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DEATHS IN CUSTODY: 1ST
QUARTER 1997
Report on the deaths by torture of
Qumsieh and Al-Baba
During the first quarter of 1997, two prisoners held in PA prisons died
within two weeks of each other. The first, Fayez Hanna Yaqub Qumsieh, died
under suspicious circumstances on January 17. The second, Youssef Ismail
Al-Baba died on January 31. Both bodies bore marks showing that they had
been mistreated while alive. The authorities (the Bethlehem police)
claimed that Qumsieh committed suicide. On the other hand, perhaps as a
result of the intervention of a human rights organization, Al-Baba's death
was recognized almost immediately as being the result of torture.
One major difference in the two cases is the reaction for the public,
human rights community, and the PA. Qumsieh's death received little
attention, perhaps because the authorities claimed that he committed
suicide. In Al-Baba's case, lawyers from LAW, the Palestinian Society for
Protection of Human Rights and the Environment, assisted the family in
their attempts to gain access to the body. In the hours after his death,
LAW notified the human rights community of the Al-Baba's death, and of
their attempts to assist the family. As a result of that intervention, the
first public intervention by lawyers on behalf of the family of a torture
victim since the arrival of the PNA, LAW director Khader Shkirat was
threatened by an officer of the Palestinian General Security Service (PGSS-Mukhabarat).
Fayez Hanna Yaqub Qumsieh - Authorities Claim
Suicide
PGSS agent Ibrahim Bajali arrested Fayez Qumsieh on 7 March, 1996, and
took him to the district prison in Bethlehem. After being tortured,
Qumsieh confessed to the murder of Bassem Rashmawi in 1981. A letter
written by Qumsieh before his death and in the possession of the PHRMG,
provides first hand details of the torture. Qumsieh was later transferred
to the Military Intelligence (Istikhbarat) prison, which is in the same
compound as the PGSS prison.
Formal charges were never pressed, and he was never brought before a judge
or the local prosecutor. Qumsieh's wife (Helen Qumsieh) heard that he was
hospitalized a number of times during the first six months of his arrest,
but she was never allowed to visit him. (Qumsieh has a history of heart
problems and underwent surgery in 1994.) When she was finally allowed to
see him, it was for ten minutes and under supervision. Advocate Hashem
Kawesmeh was then hired to represent the family. During the next few
months, visits were regular, but always held in the presence of guards.
On January 6, 1997, Fayez was transferred to Al-Hussein Hospital because
he was suffering from his heart condition. Mrs. Qumsieh told the PHRMG
that it was only during that visit to the hospital that she learned of his
torture, because for 9 days he remained unguarded, and she stayed at his
side. "He said that he admitted the charges (of murder) under threats and
severe beatings."
In his letter (mentioned above), Qumsieh describes his torture. He was
usually interrogated and tortured around midnight, in the police jail. His
hands were tied behind his back, and his head covered in a sack. On at
least one occasion his torturers used a baton that has nails in the front.
A witness (and fellow prisoner) named Samih Darbani was allowed to
participate in the interrogation and beat Qumsieh for reasons which remain
unclear.
. The lawyer, Hashem Kawasmeh, claims that there was never an official
case number, file, or court date. Attempts to release Qumsieh on bail
failed. The local prosecutor was repeatedly asked to let the family know
of the charges and the court date. Each time the prosecutor told the
family that he would be released in a few days.
During July 1996, Mrs. Qumsieh met with President Arafat and handed him
the case file and medical reports. She was able to explain her story and
ask for President Arafat to intervene. Together, they posed for a
photograph.
On January 17, at 10:00 am, she was able to visit Qumsieh in prison even
though most of the guards and officers were in Hebron for the ceremonies
surrounding the Israeli withdrawal. The visit lasted twenty minutes.
Qumsieh seemed to be in good condition. "His spirits were very high, and
there were no marks on him. He asked for 15 packages of cigarettes per
week instead of 10 [the amount she usually brought]." He was given some
money to get through the week. He also asked to be transferred to another
prison, or at least a cell with more than one other cellmate.
That afternoon at 17:00, doctors informed the family that Qumsieh arrived
dead at Al-Hussein hospital in Beit Jala. The authorities phoned after the
hospital did with the same news. The official version, released by the
Bethlehem police to Israel Radio, was that Qumsieh committed suicide.
The family has told the PHRMG that the body has signs of violence on it,
verified by a photograph of Qumsieh's face that shows bruising. An autopsy
was conducted in the presence of two doctors representing the family. (The
first time the PA has allowed doctors representing a family to be present
at an autopsy.) They doctors told the family that Qumsieh died as a result
of a heart attack. Despite repeated requests by the family, and a promise
by Ahmed Toubasi the Bethlehem district prosecutor to release the autopsy
report to the press, the report remains secret.
While the PA has claimed that Qumsieh has committed suicide, no evidence
has been presented to support this claim. On the other hand, there is a
lot of evidence to support the hypothesis that he was beaten on January
17, leading to a fatal heart attack, after the visit of his wife at 10:00,
and before 17:00 when news of his death was conveyed to the family.
According to the Ahmed Toubasi, a request to release Qumsieh was sent to
the Attorney General's office two months before his death, on the grounds
that the case was too old. The Attorney General never replied to this
request.
Youssef Ismail Al-Baba
On January 3, Youssef Al-Baba was asked by employees of the District
Governor in Nablus to come to the Governor's office to discuss a private
matter. Al-Baba called his family to let them know that he would be with
the Governor in the afternoon. At the time, he had in his possession
approximately $30,000 in US dollars, Jordanian Dinars, and Israeli
Shekels.
Youssef Al-baba.his death was the result of not ampulating the left arm,
which was severely infected with gangrene, as a result of injuries
sustained while being tortured.
For the first two days of his absence, Al-Baba's family assumed he had
traveled to Ramallah or Hebron for a few days - something he did regularly
for business purposes. On the third day of his absence, someone who had
been in jail told the family that Al-Baba was in the military
headquarters. The family went there and asked why Al-Baba was being held.
They were told that it was on the order of the Governor.
One week after Al-Baba was detained, the family went to the Governor to
ask why Al-Baba was imprisoned. They did not get an answer. The family
attempted to use their many connections to powerful individuals and
lawyers to try and see him. The Governor intervened by forbidding anyone
to visit Al-Baba. Asked why, he replied that the suspect had refused to
pay $15,000 in bail. This seems to be false, since Al-Baba had more than
that in cash on his person. During this time, Al-Baba's brother Omar asked
four
lawyers to represent the family. Each one refused after learning the
details.
On the advice of lawyers, the family complained to the district prosecutor
Ibrahim Amrou. On January 23, a formal letter of complaint was sent to
Police District Commander Saadi Al-Naji, expressing concern for Al-Baba's
life and safety and demanding the right to visit him and learn of the
charges against him. The Commander promised to settle the matter soon, and
have Al-Baba released.
On February 1, the family heard on Israel Radio that Al-Baba had been
tortured to death.
PNA Admits Wrongdoing
In the following days, senior officials admitted that the actions of the
security forces were unjustifiable. Justice Minister Freih Abu-Medein said
that Al-Baba "had been illegally imprisoned and was subjected to extreme
torture which led to his death." [AFP, Feb. 3]
Human rights organizations in Palestine and internationally joined in
criticizing the security forces for this additional death in custody,
number 10 according to Amnesty International since the arrival of the PNA.
The newspaper Al-Quds, close the President Arafat, allowed an article to
be published critical of the death of Al-Baba on February 18, two and a
half weeks after his death.
From left to right: Qumsieh's sister in law, President Arafat, qumsieh's
sister, and Helen Qumsieh. President Arafat promised to help.
Attorney General Khalid Al-Qidrah has stated that "the PA and its legal
apparatuses deal with these incidents in a very up-to-date manner.... The
PA has not attempted to hide the truth behind any incident, and it does
not try to cover up for anybody or defend any guilty party." [Palestine
Report, Feb. 28] Al-Qidrah added that the series of instructions issued by
President Arafat will be effective in reducing the number of such
incidents, which have "dramatically decreased in frequency" anyway. In our
opinion, these statements are optimistic and do not reflect the facts.
PA Must Do More to Protect Human Rights
The truth however is less straightforward. In some cases, notably with
Mahmoud Jumayyel (tortured to death by the Naval Police in July, 1996) and
Al-Baba, arrests are made, and those guilty of the violations of human
rights are tried and convicted and sentenced to lengthy terms in prison.
This is to be commended. But where are the results of the investigations?
What about the responsibility of the senior officers in charge of those
who are now in prison? What about the culture of violence within the
prisons, and within the security forces, that makes violence both
widespread and routine?
It may be to early to demand the results of the Al-Baba investigation, but
the PA should respond to the substance of the charges made by the Amnesty
International (AI) report in December 1996, rather than attacking it
report as 'Western
Fayez Qumsieh
intimidation of the PA.' This report accused the Palestinian security
forces of practicing systematic torture, and accused the PA of complacency
in the face of numerous deaths in custody. Those charges have never been
addressed except in the most general terms, and promises given in the past
to release the results of official investigations have not yet been
honored.
Furthermore, it is unjustifiable that only the deaths of prisoners
received public attention. The conditions in the prisons are intolerable,
with prisoners suffering from cold, inadequate food, lack of exercise,
over-crowding, beatings, and denial of family and legal visits. Prisoners
are frequently tortured during interrogation, and the PA defends the
torturers in practice, even as high officials condemn torture in
principle.
For example, testimony from torture victims has implicated 'Samour' of the
Military Intelligence in Ramallah in numerous cases of torture. [A report
on 'Samour' is pending.] In January it was reported that he was fired from
his position. Both Amin Al-Hindi
(PGSS Chief) and Ghazi Al-Jabali (Police Chief) responded to that rumor
with a vigorous defense of Samour, explaining that he was merely being
transferred to a new post. In this way senior officers responsible for
torture are protected, while the lower ranks are given stiff sentences if
caught, and no punishment at all if torture victims remain alive.
Human rights organizations, including the PHRMG, receive numerous letters
from prisoners and family members describing the brutal conditions they
suffer from. Such letters should be published by the major daily
newspapers in Palestine, namely Al-Quds, Al-Hayyat Al-Jadida, and Al-Ayyam.
The way that the PA treats prisoners is a reflection of the development of
Palestinian society and democracy. It is therefore necessary to struggle
around these issues today, rather than following a passive policy of
'waiting and seeing' and leaving the responsibility of fighting torture in
the hands of those who employ the torturers.
The PHRMG condemns the systematic practice of torture in the PA as
barbaric and symptomatic of the worst features of repressive
dictatorships. The occasional imprisonment of junior officers who have
'erred' by allowing a torture victim to die is not an acceptable
substitute for actions promoting the rule of law, including:
1. The establishment of an effective and public mechanism for
investigating complaints against the security services.
2. The prosecution in court, and in the presence of journalists, of those
responsible for torture and other human rights violations - including
senior officers bearing responsibility.
3. The publication of the results of official investigations in a timely
manner.
4. Strengthening of the rule of law in Palestine, and the complete
subjugation of the security forces to civil authorities and recognized
branches of the government.
While the legal responsibility for correcting these abuses lies with
President Arafat, Attorney General Al-Qidrah, and the commanding officers
of each security force, we cannot leave them to solve the problems on
their own. It is the Palestinian people, through public action and the
work of our elected representatives in the Legislative Council, who bear
ultimate responsibility. c action and the work of our elected
representatives in the Legislative Council, who bear ultimate
responsibility.
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