ‘Aabed 99494066
14. Munther Mohammed Younis al-Ja’ba 907598007
15.    Samer ‘Abdul Ghaffar Fayadh Abu Zaina 996901914

Assigning residence of the aforementioned persons in the Gaza Strip shall be conducted according to an order issued by the IDF Commander in Judea and Samaria to assign their residence, and in accordance with all security laws and legislations. 

13 October 2003

Major General Dan Harel
IDF Commander
Gaza Strip

2. A copy of a military order issued by the Commander of the Israeli Occupying Forces in the Gaza Strip approving the “assignment of residence” of 15 Palestinians to the Gaza Strip. 

Israel Defense Force

Approval to Assign Residence in the Gaza Strip

In my authority as the IDF Commander in the area, in accordance with article 86(b)(1) of Military Order on Security Matters (Judea and Samaria) no. 378 of 1970, as I believe it is necessary for security reasons, due to the need to deal with terrorist acts and their perpetrators, and following receipt of approval of the IDF Commander in the Gaza Strip, I hereby order that Hussam Hamdallah ‘Abdul Qader ‘Ouda, ID no. 900709163 will be required to live in the autonomous areas in the Gaza Strip, within the meaning of the order on interpretation (Gaza Strip) (no. 300) of 1969.

This order may be appealed to the legal advisor of Judea and Samaria, within 48 hours of receipt of the order, who will then present the appeal before a military appeals committee.

I also order that the aforementioned person be held in custody until his transfer to the assigned location.

The order enters into force upon date of signing and shall remain in effect for two years.

13 October 2003

Moshe Kaplinski
Major General
IDF Commander in Judea and Samaria

The order was handed to the aforementioned person through _____________ on (date) __________ at (hour) ______________

Signature of the detainee