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June 12, 2001: Supreme Court Decision
Follow up on PHRMG and PCATI Urgent Action Appeal Concerning Palestinian Human Rights Activist Abed Rahman al-Ahmar. 

Israeli High Court closes its eyes to torture

UPDATE:

Today, 12 June 2001, the Israeli High Court of Justice rejected the petition submitted by Abed Rahman al-Ahmar, The Public Committee Against Torture in Israel (PCATI) and the Palestinian Human Rights Monitoring Group (PHRMG), demanding the immediate cessation of the torture of Mr. al-Ahmar and the provision of proper medical care denied to him until today.

Mr. Al-Ahmar was brought to the hearing, and representatives of PCATI, PHRMG, other human rights organizations and the media were also present.

The petition was based on two main points. First, that Mr. Al-Ahmar has been subjected to a form of torture known as "shabeh," whereby he was tied in very tight handcuffs to a slanted chair, with the front legs lower than the back legs. This position causes a tightening of the back muscles and strong pressure on the internal organs. The pain is exacerbated in Mr. Al-Ahmar's case by the hiatal hernia and back problems he already suffers from as a result of previous torture.

Secondly, Mr. Al-Ahmar has also been denied proper medical care, as he has not been given the medicine required by his medical condition. He was sent to the hospital for a gastroscopy, but was denied the numbing medication necessary to make this examination tolerable and hence refused to undergo the painful examination.

The State denied all the charges, and the justices heard the GSS' arguments in closed session.

Eventually, the Court dismissed the entire petition. Regarding the torture, the Court accepted as true the GSS denials, made behind closed doors, that it used torture, such as "shabeh." The judges added that they had observed the Petitioner, but could not see any evidence of torture. This is highly surprising given the fact that Mr. Al-Ahmar vomited in court, and that, when he showed the red marks on his wrists to the judges, they refused to let him approach for closer observation and decided to ignore the evidence of abuse.

The Court also ruled that Mr. Al-Ahmar was not given stronger medicine for his back because of his hernia, but did not order necessary alternative medication. The Court claimed that Mr. Al-Ahmar himself refused the medical examination that was offered to him, although Mr. Al-Ahmar took his decision only because he knew from past experience that a gastroscopy given without anesthesia causes excruciating pain.

PCATI and PHRMG are appalled by the decision of the Israeli High Court, which fails to uphold the standards of treatment for prisoners secured in its landmark decision of 6 September 1999 outlawing the torture of detainees. Presented with evidence that torture by the GSS has resumed, the High Court decided to close its eyes rather than take a courageous, proactive position. Today's decision seems once again to open the door to practices of torture.

TOMORROW, WEDNESDAY 5 PM, WE WILL HOLD A VIGIL OUTSIDE THE RUSSIAN COMPOUND DETENTION CENTER IN JERUSALEM TO PROTEST THE USE OF TORTURE BY THE GSS. COME AND JOIN US!

The next hearing on Mr. Al-Ahmar's detention may occur on Monday 18 June 2001 in the Military Court located inside the Russian Compound detention center, although the authorities have yet to inform his attorneys of the date.

BACKGROUND INFORMATION

Mr. Abed Rahman al-Ahmar is a well-known Palestinian human rights activist, who works as a field researcher with the Palestinian Human Rights Monitoring Group (PHRMG). Mr. Al-Ahmar was arrested and beaten by Israeli security forces on 24.5.2001 and has since been held in detention, first at Gush Etzion military detention center, and since Wednesday 30.5.2001 at the Russian Compound detention center in Jerusalem.

On Wednesday, 30.5.2001, Mr. al-Ahmar's detention was extended by 20 days, without the presence or the knowledge of Attorney Yossi Schwartz, who represented Mr. al-Ahmar and had just visited him on 27.5.2001. Attorney Schwartz filed an appeal of this extension on Monday, 4.6.2001, but the appeal was rejected the following day (5.6.2001) by the Military Court of Appeals in Beit El, West Bank.

On 10.6.2001, Attorney Allegra Pacheco discovered that Mr. Al-Ahmar had been tortured, shackled in tight handcuffs to a slanting chair for the entire day, a position known as "shabeh" and outlawed by the Israeli Supreme Court on 6 September 1999. A petition was filed with the High Court against the torture the next day, 11.6.2001.

Mr. al-Ahmar was imprisoned several times in the past. He was tortured repeatedly by the GSS while detained at the Russian Compound and, as a result, still suffers from a hiatal hernia and severe back problems. He sued the GSS for damages but the decision is still pending. He has now been adopted as a prisoner of conscience by Amnesty International.

LETTER-WRITING IS EFFECTIVE!

We sincerely thank all individuals and organizations who have expressed their concern about Mr. Al-Ahmar's detention. Such a letter-writing campaign is crucial to secure his release, stop his torture and pressure the Israeli authorites to provide him with adequate medical treatment. International pressure and attention helps. We have already received copies of more than one hundred letters of protest from all over the world. We urge you to continue writing letters every few days. We will update you continuously.

For further details please contact:

PCATI - Hannah Friedman: Tel. 02-5630073, 056-556442
PHRMG - Mireille Widmer: Tel. 02-5823372

Kindly send copies of emails, faxes, or other correspondence regarding Mr. al-Ahmar's detention to:

PHRMG <admin@phrmg.org> Fax 02-5823385
PCATI <pcati@netvision.net.il> Fax 02-566 5477

ALL THE COPIES OF YOUR LETTERS WILL BE KEPT AND GIVEN TO MR. AL-AHMAR AFTER HIS RELEASE!

 

 

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