Israel/OPT
08.09.00
Urgent Interventions
Israel/Palestine : continued incommunicado detention of Nidal Mohammed Sa'id Dajlas
Case ISR 300800.1
Follow-up of Case ISR 300800
Geneva, 8th 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 by the Public Committee Against Torture in Israel (PCATI) and The Palestinian Society for the Protection of Human Rights and the Environment (LAW), both members of the OMCT network, of the continued incommunicado detention of Nidal Mohammed Sa'id Dajlas (noted in the previous appeal ISR 300800 as Nidal Daghlas), 38 years old, ID 960512937, a resident of Assira el-Shiamliya in blatant violation of international law. On 6th September 2000, Mr. Dajlas had spent 11 days in isolation from the outside world, subject to physical pressure, which amounts to torture and denied access to adequate medical treatment.
Mr. Dajlas, 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. Dajlas 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. Dajlas 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. Dajla's 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. Dajlas had been examined by a doctor and sent to hospital for tests.
Therefore 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. Dajlas demanding that Mr. Dajlas be allowed to meet with counsel, that the GSS refrain from using any form of physical pressure and that Mr. Dajlas be immediately provided with proper medical care.
The authority to issue an Order Prohibiting Meeting with Counsel is pursuant to a 1970 law governing Israeli administration of the West Bank. PCATI and LAW are asking the Court to consider the validity of this authority and the circumstances under which the State routinely relies upon this order. According to PCATI and LAW, the above clause is legally invalid, and a gross and unjustifiable infringement of an individual's basic rights as codified in the law. Furthermore, this prohibition must have a substantive and valid factual basis and not merely serve as a GSS stratagem. The GSS is required to show that such a meeting would pose a substantial and real danger, seriously undermining the investigation. The State must convince the Court that a meeting with counsel presents a grave, immediate public danger to the security of the region.
On 6 September 1999, the High Court of Justice in Israel, with an expanded panel of nine judges, gave its verdict on PCATI’s petition #5100/94 and 6 other similar petitions filed by other human rights organizations. The High Court ruled to prohibit absolutely any method of torture or physical pressure during interrogation.
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.”
PCATI and LAW therefore asked the High Court of Justice that Nidal Dajlas be allowed to immediately meet with counsel and that he immediately receive adequate medical attention. On 5.9.00 PCATI and LAW withdrew their petition on behalf of Mr. Dajlas after the Court made it clear that it intended to reject the petition. Despite this, PCATI and LAW will examine the possibility of petitioning the High Court again on this case.
Actions requested
i. take all necessary measures to guarantee the physical and psychological integrity of Nidal Mohammed Sa'id Dajlas and ensure that is allowed to immediately meet with counsel and receive adequate medical attention;
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 8, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case ISR 300800
Geneva, 8th 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 by the Public Committee Against Torture in Israel (PCATI) and The Palestinian Society for the Protection of Human Rights and the Environment (LAW), both members of the OMCT network, of the continued incommunicado detention of Nidal Mohammed Sa'id Dajlas (noted in the previous appeal ISR 300800 as Nidal Daghlas), 38 years old, ID 960512937, a resident of Assira el-Shiamliya in blatant violation of international law. On 6th September 2000, Mr. Dajlas had spent 11 days in isolation from the outside world, subject to physical pressure, which amounts to torture and denied access to adequate medical treatment.
Mr. Dajlas, 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. Dajlas 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. Dajlas 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. Dajla's 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. Dajlas had been examined by a doctor and sent to hospital for tests.
Therefore 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. Dajlas demanding that Mr. Dajlas be allowed to meet with counsel, that the GSS refrain from using any form of physical pressure and that Mr. Dajlas be immediately provided with proper medical care.
The authority to issue an Order Prohibiting Meeting with Counsel is pursuant to a 1970 law governing Israeli administration of the West Bank. PCATI and LAW are asking the Court to consider the validity of this authority and the circumstances under which the State routinely relies upon this order. According to PCATI and LAW, the above clause is legally invalid, and a gross and unjustifiable infringement of an individual's basic rights as codified in the law. Furthermore, this prohibition must have a substantive and valid factual basis and not merely serve as a GSS stratagem. The GSS is required to show that such a meeting would pose a substantial and real danger, seriously undermining the investigation. The State must convince the Court that a meeting with counsel presents a grave, immediate public danger to the security of the region.
On 6 September 1999, the High Court of Justice in Israel, with an expanded panel of nine judges, gave its verdict on PCATI’s petition #5100/94 and 6 other similar petitions filed by other human rights organizations. The High Court ruled to prohibit absolutely any method of torture or physical pressure during interrogation.
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.”
PCATI and LAW therefore asked the High Court of Justice that Nidal Dajlas be allowed to immediately meet with counsel and that he immediately receive adequate medical attention. On 5.9.00 PCATI and LAW withdrew their petition on behalf of Mr. Dajlas after the Court made it clear that it intended to reject the petition. Despite this, PCATI and LAW will examine the possibility of petitioning the High Court again on this case.
Actions requested
i. take all necessary measures to guarantee the physical and psychological integrity of Nidal Mohammed Sa'id Dajlas and ensure that is allowed to immediately meet with counsel and receive adequate medical attention;
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 8, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.