Israel: Death of Palestinian Detainee

Case ISR 180997

The International Secretariat of OMCT requests your URGENT
intervention in the following situation in Israel. 

Brief description of the situation :

The International Secretariat has been informed by various reliable
sources of the concerns surrounding the death of the Palestinian
administrative detainee Mr Marwan Hassan Ibrahim Maali in the Megiddo
Prison in northern Israel. Mr Maali comes from Ajja Village near
Jenin. He was born in 1966, married and the father of three 3
children.

According to the information received, on 15 September 1997, a
spokesperson for the Israeli military reported that a prison officer
in Megiddo Prison found the Palestinian administrative detainee Mr
Marwan Hassan Ibrahim Maali dead in his cell, apparently from hanging.
However, the source has expressed concern over the circumstances of
his death and has demanded the opening of an investigation to discover
the real causes.

Mr Maali was arrested by the Israeli army on 4 August 1997, during the
mass arrest campaign carried out by the Israeli military after the
bombings in West Jerusalem. He was placed in administrative detention
(detention without charge or trial) for two months. 

According to the information received, Mr Maali was not suffering from
depression or psychological problems. His wife is currently pregnant.
In addition, the Israeli prison authorities allegedly prohibited a
scheduled family visit the day before his death.

OMCT is gravely concerned over the circumstances of the death of Mr
Maali given the use of torture during interrogation in Israeli
detention centres. OMCT would like to recall the death of Khalid Ali
Abu Daiyya, who was detained in the Russian Compound jail and
interrogation centre in West Jerusalem, and who died in Sharei Zedek
hospital on 21 May 1997. The autopsy confirmed that the body was
subjected to severe beating, resulting in fractures in various parts
of the body including the bones in the right hand side of the face, on
an area spanning 15 - 20 cms. ears to suggest that Mr Abu Daiyya was
beaten to death with heavy instruments (see case ISR 240597).

The UN Committee against Torture recently called Israel to a special
session to explain recent decisions of Israeli courts that appear to
allow for the use of Torture during interrogation. During the session
of May 9 1997, the Committee concluded  that "the methods of
interrogation described by non-governmental organisations on the basis
of accounts given to them by interrogatees which appear to be applied
systematically were neither confirmed nor denied by Israel. The
Committee therefore, must assume them to be accurate"

Action requested:

Please contact the concerned Israel authorities urging them to:

i.	take immediate measures to guarantee the physical and psychological
integrity of all those detained in Israeli detention facilities;

ii.	guarantee an impartial and exhaustive enquiry into these facts.
Clarify responsibility and should the authorities be found to have
participated in the death of Mr Maali identify those responsible,
bring them before a civil competent and impartial tribunal and apply
the penal, civil and/or administrative sanctions provided by law;

iii	Guarantee the families right to redress and compensation should
the investigation identify the participation of the authorities in the
death of Mr Mr Maali;

iv.	order the immediate release of all administrative detainees
detained without valid charges or, if such charges exist, bring them
before a competent and impartial tribunal and guarantee their
procedural rights at all times; 

v.	take all necessary measures to guarantee the respect for human
rights in accordance with international standards, in particular the
International Covenant on Civil and Political Rights.  

Addresses :

Mr. Benjamin Netanyahu, Office of the Prime Minister, 3 Kaplan Street,
Jerusalem 91919, State of Israel. Telex : 25279 mpres il. Fax : + 972
369 17 915

Minister of Justice, Ministry of Justice, 29 Salah al-Din Street,
Jerusalem 91029, State of Israel.  Fax : + 972 2 62 85 438

Mr. Yitzhak Mordachai, Minister of Defense, Ministry of Defense 3
Kline Street, Jerusalem, State of Israel.  Fax : 03 691 69 40 or 03
697 72 85.

Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah,
Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax : + 972 2
5826 769

Kindly inform us of any action undertaken quoting the code number of
this appeal in your reply

Geneva 18 September 1997

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.