Ref:46/2023
Date: 02 May 2023
Time: 11:14 GMT
On Monday evening, the Ministry of the Interior in Gaza announced the death of a detainee in the Military Police on criminal grounds after his health condition deteriorated, as he was transferred to al-Shifa Hospital in Gaza, where doctors failed to save his life.
The Palestinian Centre for Human Rights expresses its concern over the recurrence of such cases at Palestinian detention facilities and calls upon the public prosecution to open an investigation into the death circumstances and publish the results. PCHR affirms that the death case is suspected, according to law and facts on the ground.
According to PCHR’s investigations, at around 13:30 on Monday, 01 May 2023, (‘A. L.) (56), from Deir al-Balah in central Gaza Strip who was detained on criminal grounds by the Military Police at Ansar Central Prison in western Gaza City, arrived at al-Shifa Hospital without showing any vital signs, where the medical staff failed to resuscitate him and pronounced him dead.
The Ministry of the Interior and National Security Service in Gaza announced that (A. L.) had been detained by the Military Police since 08 March 2023, and have opened an immediate investigation into his death.
The detainee’s uncle said that his nephew was suffering from asthma and his family was bringing his medications during their visits. He added that (A. L.)’s wife informed him yesterday that she had received a phone call from her son, who is also detained and charged in connection with his father, informing her that his father’s health condition is bad.
The deceased’s uncle also said that he and his two brothers immediately rushed to the prison, but the wardens informed them that his health condition was stable, so they returned to their houses in Dir al-Balah after being sure that he was fine. However, once they returned to Dir al-Balah, (A. L.)’s wife called and informed them that her husband’s health condition worsened, and was transferred to al-Shifa Hospital in Gaza. The detainee’s family returned again to Gaza City to check on their son’s heath condition at al-Shifa Hospital, where police officers from the Military Police and Military Prosecution were. One of the police officers surprisingly told them that (A. L.)’s body is in the morgue.
The family went to the morgue to see their son, yet the police officers refused, so they returned to Dir al-Balah.
According to a medical report issued from the General Directorate of Mental Health in Gaza, on 23 March 2023, regarding the health condition of (A. L.), he was diagnosed with major depressive disorder, including a persistently low mood, anxiety, sleep disturbances, lack of energy, anhedonia or decreased interest in pleasurable activities, and tiredness.
In the evening, an autopsy was performed on (A. L.)’s body and the Forensic Department’s report confirmed that the detainee died due to hypertrophic cardiomyopathy (HCM).
It should be noted that this was the second case in 2023, as (M. S.) (43), from Rafah, died on 20 April 2023 after referring him from Rafah Police Station to Abu Yousif Annajar Hospital in Rafah due to the deterioration of his heath condition.
PCHR emphasizes that the General Directorate of the Rehabilitation and Reform Centers, the Ministry of Interior and Public Prosecution hold full responsibility for such incidents regardless of the causes as codified in Article (7) of the Rehabilitation and Reform Centers Law no. 6/1998, which provides that “… inmates in any prison remain under the legal guardianship of the prison director….” Additionally, this responsibility stems from Palestine’s obligations under the first rule of the UN Minimum Standard Rules for the Treatment of Prisoners, (the Nelson Mandela Rules): “The safety and security of prisoners shall be ensured at all times.”
Accordingly, PCHR calls upon the Public Prosecution to open an investigation into the death circumstances and check legal proceedings taken during the detention, particularly that the detainee was a civilian and was detained by the Military Police on criminal grounds not by the Civil Police, as is usual in such cases. Also, PCHR calls for making sure that detention conditions are compliance with relevant international standards, including providing adequate healthcare and taking necessary legal proceedings.
