Ref: 141/2007

PCHR calls for investigation into the death of an old man whose body was found yesterday in Bani Suhaila village, east of Khan Yunis. PCHR is concerned that his death might have resulted from having been subjected to torture during his detention by militants thought to be of the ‘Izziddin al-Qassam Brigades of Hamas.

According to investigations conducted by PCHR, on Saturday afternoon, 20 October 2007, residents of the Fsaifes area in Bani Suhila village, east of Khan Yunis, found the body of ‘Abed Mahmoud Abu Rjaila, 65, in their area. The body was evacuated to Nasser Hospital in Khan Yunis and from there to Shifa Hospital in Gaza City.

According to the victim’s nephew, Nash’at Mohammed Abu Rjaila, 20, he and his cousin, 39-year-old Jaber, were on a tract of agricultural land belonging to the family in the east of Khuza’a village. A quarrel erupted between them and members of the al-Najjar clan. Soon after, 5 members of the al-Najjar clan, who are also members of the ‘Izziddin al-Qassam Brigades of Hamas, intervened and took Mahmoud Abu Rjaila in their vehicle to an aunknown destination. They then came back to the area and abducted Nash’at. They took him to al-Tawhid Mosque in Khuza’a village, where he saw his uncle (Mahmoud Abu Rjaila) detained there. He was then released, while his uncle remained in custody. The old man’s body was found on the next day in Fsaifes area. PCHR staff members who saw the victim’s body at Shifa Hospital reported that he had been subjected to torture, as bruises and burns were seen throughout the body and a deep injury was noticed below the left eye.

The spokesman of the interior department, Eihab al-Ghusain, told PCHR staff members in a phone call that the department was informed about finding Abu Rjaila ‘s body and that an investigation into the crime was opened.

In light of the above:

1)      PCHR calls for an investigation into Abu Rjaila’s death, condemns illegal arrests by the ‘Izziddin al-Qassam Brigades and stresses that the brigades are not a law enforcement body that is entitled to arrest people.

2)      Reminds that torture is outlawed by Palestinian Law, and is a serious human rights violation under international human rights instruments, especially the Convention against Torture and Other Forms of Cruel, Inhumane, or Degrading Treatment (1984).

3.   Stresses that arrests under the Palestinian Law are the mandate of judicial warranty officials represented by the civilian police, working under the instruction and supervision of the Attorney-General.