Posted 2009/3/19
Israel OPT: Israeli Supreme Court upholds travel ban against Palestinian human rights defender, Mr Shawan Jabarin

Front Line is concerned following the decision of the Israeli Supreme Court to uphold a travel ban against Palestinian human rights defender, Mr Shawan Jabarin, on 10 March 2009. Shawan Jabarin is the General Director of Al Haq, an independent Palestinian non-governmental organisation based in Ramallah, West Bank.
Further Information
Al Haq was established in 1979, has special consultative status with the United Nations, and works to protect and promote human rights and the rule of law in the Occupied Palestinian Territory (OPT). Shawan Jabarin was scheduled to travel to the Netherlands on 13 March 2009 to receive the Geuzenpenning Award, on behalf of Al Haq. On 4 February 2009, Front Line issued an urgent appeal regarding the travel ban against Shawan Jabarin.
On 10 March 2009, the Israeli Supreme Court passed a decision to uphold a travel ban against Shawan Jabarin following two separate hearings on 5 March and 9 March 2009. The hearing of 5 March 2009 was attended by Ms Hina Jilani, Front Line Board member and former Special Representative of the UN Secretary General on Human Rights Defenders. Shawan Jabarin's lawyer made special mention of her presence and submitted her report on Israel and the Occupied Palestinian Territories (OPT) as part of his evidence. The hearing was also attended by Front Line's Director, Ms Mary Lawlor, and Deputy Director, Mr Andrew Anderson. Both Mary Lawlor and Andrew Anderson had met with Shawan Jabarin in Ramallah on 3 March 2009.
Spokeswoman of the Israeli Court, Ayelet Filo, claimed that Shawan Jabarin was “involved with terror groups” and that the court had “real evidence” of this, meaning that Shawan Jabarin would not be allowed to travel due to security concerns. The online edition of daily newspaper Haaretz reported that Ms Edith Kwakernaak, spokeswoman of the Geuzen Resistance Foundation in the Netherlands, said that the group was shocked and disappointed by the Israeli decision and that freedom of movement is a human rights principle.
Over the course of the two hearings - parts of which were conducted ex parte with only the judges, the State Attorney and members of the Israeli General Security Services (GSS) present -, the three-judge panel made repeated attempts to resolve the matter by exploring the possibility of a limited travel permit or a 'creative' solution that partially realises the petitioner's ability to enjoy his right to freedom of movement, but the GSS refused to alter their position and the Court eventually deferred to the position of the GSS. Despite acknowledging that denying Jabarin's lawyer access to the 'evidence' against his client may compromise the fairness of the trial, the Court nonetheless upheld the travel ban on the sole basis of the secret 'evidence' that Shawan Jabarin is an active member of a 'terrorist' organisation.
Since October 2006, Israeli authorities have reportedly denied Shawan Jabarin permission to leave the West Bank for human rights conferences in different countries. However, between 1999 and February 2006, before Shawan Jabarin became General Director of Al Haq, he was allowed to leave the West Bank on eight separate occasions.
Front Line again expresses its belief that the travel ban has been imposed on Shawan Jabarin because of his legitimate and peaceful work in the defence of human rights as General Director of Al Haq. Front Line is concerned that, while the travel ban is in place, Shawan Jabarin's work in this field will be hindered.
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