<html>
<body>
<font size=3><b>Dutch authorities let Israel get away with torture <br>
</b>Arjan El Fassed, <i>The Electronic Intifada,</i> 17 October 2008
<br><br>
<a href="http://electronicintifada.net/v2/article9897.shtml" eudora="autourl">
http://electronicintifada.net/v2/article9897.shtml<br><br>
</a>Last May, although he was visiting the Netherlands, Dutch police
failed to arrest Ami Ayalon, an Israeli government minister. An
application for Ayalon's arrest had been submitted to Dutch authorities
by Khalid al-Shami, a Palestinian man who alleged he was
<a href="http://electronicintifada.net/v2/article9881.shtml">tortured by
Israel's Shin Bet secret service when Ayalon ran it</a>. It was a narrow
escape; but credible reports indicate that Dutch authorities actively
colluded with Israel to frustrate the course of justice.<br><br>
Al-Shami had tried fruitlessly for years to get Israel to investigate his
claim that after he was arrested by soldiers on 31 December 1999 he was
subjected to weeks of often round-the-clock interrogation and
mistreatment amounting to torture at Israel's Ashkelon prison. Al-Shami
alleged that he was subjected to extreme cold, stretching, sleep
deprivation and being bound to a painfully small chair by his hands and
feet for long periods. He was denied legal representation for the first
twenty days, before the Israeli military court extended his detention for
an additional month.<br><br>
A month before Ayalon's four-day visit to the Netherlands, European Union
governments had adopted updated Guidelines on Torture and Other Cruel,
Inhuman and Degrading Treatment. These called on all countries to ensure
that their judicial systems would effectively pursue allegations of
torture, protect victims, and investigate suspects and bring them to
justice in fair trials. The EU's goals were nothing less than to prevent
and eliminate torture and impunity in wherever it occurred.<br><br>
There is ample reason for them to focus on Israel. In February 2000,
Israeli authorities released a previously secret state comptroller's
report acknowledging for the first time that the Shin Bet
"knowingly" committed torture. Israel's high court acknowledged
as much two years later when it banned the use of "physical
pressure" in interrogations.<br><br>
In November 2001, the United Nations Committee on Torture added its
voice, expressing its concern about Israel's use of methods similar to
those alleged by al-Shami against both adults and minors. While
acknowledging Israel's security concerns, the UN report emphasized that
"no exceptional circumstances" could justify torture. Israel's
state prosecutor received over 500 complaints of Shin Bet mistreatment
since December 2001, yet, a joint report by the Israeli human rights
organizations B'Tselem and Hamoked protested, the prosecutor "has
not found cause to order the instigation of a single criminal
investigation."<br><br>
It was because of such systematic impunity that al-Shami was forced to
take his quest for justice abroad. "Ayalon's visit to the
Netherlands provided an exceptional opportunity and engaged a duty to
arrest him and establish jurisdiction," said the Gaza-based
Palestinian Centre for Human Rights in Gaza which has helped gather
evidence in al-Shami's case and those of other victims seeking legal
redress outside Israel, "in accordance with the legal principle of
universal jurisdiction."<br><br>
Al-Shami's lawyers' initial 16 May torture complaint included a request
for urgency because Ayalon was only scheduled to be in the Netherlands
for a few days to speak at a conference organized by a Dutch pro-Israel
organization. On 18 May, Dutch Foreign Affairs minister Maxime Verhagen
attended the event and declared that he was "lucky to be in the
company" of Ayalon.<br><br>
Only one month later, on the International Day in Support of Victims of
Torture, the EU issued a statement condemning any action or attempt by
states or public officials to legalize, authorize or acquiesce in torture
and other cruel, inhuman or degrading treatment or punishment under any
circumstances, including on grounds of national security or through
judicial decisions.<br><br>
Though time was pressing, the Dutch Public Prosecutor failed to initiate
an investigation because another body, the College of
Procurators-General, had to rule on whether Ayalon had immunity. When
their decision arrived on 21 May that he could be charged in the
Netherlands, it was a day too late.<br><br>
This was no accident of timing, according to a report in Israeli daily
<i>Yedioth Ahronoth</i> on 7 October. As soon as Israeli officials
learned of al-Shami's legal action, they "immediately contacted
Dutch authorities to make certain Ayalon would not be arrested." The
Dutch government's "speedy and positive response to Israel's
plea," the newspaper said, meant that Israeli officials did not have
to consider "the possibility of spiriting Ayalon out of the country
immediately," as they had done in other cases of senior Israeli
officials being pursued by judicial authorities in Europe (Itamar
Eichner, "Report: Minister Ayalon evaded arrest in Holland,"
YNet, 7 October 2008).<br><br>
The Dutch daily <i>De Volkskrant</i> cited an Israeli government official
confirming the contacts between the Israeli and Dutch Ministries of
Foreign Affairs and Ministry of Justice. Not only did the Dutch foreign
minister publicly associate himself with Ayalon while the latter was been
accused of torture, but, it would appear, his department helped the
accused get away.<br><br>
This is not only a violation of al-Shami's rights and a further slap in
the face of Palestinian torture victims, it is a grave violation of the
Netherlands' commitments under international law and further exposes
Europe's shameless collusion with Israel's mounting human rights
crimes.<br><br>
<i>Arjan El Fassed is co-founder of The Electronic Intifada and the
author of <a href="http://www.nietiedereenkanstenengooien.nl">Niet
iedereen kan stenen gooien</a> (Uitgeverij Nieuwland, 2008).</i>
<br><br>
<br>
</font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>