Jerusalem 1500/Section 1

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INFO OCT-01 ISO-00 HA-05  CIAE-00  DODE-00  PM-05 H-01 INR-10  L-03  NSAE-00  NSC-05  PA-01  SP-02  SS-15 ICA-11  IO-13  MCT-01  /084 W 019905  311130Z /11

R 310907Z MAY 78 FM AMCONSUL JERUSALEM TO SECSTATE WASHDC 1020 INFO AMEMBASSY TEL AVIV

CONFIDENTIAL SECTION 1 OF 4 JERUSALEM 1500

E.O. 11652: GDS TAGS: PINT, SHUM,CVIS, IS, JO SUBJ: TORTURE OF ARAB PRISONERS IN JERUSALEM AND THE WEST BANK

REF: A) 77 JERUSALEM 470, (B) 77 JERUSALEM 739, (C) 77 JERUSALEM 1299, (D) 77 JERUSALEM 1639, (E) 77 JERUSALEM 1640 (F) JERUSALEM 73, (G) JERUSALEM 183, (H) JERUSALEM 398, (8) JERUSALEM 709, (J) JERUSALEM 866, (K) JERUSALEM 1069, (L) JERUSALEM 1081

SUMMARY: DURING THE PERIOD BETWEEN MARCH 1977 AND APRIL 1978, THE POST HAS ASSEMBLED A BODY OF FIRST-HAND TESTIMONY INDICATING THAT ISRAELI TORTURE OF ARAB PRISONERS IN THE OCCUPIED TERRITORIES MAY BE A WIDESPREAD AND EVEN COMMON PRACTICE. THIS INFORMATION ALSO CASTS CONSIDERABLE DOUBT UPON THE FAIRNESS OF THE SYSTEM OF MILITARY COURTS IN OPERATION IN THE OCCUPIED TERRITORIES, AND THE SIGNIFICANCE OF THESE COURTS OBSERVING SOME OF THE OUTWARD FORMS OF DUE PROCESS. THIS MATERIAL SUB- STANTIALLY GOES BEYOND THE FINDINGS OF LAST YEAR'S HUMAN RIGHTS REPORT ON ISRAELI PRACTICES IN THE OCCUPIED TERRITORIES AND IS SUBMITTED AS PART OF THE POST'S EFFORT TO KEEP THE DEPARTMENT AND EMBASSY TEL AVIV INFORMED OF HUMAN RIGHTS PRACTICES IN THE WEST BANK. END SUMMARY.

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1. THE DRAFTER OF THIS REPORT IS ALEXANDRA U. JOHNSON, VICE CONSUL, POST VISA OFFICER, AND IS BASED ON HER INTERVIEWS WITH VISA APPLICANTS DURING THE PERIOD FROM MARCH 1977 TO APRIL 1978.

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2. SOURCE OF THE INFORMATION. WHEN ROUTINE POLICE CHECKS, WHICH ARE REQUIRED LOCALLY FOR THE PROCESSING OF STUDENT AND IMMIGRANT VISAS, REVEAL THAT A VISA APPLICANT HAS BEEN ARRESTED FOR A "SECURITY OFFENSE,"  (I.E. AN ACT WHICH THE AUTHORITIES DEEM AS RESISTANCE TO THE ISRAELI OCCUPATION), AN INVESTIGATION IS MADE BY THE POST IN ORDER TO DETERMINE WHETHER THAT INDIVIDUAL IS INELIGIBLE TO RECEIVE A VISA UNDER SECTION 212(A)(28) OF THE IMMIGRATION AND NATIONALITY ACT, WHICH BARS COMMITTED MEMBERS OF TERRORIST ORGANIZATIONS FROM ENTERING THE UNITED STATES. THE INDIVIDUAL IS REQUIRED TO PRODUCE A CERTIFIED COPY OF THE OFFICIAL COURT RECORD OF HIS TRIAL. THEN HE IS INTERVIEWED BY A CONSULAR OFFICER (SINCE MARCH 1977 AN ARABIC-SPEAKING OFFICER)  CONCERNING THE SECURITY OFFENSE, AND AT THE TERMINATION OF THE INTERVIEW, REQUESTED TO WRITE A STATEMENT CONCERNING THE MATTER. BETWEEN MARCH 1977 AND APRIL 1978, JERUSALEM HAS PROCESSED FIFTEEN SUCH CASES. THE INTERVIEWS CONDUCTED IN CONNECTION WITH THESE CASES PRODUCED CONSIDERABLE INFORMATION BEARING ON THE ISSUE OF TORTURE OF ARAB PRISONERS. (POST SENDING BY AIRGRAM DETAILED REPORT OF CONSULAR OFFICER INTERVIEWS WITH 15 APPLICANTS.)

3. THE CRIME. ALTHOUGH ALL FIFTEEN APPLICANTS WERE ARRESTED FOR SECURITY OFFENSES, THE NATURE OF THE ACTIONS WHICH LED TO THEIR ARREST VARIED GREATLY. ONE INDIVIDUAL SMUGGLED A TIMING DEVICE FOR EXPLOSIVES FROM JORDAN TO THE WEST BANK. ANOTHER EMBARKED UPON A COURSE OF IDEOLOGICAL TRAINING UNDER PFLP AUSPICES. TWO WERE ARRESTED BECAUSE THEY EACH HAD A FRIEND WHO OWNED AN UNLICENSED PISTOL. SIX SEEM TO HAVE BEEN

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ARRESTED ON THE BASIS OF INDISCREET CONVERSATIONS IN WHICH THEY EXPRESSED VERBAL SUPPORT FOR THE PLO. ONE HAD DIS- TRIBUTED LEAFLETS CALLING FOR PROTEST DEMONSTRATIONS. TWO WERE CHRILDREN [sic] WHO HAD SCRAWLED ANTI-ISRAELI SLOGANS ON SCHOOL WALLS. (THEY WERE ARRESTED FOR THIS ALMOST TWO YEARS AFTER WRITING THE GRAFITTI.)  ANOTHER HAD LIED TO OBTAIN A PERMIT TO CROSS THE ALLENBY BRIDGE INTO JORDAN -- TO ATTEND HIS OWN WEDDING. YET ANOTHER STILL CLAIMS TO HAVE NO IDEA WHY HE WAS HELD FOR ONE MONTH OF INTERROGATION AND FIVE WEEKS ADMINISTRATIVE DETENTION, AND POLICE RECORDS ALSO THROW NO LIGHT UPON THE MATTER. IN ALL CASES, HOWEVER, THE QUESTION OF ORGANIZATION MEMBERSHIP -- EITHER IN THE PLO OR IN SOME UNNAMED BUT SIMILAR ORGANIZATION -- WAS INTRODUCED IN INTERROGATION AND FIGURED IN THE CHARGES AT ANY SUBSEQUENT TRIAL. MEMBERSHIP, PAR- TICULARLY WHEN IT IS UNACCOMPANIED BY OVERT ACTS POSING A

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THREAT TO SECURITY, IS AN INTANGIBLE. IT IS UNLIKELY THAT SUCH MEMBERSHIP COULD BE "PROVEN" EXCEPT BY CONFESSIONS AND/OR DENUNCIATIONS. IN THIS CONTEXT, THE METHODS OF INTERROGATION ASSUME A CRITICAL IMPORTANCE.

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