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March - April Issue #2
PREVENTATIVE SECURITY SERVICE TORTURES INNOCENT MEN INTO CONFESSING
In late October and early November 1996, the
Palestinian Preventative Security Service (PSS) arrested two employees of
the Police District Commander (located in the compound of the Governor and
the Ramallah Military Headquarters). Jalal Abd El-Fattah was arrested on
28 October, 1996. According to the testimony received by the PHRMG, Abd
El-Fattah was severely tortured to extract a confession which fingered his
colleague and former classmate Majed Youssef as an accomplice in working
for the Israeli General Security Services (GSS-Shabak). Youssef was
subsequently arrested. The Youssef family approached the PHRMG in
December, asking for intervention and claiming that both suspects are
innocent victims of torture.
The following testimony was taken from Majed's father, Hassan Ahmed
Youssef, on December 12 in Ramallah:
"My son Majed is a 21-year-old computer science graduate who studied in
Jordan. He works in the Police Headquarters in Ramallah, under Colonel
Saqer Mohammad".
"On 2.11.96 Majed was called to the criminal investigation office in
Ramallah, and did not return".
"On 8.11.96 I called his workplace at the Military Headquarters in
Ramallah and asked for him. I was told that he was not there. I was
worried, because my son would usually call almost every day. When I called
his office again, they only repeated that he wasn't there; they did not
tell me that he was missing".
"On 12.11.96 I called once more and spoke to Colonel Saqer. I asked where
my son was. He said he was ashamed to tell me that Majed is under arrest
with the Preventative Security Services in Ramallah because his friend (Abd
El-Fattah) confessed that Majed works with the Israeli GSS. I asked Saqer
if I could appoint a lawyer for my son, and he promised to find out.
"On 20.11.96 I received a phone call at home from someone who said that
Majed is being held in Jericho, and that his uncle (my brother) would
visit him. I was told not to visit because Majed was too ashamed to see
his father.
"On 22.11.96 the uncle traveled to Jericho to see Majed. He was able to
see him, but they couldn't talk because Majed was crying continuously. He
told me that he saw signs of beating on his nephew's face, and that
Majed's health was poor. "The investigator 'Riad' told the uncle that they
had received Majed from the PSS in Ramallah. He said that Majed had been
in a state of nervous breakdown, and that they hadn't yet been able to
interrogate him. 'Riad' added that Majed had begged him to talk to his
father and ask for food and clothes.
"On 23.11.96 I went to the PSS in Jericho. They would not let me see my
son; they told me that he was in a state of nervous breakdown. I gave the
interrogator food and clothes to pass on to Majed.
"On 28.11.96 Majed called me at my store in the afternoon and asked me to
call him back at the Jericho jail. When I did so, he asked me to come the
next day to visit him.
"On 29.11.96 in the morning I and my brother went to Jericho to meet Majed.
When he approached me and shook my hand, I did not recognize him at all. I
began to cry, asking 'Where is my son?'. Majed came close to me and cried
bitterly. His head was swollen, his eyes almost completely closed, and
there were signs of beating on his hands. His face was yellow and he was
in pain. My son said that he was a victim of conflicts between the various
security branches. Because he works for the police, the PSS were taking
revenge on him. He also described how he was tortured.
"Majed was hung by his armpits for 24 hours from a piece of wood attached
to the ceiling of his cell. He was locked numerous times into a closet
about 50 x 50 cm in size, for periods of 6 hours each. The interrogators
were different each time they kicked him and beat him with their fists all
over his body. This, despite the fact that my son is ill with a stomach
ulcer that requires medication for. Out of fear for his life, and as a
result of torture, Majed signed a confession stating that he was a
collaborator.
"My visit with my him lasted only 10 minutes _ it caused me severe
psychological trauma. We were unable to discuss too many details because
the PSS men sat in on the whole conversation.
"After leaving I went to three lawyers _ one in Ramallah, one in Nablus,
and one in Tulkarm. All refused to take my case because no charges had
been filed". [It was also clear that lawyers are hesitant to help anyone
accused of collaboration - B.E.]
"I called the office of Colonel Jibril Rajub (head of the PSS) 3 times.
Each time I was told that he was not in. I tried to send a fax, but it
didn't go through. I haven't yet told Majed's mother and sisters about his
arrest".
"At last I succeeded in sending faxes to President Arafat, Jibril Rajub
and Ghazi Al-Jabali (The General Director of the Palestinian Police in
Gaza). I have not received any replies to my letters".
The Trial of Majed Youssef
Recently, the PHRMG secured a lawyer (Abd El-Karim Hammad), willing to
represent the family free of charge. In January, Military Prosecutor
Muhammed Bishtawi determined that Youssef would be tried on February 22,
case #7/96.
The trial opened in the presence of three military judges (led by Colonel
Jamil Al-Hillu), the military prosecution represented by Abd El-Nasser,
Atty. Hammad, Majed Youssef (the accused), his father Hassan Youssef and
other family members, and PHRMG Director, Bassem Eid. The prosecutor asked
permission to introduce four pieces of evidence to the trial:
1. The charge sheet accusing Youssef of being a collaborator with Israel;
2. A written confession signed by Abd El-Fattah claiming that both Youssef
and he were collaborators;
3. An affidavit from one of the PSS interrogators, to whom Youssef
'confessed;
4. The signed confession of Youssef himself.
No other evidence was presented.
Attorney Hammad objected to this evidence, stating that confessions
extracted under torture were invalid, and calling as witnesses the PSS
officer and Abd El-Fattah to be cross-examined. He also rejected the
introduction of a charge sheet as 'evidence.' The judges ruled that the
evidence presented by the prosecution was valid. The trial was then
postponed to February 27.
The trial reopened in the presence of the witnesses requested by the
Youssef's attorney. The PSS officer claimed that no violence had been used
to extract a confession. Abd El-Fattah told the court that his confession
was a lie, and that Youssef was not a collaborator. Judge Al-Hillu asked
why he had signed the confession.
Abd El-Fattah told the court that he was tortured, beaten, and threatened.
He pulled his shirt out of his trousers to show the signs of violence on
his body, but Judge Al-Hillu ordered him to remain fully clothed, telling
him that this was Youssef's trial, not his. Youssef told the court that
his confession had been extracted under torture, and that this torture
lasted for around twenty days. After his testimony, the court was
adjourned until March 10, when the verdict would be read.
On March 10, Majed Youssef was cleared of all
charges due to lack of evidence. Majed's father cried with joy and relief.
But prosecution attorney Abd El-Nasser objected to the verdict and
requested that Youssef remain in jail while he prepared his appeal. Majed
is still in jail. On March 13, Youssef's father received a telephone call
from a man who said that the PSS doesn't care what the court says, Youssef
is guilty and will remain in prison.
Abd El-Fattah was convicted on January 20, 1997 (case number 6/96) and
sentenced to ten years in prison, even though the evidence against him was
identical to that against Youssef. The PHRMG demands the release of
Youssef and Abd El-Fattah, an official investigation into the use of
torture by the PSS, and the immediate suspension of the officers
responsible for the torture.
What you can do
Please write to the Military Attorney General,
Colonel Rasmi Abd El-Rahman, asking for the immediate release from
detention of Majed Youssef and Jalal Abd El-Fattah, and an end to the use
of confessions extracted by torture in military courts. A copy of this
letter should be sent to President Arafat and the PHRMG:
Colonel Rasmi Abd El-Rahman
Military Attorney General
Military Court - Al-Saraya
Gaza Strip, Palestine
Tel: 972-7-829722
Fax: 972-7-865700
President Yassar Arafat
Office of the President
Tel Al-Hawwa, Gaza
Gaza Strip, Palestine
Tel: 972-7-824670/1/2
Fax: 972-7-822365/6
7-865700
President Yassar Arafat
Office of the President
Tel Al-Hawwa, Gaza
Gaza Strip, Palestine
Tel: 972-7-824670/1/2
Fax: 972-7-822365/6
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