Press Releases

Al Mezan Calls for Investigation into the Killing of Qishta and Two Other Cases in Which Police Used Excessive Force

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3 February 2013 |Reference 8/2013

Another incident has occurred where police are suspected of using excessive and lethal force.
In three separate incidents that took place in less than two weeks in Rafah, one person was killed and three others were injured in the implementation of law procedures by law enforcement officers.
According to information available to the Al Mezan Center for Human Rights, at approximately 2:00 am on Saturday 2 February 2013, ‘Attiya Suliman Qishta, 41, was killed when drug combating police shot him in a trap to catch drug traffickers.
According to affidavits from the victim’s relatives which are based on the story of the taxi driver, Qishta got out of the car before reaching An-Nijma square.
He was shot by the police in the back.
He was referred to Abu Yousif An-Najjar Hospital and was pronounced dead after half an hour.
Shadi Bassam Ali Sidam, 20, the taxi driver, managed to leave the car and the scene of the incident.
He went to the Qishta family house and informed them about the incident.
They went with him to Abu Yousif An-Najjar Hospital.
When Sidam arrived at the Hospital, he gave his affidavit to the police there.
The police opened an investigation into the incident.
According to the police press release, “the person who was killed in Rafah today was shot while police were chasing a group of drug traffickers.
The police fired warning shots but the car did not stop.
” (Informal translation by Al Mezan of part of Arabic version of the press release).
In a separate incident, at approximately 10:20 pm on Wednesday 23 January 2013, police accompanied by one officer from the police’s anti-narcotics department opened fire from a white microbus at a grey Hyundai while chasing it near Sa’ad mosque crossroads in Tal As-Sultan neighborhood in Rafah.
As a result, Waleed Anwar Abu Al ‘Ineen, 20, sustained a bullet wound in the abdomen and Jihad Abdullah Abu Zbeeda, 43, sustained a bullet wound in the arm.
They were injured while they were in At-Tafran supermarket which is owned by Abu Al ‘Ineen.
They were admitted to Abu Yousif An-Najjar Hospital where their injuries were described as moderate.
According to Abu Al ‘Ineen’s affidavit to Al Mezan and to the initial police investigations, there had been no threat to the police at the time and there were no other shootings at the scene.
At approximately 6:10 pm on Thursday 17 January 2013, police accompanied by a force from intervention and maintenance of order arrested a man, 50, on the grounds of a verbal dispute that took place between one of his sons and two officers, dressed in civilian clothes, from the police investigation department.
The dispute escalated and weapons were used.
As a result, one of the man’s sons sustained an injury to his leg.
The police arrested three other sons in exchange for the release of their father.
The reason behind the dispute was the son did not want to help the police drive a motorcycle that they had confiscated after chasing three persons who were riding it in As-Sekka Street in Rafah.
The Al Mezan Center for Human Rights expresses its concern for the repeated use of lethal and excessive force by the police to implement the law in violation of Criminal Procedures Law No.
3 of 2001.
According to this law, detention shall be executed by methods which do not physically or spiritually harm the wanted persons.
If the wanted persons resist, law enforcement officers may use reasonable and necessary tools to arrest them.
Excessive use of force by police officers also violates article 3 of UN Code of Conduct for Law Enforcement Officials of 1979 which states “Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.
” Al Mezan calls on the Gaza government to investigate the above mentioned incidents, to investigate to what extent police officers respect Palestinian law regulations in regards to using force during law implementation, and to take all necessary procedures to ensure the respect of legal regulations.
Those who are proven to be involved in such crimes must be brought to justice in accordance with legal processes and without delay.
End