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Ref: 34/2005

Date: 10 February 2005

Time: 11:00 GMT   

PCHR Condemns an Attack by Armed Persons at Gaza Central Prison, Which Has Left 3 Prisoners Dead and Calls upon the PNA to Assume Its Responsibilities to Ensure Respect for Human Rights

PCHR strongly condemns an attack by a number of armed persons early Thursday morning against Gaza Central Prison, which left 2 prisoners dead and a number of members of the police injured.  The attackers also kidnapped a third prisoner to the central Gaza Strip and tortured and killed him. PCHR believes that such attacks reflect a determination by some people to undermine the rule of law and preserve the misuse of weapons and taking the law into their own hands. They also strongly indicate the failure of the Palestinian National Authority (PNA) and law enforcement officials to meet their obligations to protect prisoners, especially as this attack was the third of its kind in 6 months. 

According to preliminary investigations conducted by PCHR, at approximately 05:00 on Thursday, 10 February 2005, a number of armed persons broke into Gaza Central Prison inside the Palestinian security compound known as Saraya in the center of Gaza City.  They were able to overcome the guards of the prison as they opened fire intensively and threw a number of hand grenades.  Then, they moved to the rooms of the prison and killed 2 prisoners: Tha’er Jouda, 35; and Jihad al-Masar’ei, 30. The two had been detained for accusations of committing 2 murders.  The attackers also kidnapped a third prisoner, 26-year-old Hussein Sliman Abu Yousef, who was also accused of committing a murder, and took him to the central Gaza Strip, where they shot him dead.  The victim was apparently subject to torture as there were signs of torture and some fractures on his body. 

As a result of the gunfire and the exchange of fire inside the prison, 5 members of the Palestinian police were lightly injured.  PCHR learnt that the police were able to capture 7 of the attackers after having surrounded them inside Saraya. 

The PNA is responsible for the ultimate security of persons in its custody, especially those whose lives are threatened because they are convicted of murders or other crimes.  PCHR notices an unjustifiable failure by the PNA and law enforcement officials to provide protection for prisoners.  In this context, PCHR refers to a number of similar attacks in the past 3 years.  At approximately 05:00 on 2 August 2004, an unknown person threw 2 hand grenades inside a room in Gaza Central Prison, where 7 security prisoners held for collaborating with Israeli occupying forces, were detained.  Five of these prisoners were sentenced to death by the Palestinian State Security Court in 2002.  The seven prisoners were all injured.  They were evacuated to Shifa Hospital in Gaza City.  Later on the same day, 2 armed groups broke into Shifa Hospital and killed 2 of the injured prisoners, while a third prisoner died from his injury.  At approximately 05:00 on 1 October 2004, a number of armed persons disguised in police uniform entered the central prison of the Palestinian police in Nablus.  They broke into one of the rooms in the prison and shot dead 2 prisoners and seriously injured a guard.[1] 

In the same context, on 28 December 2003, a young man, wearing a Palestinian Authority police uniform, entered the visitation place at Gaza Central Prison during visiting hours.  The man shot dead ‘Awni Abu Es’ayed with a handgun.  On 6 July 2003, a number of unknown persons broke into Ramllah district court and killed Kayed Abu Shelbaya who was being trialed for a criminal offence.  On 5 February 2002, a number of armed persons broke into the state security court in Jenin and shot dead 3 persons who had been convicted of murders and collaboration with Israel.  On 14 July 2002, a number of armed persons broke into the state security court in Khan Yunis and killed a person who was being trialed for collaboration with Israel.   

It seems that the PNA has not perceived the lessons from such incidents and prisoners in its custody have been subject to threats.  In light of this, PCHR: 

1)            Strongly condemns all attempts to undermine the role of the law and taking the law in ones’ own hands away from official and legal frameworks, and calls upon the PNA to take serious measures to confront such attempts in the context of respect for human rights.

2)            Calls for an investigation into this latest attack and calls for the perpetrators to be brought to justice, and holding the prison demonstration and law enforcement officials accountable for any possible failure.

3)            Reiterates its call for the PNA to assume its responsibilities and take necessary measures to ensure the non-recurrence of such attacks in the future. 

4)            Calls for putting all prisons under the authority of the judiciary and activating judicial observation over them.

“END”

Public Document

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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org