Ref: 95/2009
Date: 11 August 2009
Time: 08:30 GMT
PCHR Calls Upon the Government in
Ramallah to Investigate Death of Palestinian in GIS Custody in Nablus
The
Palestinian Center for Human Right (PCHR) calls for an investigation
into the death of Fadi Hosni 'Abdul Rahman Hamadna, 27, from Northern 'Assira
village, north of Nablus. Mr. Hamadna died while in the custody of the
General Intelligence Service (GIS). Any persons found responsible for
Mr. Hamadna’s death, must be prosecuted in accordance with the law. The
GIS has a legal obligation to protect the lives and safety of detainees.
According to
investigations conducted by PCHR, which included eyewitness testimony,
at approximately 10:00 on Monday, 10 August 2009, the Municipality of
Northern 'Assira received a phone call from the Commander of the GIS in
Nablus, who informed of the death of Mr. Hamadna. Mr. Hamadna had been
detained in Junaid Prison in Nablus since 15 June 2009. The Mayor,
Mohammed Abu Halima, contacted the victim's uncle, Tahseen 'Abdul Rahman
Hamdna, and informed him of the death of his nephew. The two then
headed towards Junaid Prison following coordination between the Mayor
and the Commander of the GIS in the prison. The GIS Commander informed
them that Hamadna had hung himself using a blanket from his cell, and
expressed his apology. Approximately an hour later, Hamadna's body was
transferred to the autopsy institute at an-Najah National University,
and the victim's uncles, Tahseen 'Abdul Rahman Hamadna and Hassan Saleh
Samara, were invited.
They entered
the room and saw the corpse covered by white cloth, except for the head
and the neck. They told PCHR that his neck was blue and lines appeared
on it. They also indicated that they saw some bruises on one shoulder.
Two hours later, they were asked to return by Dr. Samir Abu Za'rour.
The victim's brother, Mohammed, who wanted to see the corpse,
accompanied them this time. He told PCHR that he saw blue bruises on
the neck and the chest and lines on the neck. Dr. Abu Za'rour asked
members of the family to sign a document granting permission for an
autopsy. Before answering the request, the General Prosecutor arrived
and said to them: "If you do or do not sign, the autopsy will be
performed." Tahseen Hamdna replied that the victims’ father should sign
the document. Dr. Abu Za'rour asked them about the father, and they
told him that he was in Rafidya Hospital as he was attacked by security
officers near Junaid Prison. Dr. Abu Za'rour went to the hospital to
convince the father to sign the document, but he refused. The corpse
has so far been kept in the autopsy institute.
It is worth
noting that a debate took place in the morning between the victim's
father and brother on one hand and security officers and guards of
Junaid Prison on the other hand, as the latter refused to allow the
family to enter the prison to see the victim's body. The debate
developed and security officers fired into the air and beat members of
the family. The victim's father sustained a fracture to the head; his
brother Mohammed sustained a fracture to the left hand; his brother Hani
sustained bruises to the shoulder and back; and two relatives were
injured. The vicinity of the prison was then declared a closed military
zone.
Brigadier
Adnan al-Dumairi, Spokesman of Palestinian security services, stated to
PCHR that Fadi Hamadna had been detained by the GIS since 15 June 2009,
and that his interrogation was concluded on 25 June 2009, pending a
decision to release him. He had been detained in a single room in
Junaid Prison, not the place of interrogation, according to Brigadier
al-Dumairi. He added that security officers found him dead as he tied a
blanket around his neck. They immediately brought his brother-in-law,
Shaker Dababsa, who was detained in a nearby room, to have a look on him
to be sure that he hanged himself. "We are conducting a transparent
investigation, and we offered the family the option to bring a doctor of
their choice," al-Dumairi added. "We have nothing to hide, we stress
that violence and tortureare prohibited and punishable under the
Palestinian law and we will declare the results of investigation upon
its conclusion."
Hamadna has
been the fourth Hamas detainee to die in the West Bank since the
beginning of 2009. On 08 February 2009, Mohammed 'Abdul Jameel al-Hajj,
30, from Jalqamous village east of Jenin, died while in custody by the
Preventive Security Service (PSS). On 15 June 2009, Haitham 'Abdullah 'Amru,
33, from Beit al-Roush village south of Jenin, died while in custody by
the GIS in Hebron. On 04 August 2009, Kamal 'Aamer Abu Tu'aima, 44,
from al-Fawar refugee camp south of Hebron, as his health condition
deteriorated due to methods of torture practiced against him while in
custody by the PSS two months earlier. Nevertheless, no serious
investigations were conducted into these deaths.
In light of
the above:
1.
PCHR calls
upon the Attorney General in Ramallah to investigate this case, to
publish the results of investigation, and if a crime is proved to have
been committed, to bring the perpetrators to justice.
2.
PCHR reminds
that torture is prohibited under the Palestinian Law and constitutes a
serious violation of international human rights standards, especially
the Convention against Torture and Other Forms of Cruel, Inhuman and
Degrading Treatment. PCHR stresses that crimes of torture remain
punishable at all times.
3.
PCHR affirms
that all forms of detention under the Palestinian Law are the mandate of
judicial warranty bodies, represented by the civil police, working under
instruction and supervision of the Attorney-General.
4.
PCHR reminds
of the Palestinian High Court of Justice ruling of 20 February 1999
which considered political arrests illegal; and calls upon all executive
parties to respect the Court ruling and refrain from conducting illegal
political arrests.
