Press Releases
16 April 2012 |Reference 31/2012
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Tuesday 17 April 2012 marks Palestinian Prisoners Day.
It is an occasion that has been celebrated over many years, but this year it acquires an exceptional importance as it comes against the backdrop of a serious Israeli escalation with respect to the treatment of Palestinian prisoners and violation of their human rights, and an escalation of the policy of administrative detention.
According to statistics of the Ad-Dameer Prisoner Support and Human Rights Association, there are 4,610 Palestinian prisoners and detainees held in Israeli prisons and detention centers as of the end of March 2012.
Of these, 203 are children, 31 of whom are less than 16 years of age.
Three children were also arrested in Gaza this week, according to the documentation of Al Mezan Centre for Human Rights.
Six of the detainees are women, and 27 are members of Palestinian Legislative Council (PLC).
There are 322 administrative detainees, 24 of them PLC members.
456 of the detainees are from the Gaza Strip, one of whom is held as an “unlawful combatant.
” 153 of the detainees are from East Jerusalem, and 192 are from the 1948 territories.
527 of the prisoners are serving life sentences, 449 are serving sentences of 20 years, 52 are serving sentences of more than 20 years, and 23 are serving sentences of more than 25 years.
This year Prisoners Day comes amidst ongoing struggle by Palestinian prisoners, which was started by Khader Adnan, who was on hunger strike for 66 consecutive days, followed by Hanaa’ Ash-Shalabi, who held a hunger strike lasting 44 consecutive days.
Tens of additional Palestinian detainees then followed them on open-ended hunger strike.
Some of this latter group is now entering their 49th consecutive day without eating.
As part of their continuous struggle for freedom and dignity, Palestinian detainees held in Israeli prisons and detention centers timed the announcement of their strike for Prisoners Day, under the slogan “We will live in dignity.
” The detainees specified the demands linked to their strike as follows:
· An end to the arbitrary use of administrative detention and solitary confinement, and return of all detainees placed in solitary confinement to the regular detention blocs;
· An end to strip searches of detainees and their families;
· An end to the frequent and arbitrary storming of prisoners’ cells;
· Improvement of detainee health services, e.
g.
, not being forced to wait for years to undergo a surgery;
· Allowance for young detainees to take the Tawjihi (pre-college) exam;
· Allowance for prisoners to continue their academic education in Palestinian or Israeli universities;
· Abolishment of the “Shalit Law,” in order to allow families from the Gaza Strip to visit their relatives in prisons;
· Placement of female security detainees in separate detention blocs;
· An end to detention of children alongside Israeli criminals;
· Allow for entry of clothes and some outside foods; and
· An end to the policy of imposing fines on detainees.
It should be noted that the Israeli abuses which the Palestinian detainees are struggling to end amount to grave violations of international principles for the treatment of prisoners, particularly the UN Minimum Standards for the Treatment of Prisoners of 1955, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by the UN General Assembly in 1988, and the Convention against Torture of 1984, which Israel ratified in 1991.
Israeli law provides for protection of Israel Security Agency (ISA) interrogators who are involved in the practice of torture and/or abuse of Palestinian detainees.
Israel’s General Security Service Law (2000) grants ISA personnel de jure immunity for acts committed in the course of service as long as the agents acted “reasonably and in good faith,”[[1]] which allows torturers to resort to what is called the “necessity defense.
” In addition, Israeli law exempts the police from recording interrogation sessions with Palestinian detainees.
[[2]] However, police are obliged to record interrogations with Israeli prisoners.
The Al Mezan Center for Human Rights reiterates its condemnation of Israel’s grave and systematic violations of international humanitarian law.
It pays tribute to Palestinian prisoners’ struggle in confronting Israel’s abuses.
Al Mezan asserts its resolve to continue defending Palestinian prisoners and detainees while exposing violations of their rights.
Al Mezan notes that the efforts of human rights organizations cannot be expected to bear fruit unless Palestinian political unity is restored; the issue of Palestinian prisoners and detainees held by Israel is prioritized; and Arab and international efforts are undertaken to exert pressure on Israel to respect its obligations and end the systematic violations of the relevant rules and standards of international law.
In this context, Al Mezan reiterates its call on civil society organizations, local and international human rights organizations, and political parties to make serious efforts to expose Israeli violations of the rules of international law, including its enforcement of laws and military orders allowing for administrative detention and the holding of Palestinians as “unlawful combatants.
” Action must also be taken to ensure Israeli respect of the relevant legal obligations, including providing for the needs of prisoners and detainees, including healthcare, family visits, and contact with the outside world.
Palestinians must be protected from torture and abuse.
Moreover, efforts must be redoubled to secure the release of children, women, and those detained without charge or trial, as a first step towards release of all Palestinian prisoners held in Israeli prisons and detention centers.
End
[1] Sec.
18 of the General Security Service Law (2000).
[2] Amendment No.
4 of 17 June 2008 to the Criminal Procedure (Interrogating Suspects) Law
(2002), extending the exemption from recording of investigations of security offenses under section 17 of the law from July 2008 to July 2012.
The government’s proposal to make this exemption a permanent feature of the law was rejected by the Knesset.
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