Israel/OPT
16.05.02
Urgent Interventions

Israel: ill-treatment and torture to which Palestinian detainees have been subjected in Israeli detention centres

Case ISR 160502
Cruel, inhuman and degrading treatment/Torture/Death in detention/Incommunicado detention

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Palestine Occupied Territories.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Palestinian Society for the Protection of Human Rights and the Environment (LAW), a member of the OMCT network, of the ill-treatment and torture to which Palestinian detainees have been subjected in Israeli detention centres following a new campaign of mass arrests that began on March 29th, 2002.

According to the report, the recent Israeli campaign of mass arrests has dramatically increased the number of Palestinian prisoners in detention centres, overcrowding prisons and leading to a rapid spread of disease and an increase in health problems. Furthermore, detainees are often denied adequate medical care, food and sanitation, and are often the victims of torture and other forms of cruel, inhuman and degrading treatment at the hands of Israeli authorities.

According to the information received, due to the massive increase in prisoners at Ofer detention centre, in Betunia, Ramallah, tents designed to accommodate 20 people currently hold up to 40 prisoners. Detainees have reportedly complained that there is a shortage of food and that sanitation facilities are insufficient, with, for instance, 40 prisoners having to share one bar of soap. Six detainees are currently in need of urgent medical attention as they suffer from broken bones, diabetes, severe headaches, and psychological problems. Afeef Al Tardi, suffers from a chronic disease that reportedly needs medical attention which he has been denied in detention. Because of poor detention conditions and the lack medical assistance, skin diseases have reportedly become widespread.

According to the report, 37-year old Asi Kasim, who had been injured while in detention at Ofer detention centre, died at Ramallah hospital after being denied medical attention for 23 days. According to an eyewitness, Mr. Asim was subjected to degrading treatment while in custody: he was reportedly forced to strip and stay outside in the rain for several hours. Shari Al Kawasmi, a Palestinian detainee, reported that his 22-year old brother Hamid, who had recently undergone surgery before his arrest and detention in April 28th, 2002, has been severely beaten.

According to the report, a Palestinian minor, Abdul Salam Abu al-Hajja, who was captured at the Jenin refugee camp, was subjected to sleep deprivation and long hours of interrogation at the al-Jalami detention centre, in Jerusalem. Several other detainees at al-Jalami prison have reportedly been subjected to torture. The report states that they were tied against chairs and exposed to cold air for several hours, during which time they fainted repeatedly.

According to the information received, Ali Safouri, who was captured at the Jenin refugee camp, was severely beaten and threatened with execution. Ahmad Darweesh was allegedly subjected to interrogation for 40 days. He was reportedly held in a contorted position continuously for four days, and was beaten when he resisted a humiliating body search after being ordered to strip. Palestinian detainees Mohammad Dirawi, Mohammad Abu Libda, and Abdul Aziz Omar were also reportedly beaten after attempting to refuse the humiliating body searches ordered by the Israeli authorities.

According to the report, Husam Badran from Nablus and Saleem Haja from Burgeen are currently being held incommunicado and are not allowed to receive visits from their lawyers. They were reportedly recently transferred from Petach Tikva, al-Jalami, Russian Compound and Ashkelon prison respectively, reportedly in order to prevent LAW’s lawyer from seeing them. An appeal that was presented to the Israeli Supreme Court by LAW in order to enable one of their lawyers, Tawfiq Basool, to visit the detainees was dismissed by the court on May 15th, 2002. It is feared that Husam Badran and Saleem Haja may be subjected to torture due to their detention incommunicado and the recent alleged trend of increased ill-treatment and torture of Palestinian detainees in Israeli detention centres.

According to the information received, Palestinian detainees at Etzion detention centre in Bethlehem have been reportedly beaten, stripped and left outside in the rain. Detainees are denied medical care and food and sanitation is inadequate. According to the report, Ahamd Azam, a Palestinian detainee at Bir Al-Sabia’s detention centre claims that living conditions in the prison are poor and that he is forced to share a 3x1.5 meter cell with another detainee. Prisoners in Megiddo detention centre, located inside Israel, have also complained of inhumane detention conditions and abuse. A detainee, whose identity is currently unknown, was subjected to torture while being taken to Afula prison, and as a result has reportedly suffered severe pain in his ears. Another detainee has complained about back pain and hallucinations following torture during interrogation. At Ashkelon prison, detainees are subjected to cruel and degrading treatment, torture and “position abuse”.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned detainees and more generally about the increasing number of arbitrary arrests by the Israeli authorities and their use of cruel, inhuman and degrading treatment and torture on Palestinian prisoners.

On May 10th, 2002, OMCT, together with LAW and the Public Committee Against Torture in Israel (PCATI) submitted a joint report to the United Nations’ Committee Against Torture concerning Israel’s Policies in the Occupied Palestinian Territories that are allegedly in violation of the UN Convention Against Torture. The report is available at OMCT upon request. OMCT is also gravely concerned that Palestinian prisoners are being transferred to Israel, since the Fourth Geneva Convention states that ‘protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein,’ and that Israel’s treatment of prisoners does not meet the United Nations Standard Minimum Rules for the Treatment of Prisoners adopted in 1957.

Action requested

Please write to the authorities in Israel urging them to:

· take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned detainees;
· intervene with the appropriate authorities in order to secure that injured and ill detainees are provided with the adequate medical assistance as a matter of urgency;
· order the immediate release of the afore-mentioned detainees in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee their procedural rights at all times;
· guarantee adequate reparation to the family of Asi Kasim, and to all persons injured while detention;
· order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2) 651 2631/566 48 38 / 691 79 15
· Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax: (+ 972 2) 62 8 54 38 or + 972 2 628 8618
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
· Chief Military Attorney, Brigadier Menahem Finkelstein, Lishkat HaPatzar, HaKirya, Tel Aviv, Fax: (+972 3) 569 20 94

Please also write to the embassies of Israel in your respective country.
Geneva, May 16th, 2002.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.