Ref: 72/3003

In the implementation of an
Israeli military order issued on 10 April 2003, Israeli occupying forces
transferred Mahmoud Suleiman Sa’id al-Sa’di al-Saffouri, 31, from his home in
Jenin to the Gaza Strip on Sunday morning, 18 May
2003. According to the military order, al-Sa’di will spend two years in Gaza. 

Al-Saffouri was arrested on
19 June 2002, when Israeli occupying forces waged a campaign of arrest in Jenin
refugee camp.  In his affidavit to PCHR,
al-Saffouri stated that he had been detained by Israeli occupying forces in
Salem detention center in Jenin for two days and was then transferred to ‘Ofar
detention center.  Twelve days later, he
was moved to a prison in the Negev Desert, where he was placed under a 6-month
administrative detention, which was subsequently renewed for another 6 month
period. Al-Saffouri was then transferred back to ‘Ofar detention center pending
his transfer to the Gaza Strip. 
According to information available to PCHR, al-Saffouri was neither
interrogated nor charged by Israeli occupying forces during his detention, and
he was denied family visitation rights.

Al-Saffouri is the brother
of Haj ‘Ali al-Saffouri, who has been in incommunicado detention in Beer Saba
prison since 18 April 2002.  He is
accused of being a prominent leader of al-Quds Brigade, the military wing of
Islamic Jihad. 

This is not the first time
forcible transfer has been used by Israeli occupying forces as a means of
collective punishment. Palestinian political activists have been deported since
Israel first occupied the Palestinian Territories and
the measure
has been used frequently during al-Aqsa Intifada. On 10 May 2002, Israeli
occupying forces deported 13 Palestinians to Europe and 26 others to the Gaza
Strip after a 36-day siege on the Church of the Nativity in Bethlehem.  In late August 2002, Israeli forces deported
Adib Thawabta from Beit Fajjar village near Hebron to the Gaza Strip and on 5
September 2002, Israeli forces expelled Kifah and Intissar ‘Ajouri from ‘Askar
refugee camp in Nablus to the Gaza Strip. However, when the ‘Ajouri ruling was
enforced, the Israeli High Court suggested that the decision to expel the
‘Ajouri’s may be the last such approval granted by the court.

PCHR is deeply concerned
about the expulsion of al-Saffouri from his home in Jenin to the Gaza Strip.  The decision to expel al-Saffouri violates
international humanitarian law, particularly the Fourth Geneva Convention of
1949; article 33 provides that “No protected person may be punished for an
offence he or she has not personally committed;” article 49 prohibits
“individual or mass forcible transfers;” and article 147 considers
“unlawful deportation or transfer or unlawful confinement of a protected
person” as a grave breach. 

PCHR strongly condemns
al-Saffouri’s expulsion and reiterates that Israeli occupying forces are using
deportation as a means of collective punishment against Palestinian civilians,
through expelling relatives of Palestinians who allegedly planned or carried
out attacks against Israeli targets. 

PCHR believes that the decision
to expel al-Saffouri reflects Israel’s disregard for the rights of Palestinian
civilians, which necessitates immediate international intervention to stop
violations of human rights and compel Israel to abolish the policies of
collective punishment adopted by Israeli occupying forces against families and
relatives of Palestinian political activists and those who planned or carried
out attacks against Israeli targets.