source:
http://cosmos.ucc.ie/cs1064/jabowen/IPSC/articles/article0133223.html
To: Paul de Rooij
[address deleted]
09 August 2010
AMNESTY INTERNATIONAL INTERNATIONAL SECRETARIAT
Peter Benenson House. 1 Easton Street,
London WC1X OOW, United Kingdom
T: +44 (0)20 7413 5500 F: +44 (0)20 7956 1157
E: amnestyis@amnesty.org W: www.amnesty.org
Dear Paul
Thank you for your letter dated 11 July addressed to Salil Shetty,
who took up office as Secretary General of Amnesty International at the
beginning of July.
Salil has asked me to respond on his behalf and to thank you for your
kind expression of congratulations to him.
You ask whether Amnesty International is applying a double standard
because we regularly list the cases of prisoners of conscience in Cuba
on our website but do not simultaneously publish a list of Palestinian
prisoners of conscience held by the Israeli authorities.
We are not applying a double standard and nor, as your assertion of
that seems to imply, are we giving relatively less priority or attention
to the cases of Palestinians detained by Israel. The two country
situations - Cuba and Israel and the Occupied Palestinian Territories -
are very different and with regard to each we pursue strategies that are
developed with a view to ensuring that our work for prisoners of
conscience and other victims of human rights violations is as effective
as possible. In other words, with regard to Cuba, we consider it
strategically useful and effective to maintain and make public an up to
date list of prisoners of conscience.
The same is not true for Israel and the Occupied Palestinian
Territories, There, as you rightly say, many Palestinians opposed to the
Israeli occupation are imprisoned under administrative detention orders
(with an even greater number, of course, serving sentences for
politically-related crimes). These orders are of fixed duration but may
be reimposed to permit continuous detention, in some cases for a year or
more. Some of those held under such orders are prisoners of conscience
and we can be sure of that, but it is uncertain in many other cases
whether individual detainees are to be considered prisoners of
conscience, according to the common criteria used by Amnesty
International, or not. By its nature, the Israeli administrative
detention system is a secretive process, in that the grounds for
detention are not specified in detail to the detainee or his/her legal
representative; inevitably, this makes it especially difficult for the
detainee to challenge the order for, by example, contesting the grounds
on which the detention was made. In the same way, it makes it difficult
or impossible for Amnesty International to make a conclusive
determination in many cases whether a particular administrative
detainees can be considered a prisoner of conscience or not.
Clearly, if we were to publish a list of prisoners of conscience held
in administrative detention in Israel it would almost certainly be
inaccurate or incomplete. It would not be in the best interests of
administrative detainees held by Israel if we were to do this - some who
are or believe themselves to be prisoners of conscience might be missed
off because we had obtained insufficient information about their cases
and this could understandably cause unnecessary distress to them, their
families and others.
In other words, the situation as regards Cuba is different and we do
not consider bound to follow the same practice as regards detainees and
prisoners held by Israel simply because of the Cuba example,
particularly when we consider that this would not be in the best
interests of the Palestinian prisoners of concern to Amnesty
International who are being held by Israel.
That said, I can assure you that we take up a number of cases of
administrative detainees and our membership campaigns on those both in
their own right and as exemplars, and against the very abusive system of
administrative detention that Israel maintains.
However, you may see from our website that we also undertake many
other initiatives on behalf of victims of human rights violations and
breaches if international humanitarian law in Israel and the Occupied
Palestinian Territories, where general conditions, I would suggest to
you, are quite different than those in Cuba and marked by a much greater
degree of both political volatility and violence. The work that we have
done on the conflict in Gaza and southern Israel last year, in
particular in support of the Goldstone Report and its call for full
accountability and justice, and in opposition to the Israeli blockade of
Gaza, which we have roundly condemned as a form of collective
punishment, are two of the major themes to which I would draw your
attention. These, of course, have no parallel in Cuba, fortunately, but
they serve to illustrate that the country situations are quite
different, posing very different human rights challenges and, therefore,
I strongly contend, different strategies for addressing those
challenges.
I hope this clarifies and goes at least some way towards putting your mind at rest. Thanks again for raising this.
Malcolm Smart
[signed]
Director
Middle East and North Africa Programme
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