Ref: 117/2007
Date: 05 September 2007
Time: 12:30 GMT
PCHR Calls for Investigating Crimes of Torture by the Executive Force
PCHR has received tens of new affidavits on the torture, beating, and inhumane and degrading treatment of dozens of Palestinians during detention by the Executive Force. PCHR condemns these illegal acts and calls for prosecuting their perpetrators, and to work to ensure that legal measures are respected with regards to torture.
Over the past few days, the Centre has monitored additional cases of torture in the Gaza Strip, and the detention of tens of civilians, most of them Fatah activists and security officers. The statements of the detainees after their release indicate that they were subjected to torture, including several forms of beating, and treated in an inhumane and degrading manner. PCHR’s fieldworkers stated that signs of torture were clearly visible on the bodies of the released detainees. These acts are a violation of Palestinian Law that prohibits torture. In addition, international standards and conventions, especially the UN Convention against Torture, prohibit torture as well. Despite declarations by the Hamas political leadership that they respect human rights, the phenomena of torture continues. Below are some examples of detention and torture:
Detentions in Nuseirat refugee camp:
At approximately 9:30 on Wednesday, 29 August 2007, members of the Executive Force went to Bloc 5 of Nuseirat refugee camp to detain Ala Mohammad Hasan Ayyad (23), who works in the Presidential Guard. Ala refused to heed to arrest order, and threw stones at the Force from inside his house. They responded by gunfire. Several people gathered and started to throw rocks at the Force, which withdrew from the area. At approximately 13:30, the Force came back to arrest Ayyad, and he surrendered. In addition, the Force attested Husam El-Anani (27) and Mohammad Helwa (23) for throwing stones at the Force. At approximately 16:30, the Force entered the refugee camp to arrest Bassam El-Anani (37), the Fatah Secretary-General in the area. However, people gathered and prevented the arrest. The Force called for reinforcements and surrounded Bloc 5 at 1:00 on Thursday, 30 August. The Force raided several houses and arrested 22 persons suspected of throwing stones at the Force. Most of the detainees were Fatah activists. The arrests were accompanied by severe beating of the detainees.
The Executive Force released most of the detainees after forcing them to sign a commitment letter not to participate in Fatah demonstrations under the penalty of a financial fee. PCHR’s preliminary investigation and the statements of detainees indicate that they were subjected to severe beating during transport to the detention center and during interrogation. Signs of torture were seen on the bodies of the detainees.
One of the detainees, Ahmad Mohammad El-Atrash (20), stated that members of the Executive Force took him to the Police Station in the Central Gaza Strip near Nuseirat refugee camp, and severely beat him with sticks. He said that he was interrogated and tortured by beating on the bottom of the feet. He added that members of the Force made him lie on a bed and tied his legs. One of them sat on his knees and beat him on the stomach and crotch, another beat his face and ears, and others beat his legs with plastic hoses. At approximately 17:00 on Friday, 31 August, he was released after signing a commitment not to defame the Executive Force under penalty of a $1,000 fine.
Another detainee, Ala Mohammad Ayyad (23), stated the members of the Executive Force detained him after he surrendered. They took him to the Police Station in the Central Gaza Strip near Nuseirat refugee camp, and interrogated him. He was severely beaten on the bottom of the feet. Ayyad added the he was transferred to Gaza Central Prison, where he was beaten as well. He was released on the afternoon of Friday, 31 August, after signing a commitment not to participate in Fatah demonstrations or to defame Hamas under penalty of $1,000.
Mohammad Mohammad Helwa (23), who is a policeman, informed PCHR’s fieldworker that he was detained from in front of his house in Nuseirat refugee camp. He was taken to the Police Station in the Central Gaza Strip near Nuseirat refugee camp, and then to the National Security Forces Compound at the entrance of El-Maghazi refugee camp. He stated that his eyes were blindfolded and his hands tied to a metal pole. Then he was beaten on his back by a coiled wire. He stated that the beating on the back continued despite complaining that he suffered from pain in the back. He added that he was beaten on the bottom of his feet, and dragged on the floor and put in a cell with other prisoners detained on the same charges. He stated that Hamas PLC member Dr. Abd El-Rahman El-Jamal visited the cell and saw the beating marks on his back. Helwa was released in the evening of Friday, 31 August, after signing a commitment not to attack the Executive Force under penalty of $1,000.
Detentions in the Northern Gaza Strip:
On 31 August 2007, the Executive Force detained 18 Fatah supporters in the northern Gaza Strip after sending them summoning notices to present themselves to the Force compound in El-T’wan area. The detentions were based on the activists’ participation in the demonstration that followed Friday Prayers in Kateeba area in Gaza City and subsequent clashes with the Executive Force. PCHR’s preliminary investigation and released detainees’ statements indicate that they were subjected to severe beating and torture by the Executive Force. Signs of torture were seen on the bodies of the detainees.
Mamdouh Izzat Abu Rokba (18) from Jabalia refugee camp stated that the Executive Force detained him near his house and took him to the Jabalia police station. A plastic bag was placed over his head; and he was severely beaten. Then he was taken to the Beit Lahia police station, where he was held in a room crowded with prisoners. Then he was placed in a cell with other prisoners. The prisoners were released in the evening of the same day after signing a commitment letter. He could not read the letter since there was no lighting in the place.
Wa’el Ismail Abu Zeid (34) from Jabalia refugee camp informed PCHR’s fieldworker that he was handcuffed and his eyes were blindfolded upon arrival at the Jabalia police station. He was placed in a holding cell with another 6 prisoners. He was then taken to the Twam Executive Force compound, where he was ordered to sit like a dog. When he refused, Force members beat him severely. They tied his hands and legs. One Force member raised Abu Zeid’s hands and legs and another dragged him on the back, causing severe pain in the back. He added that another Force member beat him with a whip on his feet and fingernails. He added that the Executive Force released all prisoners except him the next day. His head was shaved and they continued to torture him till his health condition deteriorated. They were forced to take him to a hospital. He was released the following day after signing a commitment letter not to participate in Fatah demonstrations, incite against Hamas, or possess weapons.
Hilal Yusef El-Fasis (38) from Jabalia refugee camp is a member of the Fatah leadership in the Hatem El-Sisi area. He informed PCHR that he was detained in the evening of 31 August 2007 from his house. He was taken to the Jabalia police station, where he was placed in a cell after blindfolding and handcuffing him. He was taken with other prisoners to the Twam Executive Force Compound, where he was interrogated on Fatah activities, and was beaten.
Other Detentions:
Other that the detentions in the Nuseirat refugee camp and northern Gaza Strip, several Fatah activists and security officers were beaten and tortured by the Executive Force in El-Maghaza and El-Bureij refugee camps, Rafah, and Gaza City.
On 30 August, the Executive Force detained 3 people from El-Maghazi refugee camp, and held them in the Force compound at the entrance of the camp. They were released on Saturday, 1 September. Sami Mohammad El-Haj (27) stated that members of the Force punched him and cursed him. They made him sit on a chair and tied his hands behind the chair. They beat him on his feet by a coiled rope and poured water on them. The beating continued for 25 minutes. He added that he was forced to jump while pouring water under him. He was forced to sign a commitment letter not to attack public property, incite during parties, or defame politicians under punishment of 6 months in prison.
In Rafah, two Fatah activists, one of them a security officer, were tortured in Executive Force compounds. Signs of torture were visible on the bodies of the two activists.
M.M. from Rafah informed PCHR’s fieldworker that the Executive Force detained him for participating in the demonstration that followed Friday Prayers in Rafah and the subsequent clashes with the Executive Force. He stated that they forced him to lie on his back and put his legs through the back of a chair. One Force member sat on his chest; then others started beating him with a coiled rope all over his body. He added that they forced him to jump on spilt water on the floor, and then resumed beating him on his feet. He was released in the morning of Sunday, 2 September, after signing a commitment to respect law and order.
Hisham Ramadan El-Ojob (42) who is a Preventive Security officer, stated that the Executive Force detained him on 28 August inside a bookshop in Rafah. He was taken to the police station and interrogated about a leaflet issued and signed by “Samih El-Madhoun Groups.” He said that his hands were tied behind his back; and that he was severely beaten for 3 hours all over his body. He was hanged by his hands to the cell ceiling, and nearly suffocated. He added that the interrogation resumed over his work in the Preventive Security over the past few years, during which he was severely beaten on his feet. He added that the Executive Force tried to trick him into believing that he was transferred to El-Mashtal Prison in Gaza. He was subjected to intimidation and terror techniques. One interrogator threatened to kill him and put a gun to his head. Another threatened to shoot him in the knees. He was released on Thursday evening, 30 August, after signing 2 commitment letters. The first obliging him not to photocopy or print illegal leaflets; and the second ordering him to present himself toe the Criminal Investigation Compound daily from 9:00 – 15:00, or depending upon request.
In El-Bureij refugee camp, a member of the Preventive Security was beaten by the Executive Force. Mo’min Sobhi Awad (20) stated that he surrendered himself to the Executive Force on 23 August after failing to comply with two earlier summons dated 18 and 19 August. He said that, as soon as he entered the Executive Force compound, his hands and legs were tied and eyes blindfolded. He was interrogated on the formation of armed cells and activities related to the Preventive Security Apparatus. He stated that he was severely beaten on his feet; and that the interrogators beat him with their hands. He was released after 3 hours after signing a commitment not to participate in any demonstrations or marches.
In Gaza City, the Executive Force detained 2 Fatah activists from Sheikh Radwan Quarter for participating in the demonstration organized by Fatah after Friday Prayers last Friday and the subsequent clashes with the Executive Force. After their release, the prisoners stated that they were tortured and forced to sign commitments not to participate in activities against Hamas.
Emad Amir El-Bardawil (21) stated that he surrendered to the Executive Force after they delivered a summoning notice to his family. He stated that Force members severely beat him as soon as he entered their compound. He could not stand from the severity of the beating. He added that the Force interrogated him about his participation in the Friday demonstration and on his relation to the clashes of last June. He stated that he was severely beaten and threatened by death. He was released after signing a commitment that he was not allowed to read.
Ahmad Jihad Zoghbor (21) stated that the Executive Force detained him and 2 others from the street. They were taken to the Beach Camp Police Station, where they were beaten. He added that he was severely beaten during transport to Gaza Central Prison. He was released after signing a commitment not to participate in Fatah activities under penalty of a 4,000 Jordanian Dinars.
In light of these developments, PCHR:
Strongly condemns the use of torture, and calls for immediately investigating these incidents, prosecuting the perpetrators, and taking effective steps to prevent their recurrence.
Reminds that torture is outlawed by Palestinian Law, and does not fall by seniority; and that torture is a serious violation of human rights and international human rights standards, including the UN Convention against Torture.
Affirms that arrests are regulated by Palestinian Law and are the authority of law-enforcement parties, represented by the civilian police under orders and supervision of the Attorney-General.
