PCHR Condemns the Attack on a Demonstration in Rafah, the Detention of a Demonstrator, and Torturing the Detainee by the Executive Force

24/07/07. 12:30 GMT. PCHR strongly condemns the attack on a demonstration yesterday in Rafah, the detention of a detainee, and torturing him by members of the Executive Force. The Centre calls for investigating this attack, stopping all forms of torture, and prosecuting the perpetrators of torture.

The Center’s preliminary investigation indicates that at approximately 21:30 on Monday, 23 July 2007, a large number of members of the Executive Force in 7 vehicles fired in the air and use batons to disburse a demonstration near the CARE Vocational Training Institute in Rafah. The demonstrators fled and disbursed. The demonstration comprised of hundreds of Fatah members and started near Mohammad Yusef El-Najjar Hospital to protest the attack on PLC member Ashraf Jum’a from Fatah. The Executive Force intervened when some demonstrators, mostly children, and Hamas supporters hurled rocks at each other.

In a related development at 23:00 on the same day, the Executive Force detained one of the demonstrators: Mohammad Kamel El-Shekhrit (21), who was on his way home in Rafah refugee camp. He was taken to the old headquarters of the National Security Forces in Rafah. In his statement to PCHR’s fieldworker, he stated that he was questioned on his participation in the demonstration. He stated that he was tortured by the Executive Force during the interrogation, including tying his hands behind his back, tying his legs, covering his eyes, and being beaten by batons and sticks on parts of his body including the bottom of his feet. He also stated that his hand was electrocuted once. The Executive Force released him at approximately 2:30 on Tuesday, 24 July 2007, after he signed a statement committing to refrain from breaking law and order.

PCHR reiterates its condemnation of these attacks, and:

- Strongly condemns the use of torture, and calls for investigating torture claims to prosecute its perpetrators, and to take effective steps to stop all forms of torture.

- Reminds that torture is outlawed in the Palestinian law; and that it is a serious violation of human rights as outlined by international human rights law, including the Convention against Torture and other forms of Cruel, Degrading, or Inhumane Treatment (1984).

- Affirms that all forms of detention are regulated by the Palestinian Law, which specifies that detention is the sole function of law-enforcement represented by the civilian police, under the authority of the Attorney-General.

- Affirms the right to peaceful assembly, including organizing demonstrations, which is guaranteed by the Basic Law and the Law of General Assemblies for the year 1998.