July 15, 2002
PCHR condemns the killing of a detainee in custody
PCHR condemns the killing of a detainee in custody

 

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Press Release

 

PCHR condemns the killing of a detainee in custody

 

 

Ref: 95/2002

Date: 15 July 2002

 

PCHR condemns the horrible murder, committed by one or more gunmen, of a Palestinian who was being tried for collaborating with the Israeli occupying forces and assisting them in assassinating a number of Palestinian activists. While PCHR reiterates its call and support for making efforts to prosecute and punish collaborators for the crimes they commit against Palestinians and their property, PCHR emphasizes that it is necessary that such efforts be in accordance with the principles of the rule of law, legal procedures, and international human rights standards. PCHR condemns individuals who arbitrarily give themselves authority to punish and execute collaborators.

 

According to PCHR’s investigation, at approximately 11:00 on Sunday, 14 July 2002, the Palestinian State Security Court was held in the headquarters of the southern command of the Palestinian National Security Court in Khan Yunis to try ‘Abdul Hai Dhiab Sabbaba, 42, of collaborating with Israeli security services and providing them with information that facilitated the assassination of four Hamas activists, including three brothers of the Abu Rizq family, on 24 June 2002.

 

The judiciary included Brigadier ‘Abdel ‘Aziz Wadi as chief, and Lieutenant Colonel Jamal Abu al-Hassan and Major Khaled al-Zaru. Lawyer Jihad al-Agha was appointed for defending the accused. More than 50 persons, including policemen and relatives of the victims witnessed the trial, which was held under strict security measures. The judges heard testimonies from eyewitnesses and an intervention by a representative of the State Security Attorney General, who accused Sabbaba of collaborating with the Israelis and providing an Israeli intelligence officer through a mobile phone with description of the car in which Yasser Abu Rizq was a passenger. Abu Rizq and five other Palestinians, including his two brothers, were assassinated by an Israeli helicopter gunship soon after. According to the representative of the State Security Attorney General, the accusation was based on an eyewitness’ testimony and Sabbaba’s confession during interrogation by the Preventive Security Service. Doctors of Martyr Abu Yousef al-Najjar Hospital in Rafah also testified.

 

The court then heard testimony of the accused, who denied all accusations, responding that he confessed under pressure and threats during interrogation. Chaos ensued in the courtroom as families of the victims became furious at Sabbaba’s denial of the accusations, but the situation was soon controlled and the judges warned all those who were present that anyone misbehaving would be ordered to leave the courtroom.

 

The representative of the State Security Attorney General and the chief judge questioned the accused on his statements. The State Security Attorney General Khaled al-Qedra intervened and questioned the accused on his confession and the mobile phones which were found with him and were presented to the court.

 

At approximately 13:22, the trial was suspended for half an hour for consultation. The accused was escorted to a cell. As people left the court, a heavy blast was heard. All the people left the building and pandemonium ensued. A few minutes later, reports said that Israeli shelling targeted an empty apartment building in al-Rabwat area. However, two Israeli combat helicopters were still flying over the area, which increased the confusion. Approximately half an hour later, a number of gunmen emerged at the scene firing in the air and shouting that Sabbaba was executed.

 

The chief judge Brigadier ‘Abdul ‘Aziz Wadi stated that a gunman had taken advantage of the confusion and fired at the accused in the cell. Wadi considered the incident a mistake which obstructed the trial. However, he did not indicate whether any measures would be taken against the gunman who fired at Sabbaba.

 

While PCHR condemns the killing of Sabbaba while in custody in a security site, it:

 

  1. Calls upon the Palestinian National Authority (PNA) to immediately investigate the incident, bring those found responsible for the killing to justice and take necessary steps toward preventing future violence vigilante action.

  2. Asserts that the chaos that followed the Israeli shelling near the courtroom does exonerate the PNA of its responsibility for protecting a person it detains.

  3. Reiterates its position that collaborators must be pursued and brought to justice in the framework of the rule of law and commitment to appropriate legal procedures and international human right standards.

  4. Reiterates its opposition to the formation of state security courts which lack the minimum standards of fair trials, and calls for the abolition of these courts and allowing the civil judiciary to take its role, especially following the ratification of the Law of the Judiciary.