Case Studies:
Tortured, Confessed, and Declared Innocent
The case of Majed Yussuf
1. Introduction
In the following cases, suspects were arrested,
tortured, and in the end, confessed to serious crimes. But at the trial of
one of them, the judges returned a verdict of not guilty because of the
lack of evidence.
The case of Majed
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 Yussuf as an accomplice in working
for the Israeli General Security Services (GSS-Shabak). Yussuf was
subsequently arrested. The Yussuf 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 Yussuf,
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.
3. The Trial
Recently, the PHRMG secured a lawyer (Abd El-Karim
Hammad), willing to represent the family free of charge. In January,
Military Prosecutor Mohammed Bishtawi determined that Yussuf 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 Yussuf (the accused), his father Hassan Yussuf and
other family members, and PHRMG Director, Bassem Eid. The prosecutor asked
permission to introduce four pieces of evidence to the trial:
- The charge sheet accusing Yussuf of being a
collaborator with Israel;
- A written confession signed by Abd El-Fattah
claiming that both Yussuf and he were collaborators;
- An affidavit from one of the PSS
interrogators, to whom Yussuf 'confessed';
- The signed confession of Yussuf himself.
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
Yussuf'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 Yussuf 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 Yussuf's trial, not his. Yussuf 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.
4. Yussuf Cleared
On March 10, Majed Yussuf was cleared of all
charges due to lack of evidence. His father cried with joy and relief. But
prosecution attorney Abd El-Nasser objected to the verdict and requested
that Yussuf remain in jail while he prepared his appeal. Yussuf is still
in jail. On March 13, Yussuf's father received a telephone call from a man
who said that the PSS doesn't care what the court says, Yussuf 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 Yussuf.
B. The Case of Ahed Kazaz
Ahed Kazaz was arrested on March 29, 1996 by the
Doura police, and taken to Doura detention center. The basis for his
interrogation was testimonies of Ali Abu-Korendel and Abu-Zneid. Ahed
Kazoos was accused of having a weapon.
While at Dura, Ahed Kazaz was tied to a chair and beaten until
unconscious. The next day, he was transferred to Dahariyeh. Once there, he
was beaten with fists and wooden clubs. The interrogators denied him
medicine for a pre-existing ulcer condition.
After three days, Ahed Kazaz was transferred once again, this time to the
Preventative Security Service. PSS officers kicked and beat him in the
courtyard until he lost consciousness. This was done five times in a row.
Then, Ahed Kazoos was taken to a cell. Fifteen minutes later, five young
men (not clear from where) beat him on the head and back, and stomach,
after being told of the ulcer. At night, cold water was poured on Ahed
Kazoos while he was dressed. He did not sleep that night, and was also
beaten numerous times.
On the next night, Kazaz's clothing was taken away. From 20:00 and until
02:00 he suffered from extreme cold, and was then placed right next to an
electric heater. This resulted in a severe headache. After thirty minutes,
his clothes were returned, and he was taken back to a cell that had no bed
or blankets. No food was given.
On the third night, Ahed Kazaz was beaten again. One interrogator stood in
the palm of his left hand, and another stood on his right palm. A third
held his legs securely with a rifle strap, while a fourth beat his feet.
(The signs of torture were visible when this testimony was taken.) The
torture continued for ten days in total. On February 9, Ahed Kazaz was
tried and declared innocent.
e signs of torture were visible when this
testimony was taken.) The torture continued for ten days in total. On
February 9, Ahed Kazaz was tried and declared innocent. |
