E/CN.4/1991/17
page 28
Gaza Strip and detained in Gaza Central prison. According to the information,
before he was allowed to see a lawyer for the first time on 24 September 1990,
he had been deprived of sleep for three weeks, with breaks only at weekends,
and beaten several times on his face, abdomen and genitals.
91. On 20 November 1990 the Special Rapporteur sent an urgent appeal to the
Government of Israel concerning Ahmed Kabaha and Rami Muslah. Ahmed Kabaha,
aged 17, from the village of Barta'a, was arrested on 1 November 1990, on
suspicion of raising the Palestinian flag in his village. He was first taken
to the Kishon prison and then, on 8 November, was transferred to a detention
centre in Petah Tikva, where he was reportedly interrogated by agents of the
General Security Service (GSS). On 11 November, when he was brought to court
for a remand hearing, he alleged that a GSS interrogator had burned him with
cigarettes on his chest and then threatened him with further torture if he
complained about it. He showed the judge five or six cigarette burns.
Rami Muslah, aged 14, from Al-Bureij refugee camp in the Gaza Strip, was
arrested on 25 September 1990 following the burning to death of an Israeli
soldier in the camp and taken to Gaza Central prison. A lawyer saw him, for
the first time since his arrest, on 29 September. The lawyer later affirmed
that Muslah was breathing heavily, had difficulty speaking and was coughing
frequently and spitting blood. Rami Muslah reportedly told the lawyer that
during interrogation he had been beaten all over his body, mainly on the
head and chest. On 30 October his detention was extended for 120 days. On
9 November two lawyers visited him and later affirmed that he looked ill,
continued to have difficulty speaking and coughed frequently. In an affidavit
they took from him he alleged that he had been interrogated by eight men who
beat him all over his body, including his chest, stomach and genitals. He was
allegedly also subjected to threats of being shot unless he confessed, as well
as to degrading treatment. The torture and ill-treatment allegedly continued
for a week. Rami Muslah saw a doctor three times but received only tablets.
Fears have been expressed that Ahmed Kabaha and Rami Muslah may continue to be
subjected to torture and ill-treatment while being interrogated, and that they
may be denied appropriate medical treatment.
Letters and Government replies
92. On 7 December 1990 the Government of Israel provided the Special
Rapporteur with detailed information on the cases of Ra'ad Adwan and
Nidal Q'abi, transmitted to it by letter dated 19 July 1989 (E/CN.4/1990/17,
para. 92) and that of Sha'wan Jabarin, transmitted by letter dated
16 November 1989 (E/CN.4/1990/17, para. 94). Regarding the case of
Ra'ad Adwan, an inquiry was carried out by the Investigation Department of
the Israel Police, and it was determined that he was injured during a stone
throwing incident. Contrary to widely disseminated allegations his medical
records indicate that his injury was caused by a rubber bullet, the use of
which was found to be justified under the circumstances. No evidence
whatsoever supports the claim that he was beaten or hit. As regards
Nidal Qa'bi, he was injured during a violent confrontation between Border
Policemen and masked youths, after he himself threw a rock which hit the
deputy commander of the force in the chest. During the ensuing chase a Border
Policeman fired a cannister of rubber bullets which hit Qa'bi's head and
fractured his nose. "The Border Police administered first aid to Qa'bi who
was then transferred by ambulance to Ittihad hospital in Nablus for further
care ... The medical report makes no mention of any burns. This fact
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