Pamphlet for Demonstrators – Print

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    Rightsof

    Demonstra

    tors

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    Introduction

    Demonstrations enable citizens to voice their

    opinions and to inuence society. In the Occupiederritories, where Palestinian residents haveno access to the corridors o political power inthe State o Israel (the occupying power), theright to demonstrate is all the more important.

    Demonstrations are a primary means orPalestinian residents to voice their opinions and toprotest against the violation o their rights.According to international human rights law, it is theobligation o the occupying power to allow residents oan occupied territory to demonstrate. Tis is especiallypertinent in the Occupied erritories, where theoccupation has continued or over ourdecades. Despite this, in practice, all rallies anddemonstrations in the territories are deemed asillegal assemblies, and most o them are dispersedby the military and the police.

    Te purpose o this pamphlet is to clariy the rightso demonstrators in the Occupied erritories in2

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    the current legal situation, and to provide possible

    avenues o response when these rights are violated.

    It should be noted that the position o theAssociation or Civil Rights in Israel (ACRI) isthat the authorities are not currently keeping to

    their legal obligations. Te sweeping ban on theorganization o demonstrations, the unreasonablerestrictions placed upon them, and the orceddispersal o quiet and peaceul demonstrations which are all practiced in the West Bank representa serious and severe inringement on the right todemonstrate and on reedom o speech, as well as aclear violation o the rules o international law thatare incumbent on the occupying power. Tereore,the rules detailed below do not represent what oughtto be the appropriate legal status in our opinion.

    Nevertheless, we present this list in the hope thatknowledge o the rules guiding Israels security

    orces will help demonstrators in the territories tostand up or their rights.3

    CoverPhotography:Kere

    nManor,Activestills

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    Demonstrations in the OccupiedTerritories The Legal Basis

    Demonstrations in the territories are regulatedunder martial law, in the Order RegardingProhibition o Incitement and Hostile PropagandaActions (Order 101).Te denition o an assembly or march according

    to Order 101: en or more persons, who havegathered in a place in which a speech is being madeon a political subject, or a speech which may beconstrued as political, or to discuss such a subject.

    According to the order, any such assemblyrequires a permit.

    Te result o this order is that, by and large, ralliesand demonstration in the territories are dened asillegal assemblies. In practice, most o them aredispersed by the Israeli military and police.

    Dispersal of a Demonstrationby Security Forces When and UnderWhat Conditions?

    Security orces do not have the authority tobreak up a legal demonstration or to arrest its4

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    participants. Te problem, as stated above, is thatalmost all the demonstrations in the territories aredened as illegal.

    I an order to break up a demonstration is given,security orces may act to disperse the demonstratorsby orce only aer they asked the demonstrators todisperse, waited a reasonable amount o time, andthe demonstrators did not oblige.

    Security orces working to maintain publicorder at a demonstration are supposed to wearidentication tags, and i the protesters believethat their behavior was illegal, they are allowedto write down their details and to le a complaintagainst them (see pages 22-23 regarding relevantbodies or ling such complaints).

    Crowd-Control Measures What Is

    Permitted, What Is Prohibited?Te Rule: Even when security orces are

    authorized to orcibly disperse a demonstration,their power is limited to the minimal use o orce

    necessary to accomplish this mission. Live Fire: It is prohibited or security orces5

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    to use live ammunition in the dispersal o ademonstration. Exceptions:1. Lie threatening circumstances Only when

    there is an immediate threat to lie, and when thereis no other means or dealing with this threat,security orces are allowed to shoot with the intentto injure, and only at the attacker.

    2. Warning shots in the air are allowed only aerlesser measures, such as water cannons, tear gas,and stun grenades, have not succeeded in breakingup the demonstration.

    3. In the process o apprehending a suspect,

    security orces may re at the legs o a personsuspected o committing a dangerous crime onlyas a last resort, aer a verbal warning has beenissued and warning shots were red in the air, andonly when this poses no threat o injury to others

    in the vicinity. (Tis is a general instruction and notlimited to the arrest o suspects at a demonstration).

    0.22 Caliber (utu) Bullets Tese bulletsare similar in size to live ammunition but are lesspowerul. As a rule, security orces are prohibitedrom using such ammunition in the dispersal o

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    demonstrations. Te rules or using such bulletsare strict and run parallel to the rules regardingopening re with live ammunition. Firing

    bullets o this or o a similar type is not denedby the Israeli military as a means or dispersingdemonstrations or restoring public order. Rubber-Coated Bullets May be used i and

    only i lesser measures (water cannons, tear gas,

    stun grenades, warning shots in the air) have notsucceeded in breaking up the demonstration. Teminimal range at which it is permitted, accordingto the orders, to re these bullets is 40 meters(approximately 131 eet); it is prohibited to aim atthe upper part o the body; ring such bullets atchildren is prohibited.

    ear Gas It is forbidden to shoot tear gascanisters directly at the bodies o demonstrators.I protesters believe that any security personnelhave used excessive orce and violence indispersing a demonstration, they may le acomplaint against them (see pages 22-23 the listo relevant bodies or ling a complaint).

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    Is Photography Permitted?

    Everyone has the right to reedom o inormation,

    which includes the right to photograph, lm, anddocument incidents, and to gather inormation.

    According to military guidelines in the territories,photography and videotaping carried out byprotesters during a demonstration or in the case o

    clashes between security orces and protesters, islegal, and does not in itsel endanger the publicorder.

    Restrictions on said activity are only permittedwhen photography might interere with securityactions or be used to collect classied intelligenceinormation.In most cases, the request o police or soldiers

    to stop lming is given without cause orauthority, and justies the ling o a complaint(see pages 22-23).

    I a soldier or a police ocer assaults aphotographer, damages his/her equipment,conscates said equipment, or deletes photos,

    a complaint can be lodged against the ofender(see pages 22-23).8

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    Closed Military Zone Order Who IsAuthorized to Declare It and Under

    What Conditions?

    Only the Commander o the IDFs CentralCommand, a division commander or his deputy,a brigade commander, or the Commander o theJerusalem Area Border Police are authorized to

    order the closure o an area, and such a declarationcan be made only when a security need or theneed to maintain public order necessitates theclosing o the area.

    Te declaration o a closed military zone canonly be made through a written and signedorder. Attached to the order, there must be a clearreerence map, which delineates the boundaries othe closed area.It is important to veriy that the order is still

    valid and applies to the area where you are located,and that it includes the ollowing components:the exact area to which the order applies (includinga text description), date o expiration (the order

    must be limited to the shortest period necessaryto accomplish its objective), to whom the order9

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    applies, and the date o the signing o the order. A soldier producing an order o a closed

    military zone must identiy himsel/hersel. I

    the soldier does not do so, you have the right to askhim/her to do so.

    It is desirable to keep complete documentationo the order (photograph, copying its details, whois the signatory).

    Enforcement of the Order:A soldier or policeman has the authority to evict

    violators o a closed military zone order rom theclosed area.

    A person located in a closed military zone maynot be detained or arrested, unless they have beengiven prior warning and have not vacated thedeclared area within a reasonable period o time.

    Important: Te order does not apply to residentsof the area declared to be a closed military zone.

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    Detainment or Arrest ofDemonstratorsWhat Is Detainment and When Is ItPossible to Detain Someone?

    Detainment is a means o restricting a personsreedom o movement or a short period o time.

    A soldier or a police ocer is authorized to

    detain a person in several cases:1. When there is a suspicion that the person hascommitted a crime or is about to commit a crimethat could endanger the saety or security o aperson or a public;

    2. When the person was a witness to a crime, orthe purpose o providing inormation about thecommitting o that crime, or or determining thatpersons identity and address;3. For the purpose o conducting a search or ordemanding that a person produce identiyingdocuments.

    A soldier or police ocer detaining a personmust identiy themselves to the detainee, inormthe person that they are being detained, and makeit clear to the person why s/he is being detained.

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    How Long Can You Be Detained?

    A person may only be detained or the shortest

    time required to achieve the objective o thedetainment.In any case, it is prohibited to detain a person or

    more than 3 hours. Te exception: An ocer with atleast the rank o Lieutenant Colonel or an authorized

    police ocer may extend the remand by 3 additionalhours, with the reasons recorded in writing.

    Important Information: In general, detainment is carried out in theplace where the detainee is. Te exception: When12

    It is prohibited to detain a person for thepurpose of deterrence, intimidation, or

    punishment! Detainment may only be usedin one of the aforementioned cases.

    Always ask the soldier: Why are you detainingme? You have the right to know why you are

    being detained. You also have the right to know

    who is detaining you.

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    the suspect or witness is to be brought beore aninvestigative authority.

    It is the obligation o the soldier or police ocer

    to make sure that the detainment is carried out ina place with reasonable waiting conditions, and toprovide the detainee with ood and water i necessary.

    During detainment, it is prohibited to handcufthe detainee or to cover their eyes.

    When detainment lasts more than 3 hours, orwhen the detainee is brought beore an investigator,it is the obligation o the detaining soldier or policeocer to ll out a detainment report.

    When Can a Demonstrator BeArrested?

    Arrest is an exceptional measure, and its use as ameans o punishment is prohibited.

    According to the Order Concerning SecurityProvisions, all soldiers and police ocers areauthorized to arrest a person who has violatedor is about to violate any o the provisions o theorder, such as throwing stones, attacking a securityocer, interering with military activity, and so on.

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    What are the Rights of an Arrestee?

    An arresting soldier or police oicer mustidentiy themselves and inorm the arrestee o thereason or their arrest.I the reason or the arrest was not communicated,it is the arrestees right to ask i s/he is indeed underarrest, and what is the reason or the arrest.

    An arrested person should be transerred as soonas possible to a police station or place o detention.

    I the arrestee requires medical attention, it is theobligation o the soldier or police ocer to makesure that the arrestee receives medical treatment

    without delay.

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    The arrestee has the right that a noticationbe given, without delay, to a person close to

    him and to a lawyer about the arrest and

    where s/he is being held.

    There are exceptional cases wherenotication of the arrest can be delayed, butin general these exceptions do not seem to

    apply to people arrested at a demonstration.

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    Other than under exceptional circumstances, anarrestee should be allowed to meet with a lawyerwithout delay. Tis meeting should be held in

    privacy and under conditions that ensure thecondentiality o the conversation.

    How Long is the Initial Arrest Period?

    A police ocer is authorized to issue an arrestorder or a period not exceeding 8 days rom thetime o arrest.

    I an arrest order is not issued within 96 hourso the time o arrest, the arrestee must be released.

    Te arrestee must be brought beore a judge at theearliest possible time, and in any case no morethan 8 days rom the time o arrest.

    Extending Arrest Beyond the Initial8 Days

    Extension o arrest can only be ordered by a judge,who may extend the arrest or up to 30 days at a time,or a total period that may not exceed 90 days at a time. Extending the arrest beyond the 90-day limit

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    can only be ordered by a judge o the MilitaryAppeals Court. Tis extension may not exceed a(cumulative) period o an additional 3 months.

    Te decision o the Military Court regardingthe arrest may be appealed to the MilitaryAppeals Court.

    Presence at Arrest Hearings Any arrest hearings must take place in thepresence o the arrestee, except in cases where s/he has asked not to attend the hearing or when his/her health does not enable it. I the arrestee cannot

    appear because o health issues, the hearing musttake place in the presence o the arrestees lawyer. It is the right of the arrestee to have a

    representing lawyer present at all hearings. I thelawyer is not present at a hearing, the court may

    extend the arrest or mandatory short periods,until the lawyer can appear in court.

    Conditional or Unconditional Release

    A police ocer or a military judges is authorizedto order the release o an arrestee, either with16

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    conditions or unconditionally.At any stage aer the time o arrest, the arrestee

    or his/her lawyer can submit a request to the

    Military Court or immediate release.Stay o execution o release order: I a judge

    ordered the release o the arrestee, a prosecutorcan request a stay o execution o the releaseorder or up to 72 hours, with the announcement

    o intention to appeal the release order, or ointention to consider issuing an administrativedetention order against the arrestee. A stay oexecution o release will be granted only i a judgeis convinced that the circumstances o the casejustiy the arrestees continued incarceration. One o the conditions o release may be theposting o guarantees. Tese may include bail,bond, or a money deposit by the arrestee or by aguarantor.Additional conditions o the release may include:

    requiring the released person to appear beore thecourt or a police investigator any time s/he is askedto do so; the temporary deposit o their passport;

    delays in leaving the area; restraining orders onwhere they may go; etc.17

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    Important: You should consult with an attorneybeore signing the release conditions to ensurethat they are reasonable.

    It is important not to sign onto unreasonableconditions, such as a general restraining order onparticipation on demonstrations, or a sweepingprohibition on participating in demonstrationsor a specied period. Note: You can request a

    change in the release conditions at the stage beoresigning them.In case o unreasonable release conditions it is

    possible to appeal these conditions in military court.Te appeal must be led within 7 days aer release.

    Violation o release conditions (or suspicion otheir violation) are grounds or a soldier or policeocer to arrest the released person.

    Bail and any other release conditions will becanceled i an indictment is not led within two yearso the day that the release conditions were signed (ithey are not canceled sooner.) Exception: When bailand other release conditions have been extended oran additional 3 months by a military court.

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    The Investigation - Useful Information

    At the start o an investigation, the investigating

    ocer is obligated to inorm the detainee o thecharges leveled against them, their right to remainsilent during the investigation, and their right toconsult with an attorney.I the suspect has an alibi (e.g. they were not present

    at the scene o the alleged crime), it should stated atthe earliest opportunity during the investigation.

    A detainee has the right to be questioned in theirnative language or another language which theyunderstand.

    At the end o the investigation, the suspect shouldread the investigation transcript written down bythe investigating ocer. Te transcript must beprepared in the language in which the investigationwas conducted, although in reality this does not

    always happen. I the transcript is written inlanguage the detainee does not understand, theymay reuse to sign it and note down that this isbecause they do not understand the transcript.In investigations held at unusual hours o the day,

    or that last or an unusually long period o time,

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    the detainee is entitled to request a rest break.I any orce is used against the detainee during

    the investigation, or i threats are made, or other

    exceptional circumstances exist it is important tonote this and to request that it will be included inthe investigation transcript.

    Investigating a Minor -Additional Rights

    According to military law applicable toPalestinians in the Occupied erritories, a minoris anyone under the age o 16 years (and not under

    18, the customary determining age or a minor).Investigation o a minor must be completed by

    an ofcer specially trained in the investigationo minors.

    Despite the silence o the military legislation on

    this issue, ACRIs position is that in investigationso minors, the investigating authorities must: allowthe presence o a parent or another relative duringthe investigation; not hold investigations duringthe night; document the investigation in ull in a

    video or audio recording.

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    Resources:Human rights groupsGeneral consultation and assistance in ling complaints

    Organization el. Fax

    ACRI 02-6521218, 054-5697654 02-6521219

    Bselem 02-6735599, 050-6909224 02-6749111

    Assistance in locating arrestees

    el.

    Center or Te Deenseo Individuals

    Emergency number: 02-6283555

    Police

    Obtaining details on detainees, arrestees and those underinvestigation (via an attorney). Filing complaints against civilians

    el. Fax

    Hebron Region(Bethlehem and south)

    02-996944402-9963894

    02-996460502-9964413

    Samaria-Ariel Region 03-906544403-9065410

    03-906545403-9065436

    Binyamin Region 02-9706400 02-9706440

    Maale Adumim Station 02-535844402-5358409

    02-5358440

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    Civil AdministrationInquiries about closed military zones orders, reusal o a soldieror police ocer to identiy themselves

    el. Fax Civil Administration Hotline 02-9977733

    02-9977708102-9977395

    02-9977337

    Military Police Investigation Unit (MPIU)

    Complaints regarding use o excessive orce by soldiersel. Fax

    Sharon-Samaria Branch(northern West Bank)

    09-8972751 09-8972706

    Jerusalem Branch (Jerusalemand Jordan Valley)

    02-5842603 02-5842475

    Beer Sheva Branch (SouthernWest Bank)

    08-6298161 08-6298352

    Department for the Investigation of PoliceOfcers (under Ministry of Justice)Complaints regarding use o excessive orce by police or

    border police ocersel.

    Department or theInvestigation o PoliceOfcers (HQ)

    02-541245802-6467794

    8 Hartom St.Har Hotzvim,Jerusalem

    Jerusalem Branch 02-5412445

    el Aviv Branch 03-6899851

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