E/CN.4/2000/9
page 132
medical officer to give evidence, and rejected. He later filed a complaint with
the Department of Internal Police Investigations on 25 April 1996. The
Government replied that an investigation was carried out and the claim was
rejected.
671.
Concerning Bashar Nazia Muhamad Tarabieh (ibid., para. 214), the
Government replied that he had been arrested on 19 August 1996 on suspicion of
two arson attacks. The Government replied that he had been released on the basis
of insufficient evidence and that he had not filed a complaint concerning the
manner of his interrogation. The Government assured the Special Rapporteur that
if a complaint was filed, it would be duly investigated by authorized officials
of the Ministry of Justice.
672.
Concerning Azam Isma'il Saim Arada (ibid., para. 215), the Government
replied that he had been arrested on 17 October 1996 on suspicion of being an
activist in a "PFLP" terrorist attack. The Government further replied that he
had been interrogated for two weeks and released on 1 November 1996 on the basis
of insufficient evidence and that he had not filed a complaint concerning the
manner of his interrogation. The Government assured the Special Rapporteur that
if a complaint was filed, it would be duly investigated by authorized officials
of the Ministry of Justice.
673.
Concerning Iyad Abu Hamdieh (ibid., para. 216), the Government replied
that he was arrested at an army checkpoint on 9 April 1996 together with his
brother in connection with their involvement in terrorist attacks in which
Israeli civilians had been killed. The Government informed the Special
Rapporteur that during his arrest, Iyad Abu Hamdieh had complained of medical
problems from which he suffered as a result of a previous road accident, but
that it was discovered that he was lying. He was subsequently released on 2 June
1996 without charges, and the Government replied that he had not filed any
complaint concerning the manner of his interrogation. The Government assured the
Special Rapporteur that if a complaint was filed, it would be duly investigated
by authorized officials of the Ministry of Justice.
674.
Concerning Ayman Mahmad Fiyad Kafishah (ibid., para. 218), the Government
replied that, following his release from jail in August 1995, he had continued
activities with "Hamas". The Government stated that he had been arrested on
5 April 1997 on suspicion of being involved in a suicide bombing at the Apropos
restaurant in Tel-Aviv, in which three innocent civilians had been killed. After
an interrogation in which he made a number of admissions, he was sentenced to
35 years' imprisonment. The Government further reported that during his
interrogation, he filed three petitions to the Israeli High Court of Justice
regarding the manner of his interrogation (2317/97, 2499/97, 267/97). The first
petition was dismissed in Court and he withdrew the other two. The Government
further replied that he had not filed any complaint concerning the manner of his
interrogation. The Government assured the Special Rapporteur that if a complaint
was filed, it would be duly investigated by authorized officials of the Ministry
of Justice.
Observations
675.
The Special Rapporteur welcomes the decision of the High Court of Justice
on 6 September 1999 declaring unlawful the interrogation techniques involving
"moderate physical pressure" and recognizing that they constitute torture or
cruel, inhuman or degrading treatment, absolutely prohibited under international
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