Death in custody must be immediately investigated

ISRAEL: Death in custody must be immediately investigated

Geneva, 28 February 2013. The World OrganisationAgainst Torture (OMCT) expresses its grave concerns about the allegations oftorture and the subsequent death in custody on 23 February 2013 of Mr. ArafatJaradat, a 30-year-old Palestinian student, who was detained in Megiddo Prison.OMCT urges the competent Israeli authorities to immediately carry out a prompt,independent and impartial investigation into the circumstances of his deathaccording to the Investigation into Circumstances of Death Law.

On 18 February 2013, the Israeli Occupying Forces(IOF) and General Security Service (GSS) reportedly arrested Mr. Arafat Jaradatfrom his home in the town of Sa’eer, near Al-Khalil (Hebron) alleging that hehad thrown stones at cars from a nearby settlement. He was allegedly severelybeaten by the IOF during his arrest. He was then taken to Jalameh InterrogationCentre in the northern West Bank before being transferred to Megiddo Prison.

According to his lawyer, Mr. Arafat Jaradat wastortured during his interrogation, including being forced to sit for long hoursin stress positions with his hands shackled behind his back. During a courthearing on 21 February 2013, his lawyer requested that Mr. Jaradat be given amedical examination, including because he was suffering from pain in his back.However, the judge reportedly ruled to extend his detention for a furthertwelve days and ordered that the medical officials in the interrogation centreexamine his health conditions and report the results to the GSS and the court.Mr. Jaradat reportedly died two days later, on 23 February 2013, in MegiddoPrison, under conditions that remain unclear.

Mr. Jaradat’s death is the latest example of theongoing human rights violations committed by the Israeli security forces on Palestiniandetainees and prisoners. OMCT has been informed that, since 2003, there havebeen several hundreds complaints of torture in the Israeli Prisons, none ofwhich have been investigated. On 21 January 2013, another Palestinian prisonerMr. Ashraf Abu Dra died from a fatal coma shortly after his release due to amedical negligence during his detention.

“The structural impunity of the intelligence serviceand the persistence of any legal accountability for acts of torture and otherhuman rights violations must end” said Gerald Staberock, Secretary General ofOMCT.

OMCT supports the call of its member organisations, notably The PublicCommittee Against Torture (PCATI) and Addameer, to immediately open an independentand impartial investigation into the circumstances of the death of Mr. ArafatJaradat.

“The Israeli investigative authorities must refrain from resorting tounlawful means of interrogation and must respect fundamental safeguards againsttorture and ill-treatment” added Gerald Staberock.

OMCT recalls to the Israeli authorities that theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment requires that each State Party shall take effective legislative,administrative, judicial or other measures to prevent acts of torture in anyterritory under its jurisdiction (Article 2 a)) and that each State Party shallkeep under systematic review interrogation rules, instructions, methods andpractices as well as arrangements for the custody and treatment of personssubjected to any form of arrest, detention or imprisonment in any territoryunder its jurisdiction, with a view to preventing any cases of torture (Article11).

OMCT also calls on the Israeli authorities toimmediately release all administrative detainees detained without charges ortrial and to take immediate measures in order to ensure that thehunger-striking prisoners receive proper medical treatment in an adequatemedical facility, and that they are treated humanely under all circumstances.

Contact:

Alexandra Kossin,Tel. +41 22 809 49 39