A/HRC/19/20
9.
The Palestinian armed groups that fire these rockets and mortars are
responsible for the related violations of international humanitarian law. As noted
above, Hamas claimed direct responsibility for one of these attacks during the
reporting period. In addition, the de facto authorities in Gaza failed to take
measures to ensure that other such attacks were not carried out. Yet it appears
that the de facto authorities have some capacity to stop or reduce the number of
indiscriminate rocket attacks launched by other Palestinian armed groups. This
can be inferred from the fact that during the reporting period there have been
significant periods of time during which no single rocket was launched in the
direction of Israeli territory from Gaza. This was the case, for example, in the
period following the reconciliation agreement between Fatah and Hamas in May
2011 and in the period preceding the conclusion of the prisoner swap agreement
in October 2011.
2.
Detention and treatment of prisoners
10.
Reports of arbitrary detention and ill-treatment of detainees and alleged
enforced disappearances committed by different branches of the de facto
authorities‟ security forces, including the internal security apparatus and the antidrug police, continued during the reporting period. OHCHR monitored at least
10 cases of ill-treatment in detention, including a number of cases of torture. In
most cases the detainees were subject to “shabeh”9 and beatings. In a number of
cases persons suspected of sympathizing with Fatah were ill-treated and forced
to sign an oath by which they commit not to participate in Fatah activities. In one
case, following a dispute between Fatah- and Hamas-affiliated students at a
university in Gaza, at least three students were repeatedly summoned for
interviews over a period of a week by the internal security apparatus. Each time
they were detained for several hours, subjected to shabeh and beaten. During the
last interview they were asked to sign an oath not to participate in Fatah
activities.
11.
Some cases of detention and ill-treatment of former members of the
Palestinian Authority security forces were reported. On 1 January 2011, a former
member of the Palestinian Preventive Security Service (PSS) was detained in his
home, together with a neighbour, by the de facto authorities‟ security forces.
During their transfer to the Beit Lahia police station, they were beaten and once
at the station they were subject to shabeh and beaten and interrogated in relation
to the alleged firing of fireworks on the occasion of the anniversary of the Fatah
movement.10 They were released the following morning. OHCHR received
information concerning the alleged detention and disappearance of a 43-year-old
woman by the de facto authorities‟ security forces in April 2011. She is a
Palestinian Authority police officer and an active member of Fatah. Since her
detention her family has not received information concerning her whereabouts.
12.
Cases of death in custody were reported. In one of the three cases
monitored by OHCHR, a 23-year-old man was detained by anti-drug police on 3
June 2011, and brought to a detention centre on Salah El Din street in Deir El
Balah, where he was subject to shabeh and beaten for four hours. He was
admitted to the intensive care unit of the local hospital suffering from cerebral
9
10
The practice of “shabah” is understood to include stress positions, sensory isolation, sleep
deprivation and infliction of pain, and often one or a combination of these methods for
prolonged periods.
Case monitored by OHCHR.
5
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