Israel/OPT
05.04.04
Urgent Interventions
Israel: extra-judicial killing and detention of members of the Abu-Hin family
Case ISR 050404
Arbitrary detention / Extra-judicial killing / Ill treatment / Torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Occupied Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Public Committee Against Torture in Israel, a member of the OMCT network, of the arbitrary arrest and detention, ill treatment and torture of 28-year old Mr. Osama Abu-Hin, as well as the extra-judicial killing of three of his family members.
According to the information received, Mr. Osama Abu-Hin was arrested around 11:30 AM on May 1, 2003 in his home in Gaza when Israeli Defence Forces (IDF) soldiers broke into his home and killed three members of his family while arresting him. The Israeli forces moved into the Al Shajaiya neighbourhood in Gaza City at approximately 1:45 AM on 1.5.03. The forces surrounded a number of houses belonging to the Abu Hin family. They threw hand grenades at one of the houses where three of Osama Abu Hin's brothers, Yousuf, 33, Ayman, 29 and Mahmoud, 38, were taking shelter. Using megaphones, the forces called on the three to get out of the house but they refused. In the afternoon the forces fired several artillery, machine gun and tank shells at the house although the three brothers were still inside. The roof of the house collapsed on Yusuf and Manmoud killing them. The body of the third brother, Ayman, ws found near the house. He had been shot several times. Yusuf was reportedly wanted for his activities in the Hamas. Mr. Osama Abu Hin was arrested along with another member of the family, Yasser Abu Hin, a 25 year old journalist. The soldiers tied Mr. Osama Abu-Hin’s hands with tight handcuffs, covered his eyes and transferred him to the Erez detention facility where he was kept in a 2 square meter cell together with two other persons (and sometimes three) in conditions that constitute ill treatment.
There was no toilet in the cell and the detainees were forced to use a bucket in the corner, resulting in extremely bad odours. The cell had no artificial light or mattresses and the inmates had to sleep on the floor. The cell also had only one window without glass, thus exposing the inmates to the elements, flies and mosquitoes. While at the Erez detention facility, Mr. Abu-Hin was interrogated by the GSS officers three times, lasting four hours each. His interrogators threatened him with violence, sexual harassment and sodomy if he did not confess to the crimes he was charged with. During the last eight days of his detention in the Erez facility, Mr. Abu-Hin was kept in solitary confinement. After that, on May 18th, 2003, he was transferred to the Shikma detention centre in Ashkelon.
In the Shikma detention centre he was interrogated every single day, from 10:00 AM until 8:00 PM, and during all this time Mr. Abu-Hin was seated on a low stool with his hands and legs tied in tight-fitting chains, drawing blood. This technique is part of those known as “Shabeh,” which were outlawed by a High Court of Justice ruling in 1999. OMCT recalls that in 1999 the Israeli High Court of Justice outlawed, one by one, the most frequently used methods of torture, beginning with violent shaking, continuing with squatting and the "shabeh" methods (covering the head with a sack, playing loud music and tying to a small, tilted chair), and ending up with sleep deprivation (as a means of applying pressure) and painful shackling. The Court ruled that these methods cause suffering (and when applied cumulatively - as in the "shabeh" method - particular suffering and pain) to those being interrogated and degrade their dignity, and are therefore illegal. In addition, OMCT would like to highlight the fact that the United Nations Committee Against Torture concluded in 1997 that these methods constitute torture, in particular when used in combination.
During all of this, the victim's back was bent backwards. His interrogators habitually slapped him on the face and threatened to demolish his home and arrest the members of his family if he did not confess. Mr. Abu-Hin is currently being detained at the Ketziot Detention Facility in the Negev.
The International Secretariat of the OMCT is gravely concerned for Mr. Abu-Hin’s physical and psychological integrity. OMCT condemns the excessive use of force employed during his arrest, which resulted in the killing of three members of his family members. OMCT calls upon the authorities to order a thorough and impartial investigation into the circumstances of Mr. Abu-Hin’s arrest and the allegations of the use of ill treatment and torture, as well as the killings of his family members, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. OMCT also urges the authorities in Israel to guarantee that adequate reparation is provided to Mr. Abu-Hin and his family.
Action requested
Please write to the authorities in Israel urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Abu-Hin;
ii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of Mr. Abu-Hin’s arrest and the allegations of the use of ill treatment and torture, as well as the killings of his family members, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee that adequate reparation is provided to Mr. Abu-Hin and his family;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Prime Minister, Ariel Sharon, Office of the Prime Minister, 3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel, Fax: +972 2 6512631/6705475, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il
· Minister of Justice, Yosef Lapid, 29 Salah al-Din Street, Jerusalem 91010, Israel, Fax : +972-2-675-3764 / 628 5438, E-mail: sar@justice.gov.il
· Minister of Internal Security, Tzachi Hanegbi, Fax: +972-2-581-1832
· Attorney General, Menachem Mazuz, Fax: +972-2-627-4481
· Ambassador Yaakov Levy, Av. de la Paix 1-3, CH-1202, Genève, Suisse, E-mail: mission-israel@geneva.mfa.gov.il, Fax: +4122 716 05 55
Please also write to the embassies of Israel in your respective country.
Geneva, April 5th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary detention / Extra-judicial killing / Ill treatment / Torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Occupied Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Public Committee Against Torture in Israel, a member of the OMCT network, of the arbitrary arrest and detention, ill treatment and torture of 28-year old Mr. Osama Abu-Hin, as well as the extra-judicial killing of three of his family members.
According to the information received, Mr. Osama Abu-Hin was arrested around 11:30 AM on May 1, 2003 in his home in Gaza when Israeli Defence Forces (IDF) soldiers broke into his home and killed three members of his family while arresting him. The Israeli forces moved into the Al Shajaiya neighbourhood in Gaza City at approximately 1:45 AM on 1.5.03. The forces surrounded a number of houses belonging to the Abu Hin family. They threw hand grenades at one of the houses where three of Osama Abu Hin's brothers, Yousuf, 33, Ayman, 29 and Mahmoud, 38, were taking shelter. Using megaphones, the forces called on the three to get out of the house but they refused. In the afternoon the forces fired several artillery, machine gun and tank shells at the house although the three brothers were still inside. The roof of the house collapsed on Yusuf and Manmoud killing them. The body of the third brother, Ayman, ws found near the house. He had been shot several times. Yusuf was reportedly wanted for his activities in the Hamas. Mr. Osama Abu Hin was arrested along with another member of the family, Yasser Abu Hin, a 25 year old journalist. The soldiers tied Mr. Osama Abu-Hin’s hands with tight handcuffs, covered his eyes and transferred him to the Erez detention facility where he was kept in a 2 square meter cell together with two other persons (and sometimes three) in conditions that constitute ill treatment.
There was no toilet in the cell and the detainees were forced to use a bucket in the corner, resulting in extremely bad odours. The cell had no artificial light or mattresses and the inmates had to sleep on the floor. The cell also had only one window without glass, thus exposing the inmates to the elements, flies and mosquitoes. While at the Erez detention facility, Mr. Abu-Hin was interrogated by the GSS officers three times, lasting four hours each. His interrogators threatened him with violence, sexual harassment and sodomy if he did not confess to the crimes he was charged with. During the last eight days of his detention in the Erez facility, Mr. Abu-Hin was kept in solitary confinement. After that, on May 18th, 2003, he was transferred to the Shikma detention centre in Ashkelon.
In the Shikma detention centre he was interrogated every single day, from 10:00 AM until 8:00 PM, and during all this time Mr. Abu-Hin was seated on a low stool with his hands and legs tied in tight-fitting chains, drawing blood. This technique is part of those known as “Shabeh,” which were outlawed by a High Court of Justice ruling in 1999. OMCT recalls that in 1999 the Israeli High Court of Justice outlawed, one by one, the most frequently used methods of torture, beginning with violent shaking, continuing with squatting and the "shabeh" methods (covering the head with a sack, playing loud music and tying to a small, tilted chair), and ending up with sleep deprivation (as a means of applying pressure) and painful shackling. The Court ruled that these methods cause suffering (and when applied cumulatively - as in the "shabeh" method - particular suffering and pain) to those being interrogated and degrade their dignity, and are therefore illegal. In addition, OMCT would like to highlight the fact that the United Nations Committee Against Torture concluded in 1997 that these methods constitute torture, in particular when used in combination.
During all of this, the victim's back was bent backwards. His interrogators habitually slapped him on the face and threatened to demolish his home and arrest the members of his family if he did not confess. Mr. Abu-Hin is currently being detained at the Ketziot Detention Facility in the Negev.
The International Secretariat of the OMCT is gravely concerned for Mr. Abu-Hin’s physical and psychological integrity. OMCT condemns the excessive use of force employed during his arrest, which resulted in the killing of three members of his family members. OMCT calls upon the authorities to order a thorough and impartial investigation into the circumstances of Mr. Abu-Hin’s arrest and the allegations of the use of ill treatment and torture, as well as the killings of his family members, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. OMCT also urges the authorities in Israel to guarantee that adequate reparation is provided to Mr. Abu-Hin and his family.
Action requested
Please write to the authorities in Israel urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Abu-Hin;
ii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of Mr. Abu-Hin’s arrest and the allegations of the use of ill treatment and torture, as well as the killings of his family members, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee that adequate reparation is provided to Mr. Abu-Hin and his family;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Prime Minister, Ariel Sharon, Office of the Prime Minister, 3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel, Fax: +972 2 6512631/6705475, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il
· Minister of Justice, Yosef Lapid, 29 Salah al-Din Street, Jerusalem 91010, Israel, Fax : +972-2-675-3764 / 628 5438, E-mail: sar@justice.gov.il
· Minister of Internal Security, Tzachi Hanegbi, Fax: +972-2-581-1832
· Attorney General, Menachem Mazuz, Fax: +972-2-627-4481
· Ambassador Yaakov Levy, Av. de la Paix 1-3, CH-1202, Genève, Suisse, E-mail: mission-israel@geneva.mfa.gov.il, Fax: +4122 716 05 55
Please also write to the embassies of Israel in your respective country.
Geneva, April 5th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.