AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

Mr. Fathi Ahmed Subuh, a Palestinian assistant professor of education at Al-Azhar University, was arrested on 2 July 1997. Mr. Subuh has reportedly been subjected to severe torture and ill-treatment during his detention at Tel al-Hawa Prison, which is run by the Palestinian Preventive Security Service (PSS) in Gaza. Reports indicate that while in detention, authorities hung Mr. Subuh from behind by his hands with his feet off the ground, beat him, and subjected him to sleep deprivation, and hooding. According to Colonel Muhammad Dahlan, the head of PSS, Mr. Subuh was being charged with spying and rape; however neither Mr. Subuh nor his lawyer have been informed of any formal charges. The true reason for Mr. Subuh's arrest may be a final examination question that he prepared for his students asking them to write about corruption of the Palestinian authority and in Al-Azhar University. Palestinian police reportedly raided Mr. Subuh's home looking for his students' exams.

Mr. Subuh staged a hunger strike to protest his detention in Tel al-Hawa Prison and denial of access to his family and legal council. According to representatives from the International Committee of the Red Cross, the only individuals allowed access to Mr. Subuh during his hunger strike, he lost over 25 kilos (almost 50 lbs.), subsisted only on sugar, water, and coffee, and suffered from headaches and back inflammation. Mr. Subuh suspended his hunger after being moved to Gaza Central Prison.

During a hearing of the Palestinian High Court of Justice held on 6 September 1996 to consider Mr. Subuh's release, the Attorney General did not respond to Mr. Subuh's allegations of torture. He informed the court that the case did not fall under his jurisdiction and was being handled by the State Security Court. He further stated that Mr. Subuhs' detention was extended until 3 July.

Mr. Subuh is director of the Touffah Educational Development Center, a non-governmental organization that provides teacher training, literacy programs, and vocational training for women. From 1994 to 1995, Mr. Subuh was a Fulbright scholar at the University of Maryland.

The Palestinian authority's detention and torture of Mr. Subuh, as well as their infringement on his academic freedom, constitute serious violations of international human rights standards, including those enumerated in the Universal Declaration of Human Rights (UDHR). These rights include freedom from torture or cruel, inhuman or degrading treatment or punishment (Article 5); liberty and security of the person (Article 3); freedom from arbitrary arrest and detention (Articles 3 and 9); and freedom of expression (Article 19).

(Sources of information on this case include a personal friend of Mr. Subuh, the Middle East Studies Association of North America, and Amnesty International.)

RECOMMENDED ACTION:

Please send telexes, faxes, and letters:

• demanding the immediate and unconditional release of Mr. Subuh on the grounds that he is a prisoner of conscience;
• expressing concern about the allegations of torture and ill-treatment of Mr. Subuh during his detention in Tel al-Hawa Prison and calling for an investigation into these allegations; and
• calling on the Palestinian Authorities to allow Mr. Subuh immediate access to his family, legal representation, and medical care of his choice.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

President Yasser Arafat
Palestinian Authority
Al-Muntada
Gaza, Palestinian Authority
Fax: 011 972 7 822365 (ask to send a fax)
Telegram: President Arafat, Palestinian Authority, Gaza
Salutation: Dear President Arafat

Mr. Freih Abu Meddein
Minister of Justice
Ministry of Justice
Abu Khadra Building
Omar al-Mukhtar Street
Gaza, Palestinian Authority
Fax: 011 972 7 833326
Telegram: Justice Minister, Palestinian Authority

COPIES SENT TO:

Abdu Raham
Palestinian Ambassador


Mr. Kamal Sharafi
Rapporteur
Human Rights Committee of the Legislative Council
Fax: 011 972 2 9987719 (ask to send a fax)

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