CALL FOR IMMEDIATE INTERVENTION
from the Human Rights Action Project
"We have an order from the High Court to do whatever we want to with you. Prepare yourself."
Birzeit—Following a visit by the Human Rights Action Project (HRAP) lawyer today, Birzeit University remains gravely concerned about the health and well being of educational diploma student Mohammed Abdel-Aziz Hamdan from Ramallah. On Thursday, November 14, 1996, the Israeli High Court of Justice revoked its order of the previous day blocking the use of violence in the interrogation of Mohammed on the grounds that new evidence made unrestricted interrogation "necessary". On the same day, interrogators informed Mohammed, "We have an order from the High Court to do whatever we want to with you. Prepare yourself." General Security Services (GSS) agents resumed interrogation utilizing techniques that had been banned by the injunction including violent shaking.
This move by the High Court must be seen to further legalize the use of torture by the Israeli General Security Services (GSS). Permitting torture in response to the ambiguous utilization of a "condition of necessity" violates basic tenants of human rights standards which ban the use of torture in all circumstances, regardless of the allegations against a detainee.
Mohammed was arrested from his home on October 7, 1996, issued with a four-month order of administrative detention (detention without charge or trial), and taken to Megiddo Prison. On 24 October Israeli authorities transferred Mohammed from Megiddo to the Russian Compound in Jerusalem for interrogation. The HRAP was first informed of his detention and interrogation on 11 November by a family member. On the same day, HRAP lawyer Elia Theodory visited Mohammed in the Russian Compound and took from him an affidavit. Adv. Theodory immediately shared this information with Adv. André Rosenthal and asked that Rosenthal appeal to the High Court for an injunction against the use of violence.
According to the affidavit, Mohammed reached the Russian Compound on Thursday, 24 October at 2:00 am. He was transferred directly into interrogation by six Israeli GSS agents. The interrogators placed cuffs on Mohammed’s wrists and legs, tightening the bands to the point that he reported pain. On two separate occasions, interrogators shook Mohammed five or six times in rapid succession while he was tied to a chair with his hands behind him and his head tilted backwards. HRAP later learned that the interrogators shook Mohammed a third time on the afternoon of 11 November, after the lawyer visited.
During the first 11 days of interrogation Mohammed spent most of the time tied to a small chair with his hands and legs cuffed and a filthy sack placed over his head. He was permitted to sleep for approximately two hours every three days. Interrogators reportedly informed Mohammed that he would leave their custody only dead or paralyzed.
Adv. Rosenthal submitted a petition to the Israeli High Court of Justice for an injunction against the use of violence by the GSS on Wednesday, 13 November. At this time the GSS agreed to suspend the use of violence. The following day, however, Wednesday, November 14, the GSS returned to the High Court to request the revocation of the injunction on the grounds that new evidence made it "necessary" to interrogate Mohammed without restraint. The High Court granted the request and revoked the injunction. Mohammed, who had now been held by the Israeli authorities for 38 days, was returned to the Russian Compound for continued interrogation.
As noted above, immediately upon his return to the Russian Compound, Mohammed was placed under interrogation. On Friday, 15 November, Mohammed was again subjected to violent shaking. Sleep deprivation and position abuse have continued until today. During his visit today, Mohammed reported to his lawyer that despite the urgency reported by the GSS in the High Court, his interrogation has not focused on an alleged attack or even on his alleged knowledge of any such plans.
Please send immediate interventions calling for the halt to the use of violence in the interrogation of Mohammed Abdel-Aziz Hamdan and the reiteration of Israel’s commitment to the UN Convention against Torture which it signed in late 1991.
Mr. Binyamin Netanyahu,HRAP Press Release #15/1996