Ref: 03/2013
Date: 23 January 2013
Time: 11:30 GMT
The Palestinian Centre for Human Rights (PCHR) calls for a serious investigation to be opened into the circumstances of the unlawful arrest and arbitrary detention of 4 brothers from the al-Hamran family, one of whom was wounded, by the General Intelligence Service (GIS) in Rafah.
According to investigations conducted by a PCHR fieldworker, who received testimonies from eyewitnesses, at approximately 18:00 on Thursday, 17 January 2013, GIS officers intercepted 3 persons riding a motorbike on al-Sekka Street in al-Shaboura refugee camp in Rafah, in the southern Gaza Strip. The 3 individuals, Mousa, Fahed and Mohammed al-Hamran and detained them in a minibus belonging to the GIS. A GIS officer ordered the brother of the arrested men, Isma’il Ahmed al-Hamran, 23, who was standing in front of the family’s communications shop, to ride the motorbike of the 3 arrested persons to the police station. When Isma’il refused, the officer pushed him and ordered him to leave the area. Isma’il refused to leave, arguing that he was standing in front of a shop belonging to his family. The officer slapped him in the face and pushed him inside the GIS minibus. Isma’il’s brother, Mousa, intervened, attempting to prevent the detention of his brother. The officer attacked Isma’il, hitting him in the head with the butt of his gun, as a result of which he sustained a head wound. The officer and another officer, who was carrying a Kalashnikov, fired into the air in an effort to disperse the persons who had gathered in the area, including Isma’il’s brothers. As a result, Isma’il was wounded by bullet shrapnel in his left leg. Isma’il was transferred in a civilian vehicle to Martyr Abu Yusef al-Najjar hospital in Rafah to receive treatment.
Isma’il’s father, Ahmed Salama al-Hamran, gave a statement declaring that he had witnessed a GIS officer attempting unsuccessfully to fire his pistol into the air. The officer then pointed his gun at Ahmed, at which point one of his sons intervened to protect his father. Ahmed explained that 2 police vehicles arrived at the scene, and a number of policemen stepped out of the vehicles and transported him to the police station, where he was detained in a room. Ahmed stated that, at approximately 21:00, he was advised by policemen that he would be released, if 4 of his sons, including Isma’il, surrendered to the police. The 4 sons presented themselves to the police and their father was released. Ahmed Salama al-Hamran told PCHR’s fieldworker that his 4 sons: Isma’il, Mousa, Fahed and Mohammed are currently being held in detention at the police station. As of Wednesday, 23 January 2013, none of them were brought before the Attorney General or convicted of any charge. Al-Hamran said that the police justify the continued detention of his sons by claiming that they humiliated and attacked the GIS officers.
In light of the above, PCHR believes that the continued detention of the 4 brothers, including Isma’il who was wounded, for 7 days without bringing them before the Attorney General or a judge is clear violation of the Palestinian Basic Law and Penal Code 2001. Furthermore, the illegal detention of the father as a hostage, with his release conditional upon the surrender of his sons, is considered a crime that is punishable by the law according to Article 262 of the Palestinian Penal Code. It is also a violation of his dignity and personal freedom that are constitutionally guaranteed. The Palestinian Basic Law ensures the right to freedom in accordance with Article 11, Paragraph 2, which stipulates that, “No one shall be arrested, searched, detained or have his freedom restricted by whatsoever restriction, or his movement restricted unless by a judicial order in accordance with the law […]”
Therefore, PCHR:
