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Israel/OPT
14.09.00
Urgent Interventions

Israel: Nidal Daghlas meets with lawyer and testifies to torture

Case ISR 300800.2
Second Follow-up of Case ISR 300800

Geneva, 14th September 2000.

The International Secretariat of OMCT has received new information regarding the following situation in Israel.

New Information

The International Secretariat of OMCT has been informed that On 10 September 2000, LAW’s (The Palestinian Society for the Protection of Human Rights and the Environment) lawyer, Labib Habib, visited Palestinian detainee Nidal Daghlas, 38, from the village of Assira el-Shiamliya in the West Bank. This was the first time LAW’s lawyer was allowed to visit the detainee. Nidal Daghlas is currently being held at the Petah Tikva Detention Centre in Israel and had been denied access to a lawyer since his arrest on 27 August 2000. An Order Prohibiting Meeting with Counsel had been imposed against him through 9.9.2000 and was extended to 10 September, 2pm.

He confirmed that he was tortured after his arrest in Assira el-Shiamliya, before being transferred to the Petah Tikva Detention Centre. He explained that soldiers threw him to the floor with his right arm folded back and their feet over his arm and back. He claimed that he was kicked in the genitals and that the soldiers poured water over his nose and pushed a number of small stones and pieces of newspaper into his mouth to choke him. This was done while the soldiers aimed their weapons at him and threatened to kill him.

Brief reminder of the situation

The International Secretariat of OMCT was informed by the Public Committee Against Torture in Israel (PCATI) and LAW, both members of the OMCT network, of the continued incommunicado detention of Nidal Daghlas in blatant violation of international law.

Mr. Daghlas, married and father of five, a sports teacher, was arrested on 27.8.00 during the operation in connection with the capture of Hamas member Abu Hanoud that was carried out by the Duvdevan undercover military unit in the village of Assira el-Shiamliya. He was wounded in one leg. (See case ISR 300800)

According to the information received, after his arrest, and before being transferred to a detention facility, Mr. Daghlas was forced to remove his clothing, and despite his serious wounds and before receiving any medical attention, he was interrogated for four hours, beaten, tortured and threatened with having his head crashed under the wheel of a military jeep if he did not speak.

After hours of interrogation and torture, while bleeding from his wounds, Mr. Daghlas was transferred to the Israel police detention center in Petah Tikva where he is still held. In view of his serious wounds and the torture he suffered, his life may be endangered.

LAW and PCATI attorneys were informed by phone that Mr. Daghlas’ detention had been extended through 23.9.00 and Orders Prohibiting Meeting with Counsel had been imposed against him through 9.9.00. On 30.8.00 attorneys representing PCATI and LAW contacted the State Attorney's office requesting information on the state of Mr. Dajlas' health and asking to meet with him. On 31.8.00 an answer was received stating that Mr. Daghlas had been examined by a doctor and sent to hospital for tests.

On 4.9.00 PCATI and LAW through their attorneys Lea Tsemel and Labib Habib filed an urgent petition to the High Court of Justice on behalf of Mr. Daghlas demanding that Mr. Daghlas be allowed to meet with counsel, that the GSS refrain from using any form of physical pressure and that Mr. Daghlas be immediately provided with proper medical care. On 5.9.00 PCATI and LAW withdrew their petition on behalf of Mr. Daghlas after the Court made it clear that it intended to reject the petition.

The withholding of medical treatment, particularly in view of the Mr. Dajlas condition constitutes a form of physical pressure and torture prohibited by the above ruling and by the Basic Law of Human Dignity and Freedom. PCATI and LAW declared that “It is our claim that under the circumstances the withholding of proper medical attention constitutes physical pressure and torture and may endanger Mr. Dajlas' life. It is also our claim that, in view of the present circumstances and past experience, the orders prohibiting meeting with counsel have been imposed to conceal the prohibited use of physical pressure being used against Mr. Dajlas and the serious state of his health.”

Actions requested

i. take all necessary measures to guarantee the physical and psychological integrity of Nidal Mohammed Sa'id Dajlas and ensure his procedural rights at all times;
ii. guarantee an immediate investigation into these allegations of torture and ill-treatment, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

Ehud Barak, Prime Minister and Minister of Defence, Office of the Prime Minister, 3 Kaplan Street
Hakirya, Jerusalem 91007, Israel, Faxes: +972 2 566 4838 and +972 3 691 7915

Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax : + 972 2 6285 438

Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax: +972 3 697 62 18.

Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax : + 972 2 5826 769.

The Embassy of Israel in your respective countries.

Geneva, September 14, 2000

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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