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26 December 1996
Press Release (UPDATE)

MOHAMMAD HAMDAN ISSUED WITH ADMINISTRATIVE DETENTION
After 62-day interrogation, Hamdan ordered detained without charge

from the Public Relations Office

Birzeit—On 24 December, Birzeit University student Mohammed Abdel-Aziz Hamdan was issued with a four-month order of administrative detention ending 62 days of interrogation by the Israeli General Security Service. He is currently in the Russian Compound awaiting transfer to Megiddo Prison. Mr. Hamdan’s case 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. At the end of this extended and often abusive interrogation, Mr. Hamdan was not charged with any offense. (Administrative detention is detention without charge or trial.)

A brief summary of his case follows.

TIMELINE

7 OCTOBER ARRESTED Arrested from his home for four-months order of administrative detention.
24 OCTOBER INTERROGATION BEGINS Transferred from Megiddo Prison to the Russian Compound for Interrogations
28 OCTOBER REMAND Remanded in custody until 21 November.
13 NOVEMBER INJUNCTION REQUESTED/ GRANTED Application submitted to Israeli High Court for injunction against the use of violence in interrogation. Interim injunction granted in pre-trial proceedings.
14 NOVEMBER INJUNCTION REVOKED At the request of the Israeli General Security Service (GSS), High Court reverses decision of 13 November and cancels the interim injunction against violence.
20 NOVEMBER REMAND Remanded in custody until 10 December.
26-28 NOV. DEPORTATION THREATENED Hamdan taken to Lebanese border for two days and threatened with deportation. Hamdan taken to Lebanese border for two days and threatened with deportation.
10 DECEMBER REMAND Remanded in custody until 24 December.
17 DECEMBER INJUNCTION RE-INSTITUTED Israeli High Court reinstituted the injunction against the use of violence in interrogation of Hamdan, after receiving agreement from the GSS.
24 DECEMBER ADMINISTRATIVE DETENTION Following a ruling of the appeal court that Hamdan could not be remanded in custody after 24 December, Hamdan issued with four-month order for administrative detention.

BACKGROUND

Mr. Hamdan, a Birzeit University educational diploma 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 the defendant "possesse[d] extremely vital information the immediate procurement of which would help save human lives and prevent serious terrorist attacks in Israel" and therefore 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. This remand was appealed on 28 November and the appeal was rejected.

Between 26-28 November, Mr. Hamdan was taken by the General Security Services to the Lebanese border and threatened with deportation. He was then returned to the Russian Compound for interrogation. His detention was extended for a third time on 10 December for 15 days. In the appeal against this extension the judge in the appeal court ordered that at the end of 15 days (24 December) Mr. Hamdan either be charged or released. On 17 December after more than one-month of interrogation "without restrictions", the High Court—with the agreement of the General Security Services—reinstituted the injunction against the use of violence in interrogation.

On 24 December Mr. Hamdan was issued with a new four-month order of administrative detention. Administrative detention is detention without charge or trial.

For more information contact: Human Rights Action Project

[ENDS]


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