Ref: 95/2003
In another instance of the Israeli General Security Service (GSS) and
the Israeli Supreme Court’s involvement in violations of the rights of
Palestinian detainees in Israeli jails, the Israeli Supreme Court rejected a
request submitted by PCHR to cancel an order that has denied a Palestinian
detainee access to his lawyer. PCHR is
concerned that the detainee, Mohammed Rajab Mohammed Timraz, 33, from Deir
al-Balah, may have been subjected to torture by the GSS interrogators.
Timraz
was arrested by Israeli occupying forces on 17 July 2003, while he was on his
way back into the Gaza Strip through the Rafah Terminal, on the border with
Egypt. He was sent to Ashkelon Prison for interrogation and has subsequently
been denied access to a PCHR nominated lawyer by the GSS.
After
the Israeli prosecutor representing the GSS rejected two appeals submitted by
PCHR against the order, PCHR submitted a petition to the Israeli Supreme Court
in an attempt to allow Timraz access to his lawyer. However, in a session held on 14 August 2003,
the court upheld the Israeli prosecutor’s position that meetings between Timraz
and his lawyer may affect the interrogation process. The court went even further and authorized
the GSS to renew the order if it was deemed necessary. The order is due to expire on Thursday, 22
August 2003, but it is unclear whether it will be renewed.
Since
the beginning of Al Aqsa Intifada, Israeli occupying forces have intensified
their appalling treatment of Palestinian prisoners in Israeli jails. Many
Palestinian detainees have been denied access to legal representation without
the prior approval of the Israeli Supreme Court and as a consequence prisoners
have been vulnerable to aggressive measures, including torture, by GSS
interrogators.
PCHR
condemns the continued detention of Timraz and the denial of his right to legal
representation, in violation of international humanitarian law and other
instruments relevant to the treatment of prisoners. PCHR expresses grave concerns for the Israeli
Supreme Court’s position, which further proves its collusion in providing legal
coverage for aggressive GSS practices.
PCHR is also concerned that Timraz may have been subjected to
psychological or physical pressure to extract a confession. In light of the above, PCHR calls upon international
organizations and relevant bodies to intervene and put an end to Israeli
violations of the rights of Palestinian prisoners detained in Israeli
jails.