Ref: 02/2010
The
Palestinian Center for Human Rights (PCHR) condemns measures taken by the security
services in Gaza against activists of Fatah Movement in the Gaza Strip to
prevent them from commemorating the 45th anniversary of the
establishment on the movement on the 1st of January. Security services in Gaza arrested dozens of
activists of Fatah movement during the last week of December 2009. A number of detainees were violently beaten
and were subjected to inhuman and degrading treatment. Security services also prevented private
celebrations in closed places, took down flags of Fatah Movement from houses
and summoned a number of people who flamed candles. The most serious of such violations was the
death of Nazira al-Swairki, from Gaza City, when she was being transported in a
police vehicle to a detention center.
According
top investigations conducted by PCHR:
On
30 December 2009, members of security services wearing civilian clothes – some
of whom were armed – stormed the campus of al-Azhar University in Gaza
City. They confiscated kefiyehs
(mufflers) and mobile phones from a number of students. Dr. Riad al-‘Eila, Dean of Students’ Affairs,
and Dr. Jaber al-Da’our, Deputy President of the University, intervened to in
an attempt to persuade security officers to such attacks, but the security
officers moved towards the campus of female students to storm it. When Dr. al-‘Eila intervened again, a
security officer insulted and slapped him on the face.
On
31 December 2009, an activist of Fatah Movemnt was arrested,[1]
beaten and subjected to inhuman and degrading treatment. After he had been released, he stated to PCHR
that:
“On 31 December 2009, the police arrived at my home and arrested me
accusing me of possession of flags of Fatah Movement. They took me to a police station in al-Shati
refugee camp. When I arrived there, they
covered my head, and a police officer hit me on my head. When I resisted him, many police officers
kicked me and violently beat me using sticks and gun butts until I
fainted. I woke up when they sprinkled
cold water over my body. They then took
me to an interrogation room, where they ordered me to take off my upper
clothes. They questioned me about the
possession of flags of Fatah Movement. They violently beat me on the feet and thighs. The interrogation and beating lasted for an
hour, after which they tied me and beat me again. At midnight, they took me to al-Nazara (a
fenced space area that is used as a detention place). They detained me there naked although the
weather was so cold. On the following
day, I was subjected to several rounds of interrogation about the same
issue. The interrogation continued until
midnight, after which they forced me to sign a pledge not to participate in
activities of Fatah Movement, to comply to decisions of the government in Gaza
and to abstain from violating order, otherwise I would pay a fine of 3,000 NIS. They then released me.”
On
01 January 2010, Nazira Jaddou’ al-Swairki, 56, from al-Tuffah neighborhood in
Gaza City, died when the Palestinian police arrested and beat her and two of
her sons. ‘Aamer al-Swairki, the
victim’s son who was detained with her, stated to PCHR that his mother suffered
from suffocation and wanted him and his brother Mohammed, who were with her in
a police vehicle, to take her to the hospital, but the police officers did not
respond to her appeals and continued to drive to al-Tufah Police Station. She
began to lose consciousness. Then the
policemen took her to al-Shifa Hospital in the jeep. Her condition continued to
deteriorate until she died before arriving at the hospital.[2]
On
02 January 2010, the police investigation bureau summoned a number of students
from Hayel ‘Abdul Hamid Secondary School[3] in
Beit Hanoun town in the northern Gaza Strip. The students, aged 16, were interrogated about the distribution of a
statement of Fatah Movement at school. During the interrogation, they were violently beaten. One of the students sustained a fracture to
the right hand and bruises throughout the body, and another one sustained
bruises throughout the body.
On
04 January 2010, the Union of Palestinian Women organized a celebration to commemorate
the launching of the Palestinian revolution in al-Sammak restaurant at Gaza
beach. Four members of the Internal
Security Services wearing civilian clothes entered the restaurant and called
for stopping the celebration, but the women refused. The security officers remained inside the
restaurant until the end of the celebration. They then arrested the director of the restaurant, Mo’in Abu
al-Khair. He was taken to Ansar security
compound, where he questioned about hosting the celebration. They released him in the evening after
confiscating his identity card and mobile phone. They also forced him to sign a pledge not to
host celebrations in his restaurant without permission of competent
authorities.
On
03 January 2010, the spokesman of the Ministry of Interior, Eihab al-Ghussain,
stated that the Ministry did not prevent any local activities in the Gaza Strip
related to the 45th anniversary of the establishment of Fatah
Movement.
In
light of the above:
1) PCHR condemns measures
attacks by security services to prevent any activities or celebration for the
anniversary of the establishment of Fatah Movement and calls for holding those
who were responsible for such measures and attacks accountable.
2) PCHR stresses the
right to freedom of opinion and expression and the right to peaceful assembly
are ensured under the Palestinian Basic Law and international human rights
instruments.
3) PCHR stresses that
torture is prohibited under Palestinian law, constitutes a jus cogens (pre-emptory)
norm of international law, and constitutes a serious violation of international
human rights instruments, particularly the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment of 2009. There is not statute of limitations for the crime of
torture.
4) PCHR calls upon the
government and security services in Gaza to stop such measures and attacks and
to ensure their non-recurrence.
