A/HRC/22/35
44.
On 17 October 2012, a 27-year-old civilian died while in the custody of the criminal
investigation unit of the de facto authorities in Khan Younis. OHCHR was informed by
family members that the victim was arrested by the unit without a warrant, allegedly in
relation to a dispute with his uncle. OHCHR received information that the de facto
authorities had committed to launching an investigation into the incident. However, at the
time of writing no information was available regarding such an investigation
3.
Treatment in detention and civil liberties
45.
Arbitrary detention, torture and ill-treatment remained issues of concern. These
practices typically targeted members and supporters of Fatah in relation to their political
affiliation or opinion.38 Fatah detainees were reportedly blindfolded and handcuffed at the
time of detention or shortly after arrival at a designated security location. During
interrogations, in some cases while detainees were blindfolded, questions were asked about
social affiliations, professions, family members, and connections to Fatah and the
Palestinian Authority.
46.
On 3 July 2012, the internal security agency arrested a 33-year-old Fatah member
from Khan Younis and detained him for nearly a month. The victim was questioned about
his Fatah-related activities, subjected to shabeh39, slapped, intimidated and solitarily
confined.
47.
The de facto authorities continued to curtail freedom of expression, opinion and
assembly. Journalists were detained and ill-treated in relation to their perceived political
affiliation or alleged lack of objectivity; in other cases, security forces of the de facto
authorities used excessive force to disperse peaceful assemblies. In one case monitored by
OHCHR, on 11 June 2012, a freelance journalist from Al-Shojayea was arrested by ISA
and detained until 4 July. During his detention he claims to have been questioned about his
media-related work, and accused of establishing ties with the Palestinian Authority. During
his detention he was intimidated, ill-treated and tortured, including through beatings of
different parts of his body and the use of shabeh.
48.
Others not linked to the media were harassed in relation to their opinion. In July
2012, for instance, the de facto authorities banned the travel of the director of the
Palestinian Contractors Union, in reference to a statement he had made voicing concerns
over the quality of cement smuggled via tunnels. 40
49.
OHCHR documented cases in which the de facto authorities violated the right to
peaceful assembly, sometimes by using force to disperse participants. The de facto
authorities presented justifications for these violations. In some cases the need to ensure
public order was invoked, in other cases the de facto authorities’ Ministry of Interior
blamed individual police personnel for taking inappropriate action. On 18 July 2012, the de
facto authorities’ police detained two women participating in a peaceful protest against the
38
39
40
PCHR, “PCHR concerned over summons and arrests of Fatah activists by Internal Security Service in
Gaza”, 28 December 2011,
www.pchrgaza.org/portal/en/index.php?option=com_content&view=article&id=7988:pchrconcerned-over-summons-and-arrests-of-fatah-activists-by-internal-security-service-in-gaza&catid=36:pchrpressreleases&Itemid=194.
Shabeh refers to forcing a detainee to hold a painful position for extended periods of time.
PCHR, press release of 2 August 2012,
www.pchrgaza.org/portal/en/index.php?option=com_content&view=article&id=8692:pchr-isconcerned-about-a-decision-issued-by-the-attorney-general-in-gaza-to-prevent-the-palestiniancontractors-unions-director-and-8-journalists-from-traveling-on-the-grounds-of-freedom-ofexpression-and-union-freedom-&catid=36:pchrpressreleases&Itemid=194.
13
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