Israel/OPT
17.07.03
Urgent Interventions
Israel: incommunicado detention, torture and ill treatment of 3 palestinians
Case ISR 170703
Arbitrary and incommunicado detention / Ill treatment / Torture / Risk of torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Occupied Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by a Public Committee Against Torture in Israel, a member of the OMCT network, of the lengthy incommunicado detention of Yunes Abu-Sneineh (19 years old), Yasser Ali Abu Dia (22) and Bassam Sharawi (25) and the illegal interrogation methods to which they were subjected. These persons were detained incommunicado for 18, 24 and 14 days respectively, following the issuing of Orders Prohibiting Meeting with Counsel (OPMCs), giving rise to serious concern for their personal integrity.
PCATI has expressed concerns that the objective of the OPMCs, which are usually issued during the first days of interrogation, is to conceal from public view the nature of the interrogation, and has also stated that preventing a detainee from meeting with his attorney is illegal. PCATI has found, particularly since the beginning of the Al Aqsa Intifada, that in such circumstances there is cause to believe that the means of interrogation do not meet minimum legal standards.
According to the information received, Yunes Abu-Sneineh, a resident of Hebron, was arrested on 11.6.03 and held at the Etzion Camp for four days. He was then transferred to the GSS Interrogation Unit at the Russian Compound Detention Center (RCDC) in Jerusalem. From the time of his arrest and until 24.6.03, an Order Prohibiting Meeting with Counsel prevented Mr. Abu-Sneineh from meeting with his attorney.
On 19.6.03, Attorney Husam Younis filed an urgent petition to the High Court of Justice on behalf of Yunes Abu-Sneineh demanding that the Order Prohibiting Meeting with Counsel be lifted and that Mr. Abu-Sneineh be allowed to meet with counsel. On 22.6.03 the above petition was rejected at a hearing held at the High Court of Justice. On 29.6.03, Mr. Abu-Sneineh met with his attorney for the first time. In a sworn affidavit collected that day, he stated that he was held in isolation for 10 days at the RCDC and that he was tied to a chair and allowed to sleep only two hours a day for three consecutive days during his interrogation.
Mr. Abu-Sneineh also stated that he suffers from rheumatism in his leg and suffered from pain during his interrogation. He asked for medication and was given pills that caused him dizziness, thirst and pains in the stomach. He lost consciousness and was taken to the detention center’s clinic, where the pills were found to cause dehydration. At the end of the affidavit, Mr. Abu-Sneineh stated that his condition has improved. He is still being held at the RCDC.
Two other cases that are similar to that stated above further exemplify the problems in question. Firstly, Mr. Yasser Ali Abu Dia, a resident of Bethlehem, was arrested on 9.6.03 and held at the Etzion camp for three days, before being transferred to the GSS Interrogation Unit at the RCDC in Jerusalem, then to the Shikma Detention Center in Ashkelon, where he was held with collaborators for five days, before being taken back to the RCDC. From the time of his arrest, an Order Prohibiting Meeting with Counsel had prevented Mr. Abu Dia from meeting with an attorney. His attorney sent a pre-petition letter to the State Attorney and filed an urgent petition to the High Court of Justice. On 22.6.03, the above petition was reportedly rejected.
Mr. Abu Dia first met with his attorney on 3.7.03. In a sworn affidavit Mr. Abu Dia stated that he was held in solitary confinement for 8 days and that he was tied from behind to a chair during his interrogation from 7 AM to 4 PM for 7 consecutive days. Mr. Abu Dia also stated that he received threats that his house would be demolished and that his family would be arrested and deported if he did not fully confess. Yasser Ali Abu Dia is still being held at the RCDC in Jerusalem.
In addition, Bassam Sharawi, a resident of Hebron, was arrested on 10.6.03 at his place of employment in Beer Sheba and held at the Etzion Camp. He was later transferred to the GSS Interrogation Unit at the RCDC in Jerusalem. From the time of his arrest, an Order Prohibiting Meeting with Counsel prevented Mr. Sharawi from meeting with his attorney. Once again the urgent petition to the High Court of Justice demanding the lifting of the OPMC was rejected at a hearing on 22.6.03.
On 23.6.03, Mr. Sharawi first met with his attorney at the RCDC. In a sworn affidavit, Mr. Sharawi stated that he was beaten and kicked all over his body during his arrest. As a result he suffered from swelling on the left side of his chest and from severe headaches and dizziness. He was forced to eat dirt and not allowed to wash his mouth until he reached the Etzion Camp some ten hours later. Later, during interrogation at the RCDC, he was forced to sit on a chair with his hands and legs bound from behind for 9 consecutive days and was allowed to sleep no more than two hours a day for four days during this time. Mr. Sharawi also states that he was held in isolation for 6 days, that the food he receives is of poor quality and that he is treated very badly. Basam Sharawi is still being held at the RCDC in Jerusalem.
The International Secretariat of OMCT is gravely concerned by these cases, which illustrate the use of torture and ill treatment in the Israeli interrogation process, the false confessions that may result from this practice and which support the need to end Orders Prohibiting Meeting with Counsel and any other practices which increase the risk of torture. OMCT calls on the Israeli authorities to immediately put a halt to the use of methods that constitute torture and any other form of ill treatment.
OMCT also calls on the Israeli authorities to immediately halt of the use of Orders Prohibiting Meeting with Counsel and any other practices that increase the risk of torture, and to take all measures necessary to ensure that the absolute prohibition of torture is recognised by Israeli law. Concerning the cases mentioned above, OMCT calls on the Israeli government to guarantee the physical and psychological integrity and order the immediate release of the afore-mentioned detainees, in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, ensure that the detainees receive prompt and fair trials and that their procedural rights are respected at all times. OMCT further urges the authorities to launch prompt and impartial investigations into the circumstances of these events, notably the allegations of torture, in order to identify those responsible and bring them to justice, and to provide the victims with adequate reparation.
Background information
It is worth noting that these cases reveal that the High Court of Justice ruling of 1999, which outlawed torture, is no longer being complied with and has not been enforced for a long period of time.
OMCT recalls that in 1999 the Israeli High Court of Justice outlawed, one by one, the most frequently used methods of torture, beginning with violent shaking, continuing with squatting and the "shabeh" methods (covering the head with a sack, playing loud music and tying to a small, tilted chair), and ending up with sleep deprivation (as a means of applying pressure) and painful shackling. The Court ruled that these methods cause suffering (and when applied cumulatively - as in the "shabeh" method - particular suffering and pain) to those being interrogated and degrade their dignity, and are therefore illegal. In addition, OMCT would like to highlight the fact that the United Nations Committee Against Torture concluded in 1997 that these methods constitute torture, in particular when used in combination.
Action requested
Please write to the authorities in Israel urging them to:
i. immediately put a halt to the use of methods of interrogation that constitute torture and any other form of ill treatment;
ii. take all necessary measures to guarantee the physical and psychological integrity of Yunes Abu-Sneineh, Yasser Ali Abu Dia and Bassam Sharawi;
iii. guarantee that the detainees be granted access to legal representation and family visits;
iv. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
v. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture and ill treatment, in order to identify those responsible, bring them before a competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
vi. 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, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax: + 972 2 6705475, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il
· Yosef Lapid, Minister of Justice, 29 Salah Eddin Street, Jerusalem 91010, Israel. Fax: + 972 2 628 5438, E-mail: sar@justice.gov.il
· Elyakim Rubinstein, Attorney-General/Legal Adviser to the Government, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel, Fax: +972 2 6285438 / 3 5694370
· Ambassador Yaakov Levy, Av. de la Paix 1-3, CH-1202, Genève, Suisse, e-mail: mission.israel@gva.mfa.gov.il, fax: +4122 716 05 55
Please also write to the embassies of Israel and the Occupied Territories in your respective country.
Geneva, July 17th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary and incommunicado detention / Ill treatment / Torture / Risk of torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Occupied Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by a Public Committee Against Torture in Israel, a member of the OMCT network, of the lengthy incommunicado detention of Yunes Abu-Sneineh (19 years old), Yasser Ali Abu Dia (22) and Bassam Sharawi (25) and the illegal interrogation methods to which they were subjected. These persons were detained incommunicado for 18, 24 and 14 days respectively, following the issuing of Orders Prohibiting Meeting with Counsel (OPMCs), giving rise to serious concern for their personal integrity.
PCATI has expressed concerns that the objective of the OPMCs, which are usually issued during the first days of interrogation, is to conceal from public view the nature of the interrogation, and has also stated that preventing a detainee from meeting with his attorney is illegal. PCATI has found, particularly since the beginning of the Al Aqsa Intifada, that in such circumstances there is cause to believe that the means of interrogation do not meet minimum legal standards.
According to the information received, Yunes Abu-Sneineh, a resident of Hebron, was arrested on 11.6.03 and held at the Etzion Camp for four days. He was then transferred to the GSS Interrogation Unit at the Russian Compound Detention Center (RCDC) in Jerusalem. From the time of his arrest and until 24.6.03, an Order Prohibiting Meeting with Counsel prevented Mr. Abu-Sneineh from meeting with his attorney.
On 19.6.03, Attorney Husam Younis filed an urgent petition to the High Court of Justice on behalf of Yunes Abu-Sneineh demanding that the Order Prohibiting Meeting with Counsel be lifted and that Mr. Abu-Sneineh be allowed to meet with counsel. On 22.6.03 the above petition was rejected at a hearing held at the High Court of Justice. On 29.6.03, Mr. Abu-Sneineh met with his attorney for the first time. In a sworn affidavit collected that day, he stated that he was held in isolation for 10 days at the RCDC and that he was tied to a chair and allowed to sleep only two hours a day for three consecutive days during his interrogation.
Mr. Abu-Sneineh also stated that he suffers from rheumatism in his leg and suffered from pain during his interrogation. He asked for medication and was given pills that caused him dizziness, thirst and pains in the stomach. He lost consciousness and was taken to the detention center’s clinic, where the pills were found to cause dehydration. At the end of the affidavit, Mr. Abu-Sneineh stated that his condition has improved. He is still being held at the RCDC.
Two other cases that are similar to that stated above further exemplify the problems in question. Firstly, Mr. Yasser Ali Abu Dia, a resident of Bethlehem, was arrested on 9.6.03 and held at the Etzion camp for three days, before being transferred to the GSS Interrogation Unit at the RCDC in Jerusalem, then to the Shikma Detention Center in Ashkelon, where he was held with collaborators for five days, before being taken back to the RCDC. From the time of his arrest, an Order Prohibiting Meeting with Counsel had prevented Mr. Abu Dia from meeting with an attorney. His attorney sent a pre-petition letter to the State Attorney and filed an urgent petition to the High Court of Justice. On 22.6.03, the above petition was reportedly rejected.
Mr. Abu Dia first met with his attorney on 3.7.03. In a sworn affidavit Mr. Abu Dia stated that he was held in solitary confinement for 8 days and that he was tied from behind to a chair during his interrogation from 7 AM to 4 PM for 7 consecutive days. Mr. Abu Dia also stated that he received threats that his house would be demolished and that his family would be arrested and deported if he did not fully confess. Yasser Ali Abu Dia is still being held at the RCDC in Jerusalem.
In addition, Bassam Sharawi, a resident of Hebron, was arrested on 10.6.03 at his place of employment in Beer Sheba and held at the Etzion Camp. He was later transferred to the GSS Interrogation Unit at the RCDC in Jerusalem. From the time of his arrest, an Order Prohibiting Meeting with Counsel prevented Mr. Sharawi from meeting with his attorney. Once again the urgent petition to the High Court of Justice demanding the lifting of the OPMC was rejected at a hearing on 22.6.03.
On 23.6.03, Mr. Sharawi first met with his attorney at the RCDC. In a sworn affidavit, Mr. Sharawi stated that he was beaten and kicked all over his body during his arrest. As a result he suffered from swelling on the left side of his chest and from severe headaches and dizziness. He was forced to eat dirt and not allowed to wash his mouth until he reached the Etzion Camp some ten hours later. Later, during interrogation at the RCDC, he was forced to sit on a chair with his hands and legs bound from behind for 9 consecutive days and was allowed to sleep no more than two hours a day for four days during this time. Mr. Sharawi also states that he was held in isolation for 6 days, that the food he receives is of poor quality and that he is treated very badly. Basam Sharawi is still being held at the RCDC in Jerusalem.
The International Secretariat of OMCT is gravely concerned by these cases, which illustrate the use of torture and ill treatment in the Israeli interrogation process, the false confessions that may result from this practice and which support the need to end Orders Prohibiting Meeting with Counsel and any other practices which increase the risk of torture. OMCT calls on the Israeli authorities to immediately put a halt to the use of methods that constitute torture and any other form of ill treatment.
OMCT also calls on the Israeli authorities to immediately halt of the use of Orders Prohibiting Meeting with Counsel and any other practices that increase the risk of torture, and to take all measures necessary to ensure that the absolute prohibition of torture is recognised by Israeli law. Concerning the cases mentioned above, OMCT calls on the Israeli government to guarantee the physical and psychological integrity and order the immediate release of the afore-mentioned detainees, in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, ensure that the detainees receive prompt and fair trials and that their procedural rights are respected at all times. OMCT further urges the authorities to launch prompt and impartial investigations into the circumstances of these events, notably the allegations of torture, in order to identify those responsible and bring them to justice, and to provide the victims with adequate reparation.
Background information
It is worth noting that these cases reveal that the High Court of Justice ruling of 1999, which outlawed torture, is no longer being complied with and has not been enforced for a long period of time.
OMCT recalls that in 1999 the Israeli High Court of Justice outlawed, one by one, the most frequently used methods of torture, beginning with violent shaking, continuing with squatting and the "shabeh" methods (covering the head with a sack, playing loud music and tying to a small, tilted chair), and ending up with sleep deprivation (as a means of applying pressure) and painful shackling. The Court ruled that these methods cause suffering (and when applied cumulatively - as in the "shabeh" method - particular suffering and pain) to those being interrogated and degrade their dignity, and are therefore illegal. In addition, OMCT would like to highlight the fact that the United Nations Committee Against Torture concluded in 1997 that these methods constitute torture, in particular when used in combination.
Action requested
Please write to the authorities in Israel urging them to:
i. immediately put a halt to the use of methods of interrogation that constitute torture and any other form of ill treatment;
ii. take all necessary measures to guarantee the physical and psychological integrity of Yunes Abu-Sneineh, Yasser Ali Abu Dia and Bassam Sharawi;
iii. guarantee that the detainees be granted access to legal representation and family visits;
iv. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
v. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture and ill treatment, in order to identify those responsible, bring them before a competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
vi. 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, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax: + 972 2 6705475, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il
· Yosef Lapid, Minister of Justice, 29 Salah Eddin Street, Jerusalem 91010, Israel. Fax: + 972 2 628 5438, E-mail: sar@justice.gov.il
· Elyakim Rubinstein, Attorney-General/Legal Adviser to the Government, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel, Fax: +972 2 6285438 / 3 5694370
· Ambassador Yaakov Levy, Av. de la Paix 1-3, CH-1202, Genève, Suisse, e-mail: mission.israel@gva.mfa.gov.il, fax: +4122 716 05 55
Please also write to the embassies of Israel and the Occupied Territories in your respective country.
Geneva, July 17th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.