Palestine
24.07.02
Urgent Interventions
Palestine: Palestinian detainee Abdul Hai Dhiab Sabbaba, has been extra-judicially executed at the Palestinian National Security Court
Case PAL 240702
Death in Detention / Extra-judiciary execution
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 the Public Committee Against Torture in Israel (PCATI), a member of the OMCT network, and other reliable sources, that 42-year old Abdul Hai Dhiab Sabbaba, a Palestinian detainee, was extra-judicially executed at the Palestinian National Security Court in Khan Yunis in the Palestine Autonomous Areas, on July 14th 2002.
According to the information received, Mr. Sabbaba was accused by the State Security Attorney General Representative of collaborating with the Israeli Occupying Forces, leading to the assassination of four Palestinian Hamas activists, including Abu Rizq and his two brothers, on June 24th 2002. Mr. Sabbaba allegedly collaborated with the Israelis by communicating with them through a mobile phone and providing an Israeli intelligence officer with the description of the car in which Abu Rizq was a passenger. The Israeli’s were allegedly then able to locate the car and shoot the Palestinians from an Israeli helicopter.
According to the report, the trial was presided by Brigadier Abdel Aziz Wadi as Chief, Lieutenant Colonel Jamal Abu Al-Hassan and Major Khaled Al-Zaru. The judges heard testimonies from eyewitnesses and from doctors from Martyr abu Yousef Al-Najjar Hospital in Rafar. Mr. Sabbaba was represented by his lawyer, Mr. Jihad Al-Agha. The court heard Mr. Sabbaba’s testimony, in which he denied all allegations that had been made against him, adding that he had confessed as a result of being subjected to threats and pressure during his interrogation by the Preventive Security Service. During the trial, the State Security Attorney General Representative and the chief judge questioned Mr. Sabbaba on his statements and State Security Attorney General Khaled al-Qedra also intervened to question him concerning his confession. Furthermore the mobile phones that were found on Mr. Sabbaba were presented to the court.
According to the information received, at approximately 13:22 on July 14th 2002, the trial was suspended for half an hour for consultation. Mr. Sabbaba was escorted to a cell. As people left the court, a heavy blast was heard and people left the building in the ensuing confusion. A few minutes later, it was confirmed that Israeli shelling had targeted an empty apartment building in the al-Rabwat area. Two Israeli combat helicopters were also still flying over the area. Approximately half an hour later, a number of gunmen emerged from the court, firing into the air and shouting that Mr. Sabbaba was dead.
According to the report, the Chief Judge, Brigadier Abdul Aziz Wadi, stated that a gunman had taken advantage of the confusion and fired at Mr. Sabbaba in his cell, resulting in his death. Brigadier Wadi considered the incident as being a mistake that obstructed the trial. However, he reportedly did not indicate whether any measures would be taken against the gunman who fired at Mr. Sabbaba.
The International Secretariat of OMCT is gravely concerned by the extra-judicial execution of Mr. Abdul Hai Dhiab Sabbaba. OMCT fears that the perpetrators of this attack may not be brought to justice and continue to enjoy impunity. OMCT therefore calls on the Palestinian Authority to launch an investigation into these events. Furthermore, OMCT expresses it opposition to the formation and use of the Palestinian National Security Court, which is in violation of internationally recognised fair trial standards and guarantees, and calls for its abolition and replacement by a competent and impartial civil court system.
Action requested
Please write to the authorities in Palestine urging them to:
· 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 that Mr. Sabbaba’s family receives adequate reparation;
· 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, The President's Office, Gaza, Palestinian Authority, Fax: + 972 8 2 822 159
· Freih Abu Middein, Minister of Justice, P O Box 1021, Gaza, Palestinian Authority, Fax: + 972 8 286 7109
· Abd el Razik Yihya, Minister of the Interior, Palestinian Authority, Fax: + 972 2 2400668
Geneva, July 24th, 2002.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Death in Detention / Extra-judiciary execution
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 the Public Committee Against Torture in Israel (PCATI), a member of the OMCT network, and other reliable sources, that 42-year old Abdul Hai Dhiab Sabbaba, a Palestinian detainee, was extra-judicially executed at the Palestinian National Security Court in Khan Yunis in the Palestine Autonomous Areas, on July 14th 2002.
According to the information received, Mr. Sabbaba was accused by the State Security Attorney General Representative of collaborating with the Israeli Occupying Forces, leading to the assassination of four Palestinian Hamas activists, including Abu Rizq and his two brothers, on June 24th 2002. Mr. Sabbaba allegedly collaborated with the Israelis by communicating with them through a mobile phone and providing an Israeli intelligence officer with the description of the car in which Abu Rizq was a passenger. The Israeli’s were allegedly then able to locate the car and shoot the Palestinians from an Israeli helicopter.
According to the report, the trial was presided by Brigadier Abdel Aziz Wadi as Chief, Lieutenant Colonel Jamal Abu Al-Hassan and Major Khaled Al-Zaru. The judges heard testimonies from eyewitnesses and from doctors from Martyr abu Yousef Al-Najjar Hospital in Rafar. Mr. Sabbaba was represented by his lawyer, Mr. Jihad Al-Agha. The court heard Mr. Sabbaba’s testimony, in which he denied all allegations that had been made against him, adding that he had confessed as a result of being subjected to threats and pressure during his interrogation by the Preventive Security Service. During the trial, the State Security Attorney General Representative and the chief judge questioned Mr. Sabbaba on his statements and State Security Attorney General Khaled al-Qedra also intervened to question him concerning his confession. Furthermore the mobile phones that were found on Mr. Sabbaba were presented to the court.
According to the information received, at approximately 13:22 on July 14th 2002, the trial was suspended for half an hour for consultation. Mr. Sabbaba was escorted to a cell. As people left the court, a heavy blast was heard and people left the building in the ensuing confusion. A few minutes later, it was confirmed that Israeli shelling had targeted an empty apartment building in the al-Rabwat area. Two Israeli combat helicopters were also still flying over the area. Approximately half an hour later, a number of gunmen emerged from the court, firing into the air and shouting that Mr. Sabbaba was dead.
According to the report, the Chief Judge, Brigadier Abdul Aziz Wadi, stated that a gunman had taken advantage of the confusion and fired at Mr. Sabbaba in his cell, resulting in his death. Brigadier Wadi considered the incident as being a mistake that obstructed the trial. However, he reportedly did not indicate whether any measures would be taken against the gunman who fired at Mr. Sabbaba.
The International Secretariat of OMCT is gravely concerned by the extra-judicial execution of Mr. Abdul Hai Dhiab Sabbaba. OMCT fears that the perpetrators of this attack may not be brought to justice and continue to enjoy impunity. OMCT therefore calls on the Palestinian Authority to launch an investigation into these events. Furthermore, OMCT expresses it opposition to the formation and use of the Palestinian National Security Court, which is in violation of internationally recognised fair trial standards and guarantees, and calls for its abolition and replacement by a competent and impartial civil court system.
Action requested
Please write to the authorities in Palestine urging them to:
· 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 that Mr. Sabbaba’s family receives adequate reparation;
· 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, The President's Office, Gaza, Palestinian Authority, Fax: + 972 8 2 822 159
· Freih Abu Middein, Minister of Justice, P O Box 1021, Gaza, Palestinian Authority, Fax: + 972 8 286 7109
· Abd el Razik Yihya, Minister of the Interior, Palestinian Authority, Fax: + 972 2 2400668
Geneva, July 24th, 2002.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.