Birzeit—Late in the evening on Thursday, November 28, 1996, Birzeit University student Mohammed Abdel-Aziz Hamdan was returned by Israeli prison authorities into the interrogation section of the Russian Compound in Jerusalem after spending two days at an undisclosed location "30 kilometers" from the Lebanese border, where he was threatened with deportation. Mr. Hamdan, whose case has received worldwide attention following a 14 November decision by the Israeli High Court allowing interrogators to use physical force and other abusive methods in his interrogation, was returned to the Russian Compound after a 24-hour search by his lawyers. Following a visit on Friday morning, Adv. Elia Theodory reported that Mr. Hamdan, exhausted from the traumatic experience, was still frightened that he would be deported in the coming period.
According to his statement to Adv. Theodory, General Security Services (GSS) agents informed Mr. Hamdan that the Israeli minister of defense had ordered him deported with other people. Mr. Hamdan was taken from the Russian Compound on Tuesday, 26 November and placed in a prison service vehicle with other detainees. During the drive to the north, Mr. Hamdan reported hearing a radio news broadcast reporting a government decision to deport members of Islamic Jihad. Upon reaching a detention facility reported by the prison officials to be "30 kilometers" from the Lebanese Border, prison officials informed him that he would be deported to Lebanon and gave him clothing and a copy of the Qur’an. He remained in the same facility for two nights with the group of detainees that had traveled with him from Jerusalem and others. On Thursday, 28 November, a prison official informed him that he would be released to return to his home in Beit Sira, Ramallah. Afterward he was transferred to al-Jalameh Prison (Kishon) near Haifa and then to the Russian Compound, arriving in Jerusalem after 6:00 pm. Upon his return, GSS agents informed him that the decision to deport him had been cancelled.
In related developments, the military appeal court in Beit El, near Ramallah, rejected an appeal against the 20 November decision to remand Mr. Hamdan in custody for 21 days. According to this decision Mr. Hamdan’s interrogation will continue at least until 10 December.
Mr. Hamdan, a Birzeit University student from Ramallah district, was arrested from his home on October 7, 1996, issued with a four-month order of administrative detention, and taken to Megiddo Prison. On 24 October, Israeli authorities transferred Mr. Hamdan from Megiddo to the Russian Compound in Jerusalem for interrogation. On the same day, Adv. Theodory first heard of his detention on 11 November. Theodory visited Mr. Hamdan in the Russian Compound on the same day 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, Mr. Hamdan reached the Russian Compound on Thursday, 24 October at 2:00 am. He was transferred directly into interrogation by six Israeli General Security Services (GSS) agents. On three separate occasions before an injunction was issued, interrogators violently shook Mr. Hamdan while he was tied to a chair with his hands behind him and his head tilted backwards. During the first eleven days of interrogation Mr. Hamdan spent most of the time tied to a small chair with his hands and legs cuffed and a filthy hood placed over his head. He was beaten each time he fell asleep and thereby was prevented from sleeping for more than approximately two hours every three days. Interrogators reportedly threatened Mr. Hamdan 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, 14 November, 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 Mr. Hamdan without restraint. The High Court granted the request and revoked the injunction. Mr. Hamdan, who had now been held by the Israeli authorities for 38 days, was returned to the Russian Compound for continued interrogation.
In two visits following this Mr. Hamdan reported to his lawyers that the interrogators have returned to the previous techniques including one episode of violent shaking, and prolonged sleep deprivation. On 20 November Mr. Hamdan was remanded in custody for 21 days, a period ending on 10 December. He remains until today in the custody of the General Security Services.
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Birzeit University calls again on Israel to take immediate steps to protect the health and well-being of Mohammed Abdel-Aziz Hamdan and all Palestinian detainees. In the face of the third decision in 16 days by the Israeli High Court permitting the use of violence in interrogation of a Palestinian detainee (on Friday 29 November), Birzeit University calls on Israel to desist from the use of physical force and other abusive methods in interrogation and to take a firm stand against torture. Finally, the university reminds Israel that deportation is explicitly banned by Article 49 of the Fourth Geneva Convention.
For more information contact: Human Rights Action Project.
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