E/CN.4/1991/17
page 29
corroborates the testimony given by the Border Policemen that Qa'bi was not
asked to remove burning tyres and contradicts the story circulated that
Border Policemen 'forced his hands onto the burning tyre'." As regards
Shawan Jabarin, who was arrested in his home in the village of Sair, the
following information was given regarding his allegation that he was beaten
during the arrest. "The officers and the soldiers involved testified that
Jabarin had refused to accompany them and resisted arrest in a manner which
compelled the soldiers to use force in order to carry out their arrest
order ... As a result of the force that was used Jabarin was slightly
injured. Jabarin once again resisted arrest while being escorted to the
vehicle. Consequently the soldiers were again compelled to use reasonable
force in handcuffing Jabarin and placing him in the vehicle". As regards his
allegation that he was beaten by soldiers during his transfer to the Civil
Administration building in Hebron, it was reported that: "After questioning
the soldiers involved, it became apparent that Jabarin was indeed struck on
the back of his neck and on the head. On the basis of the investigation's
findings, the Military Advocate ordered one of the soldiers court-martialled.
In addition, two other soldiers involved in the incident faced disciplinary
proceedings." It was further reported that the Military Advocate had
recommended that disciplinary proceedings be instituted against several
soldiers who allegedly used excessive force while carrying out a body search
on Jabarin at the Hebron police station. Jabarin's allegation that policemen
witnessed the soldiers beating him at the police station but did not intervene,
were investigated and it was determined they were false. Jabarin's allegation
that, while in prison, soldiers burned his ear and hand with a cigarette,
could not be substantiated during the investigation. As regards his allegation
that he was taken, in prison, to a rest-room where he was forced to lie on the
floor of a lavatory stall and was beaten there by a soldier, the Military
Advocate, on the basis of prima facie evidence supporting this claim, ordered
that the soldier in question be indicted for abuse. Jabarin was subsequently
subjected to two medical check-ups and was found to be in good health. As
regards the remaining allegations transmitted to the Government, it was stated
that in view of their considerable number it has so far been impossible to
investigate all of them thoroughly. The Government also provided general
information regarding detention or imprisonment in the country, methods of
questioning suspects and investigation of complaints about alleged torture or
ill-treatment.
93. On 6 June 1990 the Special Rapporteur addressed a letter to the Government
of Israel transmitting the following detailed cases of alleged torture or
ill-treatment suffered by Palestinian detainees while in police custody:
(a) Ibrahim Habash, aged 22, student at the Bir Zeit University, arrested
on 28 August 1989. It was alleged that while he was detained at the Moscobiyah
detention centre in Jerusalem he was repeatedly beaten and ill-treated by six
persons described as informers. Cigarette burns were said to be visible on
his body when his lawyer visited him on 20 October 1989;
(b) Murad Muhammad Isa Jadallah, aged 12, from Beit Safafa, arrested on
29 October 1989 on suspicion of possessing Palestinian flags, masks and petrol
bombs. According to an affidavit signed by him on 1 November 1989, given to
his lawyer, while he was being held in the Mocobiyah detention centre for
interrogation he was beaten with clubs all over his body, his head was banged
on a table and his face was slapped while his hair was being pulled. He was
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