[Pnews] Palestinian Prisoner Samer al-A’rbeed in a Critical Health Situation due to Torture

Prisoner News ppnews at freedomarchives.org
Mon Sep 30 12:01:58 EDT 2019


  Addameer: Prisoner Samer al-A’rbeed in a Critical Health Situation due
  to Torture

September 29, 2019

Samer al-A’reed, 44-year-old husband and father to two daughters and one 
son currently suffers from a serious health deterioration due to torture 
and ill-treatment during interrogations. Samer now is at Hadassah hospital.

On Wednesday, 25 September 2019, a special unit of the Israeli 
occupation forces arrested Samer al-A’rbeed. During the arrest Samer was 
harshly beaten by the Israeli forces using their guns. He was then taken 
to al-Mascobiyya interrogation center in Jerusalem and was issued an 
order that bans him from meeting his lawyer.

The following day on 26 September 2019, Samer had a court session 
without his lawyer. Though, according to the session’s protocols Samer 
stated to the judge that he suffers from severe pain in his chest and 
added that he cannot eat anything and throws up continually. We have no 
information of why Samer was not transferred immediately to the hospital 
and in fact his interrogation continued using torture and ill-treatment 
techniques that we are not aware of until this moment. Yesterday 
evening, 28 September 2019, the Israeli intelligence department, in a 
statement released to the press, stated that they have used extreme and 
exceptional techniques in interrogations that actually amount torture.

On Saturday, 28 September 2019, at around 8:00 pm Addameer’s lawyer was 
informed by a phone call from one of the interrogators at al-Mascobiyya 
that Samer was transferred to Hadassah Hospital – El-Esawya. The lawyer 
was also informed that Samer’s health is in critical situation, he is 
unconscious and on artificial respiration. Samer was in fact transferred 
to the hospital on Friday morning, 27 September 2019, though his family 
and lawyer were not informed of this fact.

Addameer’s lawyer immediately after the phone call tried to visit Samer, 
the attempts to visit him were only achieved after a few hours at around 
1:30 am, as the lawyer was not allowed to actually visit Samer but to 
see him for a short period of time. According to the lawyer, Samer was 
unconscious, had several broken ribs, mark were all over his body, and 
he suffers a severe kidney failure.

The prohibition against torture in international conventions and 
agreements was unequivocal in its interpretation. The Geneva Conventions 
of 1949, as well as Protocol I and II of 1977, include a number of 
articles that strictly prohibit cruel treatment and outrages upon human 
dignity. In addition, torture is prohibited under the Convention against 
Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, 
which was adopted in 1948 and entered into force in 1978. The Convention 
against Torture states that no “exceptional circumstances whatsoever, 
whether a state of war or a threat of war” may be invoked as a 
justification of torture, thus establishing an 
internationally-recognized peremptory norm against torture even in 
compelling circumstances relating to counter terrorism. Furthermore, 
according to the Rome Statute, Articles 8, 7, torture amounts to a war 
crime and when systematic and wide-spread to a crime against humanity. 
Also, Article 55 of the Rome Statues prohibits in specific torture and 
ill-treatment of prisoners during investigation.

For further notice, Samer was arrested earlier on 26 August 2019. A few 
days later, on 29 August 2019, Samer had a court session at Ofer Court 
in order to examine the possibility to issue him an administrative 
detention order. During this session the judge issued a conditional 
release order for Samer, which included a 10,000 Shekels bail. However, 
the military prosecution requested to delay the implementation of the 
release order for 72 hours in order to appeal it. Instead of appealing 
the release order, the military prosecution issued a three-month 
administrative detention order against Samer on 2 September 2019. Later, 
on 9 September 2019, Samer had a confirmation of detention hearing, 
where the judge again issued him a release order and the military 
prosecution against requested to delay for 72 hours. Finally, a day 
after, on 10 September 2019, Samer was released based on the military 
prosecution’s order to release him without any conditions.

Israeli intelligence department issued a statement claiming that Samer 
and some other prisoners are allegedly involved in an attack on Ein 
Boben on 23 August 2019. It is worth noting that Addameer’s lawyer was 
not allowed to visit any of the other detainees as they were issued an 
order than bans them from meeting their lawyer from the first day of 
their arrest. However, according to the court session’s protocols all of 
those prisoners stated to the judge that they suffer from grave physical 
torture and also psychological torture mainly through arresting their 
family members continuously.

Addameer’s demands:


    Addameer calls on the Israeli occupation authorities to immediately
    release Samer. Confessions taken under torture and ill-treatment are
    illegal and cannot be taken as evidence in court. Taking those
    confessions means the right to a fair trial is violated and thus the
    detention is arbitrary.


    Addameer calls for the Israeli occupation authorities to instantly
    investigate the conditions and environment of torture Samer suffered
    from and to hold those responsible accountable to their crimes.


    Addameer calls of the ICRC to from a medical committee with the
    purpose of investigating the crime of torture and ill-treatment.


    Addameer calls on the UN Secretary General and the rest of the
    United Nationals committees and agencies to take all the required
    and available procedures and steps to end the Israeli practice of
    torture and ill-treatment in the Occupied Palestinian Territory.
    Additionally, to act immediately in actual attempts to hold the
    Israeli occupation authorities accountable to their crimes.


    The lack of internal investigations for such grave human rights
    violations confirms the importance of third states to act upon their
    responsibilities as described by Articles 146 and 147 of the
    Fourth Geneva Convention to hold perpetrators of torture accountable.

Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 https://freedomarchives.org/
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