August 6, 2009
PCHR Calls for Investigation into Death of Palestinian Held in Custody by the Preventive Security Service in Hebron
PCHR Calls for Investigation into Death of Palestinian Held in Custody by the Preventive Security Service in Hebron

Ref: 94/2009

Date: 06 August 2009

Time: 11:00 GMT

 

PCHR Calls for Investigation into Death of Palestinian Held in Custody by the Preventive Security Service in Hebron

The Palestinian Center for Human Right (PCHR) calls upon the Attorney General to investigate the death of Kamal ‘Aamer Abu Tua’ima, 44, whose health conditions deteriorated after allegedly being subjected to torture while in the custody of the Palestinian Preventive Security Service (PSS) in Hebron. Abu Tua’ima’s continued detention was in violation of a High Court Ruling that ordered his release.  PCHR note that the PSS is under a legal obligation to protect the lives and safety of detainees in all circumstances. 

 

According to investigations conducted by PCHR, the PSS arrested Kamal ‘Aamer ‘Abdullah Abu Tu’aima, 44, a member of Hamas from al-Fawar refugee camp south of Hebron, on 15 September 2008.  He was interrogated in the headquarters of the PSS.  While in custody, he was denied family visitation for 48 days, during which time it is alleged that he was beaten and tortured.  Later in 2008, Abu Tu’aima was transferred to al-Zahiriya Prison, south of Hebron, where he served two months of imprisonment, before he was taken back to the headquarters of the PSS, where he was interrogated again.  When members of his family were able to visit him, he told them that he had been tortured. 

 

The family filed a petition at the Palestinian High Court of Justice demanding his release, and the Court ordered his immediate release on 02 November 2008.  However, the PSS did not abide with the ruling of the Court.  During his detention, Abu Tu’aima suffered from a brain clot, which caused disabilities in the mouth, the right hand and leg, speaking and hearing.  He was transferred to a hospital in Hebron. 

 

On 31 May 2009, a PSS officer phoned Abu Tu’aima’s family and informed them of a decision to release him from the hospital, and he was taken home on the same day.  However, his health condition deteriorated, and his family was forced to take him back to the hospital.  Doctors decided to transfer him abroad to receive advanced medical treatment.  On 30 June 2009, he was transferred to a Jordanian hospital, where he was admitted into the intensive care unit.  On 20 July 2009, he underwent surgery, but his health conditions continued to deteriorate.  At approximately 15:30 on Tuesday, 04 August 2009, he died. 

 

In light of the above:

 

1)      PCHR calls upon the Attorney General in Ramallah to investigate Abu Tu’aima’s case, to publish the results of investigation, and if a crime is proved to have been committed, to bring the perpetrators to justice.

2)      PCHR reminds that torture is prohibited under the Palestinian Law and constitutes a serious violation of international human rights standards, especially the Convention against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment.  PCHR stresses that crimes of torture remain punishable at all times.

3)      PCHR affirms that all forms of detention under the Palestinian Law are the mandate of judicial warranty bodies, represented by the civil police, working under instruction and supervision of the Attorney-General. 

4)      PCHR calls upon the Ministry of Interior in Ramallah to obligate the PSS and other security services to abide to the Palestinian High Court rulings.