2016-11-20

Gaza

Gaza

His Excellency Public Prosecutor, Dr. Ismaeel Jaber

Subject: infringement of the detainee’s right to physical integrity (torture) and assault on the integrity of hospitals.

MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession received a written complaint filed by the citizen Alaa’ Al-Abed Abu Ghanimeh, on behalf of his brother Mohammad Al-Abed Youssef Abu-Ghanimeh who is detained in Al-Shuja’iyya prison against the backdrop of a dispute between Abu-Ghanimeh and Al-Batneeji families, since 12/11/2016 and to date.

In his written complaint to MUSAWA, the complainant stated that his detained brother, Mohammad Abu-Ghanimeh, was subjected to strappado (reverse hanging) and beating, causing a wound under his left eye according to the medical reports attached to the complaint. He also mentioned that his detained brother suffers from bruises all over his body as a result of the assault by night-shift officers of Al-Shuja’iyya police station. 

The complainant stated that his brothers, Hisham and Imad, are also detained in the same prison under the same charge. He added that his detained brother, Mohammad, was not referred to the Public Prosecution in the compulsory legal duration for the police to do so.

He added that due to the torture his detained brother, Mohammad, was exposed-to by members of the police, he was transferred to Dar Al-Shifa’ hospital in Gaza in the afternoon of Saturday 12/11/2016, where they assaulted and hit him on his right hand with the bottom of a rifle, thus breaking and crushing it from the inside. This happened before the very eyes of the employees who work officially at the aforementioned hospital. Also, the complainant mentioned that he and his family were prevented from visiting his brother, Mohammad, where he was put under custody, knowing that they had requested this several times.

Articles (32) and (13) of the Basic Law contain a prevention and prohibition of torture, stating that those who commit it shall be held accountable. Article (13) clearly state that “No person shall be subject to any duress or torture. Indictees and all persons deprived of their freedom shall receive proper treatment”. Also, Article (32) clearly states that “Any violation of any personal freedom, of the sanctity of the private life of human beings, or of any of the rights or liberties that have been guaranteed by law or by this Basic Law shall be considered a crime. Criminal and civil cases resulting from such violations may not be subject to any statute of limitations. The National Authority shall guarantee a fair remedy to those who suffer from such damage".

We, at MUSAWA, ask your Excellency to activate your oversight role on what goes on in prisons and detention centers. Moreover, we call upon you to look into the contents of this complaint. We demand that an investigation be conducted in the crime of torture and that detainees are not subjected to torture, preserving their constitutional right to physical integrity and human dignity. We also ask to allow the detainee’s family to visit his parents, contact his lawyer, provide fair trial guarantees for him, take the necessary legal action against the offenders, and publish any action taken by you in this regard without prejudice to the aggrieved party’s right to a fair remedy.

Furthermore, we kindly hope that your Excellency would take the appropriate legal action to put an end to assaults on the integrity of hospitals which embodies a grave infringement of human rights and represents an obstacle to medical services. We hope that our memo would be dealt with seriously, and we look forward to your duly response.

With all due respect,

Issued on: 20/11/2016

Attachments: medical reports (8)/ the complaint

Copy to:
Director of Al-Shuja’iyya Police Station
Directorate of Correction and Rehabilitation Centers
Head and members of the High Judicial Council
Ministry of Health/ General Manager of Al-Shifa’ hospital in Gaza

MUSAWA
Represented by/