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Israel / Palestinian Authority: Further information on torture / legal concern and new health concern

, Index number: MDE 15/076/1996

Adib Muhammad Ziadeh, aged 26; and new names: Mustapha Atari, student of architectural engineering, aged 28, Muhammad Ba'lushi, student of sociology, aged 24, Hussain al-Silk, computer worker, aged 28, Jack Nazzal, medical laboratory worker: The above, who was arrested without warrant on 8 March 1996 and was reportedly tortured, remains detained without charge or trial. He is now in Ramallah Prison. He and four other detainees held without charge or trial have been on hunger-strike since 4 November in protest at their detention.

EXTERNAL AI Index: MDE 15/76/96
21 November 1996
Further information on UA 96/96 (MDE 15/25/96, 4 April 1996) and follow-up
(MDE 15/33/96, 13 May) - Torture / Legal Concern and new Health concern
PALESTINIAN AUTHORITYAdib Muhammad Ziadeh, student, aged 26
and new names: Mustapha Atari, student of architectural engineering, aged
28
Muhammad Ba'lushi, student of sociology, aged 24
Hussain al-Silk, computer worker, aged 28
Jack Nazzal, medical laboratory worker
Adib Ziadeh, who was arrested without warrant on 8 March 1996 and subsequently
reportedly tortured in Jericho, remains detained without charge or trial. He
is now in Ramallah Prison. He and four other detainees held without charge
or trial have been on hunger-strike since 4 November in protest at their
detention.
Mustapha Atari and Muhammad Ba'lushi, both students at Birzeit University,
have been detained in Ramallah without ever being interrogated, charged or
tried. On 18 August 1996 the High Court of Justice in Ramallah ordered their
release on the grounds that their detention was illegal. However, this order
has been ignored by the Palestinian Authority. Their continued detention without
charge or trial is contrary to Articles 9 and 14 of the International Covenant
on Civil and Political Rights, which President Arafat has pledged to respect.
Moreover, the refusal to implement the court orders contravenes the United
Nations Basic Principles on the Independence of the Judiciary.
The fourth draft of the Palestinian Authority Basic Law states that "No person
shall be subjected to arbitrary arrest or detention. No person shall be deprived
of his liberty except on such grounds and in accordance with such procedures
as are established by law". Hundreds of people have been arrested and detained
outside the law since May 1994 when the Palestinian Authority came into
existence, many have been detained for months before being released, uncharged.
Access to lawyers and families has been delayed for weeks or never granted
at all.
Amnesty International called for an investigation into the reported torture
of Adib Ziadeh, but is concerned that the investigations that were undertaken
were unofficial and that the procedures and results of the investigations were
not made public.
FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/
airmail letters in Arabic/English or in your own language:
- expressing concern about the prolonged detention without charge or trial
of the four detainees named above, and for their consequent health and
well-being;
- calling for their immediate release unless they are to be promptly charged
with a recognizably criminal offence and tried before a court which meets
international standards for fair trial;
- noting that the Palestinian Authority has ignored High Court orders to release
Mustapha Atari and Muhammad Ba'lushi in contravention of the United Nations
Basic Principles on the Independence of the Judiciary;
2
- calling once more for an official investigation into the torture allegations
of Adib Ziadeh, the results of which should be made public and those responsible
should be brought to justice in a fair trial.
APPEALS TO:
1) President Yasser Arafat
Palestinian Authority
Al-Muntada
Gaza, Palestinian Authority
Faxes: +972 7 822 365 (ask to send a fax)
Telegrams: President Arafat, Gaza, Palestinian Authority
Salutation: Dear President Arafat
2) Mustapha 'Issa (Abu Firas)
District Governor
Ramallah Governorate Building
Ramallah
Palestinian Authority
Faxes: +972 2 995 7680 (this is also a telephone, ask to send a FAX)
Telegrams: Governor, Ramallah, Palestinian Authority
Salutation: Dear Mr 'Issa
3) Khaled al-Qidrah
Attorney-General
Attorney-General Building
Yarmouk, Gaza,
Palestinian Authority
Faxes: +972 7 822 388
Telegrams: Attorney-General, Gaza, Palestinian Authority
Salutation: Dear Mr al-Qidrah
COPIES TO:
Dr Iyad al-Sarraj
Palestinian Independent Commission for Citizens' Rights
PO Box 54627
Jerusalem, Via Israel
Faxes: +972 2 28 28 69
and to representatives of the PLO or Palestinian Authority in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 31 December 1996.

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