Birzeit--Today, 7 January 1998, a session of the Israeli High Court of Justice with nine judges presiding will rule whether the use of violent interrogation methods in the case of Birzeit University student Fuad Awad Qur’an constitutes torture. Today’s session is the result of a previous petition to the Israeli Attorney General by the Public Committee Against Torture, in conjunction with the Human Rights Action Project of Birzeit University, to request information on the methods of interrogation being used in the case of Fuad Qur’an. The response of the Attorney General stated that the methods used included hooding with a filthy sack, sleep deprivation, continuous loud music and shabeh (position abuse usually involving a prisoner tied to a small chair with his hands tied back and head tilted backwards for extended periods of time). The outcome of today’s court case will be crucial to the continued efforts of human rights organizations to define and ban the use of torture by Israel. In the past, Israel has approved the use of what it calls "moderate physical pressure" during interrogation of detainees and has denied that these methods are defined as torture.
Fuad Awad Qur’an was arrested while on his way home from Birzeit University on 10 December 1997 by the Israeli Military Authorities. Elia Theodory, the Human Rights Action Project lawyer, was only able to locate him four days after his arrest at the Russian Compound in Jerusalem, where Fuad had been taken for interrogation. Since his detention, Fuad has been prevented from meeting with the lawyer, and has been subject to violent interrogation methods for a period of 29 days. On 16 December, the lawyer attempted to visit Fuad, but was told that there was an order preventing any visits until 18 December and that his interrogation period was extended until 25 December. The prevention order was subsequently extended twice, first on 22 December and again until 4 January 1998. A court date has also been set for the extension of Fuad’s interrogation period for 8 January 1998. To date, despite repeated efforts to visit and appeals to revoke the prevention order, the lawyer has been unable to speak to Fuad, who remains in interrogation.
Birzeit University and the Human Rights Action Project is gravely concerned for the well being of Fuad Awad Qur’an and the negative implications of his prevention to speak to a lawyer. We also remind Israel of its commitment to the UN Convention Against Torture, which it signed in 1991, which defines torture as:
"...any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed...when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. "
It is hoped that today’s ruling by the Israeli High Court will reflect this commitment and will result in the banning of the use of physical force and other abusive methods in interrogation. The use of such interrogation methods constitutes torture and violates the basic tenants of human rights standards which ban the use of torture in all circumstances, regardless of the allegations against a detainee.
Please send immediate interventions calling for the halt to the use of violence in the interrogation of Fuad Awad Qur’an and the reiteration of Israel’s commitment to the UN Convention against Torture.
Mr. Binyamin Netanyahu,
Prime Minister
Office of the Prime Minister
3 Kaplan Street,
Hakirya, Jerusalem 91007 (via Israel)
Fax: +972-2-653-5178 or +972-3-697-7839
E-mail: likud1@likud.org.il
Prof. Yaakov Neeman,
Justice Minister
Ministry of Justice
29 Salah al-Din Street
East Jerusalem 91029 (via Israel)
Fax: +972-2-628-5438
E-Mail: ask@Israel-info.gov.il (attn.: Ministry of Justice)
Israeli Attorney General
P.O. Box 1087
Jerusalem (via Israel)
Fax: +972-2-586-9473
[ENDS]
Human Rights Action Project homepage - http://www.birzeit.edu/hrap/