30.09.07. Al Mezan received a copy of a decision issued on 26 September 2007 by the deposed Prime Minister and acting Minister of Interior, Mr. Ismail Hanniyeh. The decision includes instructions directed to the commanders of the 'Internal Security Forces'. Notwithstanding the positive content of this decision, the information retrieved by Al Mezan from the field shows that many of the illegal conducts that preceded its issuance have continued. The Executive Force (EF), Hamas' policing body, carried out dozens of arrests in the towns of Khan Younis and Rafah, south of the Gaza Strip, in which the EF's members did not observe the due process in terms of the arrest procedures, the conditions and places of detention, the rights of the detained people or the limitations on the interrogation procedures. Al Mezan welcomes this decision, which instructs the internal security under the command of the deposed government to respect the rule of law, respect and protect freedoms, political activism and peaceful assembly. It also instructs them to respect and follow the due process as far as arrest and detention are involved, and to respect the rights of all individuals under their custody; including informing them of the reasons of their detention and the places where they are detained. The decision states that arrest warranties can only be issued by a legally authorized body, and that persons under detention must be allowed access to a legal counsel.
Al Mezan asserts the significance of issuing these instructions which, if implemented, could produce positive impacts on human rights in Gaza. Al Mezan therefore calls for creating adequate mechanisms to ensure full implantation on the ground of these instructions. Effective tools for monitoring and accountability for non-abidance by these instructions are crucial for ensuring their effective implementation.
Notwithstanding the positive content of this decision, the information retrieved by Al Mezan from the field shows that many of the illegal conducts that preceded its issuance have continued. The Executive Force (EF), Hamas' policing body, carried out dozens of arrests in the towns of Khan Younis and Rafah, south of the Gaza Strip, in which the EF's members did not observe the due process in terms of the arrest procedures, the conditions and places of detention, the rights of the detained people or the limitations on the interrogation procedures.
According to field sources, at approximately 7pm on Saturday 29 September 2007, confrontations broke out between prayers and members of the EF, when the EF arrived at the scene to defuse a dispute between prayers supporting Fatah and others supporting Hamas in a mosque near Nasser Hospital in Khan Younis. Over 20 people were injured and 14 others arrested; of whom seven were released after being subjected to torture and degrading treatment. The other seven have been kept under the EF's custody. Members of the EF also broke into four homes in the neighborhood without observing the relevant legal procedures as stipulated in the Palestinian Penal Law and the Basic Law. This despite that the above-mentioned decision asserts the full respect of both laws.
In the town of Rafah, the EF arrested eight persons. The arrests occurred at approximately 11.05pm on Thursday 27 September 2007, after a grenade had been thrown at Raja'i and Mahmoud Hussein and injured them. At approximately 1am, on the next day, the EF prevented their family from visiting them at Abu Yousif An-Najar Hospital on the pretext that they were affiliated with Fatah. A dispute started between the family members and the EF. According to eyewitnesses, an EF's member opened fire at 23-year-old Mousa Hussein, who was injured in left leg. Further, the EF beat seven members of the family. Medical sources reported that the condition of one of them; Imad Ad-Din Hussein, was critical as he sustained fractures in the skull and right arm.
Al Mezan Center for Human Rights views with much concern the excessive and disproportionate use of force, as well as other illegal conducts, that have been carried out by the EF. Many of these conducts have occurred after the issuance of the above-mentioned decision; a fact that necessitates the creation of adequate mechanisms to monitor its implementation and hold accountable those who do not observe its full respect on the ground.
Al Mezan renews its commendation of Mr. Hanniyeh's decision, and views it as a step in the right direction. However, Al Mezan believes this step will fall short the expectations without adequate implementation, monitoring and accountability mechanisms that ensure its respect and implementation on the ground to guarantee respect of the rule of law.
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