Khader Urges Hamas and Fatah’s Leadership to Form a Unity Government

6/9/2006

As reported by Khader’s lawyer, Buthayna Daqmaq, Mr. Khader, who has now been placed in solitarily confinement in Bir el Sabi’aa prison, urges the Palestinian leadership to   formulate a unity government that would represent the Palestinians’ needs and speak in one voice on their behalf

Consequently, he called upon Fatah and Hamas to agree on a nationalist agenda that aims at pursuing and accomplishing Palestinians’ basic national goals. He also calls upon the Palestinian leadership to respond effectively to Palestinians’ immediate and daily needs, including, but not limited to, providing Palestinian workers with their salaries, addressing the economic challenges facing them and providing them with the services that they deserve.

Khader criticized the Palestinian leadership for its inability to fulfill Palestinians’ needs and services and criticized the Palestinian government, along with its oppositions, for failing to properly address and pursue Palestinians’ national objectives.

As far as the status of the Palestinian prisoners is concerned, Khader provided a vivid picture and assessment of the challenges that continue to face all Palestinians and other Arab prisoners, notably the Lebanese prisoners in Israel. He expressed the fear that Palestinian prisoners feel when negotiations for possible prisoner exchange are taking place. He insisted on addressing the status of each prisoner in order to eventually guarantee their release as a step toward addressing and fulfilling the rest of the Palestinians’ national dreams and goals.

PRESS RELEASE –29 August 2005

HUSSAM KHADER, PLC MEMBER, ILLEGALLY DETAINED BY ISRAEL FOR 2½ YEARS FACES 16^TH TRIAL HEARING IN 2½ YEARS ON 4 SEPTEMBER 2005

On 4 September 2005, Jailed PLC Member, HUSSSAM KHADER, will face his next trial hearing during his 2½ year detention. The trial hearing will take place at Salem Military Court in the West Bank. Hussam Khader is a popular Palestinian leader from Fateh representing the Nablus district, and a former Ministerial Official.

Khader's lawyer and Defence team have expressed their serious concerns about the trial's proceedings to date. At the last trial hearing on 29 June 2005, Israeli Officials admitted, under questioning, that evidence and witness statements, purported to incriminate Mr Khader, had been fabricated. Despite being under intensive interrogation, including torture, during his extended detention, Mr Khader has consistently denied all the charges against him.

The Inter-Parliamentary Union (IPU) who have been monitoring Mr Khader's case for the past 2 years sent Mr. Simon Foreman, its legal observer, to cover the trial of Mr. Khader at the last hearing in June 2005. Mr Foreman will be attending this next trial hearing as a legal observer. The IPU has expressed its serious concern about the violations of international law in Mr Khader's trial to date. Most especially, the IPU has expressed its "deep concern that the prosecution case essentially rests on the statement of one person, who himself does not appear to be a credible witness".

45 Palriamentarians from the European Parliament, the British House of Commons and the House of Lords , the Palestinian Legislative Council and the Israeli Knesset, and the Algerian, Swiss, Brazilian and Phillipines Parliaments have expressed concerns about Mr Khader's case and have called for his immediate release - see website ( www.hussamkhader.org/english).

 The main evidence against Mr Khader rests on the evidence of this witness. Mr Khader's Defence team has been denied the opportunity so far to question this witness about the circumstances relating to his interrogation, in order to establish whether his confession was extracted under duress and coercion. The witness has stated that he had himself been tortured while under investigation himself and was pressured into implicating Mr. Khader in his confession, although he had never had any direct contact with him.

 The Court has denied Mr Khader's Defence the opportunity to cross-examine state witnesses about secret evidence that "allegedly" implicates Mr. Khader in criminal activities. Khader's Defence filed a motion to the appellate military court asking for the disclosure of the secret evidence allegedly compiled against Mr. Khader, since such material could be exculpatory. However, the appellate court rejected the motion. The prosecution is also using secret evidence against in Mr Khader's case. By depriving Mr Khader and his lawyers access to the evidence on which the case is based, this makes the trial nominal and false, and means it falls short of internationally-accepted standards for a fair trial.

At his last trial hearing on 29 June 2005, Mr Khader was permitted to address the Court for the first time. He spoke about the torture to which he had been subjected during his 90-day interrogation. Despite torture being declared illegal by the Israeli Supreme Court in 1999, Palestinian prisoners continue to be subjected to torture as a means of interrogation. Khader told the Court that a team of intelligence officers had interrogated him, including subjecting him to torture. He was kept awake and denied sleep for days at a time, and was often unaware whether it was day or night. At one point he was held in Israel's notorious secret prison, Facility 1391. On many occasions, intelligence officers came into his cell while he was sleeping; he was forced to stand up, face the wall and a bag was put over his head. His hands and legs were tied and he was sometimes kept like this for up to 2 days at a time. He was given very little food and water and therefore felt very weak. On many occasions he was not permitted to go to the toilet.

 The Popular Committee in Support of Hussam Khader and Palestinian Prisoners is very concerned about the fairness of Mr Khader's trial proceedings to date, especially the possibility that he is likely to be sentenced to a lengthy prison term not having had a fair trial.  

 The Committee calls on local and international human rights agencies, and the international community, to put pressure on the Israeli Authorities to ensure that international legal standards are adhered to in Mr Khader's trial.  If this is not guaranteed - and this has not occured to date in the trial - Mr Khader must be immediately released and the charges agahinst him dropped.  

A comprehensive report produced by the Support Committee on Mr Khader's case is available to download on the Campaign website: www.hussamkhader.org/english

REPORT ON THE 15^TH HEARING IN THE 2-YEAR TRIAL AGAINST PALESTINIAN PARLIAMENTARIAN, HUSSAM KHADER

held on 29 June 2005,

Salem Military Court, West Bank

On 29 June 2005, the 15^th trial hearing in the case of HUSSAM KHADER, Palestinian Parliamentarian, was held at Salem Military Court in the West Bank.

For the first time during the 2-year trial, Israeli Intelligence Officers admitted that evidence, including audiotapes, purported to incriminate Mr Khader, had been fabricated. In addition, when questioned by Khader’s lawyer, Riad Anis, an Israeli Intelligence Officer admitted that evidence from 2 prosecution witnesses had also been fabricated.

Hussam Khader has now been detained for over 27 months, following his arrest in Nablus in March 2003. Khader has denied all the charges against him. Khader and his defence team argue that the charges are fabricated and are largely based on the testimony of a single witness who was himself tortured and under trial at the time.

This was the first trial hearing at which the legal observer from the Inter-Parliamentary Union (IPU) was present. The IPU has been monitoring Mr Khader’s case for over 2 years and has issued 7 resolutions expressing their concerns about the violations of international law in his case, including international law standards to guarantee him a fair trial. The latest IPU Resolution (April 2005) “notes with deep concern that the prosecution case essentially rests on the statement of one person, who himself does not appear to be a credible witness”.

KHADER SPEAKS IN COURT ABOUT TORTURE

For the first time at his trial hearings, Mr Khader was able to address the Court. He told the judge about the torture, including different methods of torture, to which he had been subjected during his 90-day interrogation. Despite torture being declared illegal by the Israeli Supreme Court in 1999, Palestinian prisoners continue to be subjected to torture as a means of interrogation.

Shortly after Khader’s arrest, the World Organisation Against Torture (OMCT) issued an urgent appeal expressing their concern about the use of inhumane methods of interrogation against him (Case ISR 190303). The OMCT expressed concern “for the physical and psychological integrity of Mr Khader, given the excessive use of force during his arrest, and the fact that [Khader] was detained incommunicado, with the heightened risk that he will be subjected to ill-treatment or torture that this entails”. They called on the Israeli authorities “to order [Khader's] immediate release, in the absence of valid legal charges, to guarantee that he is provided with adequate reparation, and to guarantee that the perpetrators of these acts are brought to justice”. http://www.omct.org/base.cfm?page=article&num=2993&consol=close&kwrd=OMCT&cfid=1287281&cftoken=56738283

Mr Khader told the Court that a team of intelligence officers had interrogated him, including subjecting him to torture. He was kept awake and denied sleep for days at a time, and was often unaware whether it was day or night. At one point he was held in Israel’s notorious secret prison, Facility 1391*, where he said it was dark all the time. He told the Court that, on many occasions, intelligence officers came into his cell while he was sleeping; he was forced to stand up, face the wall and a bag was put over his head. His hands and legs were tied and he was sometimes kept like this for up to 2 days at a time. He was given very little food and water and therefore felt very weak. On many occasions he was not permitted to go to the toilet. Khader said the worst periods were when he was denied sleep for a period of 48 hours, and then another period of 60 hours. Throughout these periods, his hands and feet were tied while he was interrogated, and he suffered severe back pain, which he continues to suffer from.

ADDITIONAL FABRICATED ALLEGATIONS

Mr Khader was also asked about a trip he made to Iran in 2001 as a member of an official Parliamentary delegation to an international conference. Khader told the Court he had been chosen by the Palestinian Legislative Council to represent them as a member of the Palestinian delegation, as he had been chosen on other occasions to represent the PLO and the PLC on visits to other countries. Khader said that accusations that he had been given a large amount of money in Iran were untrue. He said that a leaflet later published by political opponents accusing him of taking money from Iran had been a cheap political move by individuals who were angry with him because of his outspoken statements against corruption and the lack of democracy in the Palestinian Authority. He named the individuals, members of the Palestinian Authority under former President Arafat. He said they had authorised publication of these false accusations in a leaflet. Khader said that Israeli Intelligence had taken these false accusations being made by political opponents and were now using them as charges against him, although there is no evidence to support the claim. Prosecution witnesses have also admitted that they were asked to falsely incriminate Khader by former senior members of the Palestinian Authority.

Khader told the Court that he believes the case against him is an attempt to silence him because of his political beliefs, his comments highlighting corruption and the lack of democracy in the Palestinian Authority, his calls for respect for human rights and justice, and his staunch support for a just solution to the issue of Palestinian refugees and their right of return, as enshrined in UN Resolution 194. 

 Hussam Khader continues to suffer severe back pains as a result of the inhuman conditions he is being held in. For the 4 days prior to the hearing, he had been moved to various prisons and kept in small cells where he had been unable to sleep. He told the judge that he continues to be denied proper medical treatment for his back pain

 NEXT HEARING

The next hearing in the trial was set for 4 SEPTEMBER 2005. At the next trial hearing, the defence will question witnesses who have since claimed that their evidence was extracted under pressure and duress, including torture.

 * For further information on Facility 1391, see the Report by the International Commission of Jurists, Swedish Section, Dec 04 (http://www.icjsweden.org/Facility%201391,second%20hearing.original.pdf)

PRESS RELEASE - 26 June 2005

HUSSAM KHADER, PALESTINIAN PARLIAMENTARIAN,

ILLEGALLY DETAINED FOR 2 YEARS AND 3 MONTHS,

CONTINUES TO FACE A PROLONGED TRIAL IN VIOLATION OF INTERNATIONAL LAW AND INTERNATIONAL FAIR TRIAL STANDARDS

HIS NEXT TRIAL HEARING IS ON 29 JUNE 2005

36 PARLIAMENTARIANS FROM AROUND THE WORLD

CALL FOR HUSSAM KHADER’S IMMEDIATE RELEASE

Arrested in March 2003, Palestinian Parliamentarian Hussam Khader has been illegally detained for 831 days (2 years and 3 months) in Israel as his trial hearings have been repeatedly prolonged. Various international human rights organisations continue to express concerns about Khader’s case and the violations of international law to guarantee him a fair trial.

In addition, 36 Parliamentarians from the European Parliament, the British Parliament, the Palestinian Legislative Council and the Israeli Knesset have signed the petition or statement calling for the immediate and unconditional release of Mr Khader (see below).

·         Hussam Khader denies the charges against him and claims they are fabricated and were obtained from a single state witness under duress. Khader and his lawyer continue to be denied access to confidential evidence which the prosecution claims allegedly implicates Mr Khader.

·         The Inter-Parliamentary Union (an international organization of Parliaments of sovereign States representing 130 parliaments world-wide, including the Israeli Knesset) who are monitoring and observing Khader’s case, have expressed consistent concerns about the case and the violations of international law that have occurred. Their latest Resolution (April 2005) “notes with deep concern that the prosecution case essentially rests on the statement of one person, who himself does not appear to be a credible witness”.

·         In all its resolutions, the IPU has repeatedly stated that the concerns put forward in its expert report on PLC member Marwan Barghouti’s trial with respect to transfer of Palestinian citizens to Israeli territory, the conditions of detention and interrogation methods, and the competence of Israeli Courts to judge Marwan Barghouti, "apply mutis mutandis in the case of Hussam Khader". Following Marwan Barghouti's trial, the IPU's Legal Expert concluded that 'numerous breaches of international law recalled in this report make it impossible to conclude that Mr. Barghouti was given a fair trial'.

PARLIAMENTARIANS CALL FOR KHADER’S IMMEDIATE RELEASE:

·         In April 2005, a PETITION was launched calling for the immediate release of Hussam Khader, and to demand that Israel respect international law and adhere to internationally-accepted legal standards to ensure a fair trial for Mr Khader.

·         To date, the petition has been signed by over 560 people, including Luisa
Morgantini (Member of European Parliament), Caroline Lucas (Member of European Parliament), Brian Iddon (Member of Parliament, UK), Richard Burden (Member of Parliament, UK), Michael Connarty (Member of Parliament, UK), Anne Campbell (former Member of Parliament, UK), Professor Noam Chomsky (USA), Professor Naseer Aruri (USA), Dr Elaine Hagopian (USA), Dr Uri Davis (Palestine/Israel), Frances Webber (UK Barrister), Henry Blaxland QC (UK Barrister) and Dr Rosemary Sayyigh (Lebanon) among others (see www.petitiononline.com/hussam22)

·         In addition, a STATEMENT expressing concern about Khader’s case and calling for the immediate and unconditional release of Hussam Khader has been signed by 8 members of the Israeli Knesset and 23 members of the Palestinian Legislative Council, including the President and Deputy President of the PLC.

·         The statement expresses concern that: “the legal proceedings since Mr Khader's arrest and throughout his 2-year detention have violated international law and international fair trial standards. As a result, he will not receive a fair trial, and continues to be subjected to legal proceedings that are in violation of international law”. The statement calls for the immediate and unconditional release of Hussam Khader.

KHADER’S STATEMENT:

·         Following his last Court appearance in April 2005, Hussam Khader released a statement in which he urged the Palestinian Authority and the international community at large to intervene on behalf of Palestinian political prisoners who continue to suffer illegal and inhuman conditions of detention and torture in Israeli jails.

·         In addition, Khader stressed the need to focus Palestinians’ attention on achieving their national goals of establishing an independent Palestinian state in all of the territories occupied by Israel since 1967. He also emphasized his commitment to resolving the Palestinian refugee problem on the basis of the United Nations Security Council’s Resolution 194, and called upon the Palestinian Authority to challenge all attempts aimed at depriving Palestinians of their fundamental national objectives.

NEW: A COMPREHENSIVE REPORT on Hussam Khader’s case will be available on the website shortly.

FURTHER INFORMATION:

For further information on the CAMPAIGN IN SUPPORT OF HUSSAM KHADER AND PALESTINIAN POLITICAL PRISONERS and what you can do to help, see:

Tel/fax: +972 9 2338930, Mobile: +972 599 382930,  +0522 476593

http://www.hussamkhader.org

info@hussamkhader.com

PRESS RELEASE – Tuesday 15 March 2005

DETAINED FOR 2 YEARS ON FABRICATED CHARGES, PALESTINIAN PARLIAMENTARIAN HUSSAM KHADER,

FACES LATEST COURT HEARING

On Sunday 20 March 2005, the next Court Hearing for Hussam Khader, Palestinian Legislative Council (Parliament) member, will be held at Salem Military Court.

First arrested in March 2003, Hussam Khader has been held, in violation of international and human rights laws, in various Israeli jails for 2 years, including one year in solitary confinement.

This is the 12th time Khader's trial has been postponed and a trial date has not yet been set. Khader denies the charges against him and claims that they are fabricated and have been obtained from a state witness under duress and pressure. Following Khader's previous court hearing in November 2004, Knesset member, Jamal Zahalka, accused the Israeli Authorities of fabricating the evidence against Khader.

International support for Hussam Khader's case and his continued illegal detention continues to grow:

·The World Organisation Against Torture (OMCT) and the Inter-Parliamentary Union’s Committee on Human Rights of Parliamentarians have both expressed concern about the illegality of the legal process in Khader’s case and his conditions of detention, the interrogation methods used, inadequate access to his lawyers and the severe restrictions on family visits - all in violation of international human rights laws.

·The Inter-Parliamentary Union (an international organization of Parliaments of sovereign States representing 130 parliaments world-wide, including the Israeli Knesset) has monitored Khader's case for 2 years. They have issued 5 resolutions expressing consistent concerns about Khader's case and the serious violations of international law in his case (see:  http://www.ipu.org/english/issues/hrdocs/175/pal04.htm).

Adopted 24-27 January 2005, the latest resolution on Hussam Khader (Case No. PAL/04), specifically highlights the illegal forcible transfer of Palestinian prisoners, including Khader, to Israeli territory for the purpose of their prosecution, and the incompatibility of certain interrogation methods and conditions of detention with international human rights law to which Khader and other prisoners have been subjected.

The IPU have decided to send a legal observer to Khader's trial, as they did in the case of imprisoned PLC member, Marwan Barghouti. Following Barghouti's trial, the IPU's Legal Expert concluded in his report: 'numerous breaches of international law recalled in this report make it impossible to conclude that Mr. Barghouti was given a fair trial'.

 (see: http://www.ipu.org/english/issues/hrdocs/174/report.htm).

The IPU continues to monitor developments in Khader's case.

·A motion in the British House of Commons on Palestinian prisoners, tabled in December 2004, and signed by over 100 Members of Parliament, expressed concern about the thousands of prisoners in Israeli jails, and in particular the “serious legal concerns raised by the Inter-Parliamentary Union in the cases of the imprisoned Palestinian Parliamentarians Marwan Barghouti and Hussam Khader”.

               (See: http://edm.ais.co.uk/weblink/html/motion.html/ref=243)

PRESS RELEASE – 28 Nov 04

Israeli Military Court Delays PLC Member Hussam Khader’s Trial for 10^th time until March 2005

On 28 November 2004, the Israeli military court held a court hearing on PLC member Hussam Khader’s case. Once again, the Court delayed Khader’s trial until 6 March 2005. At the court hearing, the accusations against Khader were raised, however all decisions on his case were delayed. Israeli guards prevented numerous politicians and activists from attending the court session, including the Knesset member, Jamal Zahalika, and Khader’s sister, Layla Khader and her husband, Tayseer Nasrallah. Other local and international activists and observers who had also gathered in the vicinity of the Court were not permitted to attend the trial.

Eventually, Khader was allowed to speak for five minutes to the people in the Court.  Khader stressed the importance of various fundamental issues at this new juncture in Palestinian politics that have emerged following the death of President Yasir Arafat. Khader stressed, more than ever, the need to maintain and strengthen Palestinian political and national unity. He stressed the need to strengthen Palestinian national and democratic institutions by creating more legitimate, representative and transparent processes in these institutions. He also echoed Palestinians’ demands to end all forms of corruption that have significantly weakened Palestinian institutions. Furthermore, he stressed the need to advance Palestinian political objectives and pursue the achievement of all Palestinian national demands, including the establishment of an independent Palestinian state in the West Bank, Gaza and East Jerusalem, and supporting the just demands of Palestinian refugees.

Knesset member Jamal Zahalika criticized Israeli practices towards the Palestinians and their leaders, in particular Israel’s treatment of Hussam Khader and his continued illegal imprisonment. He called for increased domestic and international pressure to guarantee the fulfilment of Palestinian demands, and respect for their human and political rights. After the trial, Tayseer Nassrallah, Khader’s brother-in-law, stated that the imprisoned leader strongly believed in the Palestinians’ determination to face all the difficult challenges and continue their struggle in order to achieve their national and political goals. In the end, Hussam Khader sent his best wishes to the Palestinians, his family and his friends.

PRESS RELEASE - 24 November 2004

PLC MEMBER HUSSAM KHADER HAS BEEN ILLEGALLY DETAINED

IN ISRAEL FOR 20 MONTHS

HUSSAM KHADER FACES 9^TH ILLEGAL COURT HEARING

ON 28 NOVEMBER 2004

Hussam Khader, member of the Palestinian Legislative Council, will be brought to Salem Military Court on Sunday 28 November at 10am for his latest Court hearing. Khader was arrested in March 2003 and has been detained illegally in Israel since then. As a member of the Palestinian Legislative Council, Khader’s arrest and illegal detention violates his parliamentary immunity.

Khader has denied the charges against him and claimed that they are fabricated and were obtained from a state witness under duress and pressure. The prosecution is now using secret evidence in Khader’s case. One of the reasons his trial has been postponed is to give time to the prosecution to issue a certificate from the Israeli Army classifying material related to the key witness and additional witnesses - including members of the Israeli General Security Services - as secret evidence that will not be presented to the Court in front of the accused and his defence team. The date of Khader’s trial has not yet been set.

During his detention, Hussam Khader has been subjected to inhumane treatment, including sleep deprivation and has been subjected to lengthy periods of interrogation. Khader was kept in solitary confinement for nearly a year, which ended only after he went on hunger strike in March 2004 to protest against his unsatisfactory detention conditions.

Khader was on hunger strike for the second time this year in August 2004 for 19 days, along with over 4,000 other Palestinian Political Prisoners, demanding that their rights under international law, and as prisoners of war, be respected, and for an end to torture and inhuman and illegal detention conditions. Khader, like all other prisoners from Nablus and other “security” prisoners, has been denied all family visits since his arrest.

The World Organisation Against Torture (OMCT) and the Inter-Parliamentary Union have expressed concern about the illegality of the legal process in Hussam Khader’s case and his conditions of detention, the interrogation methods used, inadequate access to his lawyers, and the fact that evidence is being withheld from him and his defence team. The IPU is an international organization of 130 national parliaments worldwide, including Israel's Knesset. In their latest resolution on Khader’s case in October 2004, the IPU called for Khader to be treated in accordance with the fair trial guarantees set out in the International Covenant on Civil and Political Rights.

Palestinian Prime Minister Qureia called on 20 November 2004, for the United States to pressurise Israel to release jailed Palestinian leaders Marwan Barghouti, Hussam Khader and other imprisoned Palestinian leaders. He said he would raise their cases with US Secretary of State, Colin Powell, during his visit this week.

Hussam Khader is the Chair of the Committee for the Defence of the Rights of Palestinian Refugees in Palestine. A refugee himself, he is a staunch advocate for a just solution to the issue of Palestinian refugees based on international law:

“The right of return is at the heart of the Palestinian issue … without granting the refugees that right there can be no enduring peace in the region … we can’t allow ethnic cleansing to triumph … the right of return is a matter of life or death for the refugees and the Palestinian national cause as a whole. The refugees’ cause is the Palestinian cause”.

Hussam Khader is also an advocate for reform, financial accountability, and respect for human rights. Interviewed in the New York Times in 2002, prior to his arrest, Khader said:

''I went to the Knesset, and they introduced me as a man of peace …I went to Neve Shalom and preached coexistence. I went to Cairo and preached normalization. But now I am just another number in the Israelis' computer. There is nothing in my file that says, “He was a peace partner”. Now I am another Palestinian face into which the soldiers can shine their flashlights.''

Khader is an independent member of the Palestinian Human Rights Monitoring Group’s Board of Trustees (PHRMG is a member of the OMCT network), Chair of the Palestinian Legislative Council’s Refugee Committee, and was Chairman in the Ministry of Youth and Sport.

Khader has spoken out against suicide bombings in Israel, and has constantly emphasized that the root cause of suicide bombings is the brutal, illegal military occupation that he devoted his life struggling and campaigning against. Prior to the first intifada in 1987, Khader had already been arrested 23 times by the Israeli occupation army. He was also detained for 1½ years, and was placed under house arrest for one year. In January 1988 he became the first intifada activist to be deported from Palestine, and he returned to Palestine after the Oslo Agreements in 1994. In exile, he became a member of the Palestinian National Council (PNC).  

PRESS RELEASE – Friday 17 September 2004

From the Popular Committee in Support of PLC member HUSSAM KHADER and Palestinian Political Prisoners

HUSSAM KHADER FACES LATEST ILLEGAL COURT HEARING

This Sunday - 19 September 2004 - the next Court Hearing for Hussam Khader will be held at Salem Military Court, one of Israel’s military courts, at 10am.

Hussam Khader, Palestinian Legislative Council (Parliament) member, was arrested by the Israeli army in March 2003 and has been detained since then.

During his detention, Hussam Khader has been subjected to inhumane treatment, including sleep deprivation and has been subjected to many lengthy periods of interrogation. Khader was kept in solitary confinement for nearly a year, which ended only after he went on hunger strike in March 2004 to protest against his unsatisfactory detention conditions.

Khader was on hunger strike for the second time this year in August 2004 for 19 days, along with over 4,000 other Palestinian Political Prisoners, demanding that their rights under international law, and as prisoners of war, be respected, and for an end to torture and inhuman and illegal detention conditions. Khader, like all other prisoners from Nablus and other ‘security’ prisoners, has been denied all family visits since his arrest.

The World Organisation Against Torture (OMCT) and the Inter-Parliamentary Union’s Committee on Human Rights of Parliamentarians have both expressed their concern about the illegality of the legal process in Hussam Khader’s case and his conditions of detention, the interrogation methods used, and inadequate access to his lawyers.

Khader has denied the charges against him and claimed that they were fabricated and obtained from a state witness under duress and pressure. As reported in Ha’aretz on 24 March 2004, Khader's lawyer, Riad Anis, says that all the charges against his client are based on the testimony of one single witness. This witness is also being tried and told the court that he had not had any access to a lawyer for more than six weeks during his own interrogation and that he has never met Khader.

Hussam Khader is also the Chair of the Committee for the Defence of the Rights of Palestinian Refugees in Palestine, and is a staunch advocate of reform and in the fight against corruption. Khader is also an independent member of the Palestinian Human Rights Monitoring Group’s Board of Trustees (PHRMG is a member of the OMCT network), Chair of the PLC Refugee Committee, and was Chairman in the Ministry of Youth and Sport.

The Popular Committee in Solidarity with Hussam Khader believes that his incarceration has been, for the most part, motivated by political objectives that aim to break Hussam’s will and undermine his determination to challenge Israel's occupation, his firm commitment to the right of return for Palestinian refugees, and his stand against corruption and the lack of financial accountability.

FOR FURTHER INFORMATION ON THE CAMPAIGN IN SUPPORT OF HUSSAM KHADER AND PALESTINIAN POLITICAL PRISONERS, see http://www.hussamkhader.org

Ghassan Khader, Telfax: +972 9 2338930, Mobile: +972 59 382930

info@hussamkhader.com

Clarifying Confusions Regarding the Prisoners Hunger Strike

 06 Sep 2004

A statement has been issued by the Committee that defends the rights of Palestinian political prisoners highlighted several fundamental issues that should be sufficient to clarify confusions found in relation to the ongoing hunger strike of the Palestinian prisoners in Israeli prisons. The Committee statement emphasized various themes; among them the followings are particularly important:

1.                    Prisoners’ hunger strike is a primarily political matter that expresses, among other things, the pain and suffering that political prisoners go through in Israeli jails. The prisoners are freedom fighters who are trying to secure Palestinians’ fundamental objectives

2.                    All procedures and processes concerning the starting and the conclusion of the hunger strike must be taken by the prisoners themselves and not by others who may be tempted to manipulate the process and make decisions that may contradict the prisoners’ wishes.

3.                    After the hunger strike was launched a few weeks ago, severe confusion and misconception have developed and they must be corrected. These confusions relate to the following issues:

a). The decision taken at the Asqalan prison on the 12^th day of the strike have caused a problem that weakened the unity and determination of the collectivity of the prison population to act in a unified fashion. Such decisions should have been taken after cooperation and consultations have been made with other prison populations.

b). Israel’s media war that was launched from the first day of the hunger strike, which aimed at misrepresenting the Palestinian cause in general and the cause of the prisoners in particular, has failed to achieve its objectives. Palestinians and their supporters have been aware of the occupation’s policies and as usual, they managed to maintain their struggle against all odds.

c). Those who led the prison strike and were removed into an isolated setting in another prison were involved in detailed and lengthy negotiations with the prison authorities. This fact has been denied by the Israeli authorities who wanted to portray the Palestinian prisoners as lacking the organization and the ability to pursue and achieve their intended goals.

d). Although a partial lifting of the strike has been adopted, the prisoners have made it clear that in case their demands have not been met, the strike will be revived and will continue until they prevail.

e). The committee that defends the rights of the Palestinian prisoners, notably in defense of PLC member Hussam Khader, calls upon the Palestinian people and peace loving people around the world to continue their pressure on the Israelis and maintain their backing for the Palestinian prisoners. The Committee also urges Palestinian officials not to speak and/or decide on behalf of the Palestinian prisoners. The Palestinian prisoners, along with their leaders, can make their own appropriate decisions and any interference may hinder their struggle to achieve their goals and improve their situation.

Respectfully,

The popular committee that supports and defends the rights of PLC member Hussam Khader and the rest of the Palestinian political prisoners

Mandela: Prisoners Adjourn Hunger Strike until Next Sunday

Press Statement 46
2 September 2004
For Immediate Release

In an interview with Mandela's lawyer Buthaina Duqmaq at Ha Darim Prison on 2 September 2004, inmates Houssam Khader and Samir Qanttar affirmed negotiations with the Israeli Prison Authority have actually begun
on day one of the hunger strike contrary to what Israeli media has been reporting. They asserted the popular and organized solidarity movement with the prisoners forced Israeli authorities into negotiations with the striking prisoners. Both inmates emphasized the prisoners' high spirits to challenge the status quo and their coalescence with the committee leading the strike coerced the Israeli side into marathon-like negotiations to lessen the negative impact of the strike on Israeli image. Khader and Qanttar affirmed the committee is made of the following prisoners:
Sheikh Mohammad Abu-Tair, Tawfic Abu-Na'im, Houssam Khader*, Samir Qanttar**, Walid Daqqa, Yahia Senoir, Hassan Maqadmah, Younis Ershaid, Rouhy Mushtaha, Wael Fannouna, Taher Zayyoud and Abdul-Khaleq Natsha.

On 21 August 2004, Israeli prison authorities placed Tawfic Abu-Na'im, Houssam Khader and Mohammad Abu-Tair in solitary confinement at Ovik Prison. Their cells lack the basic minimum standards for human life. Other members of the committee were placed in two poorly-ventilated rooms and shed heavy spotlights at
them.

Mr. Khader and Mr. Qanttar informed Ms. Duqmaq that Mr. Gibson, Head of General Security in the Israeli
Prison Authority, Mr. Itzaq Jabay, Director of Prison Intelligence and the Commander of the so-called
Southern Command –known as Nazim- and began negotiations with the prisoners' committee. No agreements were reached. The Israeli authorities transferred the leadership committee to Jalama Prison.

Director of the Israeli Prison Authority, deputy and wardens of Israeli prisons came to meet the leadership
committee at Jalama on 31 August 2004. The meeting lasted from 4:00 PM until 7:00 PM. An agreement was
reached whereby the Israeli side agreed to the prisoners' demands regarding improvement of humanitarian conditions. The Israelis promised to examine other demands which they consider of security
nature two weeks after the end of the hunger strike.

The Israeli Prison Authority agreed to transfer every committee member that was placed in solitary confinement back to the prison he was originally in to brief the prisoners of the outcome of negotiations. Accordingly, this part of the deal was executed on Wednesday 1 September 2004.

Following the transfer of inmates Khader and Qanttar to Ha Darim Prison, prisoners there decided to adjourn
their hunger strike until Sunday 5 September 2004 but will continue o take liquids only. This decision
applies to all Israeli prisons except Beer Shiva' as its representative Tawfic Abu-Na'im and the Beer
Shiva' administration had failed to agree on certain issues during their meeting at Jalama prison. The Ha
Darim administration allowed Mr. Qanttar to telephone Tawfic Abu-Na'im to discuss the disputed issues. No
agreement regarding adjournment of the strike at Beer Shiva' was reported.

Following is a letter from inmates at Ha Darim Prison to the Arab and Palestinian masses engaged in popular
and organized solidarity activities with the striking prisoners.

"The spirit of challenge and steadfastness which characterized our masses on the outside and the prisoners' movement on the inside had proved that the prisoners' will could overcome the policies of oppression and tormenting we had faced for years. We strongly declare that we did not stop our hunger strike but only adjourned it in order to start negotiations to improve the prison conditions and to ensure dignified living for our colleagues. We hope to reach a genuine understanding with the prison authority and close several files which if left open could trigger more strikes and could let an atmosphere of tension prevail".

U R G E N T     A C T I O N 

DEMAND AN END TO THE INTERROGATION OF PALESTINIAN PARLIAMENTARIAN HUSSAM KHADER’S INTERROGATION AFTER 16 DAYS OF HUNGER STRIKE

HUSSAM KHADER, PALESTINIAN LEGISLATIVE COUNCIL MEMBER, IS PUT UNDER INVESTIGATION AFTER 16 DAYS OF HUNGER STRIKE, AND TRANSFERRED TO THIRD PRISON SINCE THE STRIKE BEGAN.

HUSSAM IS STILL BEING HELD IN ISOLATION, AS ARE OTHER LEADERS, AND HIS LEGAL TEAM HAVE BEEN REFUSED ACCESS TO SEE HIM.

Hussam Khader, PLC member, who, along with over 4,000 other Palestinian political prisoners, has been on hunger strike for 16 days now, was moved on Monday 30 August to Al-Jalameh Prison, and put under investigation. Hussam was arrested – his 24^th time in an Israeli jail - in March 2003 by the Israeli army and was interrogated for 90 days during which, like thousands of other Palestinian prisoners, he was tortured and suffered inhuman and degrading treatment (according to human rights groups, Israel has systematically tortured or ill-treated approximately 80% of all Palestinian detainees). His next court hearing was recently postponed for the 8^th time until 19 September 2004.

Khader’s lawyer, Riad Al-Anis, tried to visit Hussam Khader today – Tuesday 31 August – but was refused access to see his Hussam. The day before, Buthaina Duqmaq from the Mandela Institute for Human Rights, also tried to visit Hussam Khader and other prisoners held in solitary confinement in Ovik Prison, but was also refused access to see the striking prisoners (see http://www.mandela-palestine.org/en_strike2004/daily.htm)

Khader’s lawyer, Riad Al-Annis, will try to visit Hussam Khader again tomorrow – Wednesday 1 August.

Like thousands of other Palestinian political prisoners, Hussam has not had regular access to his lawyer since his arrest, nor to any family visits (prisoners from Nablus have been denied all family visits since the beginning of the second intifada in September 2000). His three young children have not been able to visit or speak to their father for nearly 18 months, and have only seen him across the military court room, unable to speak to him, on 3 occasions at court hearings. The family has had one letter from Hussam that arrived after 3 months.

This is Hussam’s second hunger strike this year; in March 2004, he was on hunger strike for 9 days to protest at being held in solitary confinement for over 1 year. He ended this hunger strike on 25 March when he was moved to share a cell with another prisoner. 

The Popular Committee in Solidarity with Hussam Khader believe that his imprisonment has been, for the most part, motivated by political objectives that aim to breaking Hussam Khader's will and his determination to challenge Israel's occupation, and his firm commitment to the right of return for Palestinian refugees, and speaking out against corruption and a lack of financial accountability.

PLEASE SEND AN URGENT E-MAIL OR FAXES TO THE INTERNATIONAL RED CROSS AND YOUR GOVERNMENT TO DEMAND AN IMMEDIATE END TO THE INHMANE INTERROGATION THAT HUSSAM KHADER IS BEING SUBJECTED TO AND FOR HIM TO BE ALLOWED IMMEDIATE ACCESS TO HIS LAWYERS AND TO MEDICAL TREATMENT.

TALKING POINTS:

-         Demand an immediate end to the interrogation which Hussam Khader is being subjected to

-         Demand that Hussam Khader and all prisoners be allowed regular access to their lawyers, as guaranteed under international law

-         Demand immediate access to proper medical treatment and medical checks for all prisoners on hunger strike so that their health and well-being can be independently assessed during their time on hunger strike.

-         Demand that Israel ends all practice of torture and other cruel, inhuman and degrading treatment to which Palestinian prisoners are regularly subjected

-         Request your government exert severe pressure on the state of Israel, its political, judicial and military authorities to apply the rules of the Fourth Geneva Convention as well as other internationally recognized instruments guaranteeing political prisoners’ basic standards of treatment.

CONTACTS:

ICRC Delegation
Tel.: (++972) 35 24 52 86
Fax: (++972) 35 27 03 70
E-Mail: tel_aviv.tel@icrc.org
Head of deleg.: Mr Bellon François
Media contact person: Mr Masad Uriel

Jerusalem
Tel.: (++972 2) 582 88 45 / 582 84 41; Fax: (++972 2) 581 13 75
E-Mail: jerusalem.jer@icrc.org
Head of mission: Mr Cavoli Daniel

Mandela Institute for Human Rights in Palestine
22 August 2004
For Immediate Release
Reliable sources close to the Mandela Institute for Human Rights affirmed the administration at Ha Darim  Prison transferred Samir Qanttar, Dean of Lebaneseprisoners, and Hussam Khader, a member of the Palestinian Legislative Council,to the Ovik isolation section. The move is a part of systemic efforts by the Israeli Prison Authority to break the hunger strike.

Similarly, such moves are intended to affect a feeling of instability around the prisoner and to break the connection between the prisoner and his/her lawyer.

Israeli prison authorities have moved the same inmate 2-3 times per day within the same prison.

Furthermore, the administration at Nafha Prison transferred the prisoners' representative Tawfic Abu-Na'im into isolation at Eischel Section of Beer Shiva'Prison.

Early this morning, the Mandela Institute sent a letter to the Ovik administration  requesting permission for its lawyers to meet Mr. Qanttar and Mr. Khader. Prison officials informed the institute later in the afternoon the request was denied without divulging the reasons.

PRESS RELEASE – 15 August 2004

PALESTINIAN POLITICAL PRISONERS

BEGIN HUNGER STRIKE

Thousands of Palestinian prisoners held in Israel jails will stage an indefinite hunger str