31 March 2011

Palestine/Israel: Palestinian citizen rendered from Ukraine to Israel

Dr Dirar Abusisi, a 42-year-old Palestinian from Gaza, was abducted on 18 February 2011 by the Ukrainian intelligences services on train from Kharkiv to Kiev and illegally rendered back to Israel where he is currently arbitrarily detained.

On 28 March 2011, Alkarama submitted Dr Abusisi's case to the UN Working Group on Arbitrary Detention and the UN Special Rapporteur on Torture, requesting their intervention with the Israeli government to appeal for immediate release of Dr Abusisi. The Israeli authorities should ensure that he is neither tortured or ill-treated, nor tried using evidence extracted under torture. Alkarama further requests that the UN human rights procedures inform the Ukrainian authorities of their obligations under international law to refrain from all form of extraordinary rendition and to investigate this allegation.

Dr Dirar Moussa Yoseph Abusisi is married to a Ukrainian citizen and has 6 children. He has lived with his family in the Gaza Strip since 1996 and works as a Director of Gaza's power plant.

Dr Abusisi traveled with his family to Ukraine on 27 January 2011 to apply for residency. However, on 18 February 2011, according to officials at the Ukraine's Transport Information Services, two security agents, in civilian clothes, arrested Dr Abusis while he was traveling by train from Kharkiv to Kiev.

Yousef Abusisi, the victim's brother, who arrived in Ukraine from the Netherlands where he lives, was expecting Dr Abusisi to meet him in Kiev on 19 February 2011. After making enquiries with the Transport Information Services, he learned that his brother had been abducted and later filed a complaint with Kiev's transport police. However, police officers ignored his request and refused to give him any more information.

Yousef Abusisi then contacted Razom, a human rights organisation in Ukraine, which helped him to file a complaint with the Ukraine intelligences services as well as UNHCR and the Ukrainian Prime Minister's office. However no results have yet come of this.

On 27 February 2011 (9 days after his disappearance), Dr Abusisi was finally able to call his family. While the call lasted barely a minute, he was able to tell them that he is being detained in Shikma prison, near Ashkelon, Israel.

His wife has since learned, as of last week, that Dr Abusisi is being investigated and had not yet been officially charge, despite a month having passed since he his extraordinary rendition to Israeli from the Ukraine.

Current fears are that Dr Abusisi is being subjected to ill-treatment and/or torture and that he may be tried with evidence extracted under torture.

Dr Abusisi's family believes his abduction, enforced disappeared and extraordinary rendition from Ukrainian to Israel was organised by Mossad in cooperation with the Ukrainian intelligence services. The fact this all took place without any legal proceedings means that these acts were in complete violation of international law and conventions.

Kuwait - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 21.05.1996
Optional Protocol: No

State report: Due 02.11.2014 (3rd)
Last concluding observations: 22.12.2011

Convention against Torture (CAT)

CAT: Accessed on 08.03.1996
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

Next State report: Due on 03.06.2015 (3rd)
Last concluding observations: 28.06.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 05.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No