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PALESTINIAN CENTRE FOR HUMAN RIGHTS
PRESS RELEASE
Ref: 18/2004
Date: 07 February 2004
PCHR Criticizes the Trial of 4 Persons before a Palestinian Military Court in the Case of the Killing of 3 Americans in Gaza
PCHR is deeply concerned for the trial of four Palestinians before a Palestinian Authority military court, formed to consider the case of the killing of three Americans in an explosion in the northern Gaza Strip, occuring more than three months ago. PCHR is astonished by the transfer of the case to a military court and believes that military courts are similar to state security courts which the Palestinian Authority abolished last year. PCHR is worried that the trial may lack the conditions of fairness in violation of the four accused’s rights which are insured by the Palestinian Basic Law.
At approximately 11 am on Saturday, 7 February 2004, the permanent military court held its first session in Gaza Central Prison (Saraya), in Gaza city to consider the case of the killing of three Americans on 15 October 2003. The Americans were killed by the explosion of a bomb while traveling in a car near Hamouda Junction in the northern Gaza Strip on their way towards Gaza City. The four persons accused of the killing are not members of security services, and are:
Naim Deeb Taha Abu Foul, 43, from Jabalya, who was arrested on 15 October, 2003. His detention was renewed on 7 February, 2004, by the General Security Service in Gaza Central Prison;
Bashir Khalil Said Abu Laban, 42, from Jabalya, who was arrested on 15 October, 2003. His detention was renewed on 7 February, 2004, by the General Security Service in Gaza Central Prison;
Mohammed al-Disouki Kamel Assaliya, 22, who was arrested on 20 December, 2003. His detention was renewed on 6 February, 2004, by the Preventative Security Service (the representative of the military prosecution claimed that he had been detained by the General Security Service in Gaza Central Prison)
Ahmed Abdel Fatah Saafi, 24, from Jabalya, who was arrested on 20 December, 2003. His detention was renewed on 6 February, 2004, by the General Security Service in Gaza Central Prison.
The military prosecution submitted a bill of indictment against the four accused together, which included a charge of having explosives and weapons and of planting explosive devises on the main road, in violation of article 174 with reference to article 175 of the Palestinian Penal Law of 1997, and article 235 with reference to article 25 of the Law of Firearms and Ammunition, Law Number 2 of 1998. The four persons were also accused of planting explosive devices at Hamouda Junction and other areas to confront Israeli tanks during Israeli military incursions into the Gaza Strip. The bill of indictment also claimed that “the explosion, which caused the killing of members of a US delegation on 15 October 2003, may have resulted from bombs planted in the area.” It is clear that the usage of the word “may” in itself proves the lack of viable evidence to absolutely charge the four persons. It is also worth noting that the US Embassy in Tel Aviv published an announcement in the daily local, Al-Quds on 5 February 2004, offering US$5 million to whoever provides information that can lead to finding those who are responsible for this incident. This further proves that those who are responsible for the incident have not been correctly identified.
The court postponed the case for consideration to 29 February 2004.
PCHR has closely followed this issue, including the proceedings of this morning’s trial. Accordingly, PCHR has the following notes:
PCHR is astonished that the case is considered by a military court even though the accused persons are not members of the security services and thus do not fall under the authority of the military judiciary. This can be only interpreted as another attempt to undermine the civil judiciary and its authority. Military courts are not entirely different from state security courts which the Palestinian Authority abolished in July 2003. In addition, considering the case by a military court harms the Palestinian Authority since it implies that the accused persons are members of Security Services.
The accusations were submitted against the four persons together and lacked enough evidence which is clear by the frequent usage of the word “may.” It is well-known that dozens of activists of the Intifada planted explosive devises in various areas and at various times to confront probable Israeli military incursions, thus the same accusations could be applied to them.
The trial was organized quickly; the accused persons were informed about its time only a short period earlier, which was too late for them to hire lawyers during the court session in violation of their right to a fair trial. During the court session, the judges asked the persons whether they had a lawyer to defend them. They replied that they were surprised by the trial and that no one had ever informed them about its time. One of them even said that he does not know why he was in court.
One of the accused persons told the judges that he was subjected to torture by members of the Preventative Security Service during his detention which requires an immediate investigation since torture is a crime punishable by Palestinian law.
In light of these notes, PCHR calls for transferring the case to the civil judiciary to preserve its authority and insure a fair and impartial trail for the accused persons.
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:[email protected], Webpage http://www.pchrgaza.org
Trial Version
