PRESS RELEASE
TORTURE VICTIM SEEKS PROSECUTION OF
FORMER HEAD OF ISRAELI GENERAL SECURITY SERVICES
Amsterdam, 6 October 2008
Court Order sought for investigation
of
torture by Ami Ayalon
The Dutch prosecution authorities failed
to arrest Ami Ayalon, currently Minister without Portfolio in the
Israeli Government, while he was visiting the Netherlands from 16 to 20
May 2008. An application for his arrest was submitted to the Dutch
authorities by Khalid AIShami, who alleged that he was a victim of
torture in 1999/2000, when Ami Ayalon was the Director of Shin Bet (the
Israeli General Security Services - GSS), which investigates individuals
suspected of committing crimes against Israel's security. Ami Ayalon was
the director of the GSS from 18 February 1996 to 14 May 2000.
Mr AI-Shami's evidence file was
collected by his lawyers in Gaza City, the Palestinian Centre for Human
Rights (PCHR) and he only sought justice abroad after the Israeli
authorities failed to act on his allegations, in part because torture is
routinely sanctioned in Israel.
The Dutch authorities failed to arrest
Mr Ayalon, even though there was a prima facie case and they
concluded he was not immune from prosecution - that failure will now be
the subject of a legal challenge in the Court of Appeal in The Hague,
and an Order will be sought requiring a criminal investigation supported
by an extradition request or an international arrest warrant.
Background
On 31 December 1999, Mr AI Shami was
arrested by Israeli soldiers and taken to Ashkelon prison, where he was
interrogated for 20 days, in sessions ranging between 20 to 40 hours,
with an interval of 2 to 3 hours in the seclusion of a 2 x 2 m. cell. In
addition, he alleges that he was subjected to low temperatures,
stretching and being bound to a small chair by his hands and feet for
long periods. After 20 days he was brought before a military court,
without legal representation, where his arrest was extended by thirty
more days. He spent a week in solitary confinement and alleges further
ill-treatment, this time at the hand of collaborators, who forced him to
make a written confession. Mr AI-Shami has been left permanently
seriously injured by this alleged torture.
In May 2008, Mr AI-Shami instructed
Prof. Dr. Liesbeth Zegveld of Dutch law firm Bohler Franken Koppe
Wijngaarden (BFKW) to submit a complaint to the prosecutors' office on
his behalf asking for Mr Ayalon to be arrested and prosecuted in the
Netherlands.
Mr AI-Shami's complaint to the Dutch
prosecution authorities comes after years of failed efforts to pursue
the suspect through the Israeli judicial system on behalf of the
victims. PCHR has built files of evidence with Hickman
&
Rose solicitors (London, UK), including
that of Mr AI-Shami, to bring war crimes suspects to justice outside
Israel in accordance with the legal principle of universal jurisdiction.
On 16 May 2008, law firm BFKW filed a
torture complaint with the Dutch Prosecution authorities on behalf of Mr
AI Shami. Under Article 6 and Article 7 of the United Nations Convention
Against Torture (UNCAT) any State Party in whose territory a person
alleged to have committed torture is present should arrest the suspect
and prosecute him or her (or extradite the suspect for trial elsewhere).
Mr Ayalon's visit to the Netherlands
provided an exceptional opportunity and engaged a duty to arrest him and
establish jurisdiction. The initial torture complaint included a request
for urgency, since Mr Ayalon was thought to be due to leave the
Netherlands on 20 May 2008. The failure of the Public Prosecutor to
initiate an investigation occurred because of a delayed decision by the
College of Procurators-General ('the College') that Ami Ayalon lacked
immunity. Accordingly, Mr Ayalon could indeed be prosecuted in the
Netherlands, but by the time the decision of the College was made, on 21
May 2008, he had just left Dutch territory.
The application
to
the Court
of
Appeal
Mr AI-Shami has today, 6 October 2008,
applied to the Court of Appeal in The Hague for an Order requiring the
Prosecutor to start a criminal investigation into Mr Ayalon and to issue
an extradition order or an international arrest warrant to secure his
presence in the Netherlands during any trial. Alternatively, Mr AI-Shami
at least seeks an Order for an 'anticipatory investigation', so that a
criminal investigation file is opened.
FOR FURTHER INFORMATION PLEASE
CONTACT:
In the Netherlands:
Mr AI-Shami's lawyer: Prof. Dr. Liesbeth
Zegveld, Bohler Franken Koppe Wijngaarden (BFKW), Attorneys. Add ress:
Keizersg racht 560- 562, Amsterda m 1017 EM.
Tel.: +31 20 - 3446200; Fax: +3120 -
3446201; E-mail:
Info@bfkw.nl
In Gaza:
Raji Sourani, Lawyer and Director of
the Palestinian Centre for Human Rights
Phone: 00 972 (0)599608811 or 00 972 (0) 82824776
E-mail:
pchr@pchrgaza.org Website:
http://www.pchrgaza.org
PCHR is an independent human rights
organisation working on human rights violations perpetrated by both the
Israeli Occupation Forces (lOF) and the Palestinian National Authority
In the UK:
Daniel Machover, Partner, phone:
0044 (0)7773 341096 OR
Kate Maynard, solicitor, phone:
0044 (0)7899 982977
Hickman & Rose solicitors Website:
http://www.hickmanandrose.co.uk
