"Public Committe Against Torture in Israel" <pcati@netvision.net.il> Date Thu, 6 Nov 2003 11:36 AM
To mideast@derechos.net
Subject [mideast] Report on petition to the High Court of Justice
Incommunicado Detention
4.11.2003
Ashraf Mohammed Hasan Hussein, ID 907910715
H/46
High Court of Justice case # 9268/03
The Public Committee Against Torture in Israel (PCATI) would like to inform
the international community of the incommunicado detention in blatant
violation of international law of Ashraf Mohammed Hasan Hussein, a resident
of the Ras-Elayin refugee camp in Nablus.
Details of arrest: Ashraf Mohammed Hasan Hussein was arrested on 25.9.03
and detained in the Hawara Military Camp for two nights. He has since been
held in the GSS Interrogation Unit at the Petah Tikva Detention Center.
Period in incommunicado detention: 25 days.
HCJ petition details: On 14.10.03, an Order Prohibiting Meeting with
Counsel valid for 7 days was imposed against Mr. Hussein. Therefore, Mr.
Husseins attorney, Muhammad Abid, was unable to meet with him, speak with
him or advise him of his rights at the hearing on the extension of Mr.
Husseins detention that was held on 15.10.03. Attorney Husam Younis, who
was asked to represent Mr. Hussein on the matter of his incommunicado
detention spoke with a police interrogator who appeared at the hearing and
was informed that Mr. Hussein was not prohibited from meeting with counsel
during the first days of his detention.
On 16.10.03 Attorney Husam Younis representing PCATI filed an urgent
petition to the High Court of Justice on behalf of Ashraf Mohammed Hasan
Hussein demanding that the Order Prohibiting Meeting with Counsel be lifted
and that Mr. Hussein be allowed to meet with counsel. (HCJ 9268/03 Ashraf
Mohammed Hasan Hussein vs. the Minister of Defense and the General Security
Service).
HCJ hearing outcome: On 19.10.03 the above petition was withdrawn after
PCATI was informed by the State Attorneys office that Mr. Hussein would be
allowed to meet with counsel from the morning of 20.10.03.
Torture/other ill-treatment: In a sworn affidavit collected by Attorney
Younis on 2.11.03, Mr. Hussein states that he was interrogated for
approximately 20 days for many hours each day. He complains of violence
during his arrest stating that he was severely beaten by the soldiers who
arrested him who also knocked his head against the floor of their jeep and
stepped on him. He also states that when he was at the Hawara Camp, after
calling for help to one of the soldiers because a fellow detainee was sick,
he was taken outside and tied to a pole by soldiers who beat him all over
his body with their clubs.
Current situation: Ashraf Mohammed Hasan Hussein is still being held at the
Petah Tikva Detention Center.
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Non-Turkish Crimes Against Humanity