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4. Death in Custody: The Case of
Khaled al-Bahar
(Was he killed? Or was it natural death?)
The
victim:
Khaled Mohammed Younis al-Bahar, 35 years,
from Beit-Ummar near Hebron, married with 3 sons and 3 daughters.
On 6.6.2000 at about the victim died in a
Preventive Security detention center in Dhahria south of Hebron, after he
was detained by the Preventive Security Service on 25.5.2000.
His
father Mohammed al-Bahar gave the PHRMG the following details:
On 24.5.2000 a group of men from the
Preventive Security Service came to the house of Khaled and asked for him.
When Khaled returned in the evening he was informed that the Preventive
Security asked for him.
The following morning, 25.5.2000, Khaled went to the
Preventive Security office in Halhoul where he was arrested without
explanation the reasons for that. Two days later he was transferred to
Dhahria prison for interrogation.
On 30 May 2000. I tried to visit Khaled,
taking him new clothes and cigarettes. I sat down with two interrogators
(one of them called Muhammed Mulhem) waiting to see my son, but they did
not allow me in. One of the interrogators told me “Khaled is stubborn, he
would have been released by now had he cooperated sooner. You better get
him a lawyer”.
So I hired advocate Munther Ismail
al-Batmah, a lawyer who had previously worked as legal advisor to the
Preventive Security in Bethlehem but they did not even allow the lawyer to
see him, and did not tell us what the charge was.
We contacted officials in the Preventive
Security and General Intelligence , and 10 days after his arrest we were
promised that he would be release on 6.6.2000. But on that day Khaled was
found dead in his cell, and we were shocked to hear that news.
We were informed that the body was in the
District building in Hebron (al-Muqata’a). We went there and saw
Khaled’s body laid flat on a table, with blue marks on the face and
forehead, and a blue ring visible on the neck. We demanded that an autopsy
be carried out in Abu-Kabir (Tel-Aviv) but the PA refused, so it was
agreed in the end to have an autopsy done in Abu-Dis (West Bank) provided
that two physicians from the side of the family attend as observers (Dr.
Samir al-Qadi from Soreef, and Dr. Issa Kdeimat from Kharas). It was also
agreed that an investigation committee be formed to determine how Khaled
died.
On 7.6.2000, prior to the autopsy, Colonel
Jibreel al-Rujoub, Head of the Preventive Security service in the West
Bank, announced in al-Quds daily newspaper that the cause for Khaled
al-Bahar’s death was a heart attack. He published “The preliminary report,
by the physician who examined Khaled Bahar, before his death, revealed
that he had suffered a heart attack”.
The autopsy, carried by Dr. Jalal Jaberi,
Director-General of Forensic Medicine in Palestine, was performed on
Wednesday 7.6.2000 at the Forensic center in Abu-Dis east of Jerusalem.
The autopsy lasted four hours and a half. The body was released to the
family on that afternoon to be buried in Beit-Ummar.
Khaled’s father said that he was sure they
tortured his son in Dhahria prison, because there were marks on his legs
and forehead, he was probably beaten by wooden clubs and metal wires.
Moreover, the signs of a rope tied very tightly around his neck were very
visible, and that probably led to his death.
Dr. Samir Qadi and Dr. Issa Kdeimat who
were commissioned by the al-Bahar family to attend the autopsy told the
Mandela Institute for Human Rights: [ The autopsy showed no signs of
physical violence whether on the skin or underneath it, the muscle tissue
or the bones. The head was totally blue in color. An amount of food was
still in the stomach while some of it was present in the trachea. The
larynx was dark blue and swollen. Apparently, suffocation was caused by
choking on food ] .
Khaled’s father demanded that the
investigation into the accident be completed soon and that if any one was
found guilty of the death of his son, they be punished. He also demanded
that human rights organizations publish and reveal all violations
committed inside the prisons of the Palestinian Authority.
Meanwhile, Colonel Jibreel al-Rujoub, Head
of the Preventive Security Service in the West Bank, has tried to solve
the case by holding a family reconciliation (Sulha), but Khaled’s
father refused, and insisted on continuing the investigation into the
death. The family also demanded a copy of the autopsy report as soon as
possible. The Deputy Director of police in Hebron District assured the
al-Bahar family that they will continue the investigation into the death
of their son. Colonel al-Rujoub was seen in Dhahria area investigating and
asking questions.
Bassem Eid, Director of the PHRMG, told
al-Risala weekly newspaper:
[ Every time such cases of death in custody
occur, the Preventive Security Service declares that they will investigate
the matter, but no results are ever announced ] Mr. Eid added: [ This was
case number 23 of death in custody since the coming of the Palestinian
Authority, and we hope that the rule of law would be implemented for the
good of the citizen and the Authority itself ] Mr. Eid told Israel Radio
in an interview on 8.6.200:
[ I hope the Preventive Security Service
will not arrest Ibrahim al-Bahar, the victim’s cousin, because he spoke
frankly about his suspicions regarding the death of Khaled al-Bahar ] He
added [ The case remains unclear, and we hope the PA will inform the
victim’s family of the true cause of his death ].
Al-Bahar family declared that Khaled did not suffer
from any disease or illness in the past and that he was in very good
health when he was detained. They also stated that when they went to see
the body in ‘Alia hospital, the doctors informed them that Khaled arrived
dead to the hospital. Moreover, Khaled’s father said that he met District
Attorney Ahmad Toubasi at ‘Alia hospital, and that the latter confirmed “
(He) did not sign a warrant for Khaled’s arrest” .
On the 7.6.2000 the PHRMG issued the
following Press Release:
Press release
Jerusalem, June 7 2000
First death in PA custody this year
Khaled Mohammed Younis al-Bahar (35) died in the
custody of Palestinian police at Dhaheria prison yesterday, June 6 2000.
Khaled left behind his wife and six children. He was arrested on May 25
2000 by the Preventive Security Service without being presented with any
charges. Khaled’s family still claims not to know what the charges
were, and his family was not allowed to visit him in prison.
Khaled was found dead in his cell at 6.00 p.m.
yesterday and was taken to Hebron for an autopsy against the wish of the
family. They demanded the autopsy be performed in Abu-Kabir (Tel Aviv),
a demand rejected by the PA. It was agreed to hold the autopsy in
Abu-Dis, provided that two physicians from the family’s side attended as
observers.
Colonel Jibril al-Rajoub, Head of the Preventive
Security Service in the West Bank announced today in Al Quds newspaper
that Khaled died of a heart attack, this came before the results of the
autopsy were released.
Since the establishment of the Palestinian
Authority, this is the 23rd death in the custody in Palestinian prisons.
In none of the cases were autopsy reports released. In each case, the PA
established an investigating committee to look into the deaths, but
until today there have been no conclusions or recommendations from these
committees.
The Palestinian Human Rights Monitoring Group
(PHRMG) strongly protests against the practice of not releasing the
autopsy or medical reports of prisoners who die in Palestinian custody.
The families of the deceased have the right to receive the autopsy
reports and any medical evidence collected. Further, The PHRMG calls
upon the Palestinian Authority to establish a forensic department
totally independent from the Ministry of Justice, the Ministry of
Prisoners Affairs and the Palestinian police and security forces.
Ten minutes after Bassem Eid, the director of the
Palestinian Human Rights Monitoring Group (PHRMG), gave a radio
interview about this case, the PHRMG office received a phone call from
Riyad Kabaha, a lieutenant at the Palestinian police in Ramallah. He
demanded to know the whereabouts of Bassem Eid and to get his mobile
phone number.
Questions demanding
Answers
After an investigation into the death in
custody of Khaled al-Bahar, the PHRMG raised the following questions:
1. What was the legal justification for
Khaled al-Bahar’s detention?
2. Why did the PA refuse to allow his lawyer
or family to visit him?
3. What legal procedures, if any, were
followed during the first 48 hours of his arrest?
4. What were the conditions of Mr. Bahar in
detention?
5. What steps, if any, were taken to save
his life?
6. To what extent does the statement of
Colonel al-Rujoub, in al-Quds newspaper on 7.6.00 concur with the autopsy
results?
7. Why were representatives of human rights
organizations prevented from observing the autopsy?
Conclusion
Thus, the PHRMG:
1. Holds the Preventive Security Service
fully responsible for the death in custody of Khaled al-Bahar.
2. Calls for immediate publication of the
results of the investigation into this case, and for timely trials of
those responsible for Khaled al-Bahar’s death either actively or through
negligence.
3. Calls upon the PA to implement effective
measures to prevent such deaths in the future.
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