August 11, 2009
 21/2009

Statement

The Palestinian Independent Commission of Human Rights is deeply concerned about the recurrence of death cases among Palestinian civilians in the detention centers operated by the Palestinian Security agencies in the West Bank. ICHR has documented and monitored three deaths since January 2009, all of which occurred at such centers. That said, ICHR received information of the passing of Fadi Hussni Abdul Rahman Hassouneh, a 27 year old male native of Assira Shamaleyya, Nablus, in the morning hours of Monday, August 10, 2009. The deceased was withheld in the custody of the Chief of the Military Judicial Commission since June 15, 2009. The detention in itself is a grave violation of the modified Palestinian Basic Law and the decisions of the Supreme Court of Justice prohibiting the presentation of civilians before the military judiciary.

In its capacity as the Palestinian national human rights institution with the mandate to monitor and follow up on human right issues and cases, ICHR has, immediately after being informed of the death of the citizen in question, initiated the process of monitoring the steps and procedures of the initial investigation. ICHR commissioned a forensic expert from the Faculty of Medicine at Al-Najah University to participate in the autopsy jointly with experts seconded by the Department of Forensic Medicine at Ministry of Justice. This team will be joined today by a Danish forensic expert appointed by the deceased family and with logistical arrangement by Al-Haq. ICHR representatives initially examined and photographed the body before escorting the experts until the start of the autopsy process.

Regardless of the outcome of the ongoing investigation into the causes and circumstances of the death, ICHR believes that the illegal practices by the security agencies against detainees constitute direct as well as indirect causes of death. These practices include but are not limited to the application of physical and mental pressure, maltreatment of detainees and failure to follow proper legal procedures during arrest and detention. In addition, the security agencies are guilty of withholding detainees for prolonged periods and in places unregulated by the law or under harsh health and living conditions.

Nevertheless, the responsibilities of the security agencies do not absolve the Palestinian National Authority (PNA) from assuming its own responsibilities towards the detainees. For these reasons, ICHR calls for the PNA to:

1. Take into account all the circumstances of arrest and detention of the deceased and during the performance of the autopsy. The investigation should not be limited to the autopsy results but should include the aforementioned conditions which the deceased lived in before passing away.
2. Publicly disseminate all the results of the investigation and the circumstances surrounding the death of the aforementioned citizen, and make them available to the deceased family in particular.
3. Immediately withhold the presentation of civilians before the military judiciary and refer all such cases to the Public Civil Prosecution and the formal court of the inherent jurisdiction.
4. Transfer, in accordance with the law, all detainees withheld at the security agencies to formal detention centers that have appropriate conditions for detention.
5. Issue an official declaration prohibiting all forms of torture in the West Bank and the Gaza Strip. In this regard, the stance of the PNA should not be limited to verbal commitments issued by the President of the PNA and the Prime Minister.
6. Initiate all legal proceedings against all those found guilty of dereliction, neglect, or contribution to the cause of death of the citizen in question, or any other citizens. All persons implicated in taking part in such acts or covering up for any case of torture should be punished in accordance with the law. 
7. Facilitate ICHR's tasks enabling the conduct of meeting with all parties, and the organization of hearing sessions to collect affidavits and witness testimonies, particularly from those individuals who escorted and accompanied the deceased during the period of detention in order to verify information about the circumstances of the incident.

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