Dutch Authorities Fail to Arrest Minister Ami Ayalon

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

THE HAGUE, Netherlands – Authorities in the Netherlands failed to arrest the Minister-without-Portfolio, Ami Ayalon, while he was visiting the Netherlands in May. Khalid al-Shami, a Palestinian man, submitted an application to the Dutch authorities for his arrest. Khalid al-Shami alleges he was tortured from 1999 to 2000 while he was held for 50 days in an Israeli jail. During the alleged torture, Ami Ayalon was the director of the Shin Bet (the Israeli General Security Services – GSS), which investigates individuals suspected of committing crimes against Israel’s security.

Al-Shami was arrested by Israeli soldiers and taken to Ashkelon prison on December 31, 1999. He was interrogated for 20 days, in time blocks between 20 to 40 hours. Al-Shami was alone in a two by two meter cell for two to three hours between each interrogation session. He further alleges being subjected to low temperatures and tied to a small chair by his hands and feet for lengthy periods of time.

After 20 days, Al-Shami appeared before a military court without any legal representation. The court extended his arrest by 30 days. During this additional confinement, Al-Shami claims he was forced to make a written confession. Al-Shami has incurred serious life-long injuries from the torture.

Al-Shami is seeking justice abroad since the Israeli authorities have failed to act on his allegations, even though torture is routinely sanctioned in Israel. For years the Israeli judicial system has failed to pursue Ayalon. The Palestinian Centre for Human Rights (PCHR) with London-based Hickman and Rose Solicitors has collected files of evidence for victims like Al-Shami. PCHR has provided Al-Shami’s lawyers with his evidence file.

Under Article 6 and Article 7 of the United Nations Convention Against Torture any State Party whom a person alleges to have committed torture should be arrested and prosecuted (or extradited for trial elsewhere). In May the BFKW law firm filed a torture complaint with the Dutch prosecution authorities on behalf of Al-Shami.

Dutch authorities had a duty and ample opportunity to arrest Ayalon and establish jurisdiction. Dutch authorities failed to arrest Ayalon even though they established a prima facie case against him and discovered he was not immune from prosecution. Furthermore, the initial torture complaint was marked as urgent. The College of Procurators-General did not decide Ayalon lacked immunity until May 21. Ayalon left the Netherlands on May 20 and as a result, it was too late to arrest him.

The failure to arrest Ayalon will be the subject of a legal challenge in the Court of Appeal. On October 6, Al-Shami applied to the Court of Appeal in The Hague. Through an extradition request or an international arrest warrant, the order requires the Prosecutor to start a criminal investigation into Ayalon.

For more information, please see:

Adnkronos International – Netherlands: Rights Group Demands Arrest of Israeli on Torture Claims – 7 October 2008

Electronic Intifada – Palestinian Torture Victim Seeks Justice in the Netherlands– 7 October 2008

Jerusalem Post – Dutch Lawyers Seek Arrest of Minister Ami Ayalon – 7 October 2008

Ma’an News Agency – Holland Says Israeli Minister Ami Ayalon Persona Non Grata – 7 October 2008

Sumound – Dutch Lawyers Seek Ex-Israeli Spy Chief’s Arrest for Torture – 7 October 2008

Author: Impunity Watch Archive