Ref: 36/2013
Date: 02 April 2013
Time: 11:50 GMT

The Palestinian Centre for Human Rights (PCHR) calls for an immediate and independent investigation into the circumstances of the death of a Palestinian prisoner, Maysara Abu Hamdiya, in Soroka Hospital inside Israel. PCHR is deeply concerned that the Israeli authorities may have delayed in offering Abu Hamdiya timely and adequate medical treatment for his condition. Furthermore, PCHR requests an explanation as to why the Israeli prison authorities ignored repeated calls to release Abu Hamdiya, due to the deterioration of his health over the past two months.

On Tuesday morning, 02 April 2013, Maysara Ahmed Abu Hamdiya (64) from Hebron, died in Soroka Hospital in Be’ersheba, Israel. Abu Hamdiya had been suffering from cancer of the throat and had been recently transferred from prison to the hospital.

Abu Hamdiya, married and a father of four children, was a major general in the security forces of the Palestinian Authority. He was initially detained by Israeli forces in May 2002, and was tried and convicted of being a member of al-Aqsa Martyrs Brigades, the armed wing of the Fatah movement, and participating in attacks against Israeli forces. He was initially sentenced to 25 years of imprisonment; however, on 22 April 2007, an Israeli court increased the sentence to life imprisonment.

Abu Hamdiya was diagnosed with cancer of the throat four months ago. By the time of diagnosis, his illness was at an advanced stage. Since the time of Abu Hamdiya’s initial arrest, he was denied family visits by the Israeli authorities. More recently, some members of his family were allowed to visit him following the deterioration of his condition. Israeli authorities had rejected all demands for his release.

Lawyer Jawad Paulis, Director of the Legal Unit in the Palestinian Prisoners Club, was quoted in the media as saying that he visited Abu Hamdiya in Soroka Hospital two days ago. Abu Hamdiya’s hands and feet were bound, and the Israeli guards refused to remove the restraints during the visit. Paulis stated that Abu Hamdiya had been in a very serious condition, and was unable to speak.

Palestinian prisoners and detainees have been protesting following the news of Abu Hamdiya’s death. Reports indicate that, in response, special forces of the Israeli Prison Service have been carrying out violent raids of prisoners’ cells.

As Abu Hamdiya was in Israeli custody at the time of his death, the Israeli authorities were fully responsible for his wellbeing. In light of the above, PCHR:

1. Calls for an immediate and independent investigation into Abu Hamdiya’s death;
2. Calls upon the international community to compel Israel to respect international law and humanitarian law, in particular the Fourth Geneva Convention, the UN Standard Minimum Rules for the Treatment of Prisoners, the UN Basic Principles for the Treatment of Prisoners, and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;
3. Expresses concern regarding the deterioration of the detention conditions of more than 4,700 Palestinians who are currently detained in Israeli prisons and detention centres; and
4. Expresses concern that Palestinian prisoners and detainees may be injured during violent raids of their cells and calls on the Israeli Prison Service to abide by international standards in their treatment of prisoners and detainees.