His Excellency Attorney General, Adviser. Diaa’ Al-Deen Al-Madhoun, / Gaza,
His Excellency the Head of the Substantive Office at the High Judicial Council, Adv. Ziad Thebat, / Gaza,
Subject: Perpetrators of Torture Crimes Shall not Escape Administrative and Criminal Accountability
MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your Excellency, noting that the center has received a written complaint from …………………….., who resides in Gaza, stating that he was detained by ……………. Police Station, alongside his brother, sister and old father since 21/11/2018 to this date, and that his father died on 2/8/2019 without having been brought before a court.
The complainant added that on 21/8/2019, his house was raided and searched without authorization from the Public Prosecution and that the police assaulted, detained and forced the mentioned family members to sign false and coerced statements written by agents of the General Investigation Unit. Noting that although the family provided the police with medical reports proving their father’s health condition, he still did not escape their assault and battery, which led to the deterioration of his health condition that ended with passing away during the detention period. The complainant clarified that his family members were detained and assaulted due to a complaint filed by Al-Khatib Family concerning a financial dispute, while the alleged complaint was filed on a date after that of the raid and arrest.
After the death of their father, the complainant filed a bail application, but the consideration of his application was postponed to 28/10/2019 because of the confusion between the Public Prosecution and the Judiciary. MUSAWA believes that this complaint entails serious violations against human rights, including unjustified - illegal arrest, depriving detainees of the guarantees to a fair trial, torture, fatal assault, power abuse, and overstepping powers, which fall under the umbrella of denying the citizens’ security and dignity, in direct derogation of the provision of the Basic Law, the Code of Criminal Procedure, and the international covenants on prohibiting torture and holding its perpetrators accountable.
MUSAWA demands you to initiate a serious investigation in the subject of this complaint, to take the needed legal action ensuring the activation of the mechanisms of administrative and criminal accountability that the guilty parties do not escape punishment, the termination of their service at the Police and Intelligence units, and the safeguarding of the complaining family' rights. Hoping that you respond to our memo as soon as possible and that you keep us updated with the actions taken by your sides in this regard duly.
With All Due Respect,
Issued on 8/9/2019