E/CN.4/1992/17
page 42
(b) Ahmed Kabaha (see E/CN.4/1991/17, para. 91): it was stated that
when, on 11 November 1990, Kabaha appeared before a judge for a court order
extending his detention, he showed the judge cigarette burns on his chest
which he said had been inflicted on him by his interrogators. Although the
judge expressed doubts about the validity of Kabaha1s claim, he nevertheless
ordered a medical examination and required that the findings of the
examination be recorded. Two days later, on 13 November 1990, Kabaha gave
to the police a written statement to the effect that on the night
of 9 November 1990, while in his prison cell, he had asked the guard for a
cigarette, which he himself lit and proceeded to apply to his chest until
burns were visible. Kabaha also expressed regret for his false accusations.
(c) Rami Muslah (see E/CN.4/1991/17, para. 91): it was stated that the
examining authority (which also heard Muslah's testimony) had found the
allegations of ill-treatment to be baseless. Indeed, since Muslah was a
minor, the interrogators were especially careful to follow the rules and
regulations regarding such interrogations. Regarding Muslah's claim that an
interrogator had placed a gun to his head and threatened to shoot him, this
too was found to be untrue. The regulations specifically prohibit the
existence of any kind of weapon in the interrogation area. According to the
records of the Gaza prison, Muslah was examined by a medical officer upon his
arrival at the prison. At the outset of his detention, he told the medical
officer that he had previously been hospitalized for chest pains. He was
subsequently examined by a doctor on a number of occasions and received
appropriate treatment. Muslah admitted that for the previous two years he
had suffered from asthma and had been under continual treatment, including
hospitalization. In addition, he stated that he was satisfied with the
medical treatment given to him while in Gaza prison. During the period of his
interrogation, Muslah was also visited several times by a delegate of the
International Committee of the Red Cross.
Letters and Government replies
128. On 6 June 1991 the Government of Israel addressed a letter to the
Special Rapporteur providing the following information on several cases of
alleged torture transmitted to it by letters dated 6 June 1990 and
15 October 1990:
(a) Regarding the case of Murad Muhammad Isa Jadallah (see
E/CN.4/1991/17, para. 93 (b)), it was stated that the charges of maltreatment
brought by Jadallah and his family had been thoroughly investigated by the
Police Public Complaints Department and reviewed by the State Attorney's
Office. According to the findings of the investigation, Jadallah was examined
by the doctor of the Russian Compound jail on 29 October 1989. He was also
examined on 2 November 1989 by a doctor retained by his family. Both doctors
found two bruises on Jadallah's body, one on his forehead and another on his
left thigh. The findings of the medical reports did not support the severity
of the complaint and contradict Jadallah1s allegation that he was beaten with
clubs all over his body, which certainly would have caused additional visible
injuries. Although the State Attorney's Office would like to initiate
criminal proceedings against the person or persons responsible for Jadallah's
two bruises, the circumstances surrounding this case had thus far made it
impossible to do so. Some of Jadallah's claims were found to lack credibility.
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