Al Mezan Lawyers Visit Al Mashtal Detention Center

On Monday 1 October 2007, Al Mezan's lawyers visited Al Mashtal detention center, which is located west of Gaza City. They met with members of the Executive Force (EF), who briefed them about the conditions of detention and interrogation.

The lawyers also met with an officer in charge of interrogation and with the legal advisor at the detention center. Both briefed them on the types of cases they handle at the detention center and the process of interrogation. They also spoke about the problems faced by the EF and their role in maintaining law and order in the Gaza Strip. They held that the EF observes the due process in all the stages of arrest and investigation.

According to the information available to Al Mezan the Al Mashtal detention center was run by the Al Qassam Brigades, the military wing of Hamas, since it took control over the Gaza Strip in mid-June 2007. A prisoner, Walid Abu Dalfeh, died under interrogation inside this center. The center was transferred to the control of the EF, which was created by the deposed government in 2006.

This visit comes in line with Al Mezan's efforts to monitor the respect of human rights; especially the rights of citizens under the custody of the EF and Al Qassam Brigades, and ensure that they are detained and interrogated in accord with a process of law that preserves their dignity, safety and rights. It also aimed to learn about the mechanisms and procedures followed by the EF when it deals with citizens' complaints and ensure that such procedures are in consistency with the Palestinian law and human rights standards.

Al Mezan's lawyers were welcomed in the detention center. Their tour was made smooth the EF. They were allowed to enter detention and interrogation rooms and interview some of the detained people, who provided information about the conditions of interrogation and detention. They made a number of comments and reservations to the EF. In principle, Al Mashtal is not legally considered a detention center under the Palestinian law. They also briefed EF officers on the relevant human rights standards that any law enforcement personnel must observe as far as procedures of arrest, detention and interrogation are involved.

Al Mezan Center for Human Rights commends the commitments made by the EF to ensure respect of the law and to rectify the illegal conducts that Al Mezan had strongly criticized in the past. Al Mezan appreciates the EF’s cooperation during this visit. Nevertheless, Al Mezan asserts that the EF must comply with the rules of Palestinian law and human rights standards, particularly the Palestinian Penal Law No. 3 Year 2000, and respect the rights of all persons under their custody both before and after trial.

Gaza: Abduction and Torture of PFLP Activist, Injury of a Woman and her Son; beating of a number of individuals by the police

Gaza. 02/10/07

PCHR strongly condemns the abduction and torture of Issa Hammad, and:

- Affirms that these illegal actions are a continuation of the security chaos plaguing the OPT.

- Calls upon the dismissed government to investigate the attacks and prosecute the perpetrators.

- Reminds that torture is outlawed by Palestinian Law, and does not fall by seniority; and that torture is a serious violation of human rights and international human rights standards, including the UN Convention against Torture.

- Condemns the continued role of El-Qassam Battalions in carrying out illegal arrests. The Centre calls for an immediate stoppage to these acts and for closing all Battalions’ detention centers. The Centre affirms that the Battalions are not a law-enforcement agency; and is not authorized to deal in civilian matters.

- Affirms that arrests are regulated by Palestinian Law and are the authority of law-enforcement parties, represented by the civilian police under orders and supervision of the Attorney-General.

PCHR Calls for Investigating the Attacks in Khan Yunis Refugee Camp and Rafah’s El-Najjar Hospital

GAZA 01.10.07. PCHR calls for investigating the events in Khan Yunis refugee camp and Mohammad Yusef El-Najjar Hospital in Rafah several days ago, which included attacks by the Executive Force and Izzedeen El-Qassam Battalions on civilians, leading to the injury of several people, 2 of them seriously. The Centre calls upon the dismissed government in Gaza to take the necessary steps to respect human rights during security and law-enforcement operations.

The Center’s preliminary investigation indicates that at approximately 19:00 on Saturday, 29 September 2007, a fistfight broke out between Fatah and Hamas supporters in Omar Bin El-Khattab Mosque in Khan Yunis. Fatah supporters in the mosque rejected the new preacher in the mosque, whom they viewed as a Hamas man, who was appointed by the Ministry of Waqf. The Executive Force and Izzedeen El-Qassam Battalions intervened to break up the fight. Several people threw rocks at them.

In a related development, a fight broke out between Fatah and Hamas supporters in the Abu Hatab clan. Two Hamas supporters suffered wounds. Abd El-Karim Abu Hatab (39) was stabbed; and the second was hit on the head with an iron bar. As a result, the Executive Force raided 4 houses, including the house belonging to Yusef Mohammad Abu Hatab to arrest his 4 sons. The Force fired inside the house and injured his daughter Hind (20) with a superficial wound to the head and his daughter Fatima (18) with shrapnel to the chest and right arm.

An argument broke out between neighbors and the Force members in the area. The argument escalated into a fistfight. The Force used gunfire and injured Khaled Mohy El-Deen Abu Znad (37) with a bullet in the chest. He was taken to Naser Hospital for treatment, where his injury was listed as serious. A second person, Jamil Wad’i El-Attili (32), was injured by shrapnel in the right hand.

Four members of the Force were injured by stones. And the Force beat another 5 civilians with sticks, including a woman who was taking pictures with her mobile phone. Maysoon Hussein Abu Rok’a (34) informed PCHR’s fieldworker that the Force attacked her with sticks. One of them pulled her hair and threw her against the wall for taking pictures of the Force attacks.

The Force and El-Qassam Battalions arrested several people and took them to compounds in Khan Yunis. They were later released. Some of the detainees stated that they were beaten and tortured during detention. Ahmad Khader Mohammad El-Salmi (20) stated that Force and Battalions members, some of them masked, detained him and took him to the Battalions compound west of Khan Yunis, where he was interrogated. He was tied to a chair and beaten by gun butts during interrogation.

And in Rafah, PCHR’s preliminary investigation indicates that at approximately 23:00 on Thursday, 27 September 2007, unknown assailants threw a hand grenade at a Hamas commander in Rafah: Raja’e Ahmad Hussein (42). At the time, he was sitting in front of his house with his brother Mohmoud (33) and friend Mahmoud (34). The trio suffered moderate injuries by the attack. The Criminal Investigations Department in the Police stated that 2 suspects have been detained in relation to the attack.

After half an hour, an argument broke out between members of the Hussein family, who came to visit their injured relatives, and members of the Executive Force who attempted to evacuate them from the emergency ward in the hospital. During the argument, one Hussein clan member stole weapon of a Force member and hid inside the hospital with his relatives. As a result, the Force fired teargas inside the emergency ward and severely beat 7 members of the Hussein clan. In addition, they fired at Mousa Sabri Hussein (23) who is charged with stealing the weapon. They took him out of the room, beat him severely, and shot him in the left leg. The nurse Ayman El-Hissi (23) was beaten with sticks on his back as he tried with colleagues to prevent the Force members from beating the injured young man, who was transferred to the European Hospital due to the severity of his injury.

In light of these attacks, PCHR:

1. Calls upon the dismissed government to investigate the attacks and prosecute the perpetrators.
2. Calls upon the Executive Force to show restraint and to respect the law to ensure respect of international human rights standards and the safety of civilians.
3. Condemns the continued role of El-Qassam Battalions in carrying out illegal arrests. The Centre calls for an immediate stoppage to these acts and for closing all Battalions’ detention centers. The Centre affirms that the Battalions are not a law-enforcement agency; and is not authorized to deal in civilian matters.

Public Document

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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 - 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org

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