Ref:
13/2008 

The
Palestinian Centre for Human rights (PCHR) calls for an independent
investigation into the death of 44 year old Majd al-Barghouthi, who died on
Friday 22 February, while in illegal detention, administered by the General
Intelligence Service (GIS) of the Palestinian Authority in Ramallah. There is
evidence that prior to his death Majd al-Barghouthi was subjected to torture
and ill-treatment, and might also have been a victim of medical negligence
during his detention.

According
to investigations conducted by PCHR, at approximately 17:30 on Thursday, 14
February, two civilian vehicles with Palestinian registration plates moved into
Koubar village, northwest of Ramallah. When Sheikh Majd ‘Abdul ‘Aziz Mustafa
al-Barghouthi, emerged from the local mosque, he was confronted by four masked
persons. Al-Bargouthi called for help, at which point a man got out of one of
the vehicles and introduced himself as an officer of the Palestinian GIS. He
claimed he had a warrant to arrest al-Barghouthi, who was immediately
transferred to the GIS Headquarters in the north of al-Bireh for interrogation.
During his detention, Majd al-Bargouthi was denied visitors.

On the
evening of Friday, 22 February, Majd al-Barghouthi’s body was transferred to Khaled
Hospital in Ramallah. The Palestinian Attorney General ordered an autopsy to be
performed at the forensic medicine institute in Abu Dis. According to the forensic
report – a copy of which has been obtained by PCHR – “the cause of death was
the inflation and subsequent failure of the heart. Having inflated to a size
above normal, the heart failed, and under these circumstances, death is often
sudden.”

However,
in an affidavit given to PCHR, a Palestinian who had been detained by the GIS at
the same time as Majd al-Barghouthi alleged that al-Barghouthi was violently
beaten whilst in detention. The detainee claimed he recognized al-Bargouthi’s
voice calling for help from an interrogation room opposite his own cell. He
also alleged that he could hear al-Bargouthi being interrogated about his
relationship with the Executive Force of the Palestinian Ministry of Interior
in the dismissed government in the Gaza Strip.

The
detainee further alleged he could see al-Barghouthi through a hole in the wall
of his cell, and that al-Barghouthi was handcuffed by an iron chain which was connected
to the top of the window pane, suspending his body above the ground. On the
third day of al-Bargouthi’s detention, the detainee said he heard an
interrogator asking

Al-Barghouthi
if he was vomiting before moving him to another cell.

The detainee
indicated that al-Barghouthi was beaten about the abdomen during the early
stages of his detention, and said he was screaming. The detainee also alleged
that he was personally tortured whilst in detention. The PCHR field worker saw
marks on al-Bargouthi’s hands that were consistent with being chained and suspended
for a lengthy period.  

The detainee
eyewitness stated:

“… At
approximately 08:30 on Thursday, 21 February, an officer came and asked Sheikh
Majd al-Barghouthi to eat, and to drink water and juice, but he [Al-Barghouthi]
vomited. I then heard the cell door being opened. Through a small hole in the
wall, I saw the officer pulling Sheikh al-Barghouthi, with his hands under the
Sheikh’s shoulders. When the officer asked him to stand up, Al-Bargouthi replied
that he could not stand anymore. In the afternoon, he was taken to the balcony,
and I could hear him groaning until 08:30 on Friday morning (22 February). He
then became silent.”

Al-Barghouthi
was married with eight children. He was the Imam of the Koubar village mosque.
His family denies that he was suffering from any of the symptoms identified in
the autopsy report as causing his death.

Based
on the investigations it has conducted, PCHR asserts the following:

1) PCHR has
obtained evidence – the eyewitness’ affidavit, photographs of the victim’s body
and the indications in the autopsy report that “there were acute abrasions on
the forehands, and his thighs and knees were discolored” – which indicates al-Barghouthi,
was subjected to torture and ill-treatment during his detention by the GIS of
the Palestinian government in Ramallah.

2) According to
the autopsy, the cause if death was a serious and chronic heart ailment.
However, the GIS did not call a doctor to attend to al-Barghouthi which was
their legal responsibility. If the GIS had called a doctor whilst continuing to
detain al-Bargouthi, it would still in both cases be legally responsible for
his wellbeing and subsequent death.

3) During his
detention, al-Bargouthi was denied access to legal council and to his family.
His brother stated that his family attempted to visit al-Bargouthi at the GIS
Headquarters, but were denied access.  

4) Torture is
prohibited under Palestinian law, and constitutes a serious violation of
international human rights standards and instruments, especially the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment of 1984. PCHR asserts crimes of
torture must always be pursued, and the perpetrators always brought to justice.

In
light of the above, PCHR calls for:

1) The establishment
of an independent enquiry into the cause of the death of Majd al-Barghouthi. If
any persons are proved to have been involved in subjecting Majd al-Bargouthi torture
or medical negligence, PCHR calls for their rigorous prosecution, and the
rigorous prosecution of their superior officials.

2) Verification of
the legality of the procedures used to arrest and detain Majd

 Al-Barghouthi.

3) An immediate
and complete halt to political arrests in the OPT.  

4) Immediate
visits by the Attorney General and judges to official detention centers, in
order to verify the legality of procedures adopted in arrests and detentions;
and for all unofficial detention centers to be immediately and permanently
closed.