ISRAELI abuse of Palestinians takes up all the headlines but here’s a new story: The Fatah-led Palestinian Authority in the occupied West Bank and Hamas authorities in the Gaza Strip routinely arrest and torture peaceful critics and opponents, says Human Rights Watch.
“The habitual, deliberate, widely known use of torture, using similar tactics over years with no action taken by senior officials in either authority to stop these abuses, make these practices systematic. They also indicate that torture is governmental policy for both the PA and Hamas,” HRW said in a recent report.
The report labeled both the PA and Hamas as “police states” and wondered why Western governments that purport to oppose such things continue to send so much of their taxpayers' money to the Palestinians. Maybe that’s because there are quite a few holes in the HRW report. It has, for one, come out from seemingly nowhere. This is the first time such accusations have been leveled at the twin Palestinian leaderships. Not even a single leak from an investigation that has lasted for two years warrants skepticism.
Like all other controversies that involve finger pointing, for the sake of impartiality, the other side should also be heard. In letters to HRW, both the PA and Hamas deny the allegations and point to legal means for detainee complaints. The PA says the report is highly biased and full of mistaken information and that no HRW representatives had contacted it to get accurate information on the incidents. It added that Palestine has signed all international laws and conventions that ban human rights abuses and torture and is committed to enforcing them. Hamas similarly vehemently defends itself.
Again, the PA asserts that arrests are being carried out according to the law while Hamas admits that when officers violate the law, including issues of torture, action is taken. Some are detained and put on trial; others are demoted. This is a reminder that rogue police exist everywhere, including in America which has innumerable instances of white policemen shooting unarmed civilians of color.
Most important, the rights body said it was unable to accept a Hamas offer to investigate because Israel refused to grant permits to Gaza. So, Israel should be blamed for not allowing HRW to allow a thorough investigation.
When the wording is looked at closely, what is being criminalized by HRW includes creating sectarian strife which would constitute a crime in most countries. HRW also concedes that most people detained by the PA and Hamas are released without being referred to trial.
HRW is in itself at times controversial. While HRW is famed for pressuring governments, policy makers and human rights abusers to denounce abuse and respect human rights, it has been criticized for bias by the national governments it has investigated for human rights abuses. Bias allegations have included undue influence by US government policy. HRW has also been criticized for poor research methodology and lax fact-checking. HRW often objects to criticism of its reporting and findings.
It is possible, as HRW asserts, that the Palestinian Authority and Hamas target each other’s supporters in the territories they control. Following Hamas’ 2006 parliamentary election win and a near-civil war, there is bad blood between these two main Palestinian parties.
In the end, though, Palestine, which holds non-member state status at the UN, has signed up to human rights treaties that prohibit systematic arbitrary arrests and torture. Both the PA and Hamas have internal mechanisms in place to file complaints against abuse by authorities.
What Human Rights Watch is really claiming is that the PA and Hamas are employing techniques that mirror the practices of Israelis against Palestinians. That what Palestinians are doing against each other can be equated to the actions Israel takes against Palestinians is an incredulous claim that in itself demands an investigation.
