A/HRC/34/36
reporting period for offences including murder and collaboration with hostile parties. Ten
of the sentences were handed down by military courts, in contravention of international
law, which prohibits the trial of civilians by military courts. OHCHR has serious doubts as
to whether civil and military trials in Gaza meet international standards on the right to a fair
trial.
68.
In one such case, on 5 October 2016, a court in Khan Younis sentenced a woman to
death for murdering her husband. OHCHR monitoring of the case indicated that the woman
had been given only limited access to legal counsel during her trial and the court had not
considered mitigating factors, notably the woman’s claim that she had been subjected to
regular physical and verbal abuse by her husband.
69.
On 17 February 2016, a 39-year-old Palestinian man from Al Zawaida died in Deir
El Balah police station shortly after he had appeared for questioning. The police claimed
that he had died owing to pre-existing health conditions, which his family denied. OHCHR
is not aware of any investigation into the incident initiated by the authorities in Gaza.
Arbitrary detention, torture and ill-treatment
70.
Security forces in Gaza continued to arbitrarily arrest and detain people, including
without charge. OHCHR monitored the case of a 31-year-old man from Jabalia who was
arrested by the police on 24 January 2016 for “misusing technology”. After being detained
for two days at the Arafat police compound, he was transferred to the correction and
rehabilitation centre, where he remained for at least six months without being formally
charged or presented to a court.
71.
OHCHR also received reports of individuals held in incommunicado detention and
instances of ill-treatment, including prolonged solitary confinement and verbal or physical
abuse. In many cases, detainees are moved between detention facilities making them more
susceptible to ill-treatment and arbitrary detention.
72.
On 25 September 2016, the Internal Security Agency in Rafah arrested a General
Intelligence Service officer and Fatah member for collaborating with the authorities in
Ramallah. At the time of reporting, he remained in solitary confinement in the Internal
Security Agency detention facility in Gaza. OHCHR was informed that the military
prosecutor had ordered his detention for an additional 60 days and is concerned about
reports that he had been beaten and subjected to shabeh (e.g. stress positions) during
interrogation, in violation of the prohibition of torture and ill-treatment.
73.
Arbitrary detention and ill-treatment are also carried out by armed groups that are
connected to but not a part of the authorities in Gaza. OHCHR monitored the case of a 29year-old man from Dier El Balah who had been arrested by the Al-Qassam Brigades on 18
June 2016 for the unlawful possession of a weapon. He was held in incommunicado
detention at their camp for nearly two weeks and subjected to prolonged shabeh and
beatings. He was subsequently transferred to the Internal Security Agency detention
facility, where his detention was extended by the military prosecutor.
74.
According to figures provided by the authorities in Gaza, as at 5 August 2016, some
2,000 prisoners and detainees were being held at the main correction and rehabilitation
centre in Gaza city and at 18 temporary detention facilities (called nazaraat) run by the
civil Police across the Gaza Strip. The limited capacity of the judiciary has led to lengthy
periods of pretrial detention and overcrowding in the nazaraat, which also raises concerns
about conditions of detention in these supposedly temporary detention facilities.
15
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