Ref: 174/2003

 PCHR
strongly condemns a murder that took place on Sunday morning, 28 December 2003,
at Gaza Central Prison in the Gaza Strip. An armed young man disguised as a
policeman entered the prison during visiting hours and shot ‘Awni Mohammed Abu
Es’ayed, 29, from Nusseirat refugee camp in the central Gaza Strip.  Abu
Es’ayed was in prison awaiting execution for the criminal offence of
murder.  PCHR condemns any attempt by Palestinian individuals to
circumvent the rule of law, and calls for a full and impartial investigation
into this crime.  The blatant nature of the murder suggests that an inquiry
is necessary to determine whether law enforcement officials failed to fulfill
their duties under the Palestinian National Authority’s Law of Rehabilitation
Centers- Prisons (Law 6 of 1998). 

 According
to PCHR’s investigations, at approximately 10:30 on Sunday, 28 December 2003, a
young man, wearing a Palestinian Authority police uniform, entered the
visitation place at Gaza Central Prison (Saraya) during visiting
hours.  The man shot Abu Es’ayed with a handgun, hitting him with 3
gunshots in the head, the chest and the thigh.  The assailant immediately
surrendered to prison police and was identified as Ahmed Safi, 30, the brother
of Saleh Mohammed Safi, who was killed on 19 October 2002.  Abu Es’ayed
was convicted by the State Security Court of killing Safi last year and was
sentenced to death by firing squad.  His execution was awaiting
ratification by Palestinian President Yassir Arafat. 

 PCHR
calls for a full and impartial investigation into the murder of ‘Awni Mohammed
Abu Es’ayed.  Of central importance in this investigation must be the
question of how the murderer was able to access a security facility and kill a
prisoner under the custody of the Palestinian National Authority.  The
Palestinian Authority is responsible for the ultimate security of persons in
its custody pursuant to article 7, Law 6 of 1998 (The Law of Rehabilitation
Centers – Prisons) which states that “individuals in any rehabilitation center
are in security detention under the authority of the director of the center. .
.”  PCHR insists that the investigation take account of Law 6 of 1998
in its entirety, while paying special attention to the provisions of article 7.

 Those
who are found responsible for the security failure should be reprimanded by the
Palestinian Authority and the security procedures of the facility should be
submitted to further review.  In addition, as Abu Es’ayed was sentenced to
death, there should be due consideration given to article 59, Law 6 of
1998.  According to article 59, “an individual who is sentenced to death
must be isolated from other prisoners, put under permanent observation and
never be visited unless the director of the rehabilitation center issue a
written permit for such visitation.”

 PCHR
further notes that this is not the first time an individual has been attacked
while in the custody of the Palestinian Authority.  A similar crime was
committed in the West Bank city of Jenin in May, 2002.  In that instance,
a number of gunmen attacked a session of the State Security Court and shot dead
3 individuals after they were convicted of murder.  PCHR is unaware of any
Palestinian Authority investigation into these murders.  The murder of
‘Awni Mohammed Abu Es’ayed must be handled more responsibly.  PCHR calls
for a full and impartial investigation into the event and maintains that those
found responsible of permitting the security breach at Gaza Central Prison
should be brought to justice.