Maj. Gen. Gadi Shamni
GOC Central Command
Re: Stranglehold: Movement Limitations on the Beit Dajan and Beit Furik Villages
Dear Maj. Gen. Shamni:
1. We write with reference to the above matter in the name of the Village Councils of Beit Dajan and Beit Furik (hereinafter “the villages”). The combined population of these two villages is approximately 18,000.
2. Currently and since early 2001, these two villages have been in a situation of permanent “encirclement”:
2.1 IDF forces prohibit and prevent Palestinians from traveling on the Awarta-Elon Moreh Highway (“the Madison Route”). Although there are no gates in the area and no signs posted, the prohibitions are enforced with an iron fist by the armed forces in the region. Prior to the imposition of these prohibitions, this road was the main thoroughfare through the region for the village residents. Today only Israelis, primarily residents of the settlement Elon Moreh and their visitors, are allowed to use it;
2.2 The road that leads to Beit Dajan is blocked to all traffic, and residents can enter their village only by passing through Beit Furik;
2.3 On the only access road that remained to the residents – the road that links the villages with the city of Nablus – a permanent blockade was erected.
3. As a result of these restrictions, the entry to and exit from these villages for over 7 years has been allowed through only one crossing – the Beit Furik checkpoint.
“Beit Furik Checkpoint”: A Profile
4. The Beit Furik crossing is a permanent checkpoint that includes revolving gates (“carousels”) and special rooms for holding “detainees”. In the vicinity of the checkpoint, an observation tower (“pillbox”) was erected. The checkpoint is one of several that encircle the city of Nablus.
5. Contrary to the obligations undertaken by the military on various occasions in the past – that at least one road will remain open to every town at all times – this checkpoint operates only some hours of the day. In the recent period, it operated from 6:00 a.m. until 9:00 p.m. (During various periods and in previous years, the checkpoint operated until 7:00 p.m.) At other hours of the day, passage is permitted only for medical emergencies, though ambulances from Nablus are not allowed to enter the villages during these hours. In such cases, Palestinians must coordinate their crossing in advance, arrive at the checkpoint, call out to the soldiers, and wait until they descend from the observation tower to open the gate. This wait can take half an hour or more.
Because of the prohibition on vehicular traffic, those who are ill or require emergency medical treatment must cross the checkpoint on foot to reach the ambulance on the other side. If the person who is ill is unable to walk unassisted, someone is required to carry him or her across.
6. To cross the checkpoint, an individual must be searched – with the time this requires and the concomitant invasion of privacy, harassment and humiliation varying from time to time and person to person. Residents who arrive at the checkpoint by car, with the exception of the driver, are required to leave the car and cross the checkpoint on foot.
7. Children under the age of 16 are not allowed to cross the checkpoint unless accompanied by a parent.
8. Since late 2005, military forces at this checkpoint have prevented entry to the villages of any Palestinian who is not a registered resident of the villages. Thus, the army has transformed the villages into an isolated enclave cut off from the rest of the West Bank. Sometimes the army allows the entry of “others” with a special permit. As a rule, however, family members, friends, merchants, storeowners, and service-providers are not allowed to enter the closed area.
Extreme and Illegal Harm to the Civilian Population
9. The “prison conditions” in the enclave of villages created by the IDF have changed little over time. The damage is profound and of many years duration, harming all facets of society.
10. Most of the services and jobs of the village residents are located in Nablus. Because of the checkpoint and how it functions, access to medical services and educational institutions is severely disrupted. Getting to work on time is difficult, as is the ability of merchants and farmers to maintain their business activities and market their produce. Access to various services required for the day-to-day functioning of society is also limited.
11. The heads of the villages note that the movement limitations have severely disrupted all aspects of their lives, harming all population groups. People who were ill died on their way to the hospital after being detained at the checkpoint, pregnant women miscarried, workers were fired from their jobs, and the prices of goods and services in the village rose sharply. The prohibition on entering the villages devastated the social fabric there and severed family and social ties.
12. Prohibiting the movement of Palestinians on the Madison Route also harms the residents of other villages, including residents of Deir al-Khatab, Sallem, Awarta, and Rujeb. In addition to the direct damage resulting from prohibitions on using this road, access to agricultural lands is also denied. Residents of Deir al-Khatab and Sallem own lands on both sides of the road. The prohibition on movement is interpreted by the IDF forces in the area to also mean a prohibition on crossing the road by foot. Thus, the right of the shepherds and farmers to free access to their land has been abrogated, and they find themselves detained and punished for their efforts to reach their lands.
13. The prohibition has additional consequences for the civilian population. The Awarta checkpoint, which allows for the passage of goods to and from Nablus, is not far from this road – approximately one kilometer from where the road begins. Because travel on this road is prohibited, Palestinian trucks have to use an internal road that passes through the small streets of the village of Awarta. This replaces what would have been a short journey on the “forbidden road”.
14. These prohibitions on movement and traffic imposed indiscriminately and for a long period on the civilian population constitute a severe violation of the obligations of the military commander toward the civilian population. Article 43 of the Hague Convention states that it is the obligation of the military commander to use all measures in his power to ensure the welfare and human rights of the protected population.
15. In the decision made by you or one of your subordinates to impose these sweeping prohibitions on movement, you are directly responsible for severe harm to the way of life of the civilian population. Indeed, the damage and violations grow more severe as the constraints continue over time.
16. These directives are extremely unreasonable and patently disproportionate. The illegality of these directives also derives from their violation of obligations under international law and their breach of absolute prohibitions in international law, including the prohibition of collective punishment (Art. 50 of the Hague Convention and Art. 33 of the Geneva Convention).
17. In addition to the fundamental illegality of these directives, the directives and actions of those sent by you who operate in accordance with them are also unlawful prima facie because they are executed in the absence of legal authority to violate human rights.
You are therefore requested:
18. To instruct that the Beit Furik checkpoint be dismantled;
19. To instruct that the movement prohibitions that forbid residents from using the Madison Route and the road to Beit Dajan be rescinded;
20. To instruct that the prohibition on the entry of Palestinians into the area of the villages be rescinded;
21. To ensure the existence of access roads to the villages, which will remain open 24 hours a day and be accessible to the entire population.
We would appreciate your urgent response so that we can consider our next actions.
Yours very truly,
Limor Yehuda, Attorney
The Association for Civil Rights in Israel
