4 February 1997

The body of Yussef Ismail al Baba, the Palestinian prisoner who was tortured to death on 1 February in the Palestinian prison in Nablus, remains in Rafidiyye hospital in Nablus. Thus far, neither the family, the family’s doctor, nor the family’s lawyer have been allowed to see the body. The Palestinian Authority has refused to hand over the body unless the family agrees to bury the body immediately. The family, through their lawyer from LAW, have insisted on obtaining another autopsy.

Sources from the hospital, who refuse to be identified for fear of reprisal, have said that al Baba died of massive internal hemorrhage. In addition, on 30 January he was transferred to hospital in serious condition but sent back to interrogation the same day. He died two days later.

During a interview with Reuters, Palestinian Justice Minister Freih Abu Medein for the first time publicly admitted problems with the administration of justice in the Palestinian Autonomous Areas. He admitted that Mr. al Baba was arrested arbitrarily, without the knowledge of the police or the PA Attorney General, and without an order for his arrest. Finally, he acknowledged that the entire hospital file on Mr. al Baba had disappeared from Rafidiyye hospital.

LAW condemns in the strongest possible terms the continuing use of torture in Palestinian prisons, and the chaotic and arbitrary nature of the eleven Palestinian security forces. The fact that Mr. al Baba was arrested by Military Intelligence for a non-security related offense shows the random nature of the work of these forces.

While Mr. Abu Medein has said that several officers have been arrested in connection with the torture death, this does not begin to address the heart of the problem. The security forces must be held accountable for their actions, control must be imposed on the different branches of the security forces, and torture must immediately be eliminated as a tool for interrogation. LAW calls for an independent commission of inquiry to be established to investigate this affair, comprised of judges, lawyers and human rights activists to ensure transparency and future accountability. Please urgently send your faxes to: President Yasser Arafat (972) (7) 822365/6, Justice Minister Freih Abu Medein (972) (7) 822236 and Attorney General Khaled al Qidra (972) (7) 824503.

LAW - The Palestinian Society for the Protection of Human Rights and the Environment is a non-governmental organization, dedicated to preserving human rights through legal advocacy. LAW is also an affiliate member of the Paris-based International Federation for Human Rights.