What is going on with the captives?

Shackling of legs and hands and covering the head leads to death

Mekhal Seila'a (May18, 1993)

The medical fitness form issued by the investigations department of the General Intelligence is written proof of the physical endurance of prisoners prior to interrogation. The doctor is required to certify that the examined person is capable to withstand certain procedures, including isolation, shackling of arms and legs with a sack over the head and eyes, and standing for long periods of time.

This form, which was obtained by Lawyer Tarr during a court hearing regarding the arrest of Mr. Rebhi Shqeir from Al:zawyeh, is a clear indication that it has been used by the investigations department of the General Intelligence, and it is available at any prison or jail where interrogations take place. It is not known when the use of this form began, but it could have been after a report of an investigation had been released concerning several cases of Palestinians that died while under interrogation by Al Shabak agents in the last few years. This medical form indicates what diseases or illnesses the prisoners have before incarceration, ensuring the physical condition of each prisoner beforehand in order to clarify whether or not the cause of death was natural or at the hands of interrogators.

1. A Controversial Concept

The medical form has aroused certain inquiries and wonder about its concept in the light of physical endurance. Undoubtedly, the list of these endurance tests on the form can be considered legal and rational items. However, the doctors who sign these forms do not care about the means used or, for that matter, about the judge who deals with the case. In Shqeir's case, the matter before the court was found to be correct and the methods used to interrogate him were within the limits of approved methods-somewhere between mild pressure and torture. The isolation of anybody for a period of time is a form of pressure that may force the prisoner to admit what he had done or that he had known about it, without resorting to the physical pain and suffering of some methods used during interrogation. Shqeir was confined for 52 days in isolation. He told the judge that he had been alone for 52 days, and if they had decided to extend his detention, it would have meant a sure death for him. He also stressed that he was still a human being just as any other Arab or Jew, and this inhuman treatment was what made him angry.

2. They Are Not Responsible For Suicide

A dead prisoner was found in Beir Sheiba' jail after having been detained for a few weeks. It was reported that he had committed suicide, as well as another prisoner a few years ago, in Al:ramleh jail because he had been detained for a rather long period of time in isolation. Were any of those involved in that case consulted to give their opinion regarding the limits between isolation as a punishment and pressure as torture? Should the security staff be excused for these suicide cases? The shackling of any captive is a basic procedure during the arresting process, but why is this procedure continued while the prisoner is already in detention in a closed cell? There would not be any possibility of escape or rebellion. Shqeir said to his advocate and in front of the court that his hands and legs had been shackled the entire time he was incarcerated. He was painfully tied to a chair and a column. Most of the prisoners suffer from wounds and swelling in their hands and leg joints because of the long periods they are shackled. The pressure of the shackles is questionable since it should be done for security reasons and not for torture. The medical form ignores this aspect and therefore the doctor does not have to mention it or even give his opinion. This is also applicable to the matter of covering the head with a sack. Mr. Emran Hamdan died in Jeneen prison in July 1987 because his head had been covered with a sack and tied around his neck. He did not suffer from any diseases prior to his detention. In another related case, Mr. Mustafa Barakat suffered from asthma prior to his detention, according to a medical report presented to the General Intelligence. Regardless of this fact, his head was also covered. Shqeir emphasized that his head was covered most of the time except for short periods when he was allowed to eat or go to the bathroom, especially in the weekends. He added that the soldiers used to come from time to time to tighten the rope around his neck that secured the sack over his head. Sometimes a person would approach and try to strangle him, most likely an Intelligence member. Standing up for long periods of time does not necessarily lead to death or physical injury, but it is very painful. The detained Palestinians are forced to stand, tied to a post, with their heads covered by a sack. This is very painful, and in this situation, the quantity is changed to quality.

3. The Item Which Arouses Wonder

The fifth item of the medical form is the most peculiar one because the doctor has to answer the question: Does the captive have any wounds or fractures prior to being investigated? Is the purpose of this question to determine if the Intelligence members want to differentiate between those before investigation and those after it? Do the investigators want to ensure that the fresh wounds are made by them? Do they want to show us that they practise the use of physical pressure to lead to such apparent wounds? If this form intends to follow supervision methods and find assurances for the public traditions related to the physical pressure, why have they not been used during the investigation by the authorized doctors? A doctor in Tulkarm jail emphasized that Mr. Mustafa Barakat died of the asthma, and even though he complained during the investigation, he was not checked by the medical board in the jail. The same thing had happened with Mr. Shqeir; it was shown in the medical form that he was healthy when entered the jail, but several medical reports filed after he was incarcerated were found in his file; in particular, a report submitted on 14 April by a nurse soldier indicated that he had lost sensation in his right hand upon examination. Another report on 15 April submitted by the jail doctor showed that there had been no improvement. Doctor Margoline Na'um, a nerve specialist, reported that Mr. Shqeir suffered from some disorders in his right hand in the palm area, and he could not even raise it up to his nose. Thereafter, he was examined on 20 April at Tal Hashumeir hospital, but without any improvement
The captive received medical care upon his request, but the doctor who examined him did not refer to the initial medical form. He did not compare his present condition with the medical form that was prepared prior to his incarceration. The judge, who asked for the medical reports, did not ask the investigators about the difference between his condition before he had been arrested on 23 March and the present injuries in his right hand.

4. A Vain Law

Mr. Shqeir did not die because the investigator stepped on his right hand. However, he told the court that they tied his legs and hands together with shackles and then the investigator put his leg between them and ground his foot left and right, in and out, thereby injuring his hand. The investigators had also pressed on his neck but without causing any serious injuries. After that, he remained tied to the chair and the post causing his condition to become worse. However, the doctors remained silent. So, what is the benefit of this law of the wise?

Should Mr. Shqeir die before somebody would pay attention to his condition?