Ref: 11/2013
Date: 10 February 2013
Time: 13:00 GMT

The Palestinian Centre for Human Rights (PCHR) calls upon the Attorney General in Gaza to conduct an investigation into the circumstances of the death of Mahrous Fat’hi Nassar, who was being held in Sheikh Radwan detention facility, in the north of Gaza City, prior to his death.

According to investigations conducted by PCHR, at approximately 02:00 on Friday, 08 February 2013, Mahrous Fat’hi Nassar, 36, from Sheikh Radwan neighbourhood in the north of Gaza City, was pronounced dead by medics in Shifa Hospital in Gaza City. The cause of death was listed on the death certificate, which was received by PCHR, as a meningococcal infection of the central nervous system.

Prior to his death, Nassar was being detained at Sheikh Radwan detention facility. Nassar was arrested from his house at approximately 21:30 on Tuesday, 29 January 2013 by the Palestinian police. His brother, Abdul Qader Nassar, informed a PCHR fieldworker that, at the time of his death, Mahrous was being detained for a period of 15 days while legal procedures against him were underway. Abdul Qader stated that the family had received a phone call at approximately 21:30 on Thursday, 07 February 2013, informing them that Mahrous had been admitted to the Internal Medicine Department of Shifa Hospital in Gaza City.

Abdul Qader immediately went to the hospital where his brother was receiving medical treatment under the supervision of two police officers. The doctor advised Abdul Qader that Mahrous was suffering from meningitis and had been transferred to the Intensive Care Unit (ICU) due to the seriousness of his condition. The doctors informed Abdul Qader of the death of his brother at approximately 02:00 on Friday.

The Ministry of Interior in Gaza issued a press release on its website on Friday, 08 February 2013, stating that:

“Mr Ibrahim Salah, Director of Public Relations and Media in the Ministry, stated that Nassar suffered from vomiting and fever, so he was transported to Shifa hospital last night at 22:00. He was admitted into the Internal Medicine Department and then to the ICU. Salah stressed that the causes of death were meningitis and immunodeficiency, explaining that the diseased was not suffering from any health problem when the doctors conducted medical examination for the detainees last Thursday.”

This statement was confirmed to PCHR by Major Ayman al-Batniji, spokesperson of the Palestinian police. Al-Batniji added that the prisoner had contracted the infection while in the custody of the prison authorities. He stated that policemen and detainees at Sheikh Radwan detention facility had been medically examined at Balsam Military Hospital following the incident, to ensure that the infection had not been spread further.

PCHR calls on the Attorney General to conduct a thorough investigation into all of the circumstances surrounding Nassar’s death. The investigation should, at a minimum, ascertain whether the patient had displayed symptoms earlier in the day, whether the patient’s transfer to hospital was subject to undue delay, what diagnosis was made by doctors following the patient’s admission to hospital, what treatment the patient received, and what the final cause of death was.

PCHR also calls for an investigation to determine whether the prison authorities failed in their duty of care towards Mahrous Fat’hi Nassar. Articles 13, 14 and 15 of the Law of Reform and Rehabilitation Centres 6/1998 oblige the Ministry of Interior to medically examine each detainee before he is detained in reform and rehabilitation centres and to conduct periodic medical examinations on detainees. Moreover, this law requires the immediate transfer of any person requiring medical care to a clinic or hospital without delay.

Therefore, PCHR:

1. Calls upon the Attorney General in Gaza to open an investigation into the circumstances of Mahrous Fat’hi Nassar’s death, to determine whether he received the appropriate treatment for his condition, to ascertain the final cause of death, and to publish the results of the investigation;
2. Calls upon the Ministry of Interior to adhere to Palestinian law in relation to the treatment of prisoners and detainees, and to put in place strict measures for the conduct of regular medical examinations on detainees who are being held in reform, rehabilitation and detention centres. Additionally, measures should be in place which ensure the immediate transfer of any person requiring medical care to a clinic or hospital without delay;
3. Emphasises that the Palestinian Authority hold the ultimate responsibility for the wellbeing of prisoners and detainees, and thus, they are responsible for ensuring that prisoners and detainees are treated in a way that maintains their dignity, including through the provision of adequate health care services, in accordance with the Law of Reform and Rehabilitation Centres of 1998; and
4. Stresses that it is the right of the detainee’s family to file a case for compensation in the event that it is proved that the medical doctors were negligent in the treatment of the patient and/or that the prison authorities failed in their duty of care to Mahrous Fat’hi Nassar.