A/HRC/4/33/Add.3
page 28
12.
Unidentified prisoner in solitary confinement, approximately aged 25 years. The man,
who was obviously extremely frightened, recounted that he had been beaten one week prior to
the visit at his reception by prison officials with metal bars, cables and pipes. He complained
that he was given dirty food and that he could not leave his cell.
13.
A medical examination, which was necessarily brief because of the expressed fear of the
detainee, provided compelling corroborative evidence of the allegations. Large areas of ageing
yellow-purple confluent bruising involved the buttocks, both upper arms, mid back and
shoulders. Over the mid back and shoulders were classical “rail-track” bruises and scabbed
abrasions diagnostic of blows from a linear weapon with a circular cross-sectional shape, such as
the cables and pipes alleged. Over the lateral aspects of both upper arms the “rail-tracks” were
predominantly scabbed abrasions consistent with the use of metal cabling. Overall the pattern of
injuries suggested a severe, sustained, routine beating consistent with the time frame and the
weapons alleged.
14.
Ali Abu Sukkar, Muhammed Abu Fares, Ibrahim Mashoukhi, Jaafar Hourani,
members of Parliament, belonging to the Islamic Action Front. On the evening of 7 June 2005,
the four men were arrested after they conveyed their condolences to the family of the Al-Qaeda
terrorist, Abu Musab Al Zarqawi. No warrant was shown to them at any time and they were not
informed of the reasons for their arrest. They were held overnight at the Criminal Investigation
Department, and brought the next day to the civil public prosecutor, who decided after
15 minutes that he was not competent in their case. They were then referred to the State Security
Court’s prosecutor, who undertook the interrogation. The men complained that they were not
given water or food for the entire day. After the interrogation they were taken by van to Al-Jafr.
They only learned about the reasons for their arrest from newspapers, which they were allowed
to receive. The four MPs felt mentally tortured by their imprisonment but indicated to the
Special Rapporteur that they were treated as “first-class detainees” in comparison to the other
prisoners in Al-Jafr. They reported that they were unable to make telephone calls, only very
limited visits by their families had been allowed, and received one visit from their lawyer. They
reported that visits by the Parliament’s Freedom Committee, of which they were members, as
well as a delegation of MPs, was denied, and they were not seen by the ICRC. That their
detention was extended for another 15 days for interrogation was conveyed to them by
television. However, the MPs informed the Special Rapporteur that apart from their initial
questioning they had not been interrogated further.
15.
Based upon the interviews he conducted with the detainees, the medical examinations
carried out, and an inspection of the facility, the Special Rapporteur concludes that Al-Jafr
Correction and Rehabilitation Centre exists essentially as a place of punishment for detainees
who allegedly did not behave well in other prisons. Moreover, it is apparent that Al-Jafr, as
illustrated by the case of the four members of Parliament, continues to be a place where the
authorities can arbitrarily detain and isolate individuals at will under the guise of administrative
detention provided for under the 1954 Crime Prevention Law.
16.
The Government informed that the four MPs were all released.
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