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Administrative Detainee
Ill-treatment during detention: the case of FA
documents: 0  |  Updates: 1 On the cold rainy night of January 13, 2009, soldiers arrived at the home of FA in the 'Askar refugee camp in Nablus, woke him from his sleep, handcuffed his hands behind his back, blindfolded him and took him outside the house, barefoot and in his sleeping clothes. The person heading the arrest, who identified himself as "Captain Tamir", most likely a member of the Israel Security Agency (ISA), led FA into a muddy field for dozens of meters, accompanied by the soldiers. Minutes later, he made him stand in a puddle and asked him how he chose to die. For a several interminable minutes, FA was convinced he was about to be executed. Trembling with fear, FA prayed and in his mind said goodbye to his family. After a while, Captain Tamir broke out laughing, and said he never intended to shoot him, only to arrest him. The soldiers laughed along.

FA was laid face down on the floor of the military vehicle, and taken to the ISA interrogation facility at Petah Tikva for interrogation. En route, the soldiers who were with him in the vehicle, abused him with obscene  language, and one of them put both his feet on FA's shoulder. During interrogation, the ISA interrogators threatened him that unless he confessed, he would be sent to a "secret military interrogation", the sort they themselves were not allowed to conduct.  
In June 2009, HaMoked wrote to the investigating officer of the Military Police Investigation Unit (MPIU), and to the ISA interrogee-complaints comptroller, demanding an investigation of the event and a review of the complaint of the use of an illegal threat during interrogation. Ten months later, the MPIU informed that the FA's case was under investigation. The ISA comptroller notified HaMoked of the decision to close the review file. Upon completion, the MPIU investigation file was delivered to State Attorney's Office for Operational Affairs, which decided to close the case for lack of evidence.

In January 2011, FA filed a civil claim via HaMoked for the overall damage and distress he suffered as a result of the defendants' conduct during the arrest and days-long interrogation. The claim asserts, inter alia, that the defendants' actions are illegal under both international humanitarian law and Israeli case law, which in time formulated a clear rule prohibiting the use of torture and illegal interrogation methods.

At the time of writing, October 2011, a statement of defense is yet to be filed.

Palestinian detainees held in the ISA Interrogation Facility in Petah Tikva, were subjected to ill treatment, degrading detention conditions, and prohibited interrogation methods: as indicated by six civil claims recently filed by HaMoked (02) 627 1698   (02) 627 6317

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