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The Practice of Torture in the
Palestinian Authority
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Universal Declaration of Human Rights
(1948), Article 5
The death in custody of Yussuf Al-Baba on January
31, 1997 brought forth waves of condemnations and public statements by
senior Palestinian Authority officials, politicians, and human rights
organizations. This was also the case when the Coastal Police (al-Bahriyya)
killed Mahmoud Jummayyel on July 13, 1996. International human rights
organizations have released reports on the practice of torture by the PA,
most notably the December 1996 report published by Amnesty International.
This report aims to present a complete picture of the practice of torture
within the PA. Our survey is representative of the infliction of pain and
suffering taking place in police stations, prisons, and detention
facilities throughout the West Bank and Gaza. The PHRMG collected
information on torture cases, and used 42 of them in preparation for this
report. In addition to the cases investigated by the PHRMG, we have used
data and testimonies supplied by other Palestinian human rights
organizations. All of the cases occurred in 1996 and 1997. In most cases,
the names have been changed to protect the victims.
A. Legality of
Arrests and Detentions
None of our interviewees were shown a warrant
before their arrest. None of them were presented to court within 48 hours
for an extension of their arrest. None of them were brought to court to
face charges during their interrogation. Many of them were not told of the
specific charges against them.
This does not mean that warrants do not exist; but we have not come across
any in our research. Most arrests are therefore illegal and do not conform
either to Jordanian or Egyptian (Gazan) law, or to internationally
recognized judicial standards.
B. Who Tortures?
Torture is used by nearly all of the security
services of the PA. The different services have different
responsibilities. Sometimes, the torture takes place with a senior officer
present. Other times, the torturers are all low level officers. Torture is
committed at all levels, by junior and senior staff, in all four of the
primary security organs of the PA. No particular rank has the sole
authority to authorize torture, and all ranks routinely use forbidden
methods - including senior officers.
|
Security Force Number of
Cases: |
| Police |
9 |
| General Security (Mukhabarat)
|
11 |
| Preventative Security
Service |
13 |
| Military Intelligence (Istikhbarat)
|
8 |
| National Security
|
1 |
| Force 17 |
2 |
C. Where Are Detainees Tortured
Out of 42 cases investigated, 19 are from Gaza
and 23 from the West Bank. Within Gaza, we have cases from eight separate
locations, and from five security forces. From the West Bank, cases are
from ten cities/villages, and also from five security services. For the
most part, the detention facilities are those recently vacated by Israel.
Interviewees report being mistreated in an open yard next to a jail, a
garage in an area under Israeli control, and in a desolate area. Eight
cases are from Ramallah, and Seven from Tel El-Hawa (in Gaza). Most other
places are mentioned 2-3 times. We have no cases from Tulkarm, Qalqilya,
or Jenin.
D. Length of
Torture
In most cases, torture begins immediately after
the detainees have been brought to the place of interrogation. Half of the
time, interrogation lasts for 1-3 days, followed by either release, or
transfer to a more permanent detention center. In 75% of the cases,
mistreatment ends within 2 weeks. In one case, a suspect was interrogated
for 21 days followed by a rest period and 46 more days of interrogation.
The number of days does not refer to the time a person was detained; only
to the number of days during which he was tortured.
|
Length of Torture:
|
|
Days |
Number of Victims
|
| 1-3 days |
22 |
| 4-7 days |
4 |
| 8-14 days |
4 |
| 15-30 days |
8 |
| More than 30 days
|
2 |
| Unknown |
2 |
E. Torture for What Purpose?
Torture is used for a number of reasons within
the PA. Foremost among them is the desire to obtain a confession. In other
words, to make the job of convicting him easier. Often, no other evidence
exists aside from the confession of the victim.
Other reasons, although less common, include a desire to get information,
to force someone to testify in another case, and to 'punish' the victim
for breaking the law. In the case of Al-Baba, torture was completely
unrelated to the work of the Military Intelligence, which held him, or the
Nablus Governor's Office, which ordered him to be arrested.
There is little, if any, relationship between the severity of the torture
and the crime alleged to have been committed. Fayez Qumsieh, for example,
was accused of a murder committed in 1981. Prosecutor Ahmed Toubasi sent a
letter to Attorney General Al-Qidrah asking to release Qumsieh because the
case was so old. That letter was sent two months before Qumsieh's death,
and was never answered. The Al-Qidrah has not replied to a letter asking
about this matter.
In another case, Rommel Ahmad from Kalandia Refugee Camp was whipped and
beaten to force him to confess to the murder of his friend - who was being
whipped and beaten in the next room. Hamza Qanpush, from Shati Refugee
Camp, was beaten and whipped on his feet for four days, until he admitted
that he had a weapon. Later, he was jailed for 35 days for giving a false
confession.
Suspected collaborators are not harmed more severely than other suspects.
Security or political suspects, if mistreated, are harmed in more or less
the same ways as purely criminal suspects.
F. Methods of
Torture
The following methods of torture are the most
widely used by PA security forces: beating, beating with the aid of a
weapon, shabeh, farruja, exposure to the elements, being placed in a small
and confined space, and burning. Other methods are used less frequently.
The following table represents the frequency of different kinds of
mistreatment used by Palestinian security forces. It is followed by a
series of testimonies describing the application of the method.
|
Method of Torture used in
the PA |
|
Method |
Frequency |
| Beating |
Always |
| Beating with a weapon
|
26 |
| Shabeh |
25 |
| Whipping with cable, wire,
or hose |
15 |
| Farruja - suspended tying
|
6 |
| Cold water/cold weather
|
5 |
| Confinement in a closet or
small space |
3 |
| Burning: hot water,
plastic, cigarettes, and heating element. |
4 |
| Denial of urgent medical
attention |
2 |
| Sexual abuse |
1 |
| Death threat/mock
execution |
1 |
G. Methods of Torture: Testimonies
Beating
In all of the cases investigated, the detainees
were beaten. This ranged from being slapped, pushed, and knocked about by
one unarmed police officer, to repeated severe beatings by a group. Most
of those who were beaten severely were also beaten with weapons or
whipped.
From the
testimony of Fawzi Hanatsheh:
"S. asked me again where my brother was. When I answered I do not know, he
immediately asked 2 General Intelligence officers, to take me to the
operations room. Another three joined, one of them in uniform. All of them
punched me and kicked me all over my body."
Beating with a
weapon
Interrogators used weapons in 26 out of 41 cases.
The weapons used are mostly rifle butts, police batons and clubs. Other
weapons include: an iron pipe, and a police baton with nails.
From the
testimony of Mohammed Dagher
"Then, the interrogator severely beat me with an iron pipe on my elbows
and knees. He asked me to stand up and to raise my hands. He beat me again
on the elbows and knees and threatened that I should confess if I ever
want to go back home again."
From the
testimony of Ibrahim Rashmawi
"When I asked if they were beating me because I had damaged the house of a
collaborator with Israel, they beat me harder and beat me all over my body
with sticks and the butts of the rifles."
Shabeh
This refers to tying up the prisoner for the
purpose of inflicting pain. It does not include being handcuffed or
restrained to prevent the prisoner from escaping. This method is widely
used by the Israelis during interrogation. Prisoners are either tied in a
position where they can't sit, stand, or kneel, or tied to chair with
their arms pulled back. In any case, pain and pressure on the joints is
caused for hours or days at a time. 25 interviewees reported being tied in
this way.
From the testimony of Ahed Kazaz
"I was tied in a painful physical condition for 80 consecutive hours with
my hands cuffed in the back and my head covered with a sack. I had no food
at all." Whipping
Whipping is usually done with a cable stripped of
the plastic on one end, thus revealing the copper wires underneath. 15 out
of 41 interviewees reported being whipped. Most of those were whipped on
the soles of their feet for long periods of time. In one case, a plastic
hose was used, and in another, electric wire.
From the
testimony one with a cable stripped of the plastic on one end, thus
revealing the copper wires underneath. 15 out of 41 interviewees reported
being whipped. Most of those were whipped on the soles of their feet for
long periods of time. In one case, a plastic hose was used, and in
another, electric wire.
From the testimony of Khalil Hazboon
"Two policemen put my legs into the strap of the rifle, spun the rifle
around, and the strap bound my legs. I couldn't move. Each of the
policemen had 20 mm. thick electric wire in his hand. They removed the
plastic from the end of the wire, and only the copper wires remained. Five
policemen beat me on the soles of my feet, causing them to bleed. I yelled
out. One of the policemen stepped on my face with his shoe. Two of them
grabbed my shoulders so I couldn't move, and one grabbed my head between
his legs. While they beat me, some policemen smoked, and they extinguished
the cigarettes on my feet. They said to me: "Admit that you forged
documents, and we'll let you go." I immediately responded: "I did it."
Farruja
Farruja is similar to shabeh. Prisoners are tied
in a painful way that involves suspension, so that the feet are no longer
touching the floor. Six interviewees reported being tied in this way.
From the testimony of Hassan Yussuf, father of
Majed Yussuf
"Majed was hung by his armpits for 24 hours with a piece of wood attached
to the ceiling of his cell."
Cold water/cold weather
Prisoners are occasionally left in the cold
without warm clothes, for a long time. Sometimes, they are first soaked in
water. Five interviewees reported being mistreated in this way.
From the testimony of Ahed Kazaz
"At the same night, they poured cold water, while I was wearing my
clothes, five times five bottles (each contained 2 liters). I did not
sleep all night long. I had no blankets.... The next night they took off
my clothes. I was shivering from 20:00 till 02:00 and was then put next to
an electric stove. I had a sudden and terrible headache that nearly killed
me."
From the testimony of Imad Al-Ahwal, brother of
Ahmed Al-Ahwal
"Ahmed Al-Ahwal was put under cold shower and exposed immediately to an
air-conditioned room."
Closet
This method is widely used by Israeli
interrogators. The prisoners is locked up in a small space for a long time
- hours or days. Two interviewees reported being placed in a closet. One
of them for six hours at a stretch, for a few days, and the other for
seven days. Another interviewee was placed in a dry well for two days
while tied in a painful position.
H. Conclusions
Interrogations are not supervised or regulated by
any law or set of regulations that can protect suspects. Suspects are
mistreated before being convicted, and in most cases, are never even
brought to trial. This report does not contain information showing how
many, or what percentage of suspects are mistreated.
Despite the prevalence of beating, whipping, shabeh, farruja, and other
forms of torture, no charge of mistreatment has ever been brought against
a member of the security forces in open court. In some cases security
forces members have been sent to jail, but this has not been accompanied
by a public report, investigation, or due process for the person sent to
jail. This fact more than overshadows the occasional statements made by PA
officials denouncing human rights violations
The PA must enact regulations setting firm limits on the behavior of the
security forces during interrogations, and enforce rights for detainees
and suspects. Torture is illegal and must be stopped through the combined
efforts of the PA, the security services, human rights organizations, and
the public.
tatements made by PA officials denouncing human
rights violations
The PA must enact regulations setting firm limits on the behavior of the
security forces during interrogations, and enforce rights for detainees
and suspects. Torture is illegal and must be stopped through the combined
efforts of the PA, the security services, human rights organizations, and
the public. |
