Israeli authorities use unnecessary force to quash
protest of detained asylum seekers
· Around
1000 asylum seekers left Holot detention center in the Negev and
marched to the Egyptian border, protesting their indefinite detention.
· Israeli authorities used unnecessary force during violent arrests of protestors camped by the Egyptian border.
· 756
of the protestors are currently imprisoned in Saharonim prison, some
still without a hearing after nine days in unlawful detention. Those
injured complain of inadequate medical treatment.
What you can do to help?
In
your contacts with the Israeli authorities, we encourage you to ask for
independent, full and transparent investigation into the arrests and
ensure that those found to have used unnecessary force against the
protestors are brought to justice. Please urge the authorities to ensure
that protestors have access to a fair and transparent judicial process
and that those who were injured have access to adequate medical
treatment. Finally, urge the Israeli government to cancel Amendment 4 of
the Anti-infiltration Law, which allows for indefinite detention of
asylum seekers in contradiction with Israel's international obligations.
The
Israeli Prime Minister's Office is heavily involved in setting Israeli
policies regarding refugees and asylum seekers. You may also wish to
discuss this issue with your relevant contacts at the Ministries of
Justice, Interior, Foreign Affairs, and Internal Security.
***
On
Friday 27 June 2014, about 1,000 asylum seekers left Holot detention
center and began marching towards the Israeli-Egyptian border. Many of
them were carrying luggage and money. They were quickly stopped by IDF
forces and subsequently camped a few hundred meters back at 'Nitzana
Forest'.
Under Amendment 4 of the Anti-Infiltration Law, asylum seekers are detained indefinitely in Holot. Their
only way out of detention is to agree to be "voluntarily" repatriated
to Sudan or Eritrea, or to a third country such as Uganda or Rwanda. Such de facto deportations are in violation of the principle of non-refoulement and are unlawful with regard to international standards, whether or not they are conducted under bilateral transfer agreements.
One of the asylum seekers on the march told an Amnesty International Israel (AII) observant: "We
have been in Israel for 6 years and asked for asylum. No one has
examined our claims. People have now been in Holot for 6 or 7 months.
Conditions there are very bad. A lot of people suffer from depression
and are unable to cope. We know that the Israeli government calls it an
open facility. But it is a prison. We cannot take it any longer."
On
Sunday, 29 June 2014, around 18:00, hundreds of security forces,
including Israeli Border Police and other police forces, accompanied by
immigration authorities, arrived at the scene and surrounded the
protestors. Some police were on horseback and forces were equipped with a
water cannon. Yossi Edelstein, Director of the Population
Administration's Foreign Workers' Enforcement Unit (part of the Ministry
of Interior), was present. The police officer in charge publicly
announced to the protestors that if they were to willingly evacuate the
premises, no violence would be used against them.
At
19:15, security forces began the evacuation. An AII observer reported
that evacuating forces dragged protestors on the ground, and used
unnecessary force against at least half of them, including punches and
kicks to various parts of the body.
One of the asylum seekers later told Hotline for Refugees and Migrants (HRM) from Saharonim prison: "When
we were in Nitzana, […] we agreed that regardless of what the police do
to us, we would not be violent. When the police came to take me […] I
only said "we are not going from here". Maybe because I am big and tall,
a few policemen or [Immigration] inspectors attacked me […] four
Ethiopian policemen [of Ethiopian descent] hit me and three others who
were not Ethiopian […] they threw me on the ground and pushed my head to
the ground with their legs. One of the Ethiopian policemen called me
wäsha, which means dog in Amharic. I now suffer from severe pain to the
neck, both sides [of the body] and my arm. I want to see a doctor and
receive pain killers."
Please see attached file for more testimonies.
According
to information gathered by Physicians for Human Rights-Israel (PHR), a
total of eight asylum seekers required medical treatment during and
following the arrests. Three were subsequently transferred to Soroka
Hospital in B'eer Sheva: one with an injured knee, one with
diabetes-related symptoms and a third person suffering from breathing
difficulties. Of the five others (two who fainted, one with a broken
finger, and two with pain in the stomach), three were transferred to
Holot and two to Saharonim.
A
total of 756 protestors were taken to the Saharonim. HRM has been in
regular contact with many of the detainees. Under Amendment 4 of the
Anti-Infiltration Law, detainees should undergo a hearing in Holot prior
to their imprisonment in Saharonim. However, protestors were taken
directly to Saharonim and some of them are still waiting for their
hearing, nine days after the arrests. . Those who have undergone a
hearing received a three-month sentence, with some sentenced to six
months in prison.
This
is not the first time that the Israeli authorities use unnecessary
force against protesting asylum seekers. On 17 December 2013, the
Israeli authorities violently arrested around 200 asylum seekers who
marched to Jerusalem shortly after the introduction of the current
legislation. Two days later, 75 asylum seekers who left Holot were
violently stopped by Immigration authorities
Relevant International standards
According
to the UN Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, officials must apply non-violent means before
resorting to the use of force which should be used only when non-violent means have proven to be, or are likely not to be, effective.[1] If the use of force is unavoidable, they must always exercise restraint in its use.[2] The use of any force by law enforcement should be strictly limited to those situations where it is absolutely necessary and strictly proportional to the legitimate aim pursued and to minimize damage and injury.
Israel
has ratified the 1951 UN Refugee Convention and its 1967 Optional
Protocol as well as the International Covenant on Civil and Political
Rights. Under these and additional international obligations, Israel is
required to individually assess claims for international protection in a
fair and transparent manner and provide asylum for those deserving of
such status. Detention should only be used as a last resort; all
individuals detained must undergo an individualized assessment
justifying their detention and adhering to standards of necessity and
proportionality.
Footage from the arrests:
[1] UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990, UN Doc. A/CONF.144/28/Rev.1 at 112 (1990), General Provision 4.
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