Palestine
23.10.01
Urgent Interventions

Palestine Autonomous Territory : Death in detention

Case PAL 231001
Death in detention / Possible use of torture


The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Palestine Autonomous Areas.

Brief description of the situation

The International Secretariat of OMCT has been informed by LAW, a member of the OMCT network, of the death in detention of Ala’ Muhammad Wahbeh in Gaza.

According to the information received, Ala' Muhammad Wahbeh, a 41 years old Palestinian from Khan Younis, was found dead in detention at the General Intelligence Appartus in Khan Younis at 1:30 pm on October 21st 2001. He died before being admitted to Naser Hospital.

The security source pointed out that all of the evidence indicates that he committed suicide after he had been confronted with the confessions of his co-conspirators in a security case.

According to the information received, Wahbeh's brother, Dr. Ghassan Whabeh, age 33, has made an affidavit to the Palestinian Center for Human Rights (PCHR), a Gaza based NGO, stating that he managed to see his brother at the hospital on Sunday afternoon and that his body was covered with bruises and swellings, his head hurt and his neck wore the marks of a rope or a wire.

According to the information received, Ala' Muhammad Whabeh was arrested on October 18th 2001. Two men dressed in civilian clothes reportedly came to his home in the evening to look for him. Whabeh's wife told them he was in the mosque. When Whabeh came back later, he took his ID card and told his wife that two men were waiting for him outside regarding a bank loan and that he would be back soon. When he didn’t return the next day, his family started to look for him. His brother Ghassan and uncle Fawzi Hellow, 50, began by visiting the Palestinian General Intelligence Service (GIS) in the city, but did not find his name in the prisoners register and the guard also denied his presence there. However, they finally discovered that Whabeh was actually detained in these premises. Members of the GIS told them that Muhammad Wahbeh could be released following the conclusion of the investigation. Since then, despite Hellow’s attempts, neither his family members nor lawyers were able to visit him during his brief detention.

His wife was informed of his death by a phone call of the Intelligence Appartus at 2:30 on October 21st.

The International Secretariat of the OMCT is gravely concerned about the circumstances that have led to Whabeh's death in detention. Moreover, the OMCT recalls that two other cases involving deaths in detention following suspected use of torture have been reported since the beginning of the year in Palestinian prisons (see appeals PAL 230801 and PAL 020301).

Action requested

Please write to the authorities in Autonomous Palestine urging them to:

i. guarantee an immediate investigation into the alleged torture in detention of Mr. Ala’ Muhammad Wahbeh, including an autopsy to identify the causes of his death, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee adequate reparation to Whabeh’s family;
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

· President Yasser Arafat, Palestinian Authority, Al-Muntada, Gaza, Palestinian Authority, Telegrams: President Arafat, Palestinian Authority, Gaza, Faxes: + 972 8 282 2366 (when voice answers, please ask for fax tone)

· Mr Freih Abu Meddein, Minister of Justice, Ministry of Justice, Abu Khadra Building, Omar al-Mukhtar Street, Gaza, Palestinian Authority, Telegrams: Justice Minister, Palestinian Authority, Gaza, Faxes :+ 972 8 286 7109

· Mr Khaled al-Qidreh, Attorney General for the State Security Courts, Police Headquarters, Gaza, Palestinian Authority, Telegrams: Khaled al-Qidreh, Police Headquarters, Gaza, Palestinian Authority, Faxes : + 972 8 282 4253 (when voice answers, please ask for fax tone)

Please also write to the representatives of Autonomous Palestine in your respective country.

Geneva, Octobre 23, 2001

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