July 6, 2000
Detainee Held Without Charges and Denied Access to Lawyer for Over One Month
Detainee Held Without Charges and Denied Access to Lawyer for Over One Month

 

July 6, 2000‏

URGENT ACTION ALERT

 

Detainee Held Without Charges and Denied Access to Lawyer for Over One Month

PCHR calls on human rights activists to express their deep concern for detainee, Nabil Abu Oukel from Jabalyia, Gaza Strip, who has been detained in Israel and denied any visits from either his lawyer or family for over one month. Even though no charges have been brought against him, an Israeli court extended his detention on July 3 for a second time without providing any justification or reasoning for the ruling. In violation of international law, Israeli authorities have refused repeated requests by PCHR and Israeli human rights lawyers to meet with Nabil Abu Oukel. PCHR and Israeli human rights lawyers have already appealed four times to the Israeli High Court with no success. In light of recent statements by Israeli government officials expressing continued support for the use of torture against Palestinian detainees, PCHR is especially concerned for the well being of Nabil Abu Oukel.

Israeli Occupation Forces arrested Nabil Abu Oukel on June 1, 2000 at the Rafah border crossing point. He was traveling to Jordan to seek medical treatment for complications he was experiencing from a bullet wound he sustained from Israeli Occupation Forces in 1994. On June 28, an Israeli court, without the presence of Nabil Abu Oukel, extended his detention for another five days. His lawyer appealed this decision, but on July 3 the court further extended his detention for another fifteen days. Nabil Abu Oukel was, for the first time, brought before a court during these proceedings. Although his lawyer was also present in the room, the judge forbid either to speak to each other.

Even though Nabil Abu Oukel has been detained for over a month, PCHR and his lawyers do not know what charges have been brought against him, what interrogation methods are being used against him, nor whether he is being ill treated.

On September 6, 1999, the Israeli Supreme Court issued a ruling prohibiting the use of torture by the Israeli General Security Services (GSS). The GSS had been systematically employing illegal methods of torture during interrogations of detainees such as shaking, shabeh (which involves hooding and handcuffing the detainee in painful positions for extended periods), sleep deprivation, loud music and frog crouching. Since the Israeli High Court prohibited the use of torture, the number of Palestinian detainees who have been denied access to a lawyer has increased

PCHR is very concerned that detainees are being denied access to their lawyers in an attempt to shield the use of torture against them. An expert meeting on this issue convened by PCHR in April 2000 called upon the State of Israel to immediately improve the conditions of detention, in particular access to legal counsel of choice.

Although torture is one of the few jus cogens violations, Israel has not only tortured thousands of detainees, but now attempts to actually legislate its use. Although the Israeli High Court held that the torture methods used by the General Security Service (GSS) violated both Israeli Basic Law and international law, including the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which Israel is a party, leading government officials have already started plans to bypass the Court ruling and authorize torture. Prime Minister Barak established a commission to examine the subject and “to find a lawful solution to the use of physical force in interrogations of terrorist suspects where there is an immediate security danger”. Deputy State Attorney Rachel Sucar and Attorney General Elyakim Rubinstein support legislation which would give a priori permission to GSS interrogators to use “moderate physical pressure” in certain, rigorously defined cases. Furthermore, Rubinstein has declared repeatedly that he will provide legal protection for GSS torturers.

PCHR once more calls upon the international community to urge that Nabil Abu Oukel be granted access to his lawyer and that all attempts to authorize the use of torture be terminated. Please write to the following individuals:

Prime Minister Ehud Barak

[email protected]

Mr. Sholomo Ben-Ami

Minister of Internal Security

[email protected]

Mr. Nigel Rodley

UN Special Rapporteur On Torture

OHCHR-UNOG

CH 1211 Geneva 10

Switzerland

Fax: +41 22 917 9006

 

Mr. Alessio Bruni

Secretary of the United Nations Committee Against Torture

OHCHR-UNOG

CH 1211 Geneva 10

Switzerland

Fax: +41 22 917 9006

 

Mr. Pierre Sané

Secretary General

Amnesty International

International Secretariat

1 Easton St.

London WC1X 8DJ

United Kingdom

Fax: +44 171 956 1157

[email protected]