208
In light of the jurisdiction of military justice in holding members of the Security
Services accountable for human rights violations, particularly the right to physical
integrity and protection from torture and ill‐treatment, the military courts did not
condemn any member of the Security Services of committing crimes of torture or
ill‐treatment, and did not have any suspect being tried for these crimes during
the year 2010.210 It seems that accountability for these actions stop at taking
administrative procedures, and not taking on judicial proceedings. And if cases
reach the judicial authorities, the files may not be complete. In such cases, the
court then issues a verdict acquitting the suspects in these cases. The special
military court held in the city of Hebron on 20/07/2010 issued a decision,
acquitting the five accused members of the General Intelligence Service, who
were accused of causing the death of Haitham Amer on 14/06/2009, who was
captured by the Service in the city. The court decision stated the following:
- Innocence of the five present militaries from the charges of causing
the death, in violation of the provisions of Article 280/c, and Article
82/A: military sanctions of 1979 due to lack of evidence pursuant to
Article (229) of the Military Tribunals Code of 1979.
- Blood money and compensation according to Sharia Law to the heirs
of the deceased (Haitham Amer) is a right from the Palestinian
National Authority represented by the General Intelligence Service ‐
Hebron Governorate, in return for negligence and failure to take
necessary measures to protect detainees.
In spite of documented reports,211 consistent, and credible testimonies of the
occurrence of the crime of torture that may have led to death, those involved
have not been convicted of the charges of torture. On the other hand, ICHR
recorded the absence of four of the suspects (accused) of the five defendants
from attending the first and second court sessions. The five suspects attended
210
This is what came in the Chief of Military Justice, Major General Ahmad Al‐Mbayed’s response to
ICHR’s letter on a number of cases where the military courts issued rulings on crimes of torture and ill‐
treatment No. PO. A. P / 2010 / 1367 dated 09/12/2010.
211
According to the medical report dated 07/02/2010 and signed by the Director of the Institute of
Forensic Medicine at Abu Dis University, the direct cause of death was caused by "clogged arteries,
pulmonary (stroke) resulting from doubling the bruised tissues under the skin resulting from direct
torture."
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