Decisions of the Ofer Military Court Allow for the Continuous Use of Torture against Palestinian Detainees in Interrogation

Occupied Ramallah, 9 April 2013 - On 7 April 2013, a judge in the appeal court of Ofer military court,Ronin Atsamon, extended the detention of Ahmad Zahran (36 years old) and Mahmoud Zahran (36 years old) for a further 14 days so that their interrogation might be completed. This decision came in spite the fact that the continued detention of the two men exposes them to various forms of physical and psychological torture.
 
Israeli Occupation Forces (IOF) arrested Ahmad and Mahmoud Zahran on 24 March 2013 after the IOF raided the village of Deir Abu Masha‘al, located northwest of Ramallah.
 
Immediately after their arrest,the detainees were transferred to Al Moskobiyeh Interrogation Center in Occupied Jerusalem.Intelligence also immediately issued a decree banning them from meeting with their lawyer from Addameer, who is representing them.
 
On 4 April 2013 the two detainees were brought before a judge at Ofer military courtwho decided that their detention would be extended for eight days, rather than the 14 days requested by the military prosecution.
 
Both the defense lawyer and the military prosecution appealed the judges decision and an appeal hearing was held yesterday,7 April 2013. The defense appealed the extension of the interrogation period on the grounds that the detainees were being prevented from meeting with lawyers, further citing a lack of evidence justifying the necessity of an extension. The judge rejected the defense lawyers appeal to shorten the extension period. He also accepted the appeal filed by the military prosecution calling for the extension of detention for 11 days, ending on 14 April 2013, as opposed to the 14 days initially requested by the military prosecution.
 
Explaining his decision, the judge said that after hearing the testimony of the two detainees and reading an intelligence report on the interrogation procedures, it had become clear that the two detainees were subject to difficult conditions in interrogation and cruel interrogation methods, both physically and mentally. The judge added, however, that these methods do not violate human rights in such a way that would require the intervention of the court.
 
In his testimony before the judge,detainee Ahmed Zahran explained that he fell unconscious three times during his interrogation and that he is constantly suffering from nausea and exhaustion resulting from sleep deprivation,extremely long periods in interrogation, and the harshness of the interrogation techniques.
 
As for detainee Mahmoud Zahran, he told the judge that he had also been subject to extremely harsh interrogation techniques by several interrogation crews and was tied to a chair for hours throughout interrogation, which lasted non-stop day and night, resulting in extreme sleep deprivation.
 
After having reviewed the interrogation schedule provided by the Israeli intelligence apparatus,the Shabak,the judge acknowledged that the detainees had in fact been subject to interrogation continuously, day and night, and that sometimes detainees were kept in the most intense periods of interrogation at night and then were allowed to rest and sleep during the day.
 
Addameer Prisoner Support and Human Rights Association considers the decisions and rulings of the military court to be the reason behind the death of approximately 71 Palestinian detainees in Israeli interrogation during their subjection to harsh interrogation techniques. Addameer maintains that this court provides legal cover for the Israeli intelligence apparatus, the Shabak, in clear contravention of the peremptory norms of international humanitarian law, which outlaws torture and cruel and inhuman treatment, as underscored by Article 32 of the IV Geneva Convention. This decision also provides a veneer of legal and judicial legitimacy to the use of torture by the Shabak, which is also in contravention of Article 71 of the IV Geneva Convention.   
 
Detainee Ahmed Zahran (36 years old) is a former prisoner who spent 11 years in the jails of the Occupation,and was released in 2009.He is married and the father of two children.
 
Mahmoud Zahran (36 years old) is also a former prisoner.He spent 4 and a half years in Israeli custody and was released in 2009.