Palestinian prisoners in Israel

The future of Palestinian prisoners detained by Israel in the context of the Israeli–Palestinian conflict is considered central to progress in the Israeli–Palestinian peace process.[1] Cases of prison sentences include the charges of terrorism or being a member of an "illegal terrorist organization", such as Hamas or prior to the Oslo Accords the Palestine Liberation Organization, but according to some accounts also by political activism such as raising a Palestinian flag.[2][3]

In December 2011, 4,772 Palestinian security prisoners were serving terms in Israeli prisons. Of these, 552 were sentenced to life terms.[4]

In April 2022, there were 4,450 Palestinian security prisoners in Israeli prisons – including 160 children, 32 women, and over 1000 "administrative detainees" (indefinitely incarcerated without charge).[5]

Overview
Damon prison, located at the depopulated Palestinian village of Khirbat Al-Dumun
Jalame Prison (Kishon Detention Center), located at the depopulated Palestinian village of Al-Jalama, Haifa

The Israeli military court system for the occupied territories, modeled partially on the British military court system set up in 1937,[6] was established in 1967, and had been called the institutional centerpiece of the occupation, and within it West Bank Palestinians are treated as "foreign civilians".[7]

The measures it applies, combining elements of colonial administration and martial law, cover not only incidents involving recourse to violence but many other activities, non-violent protests, political and cultural statements and the way Palestinians are allowed to move or associate with each other.[8]

Some of the problematic facets of the system Palestinian prisoners are subject to are, according to sociology professor Lisa Hajjar; prolonged detention of suspects incommunicado, impeding a client's access to his lawyer, the routine use of coercion under interrogation to obtain confessions and the introduction of "secret evidence".[9]

Hundreds of thousands of Palestinians have been put on trial since 1967. According to Saree Makdisi the cumulative total of Palestinians imprisoned by Israel reached 650,000 in 2005.[10] Of these, according to Tamar Pelleg-Sryck (2011), tens of thousands have been subjected to administrative detention.[11] The incarceration rate was the highest in the world during the First Intifada (1987–1992) – and their conviction rates varied from 90 to 95%, being for the most part secured by plea bargains in 97% of cases. According to Red Cross statistics, in the first two decades of the occupation, from 1967 to 1987, one in three Palestinians, about 500,000, were detained by Israeli forces,[12] and on any given day the courts would be crammed with "children in handcuffs, women pleading with soldiers, anxious people thronging lawyers for information."[13] After the Oslo Accords, courts in Palestinian towns were withdrawn to Area C, causing greater difficulty for lawyers and family of the defendant to get access to the tribunals because of the permit system.[14]

The specific practice of administrative detention was initially introduced by the British to subdue Palestinians, but was then increasingly applied to cope with behavior by Jewish political activists and suspected members of Jewish paramilitary organizations, an extension vigorously opposed by Jewish settlers at the time and one which Jewish lawyers in July 1936 argued should be repealed. Dov Yosef likewise argued in 1948 that the practice abolished the writ of habeas corpus and had led to the improper incarceration by the British of numerous Jewish activists. [15] The state of Israel, on securing independence however, retained this body of regulations on the new state's statute book.[16] Article 111 therein enabled military commanders to arrest and detain anyone, without public reasons given or the laying of formal charges or trial, for periods of up to one year, though a provision exists for indefinitely extending any person detained under the order.[16] The Fourth Geneva Convention permits detentions, and on these precedents the IDF promulgated its Article 87 of the Order Concerning Security Instructions, and applied it to cases where the rules of evidence of Israeli courts would not allow the suspect to be convicted.[17] Egregious examples of the practice took place early in the occupation. Taisir al-Arouri, a Bir Zeit University professor of Mathematics, was arrested at night on 21 April 1974 and released on 18 January 1978, after suffering 45 months of imprisonment without trial or charges being laid, only after Amnesty International issued a public protest.[18]

Writing in 1978 Michael Goldstein called the detention system "an aberration of criminal justice", but temporary in nature and dictated by an ongoing war situation. He credited Israel with refraining from making it part of their judicial, as opposed to military, system.[19] In a five-month period of the First Intifada alone, Israel put 1,900 Palestinians under an administrative detention order.[20] For the decade from 2000 to 2009 it was estimated that at any one time anywhere between 600 and 1,000 Palestinians were subjected annually to administrative detention.[21] Amnesty International stated that in 2017 Israeli authorities continue to adopt administrative detention rather than criminal prosecution to detain "hundreds of Palestinians, including children, civil society leaders and NGO workers, without charge or trial under renewable orders, based on information withheld from detainees and their lawyers", and that administrative detainees numbered 441.[22]

Notable Palestinians who have been recently subjected to the process include Khalida Jarrar and Ahmad Qatamesh, both of whom are regarded by Amnesty International as prisoners of conscience.[23][24]

Number of prisoners

According to the Palestinian Centre for Human Rights, from the Six-Day War (1967) to the First Intifada (1988), over 600,000 Palestinians were held in Israeli jails for a week or more.[25] Rory McCarthy, The Guardian's Jerusalem correspondent, estimated that one-fifth of the population has at one time been imprisoned since 1967.[26] On 11 December 2012, the office of then-Prime Minister Salam Fayyad stated that since 1967, 800,000 Palestinians, or roughly 20% of the total population and 40% of the male population, had been imprisoned by Israel at one point in time. About 100,000 had been held in administrative detention.[27] According to Palestinian estimates, 70% of Palestinian families have had one or more family members sentenced to jail terms in Israeli prisons as a result of activities against the occupation.[28]

According to B'Tselem, there was a decline, starting in 1998, in the number of Palestinians held in administrative detention. Less than 20 were held from 1999 to October 2001. However, with the start of the Second Intifada (2000), and particularly after Operation Defensive Shield (2002), the numbers steadily rose.[29] According to the Fédération Internationale des ligues des Droits de l'Homme (FIDH), from the beginning of the Second Intifada to April 2003, more than 28,000 Palestinians were incarcerated. In April 2003 alone there were more than 5,500 arrests.[30]

In 2007, the number of Palestinians under administrative detention averaged about 830 per month, including women and minors under the age of 18.[31] By March 2008, more than 8,400 Palestinians were held by Israeli civilian and military authorities, of which 5,148 were serving sentences, 2,167 were facing legal proceedings and 790 were under administrative detention, often without charge or knowledge of the suspicions against them.[32] In 2010, the Palestinian Central Bureau of Statistics reported that there were "over 7,000" Palestinians in Israeli jails, of them 264 under administrative detention.[33] Most of the prisoners are held at Ofer Prison in the West Bank and Megiddo and Ketziot prisons in Israel.[32]

In April 2008, Adalah: the Legal Center for Arab Minority Rights in Israel stated that 11,000 Palestinians were in prison and detention in Israel, including 98 women, 345 minors, 50 members of the Palestinian Legislative Council, and 3 ministers of the Palestinian National Authority.[34] Of these 11,000 Palestinian prisoners, 8,456 were from the West Bank, 762 from the Gaza Strip, and 694 from within Israel itself (including 552 from Jerusalem).[34] In October 2008, Haaretz reported that 600 Palestinians were being held in administrative detention in Israel, including "about 15 minors who do not know even know why they are being detained."[35]

In May 2020, there were 4,236 Palestinian security prisoners in Israeli prisons, including 352 held in administrative detention, meaning incarceration without charge.[5]

In April 2022, there were 4,450 Palestinian security prisoners in Israeli prisons – including 160 children, 32 women, and 530 "administrative detainees" (incarcerated without charge).[5]

Minors

In 2000–2009, 6,700 Palestinians between the ages of 12 and 18 were arrested by the Israeli authorities, according to Defence for Children International's Palestine Section (DCI/PS). In 2009, a total of 423 were being held in Israeli detention and interrogation centers and prisons. In April 2010 the number dropped to 280. DCI/PS states that these detentions stand in contravention of international law.[36] Up to August 2013, 193 minors were imprisoned, and according to The Economist, "nearly all" were "brought to court in leg shackles and handcuffs."[37]

Public figures
Marwan Barghouti, a leader of the al-Aqsa Martyrs Brigades militia, convicted by Israeli court on five counts of murder and sentenced to five life sentences and forty years in prison.

There are several Palestinian leaders and politicians held in Israeli jails, including 47 Hamas members of the Palestinian Legislative Council, in addition to some ministers and the mayors and municipal council members of various towns and cities in the West Bank.[26]

Marwan Barghouti a leader of the al-Aqsa Martyrs Brigades militia and al-Mustaqbal political party, was arrested and tried by an Israeli civilian court for attacks carried out by the Al-Aqsa Martyrs' Brigades. He was convicted on 20 May 2004 on five counts of murder and sentenced to five life sentences and forty years.

Ahmad Sa'adat, secretary-general of the Popular Front for the Liberation of Palestine (PFLP) is currently held by Israel.[32] In 2002, he was tried, convicted and imprisoned in Jericho by the Palestinian National Authority, for his role in the assassination of Israeli Tourism Minister Rehavam Zeevi on 17 October 2001 by the PFLP. The Palestinian Supreme Court later declared his imprisonment unconstitutional. His imprisonment by the PNA, rather than extradition to Israel as required by the Oslo Accords, was negotiated between the PNA, Israel the US and the UK. Under the terms of that agreement, the imprisonment was to be monitored by US and UK observers. On 14 March 2006, after both the American and British monitors, as well as the Palestinian guards of the Jericho jail abandoned their posts, Israeli forces surrounded the prison in Jericho and took Sa'adat, who has been under administrative detention since then.

In 2005, three members of Nablus's municipal council including the mayor Adly Yaish, Qalqilya mayor Wajih Qawas, Beita mayor Arab Shurafa,[38] and two members of the Bani Zeid municipal council – all members of Hamas were arrested.

Payments by Palestinian Authority
Main article: Palestinian Authority Martyrs Fund

In 2003, Palestinian law mandated a monthly salary of $250 to Palestinian security detainees imprisoned in Israel for up to five years, with a higher payment to those serving a longer term. Those who served a life sentence were paid $1,000 per month. In January 2011, Prime Minister Salam Fayyad enacted an amendment to increase these payments by 300%.[39]

In March 2009, an extra $190 was added to these payments to prisoners affiliated with Palestine Liberation Organization factions in Israeli prisons. Each PLO-affiliated prisoner receives $238 per month, along with an extra $71 if they're married and $12 for each child.[40]

As of May 2011, the Palestinian Authority spent $4.5 million per month paying Palestinian prisoners in Israeli jails, including prisoners convicted of murdering civilians, and $6.5 million to the families of suicide bombers. The salaries, funded by the PA, are given to Fatah, Hamas, and Islamic Jihad prisoners. These payments comprise 6% of the PA's budget. Hamas member Abdullah Barghouti, who was sentenced to 67 life terms for perpetrating the killings of 67 Israelis, receives NIS 4,000. In addition, prisoners who have been imprisoned for over 30 years receive NIS 12,000 ($3,000) per month.[39]

In November 2011, ahead of the Eid Al-Adha holiday, the Palestinian Authority paid Palestinian prisoners 550 NIS (about $140), as well as 50 NIS (about $12) to purchase sweets during the holiday.[41]

Prisoner exchanges and releases

Israel has released Palestinians in prisoner exchange agreements concluded with various Palestinian militia factions. In 1985, Israel released 1,150 prisoners, including Sheikh Ahmed Yassin, in exchange for three Israeli POWs being held by Ahmed Jibril.[42] The 1995 Interim Agreement on the West Bank and the Gaza Strip called for the release of Palestinian detainees in stages, as part of a series of "confidence-building measures".[43][44] Upon the Israeli withdrawal from populated Palestinian centers in 1995, many Palestinians in military jails were transferred to jails inside Israel, which some Palestinian activists said was a breach of articles 49 and 76 of the Geneva Conventions prohibiting deportations.[44][45] The 1998 Wye River Memorandum specified that Israel was to release 750 Palestinian prisoners, some 250 of which were released by the time of the Sharm el-Sheikh Memorandum in 1999.[43][46] Wye 2 reduced the number of those to be released from 500 to 350, and these were freed by mid-October 1999.[46] Israeli released 26 security prisoners at the beginning of Ramadan,[47] half of whom had a few months left to serve.[46] An additional seven prisoners from East Jerusalem were released the next day after protests from the Palestinian Authority, which had expected more.[46] In 2000, another 18 prisoners were released as a goodwill gesture in March and June.[46]

At the Sharm el-Sheikh Summit on 8 February 2005, Israel pledged to release another 900 Palestinian prisoners of the 7,500 being held at the time.[48][49] By the spring of 2005, 500 of these had been released, but after Qassam rocket attacks on Sderot on 5 May, Ariel Sharon withheld the release of the remaining 400, citing the need for the Palestinian Authority to rein in militants.[48]

On 25 August 2008, Israel released 198 prisoners in a "goodwill gesture" to encourage diplomatic relations and support Fatah leader Mahmoud Abbas.[26]

On 15 December 2008, Israel released 224 Palestinian prisoners from Ofer Prison in the West Bank, 18 of them released to the Gaza Strip.[50]

In 2011, the Israeli government released 1,027 Palestinian prisoners in exchange for Gilad Shalit, an Israeli soldier held by Palestinian militants in the Gaza Strip for more than five years.[51] Hamas leader Ahmed Jabari was quoted in the Saudi Arabian newspaper Al-Hayat as confirming that the prisoners released as part of the deal were collectively responsible for the killing of 569 Israeli civilians.[52][53] The agreement was the largest prisoner exchange agreement in Israeli history and the highest price Israel has ever paid for a single soldier.[54][55] Gilad Shalit was also the first captured Israeli soldier to be released alive in 26 years.[56]

In October 2012, according to data compiled by the Israeli daily Yedioth Ahronoth, dozens of the prisoners released in the Gilad Shalit exchange had resumed terror activity. Many had joined the leadership of Hamas, others had developed weapons and fired rockets, some had recruited members to terrorist cells in the West Bank. Former prisoners in the West Bank have also engaged in violent activity, and Israel arrested 40 of them for rioting, throwing Molotov cocktails, funneling money to terrorism, and other acts. One cell in Hebron planted a bomb in Jerusalem and plotted to kidnap an Israeli soldier. However, a senior defense official stated that cooperation between Israeli security forces and Palestinian Authority was effective in tracking the individuals and preventing further attacks.[57]

In August 2013, the Israeli Cabinet agreed on a four-stage process by which 104 Palestinian prisoners will be released as part of a "confidence-building" measure aimed at boosting renewed Israeli-Palestinian peace negotiations.[58] All of the prisoners slated for release were convicted for terrorism against Israel before the signing of the Oslo Accords in September 1993; most were either directly involved in the murder of Israelis and many were serving life sentences.[59][60]

In December 2013, Israel freed another 26 Palestinian prisoners under the peace talks brokered by US Secretary of State John Kerry.[61]

Breach of international law

Terrorists versus "prisoners of war"
Further information: right to resist

In July 2003, the International Federation for Human Rights (FIDH) reported that "Israel does not recognize Palestinian prisoners as having the status of prisoners of war."[30] The prisoners are instead treated as politically motivated criminals or terrorists, and either charged with terrorist offences or violent crimes or administratively detained without charge.

It has been argued by supporters of the Palestinian cause that according to the Geneva Conventions, Palestinians who are members of armed resistance organizations should be entitled to prisoner of war status and not called terrorists.[62]

The position of the Geneva Conventions with regard to Palestinians detained for armed activity against Israeli forces is not entirely clear. Additional Protocol I[63] – which applies during armed conflicts against alien occupations (Article 1(4) ) – would give lawful combatant status (and therefore prisoner of war status if captured) to fighters who do not wear uniforms or have a distinctive mark due to the nature of the conflict, so long as they carry arms openly during military engagements (see Article 44(3) ). However, this protocol has not been ratified by Israel.[64]

The Third Geneva Convention of 1949,[65] which Israel has ratified,[66] provides more limited protection, giving prisoner of war status to fighters in organised resistance movements fulfill conditions laid out in Article 4(2), including "being commanded by a person responsible for his subordinates" and "having a fixed distinctive sign recognizable at a distance", with Article 4(6) protecting inhabitants of non-occupied territory who spontaneously resist the enemy in some circumstances.

Deportation of prisoners

Until the early 1990s, Palestinian prisoners were held in detention facilities in the West Bank and the Gaza Strip. Since then, most of them are deported to prisons and detention centres on Israeli territory[67] This was described as a violation of the Fourth Geneva Convention, which states that detained persons have the right to remain in occupied territory in all stages of detention, including serving of sentences if convicted.[68] On 28 March 2010, the Supreme Court of Israel rejected a petition by the human rights group Yesh Din seeking to halt the practice of detention inside Israel.[67]

Administrative detention
Main article: Administrative detention § Israel
Further information: Defence (Emergency) Regulations
Khalida Jarrar has been in administrative detention since October, 2019.

Amnesty International has stated that Israel has imprisoned Palestinians for prolonged periods, without charging them or putting them on trial.[69] Israel has said that detention without trial is a necessary security measure used to avoid exposing confidential information in trials.[70] The European Union has criticized the policy.[71] Within the West Bank, any local army commander can issue an administrative detention order, and the order can be appealed at the local military court, or, if denied there, at the Supreme Court. However, the Supreme Court almost never intervenes.[72]

The first use of an administrative detention order in the West Bank following the 1967 War was on 3 September 1967. Over 100 people were detained during the first year of the occupation. The detainees were held for up to a year or deported. In 1974 there was a crack down on Palestinian nationalist organizations which led to 200 people being detained, some of whom were held without trial for five years. In 1978 Amnesty International launched an appeal against the use of administrative detention which led to a change in procedures. The number detained fell from 30 cases in 1978 to only one in 1981. He was released in March 1982 having been held for seven years. The use of administrative detention orders resumed in August 1985 with over 100 detained in two weeks.[73]

Some notable examples include:

  • On 20 March 2010, Moatasem Nazzal, a 16-year-old Palestinian was arrested at his home in Qalandiya refugee camp without explanation and remained imprisoned until 26 December 2010.[69]
Khader Adnan graffiti in Ramallah
  • On 17 December 2011, Israel arrested Khader Adnan for "activities that threaten regional security". While Adnan was a member of the Palestinian Islamic Jihad, Israel did not accuse Adnan of direct involvement in any attacks by the group. Israeli officials did not charge him with any crime. After Adnan went on a hunger strike, the Israeli justice ministry announced that he would be released. This announcement reportedly cancelled a judicial review of the Israeli practice to hold prisoners without trial.[71]
  • On 21 November 2015, Palestinian journalist Muhammad al-Qiq was put on administrative detention, allegedly for "terror activity". His case gained notoriety as he went on a hunger strike to protest his detention. He was released on 19 May 2016 after enduring a 94-day hunger strike and without having been charged with any crime.[74]
  • On 15 June 2016, Bilal Kayed was placed under administrative detention after being released from a 15-year-long prison sentence. Kayed went on a hunger strike and eventually reached a deal with Israeli authorities to be released at the end of the six months.[75]
  • On 3 April 2017, a 16-year-old boy Nour Issa was placed under administrative detention for four months (subsequently extended to seven) on charges of "incitement on Facebook".[76][77]

As of January 2012, 309 Palestinians were held without criminal charges, according to B'Tselem:[78]

  • 16 Palestinians have been held without charge for 2–4.5 years
  • 88 have been held for 1–2 years
  • 80 have been held for 6 months-1 year

In July 2012 the number had decreased to 250.[79] According to the Israel Prison Service figures for December 2012, 178 Palestinians were being held in administrative detention (without charge or trial).[80] According B'Tselem that number had risen to 352 in May 2020.[81]

As of August 2022, more than 700 persons were held in administrative detention, all of them Palestinian including 7 Israeli citizens.[72] According to the Israeli rights group HaMoked, as of 2023, there are over 1,000 detainees, the highest figure since 2003.[82]

On 2 May 2023, Khader Adnan passed away following an 87-day hunger strike while in administrative detention for the 12th time.[83]

Allegations of human rights abuse

The IDF has been accused of prisoner abuse by Palestinian advocacy organizations.[84][85][86]

Physical torture

Until 1999, "moderate physical pressure" was permitted in the interrogation of suspects by the Israeli Shin Bet, as outlined in the Landau Commission report of 1987.[43] B'Tselem drew up a list of alleged interrogation methods that includes: "depriving the interrogee of sleep for a number of days by binding him or her in painful positions; playing loud music; covering their head with a filthy sack; exposing the interrogee to extreme heat and cold; tying them to a low chair, tilting forward; tightly cuffing the interrogee's hands; having the interrogee stand, hands tied and drawn upwards; having the interrogee lie on his back on a high stool with his body arched backwards; forcing the interrogee to crouch on his toes with his hands tied behind him; violent shaking of the detainee, the interrogator grasping and shaking him; using threats and curses, and feeding him poor-quality and insufficient amounts of food."[87]

In 1997, the United Nations Committee Against Torture stated that such methods constituted torture and were in breach of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a convention ratified by Israel in 1991.[43] In September 1999, Israel's High Court ruled that the Israeli Security Agency (ISA) does not have legal authority to use physical means of interrogation that are not "reasonable and fair" and cause the detainee to suffer. While the court noted that a reasonable interrogation is likely to cause discomfort and put pressure on the detainee, this is lawful only if "it is a 'side effect' inherent to the interrogation," and not aimed at tiring out or "breaking" the detainee as an end in itself.[88]

Uri Davis wrote that the ruling of 1999 came after 50 years of silence "in the face of systematic torture practiced in Israeli jails and detention centers against Palestinian prisoners and detainees, as well as other prisoners."[89] However, Davis also notes that after the Supreme Court ruling, the Public Committee Against Torture in Israel found that "torture has, in most cases, ceased."[89]

In 2000, an official Israeli report acknowledged torture of detainees during the First Intifada. The report said that the leadership of Shin Bet knew about the torture but did nothing to stop it. Human rights organisations claim some detainees died or were left paralysed.[90]

Curtailing of visitation rights

In 2007, Israel prevented families from Gaza to visit their relatives after the capture of the Israeli soldier Gilad Shalit. The restrictions increased after armed groups in Gaza kidnapped the bodies of two Israeli soldiers killed during the 2014 Gaza conflict.[91]

Education programs

In 1967, Palestinian prisoners were initially denied pencils and paper.[92] In the wake of prisoner protests, access was granted to pens, pencils, paper, books, newspapers and monitored radio broadcasting.[92] Libraries were established in every prison, and literacy and language courses were organized. Young prisoners were offered classes to prepare for the General Secondary Examination.[92] Thousands of Palestinian prisoners have learned Hebrew in Israeli prisons.[93]

In the 1980s, according to Maya Rosenfeld, the option of armed resistance was completely blocked and prisons became a "sanctuary". Her research among Palestinian refugees in the Dheisheh camp in Bethlehem found that the politicization process of young men from the camp underwent a qualitative transformation during their period of imprisonment, which she attributes to the internal organization practices of Palestinian prisoners and the central role of studies and education.[94]

Eventually, Palestinian prisoners were allowed to take online courses from the Open University of Israel and to complete academic degrees. Under the program, education for the prisoners was free, with prison authorities paying their university tuition. In 2009, there were 250 Palestinian prisoners studying at Israel's Open University.[95]

In June 2011, Prime Minister Benjamin Netanyahu announced, in response to a halt in the peace talks, that Palestinian prisoners would no longer be granted the right to pursue academic degrees in prison.[96] In late 2012, three prisoners appealed the decision the Israeli Supreme Court, which rejected their appeal. In their ruling, the judges stated that the right to free university education does not apply to those convicted of terror offenses. The ruling did, however, call on prison authorities to be "considerate" in deciding the cases of prisoners already in the midst of academic programs.[97]

Hunger strikes

In 1998, there were nine hunger strikes conducted by Palestinian prisoners in different prisons in Israel.[43] On 1 May 2000, almost 1,000 of the 1,650 Palestinian prisoners being held in Israeli prisons at the time participated in a month-long hunger strike, in protest against "arbitrary treatment by prison officials, substandard prison conditions, prohibitions on family visits, use of solitary confinement, poor medical care, and Israel's refusal to release all the categories of prisoners specified in its agreements with the Palestine Liberation Organization (PLO)."[98][99] Mass demonstrations in solidarity with the prisoners erupted throughout the areas of Palestinian self-rule in the days following, culminating in a mass protest on 15 May (the anniversary of the Nakba) and ending on 18 May, with 7 Palestinians killed and 1,000 injured. In addition, 60 Israelis were also wounded.[99] The hunger strike was ended on 31 May after Israeli prison authorities promised to review the complaints and ease restrictions on visitations. A report by the Israeli government released in June 2001 on conditions in the Shatta prison noted that the living conditions were "particularly harsh" in the wing where prisoners from the Occupied Palestinian Territories were held, and concluded that the exposed tents and filthy bathrooms in which prisoners were housed and bathed were unfit for human use.[98]

In February 2017, Mohammed al-Qiq, a Palestinian journalist in an Israeli prison threatened an open hunger strike against administrative detention upon his re-arrest which the Israel Security Agency stated was for "terror activity" for the Islamist group Hamas.[100] He was released from prison in May 2016 after a 94-day hunger strike and re-arrested in mid-January after participating in a protest on the West Bank demanding the release of bodies of Palestinian militants. Al-Qiq was one of a number of prominent Palestinian hunger strikers in 2016, who included the Balboul brothers who went without food for 77 and 79 days, Malik al-Qadi for 68 days, Bilal Kayid for 71 days.[101]

2012 mass hunger strikes

Following his arrest on 17 December 2011, Khader Adnan, alleged by Israel to be a leader of the Palestinian Islamic Jihad, began a hunger strike in protest at what he claims were the violent circumstances of his arrest.[102] Hundreds of Palestinians in Israeli prisons reportedly joined Adnan in his hunger strike as an act of solidarity.[103] In April 2012, he was released after fasting for 66 days.[104]

In February 2012, approximately 1,800 Palestinian prisoners held in Israeli prisons began a mass hunger strike in protest at the practice of administrative detention. Israel holds about 4,500 Palestinian prisoners, of which about 310 are being held in administrative detention, without the right to a trial. Four of the hunger strikers spent over two months without food. The demands of the hunger strikers included the right to family visits for prisoners from Gaza, the end of the use of extended solitary confinement and the release of those held under the administrative detention laws. Demonstrations in support of the prisoners were held in Nazareth, Umm al-Fahm, Kfar Kanna and Haifa.[105][106]

On 7 May 2012, the Israeli Supreme Court rejected the appeals on human rights grounds of two of the prisoners, Tha'er Halahlah and Bilal Diab.[107][108] A few days later, United Nations Secretary General Ban Ki-Moon and the International Committee of the Red Cross both expressed concern about the condition of the hunger strikers.[109][110]

On 14 May, it was announced that the prisoners had agreed to end their hunger strike, having reached a deal with the Israeli authorities, brokered by Egypt and Jordan and following a formal request from Mahmoud Abbas. Under the deal, Israel agreed to limit administrative detention to six months, except in cases where new evidence against a suspect had emerged, to increase access to family visits and to return prisoners in solitary confinement to normal cells.[111][112] There was also an agreement to open further discussions on improving prison conditions and representatives of the hunger strikers agreed not to engage in militant activity, including recruitment, within prisons.[107] Hanan Ashrawi of the Palestinian National Council stated the hunger strikers had "truly demonstrated that non-violent resistance is an essential tool in our struggle for freedom".[112]

Detention of Hisham Abu Hawash

In August 2021, Hisham Abu Hawash, a 40-year-old construction worker and father of five from Dura, began a hunger strike in protest of his detention, as he had been held without charges or evidence against him since October 2020.[113] An alleged member of Islamic Jihad, Abu Hawash had previously been arrested and plead guilty to terrorism offences.[114] Israel justified his detention on the grounds that doing so was necessary in foiling potential attacks and to avoid outing intelligence sources. Abu Hawash denies being a member of Islamic Jihad. Thousands campaigned for his release on social media, and the West Bank and Gaza saw protests in the form of street rallies.[115][116]

In January 2022, his lawyer, Jawad Boulos, announced that the detainee had agreed to end the 141-day strike, which was believed to be the longest hunger strike held by a Palestinian prisoner since Samer Issawi's hunger strike in 2013 after a compromise was reached between Israeli and Palestinian Authority (PA) officials to have him released him on 26 February 2022, when the second renewable six-month term of his detention would end. Palestinian officials agreed they'd ensure Abu Hawash would not be involved in any terrorist activities. The deal was mediated by Egyptian officials. During his hunger strike, Abu Hawash had also refused medical care. A medical team from the International Committee of the Red Cross visited the prisoner in early January and warned that he was in critical condition and could face irreversible health consequences or even death. He is to remain in the hospital until his release.[117][118][113]

Political and social activism

According to Yezid Sayigh, an "inadvertent consequence" of Israel's internal security measures was to contribute to the social mobilization of Palestinian society.[119] Due to a large number of students and youth in prison from the mid-1970s to early 1980s, the prison population "tended to be young, educated, and familiar with the tactics of civil disobedience and unarmed protest."[119] In prison, they were exposed to political indoctrination and instruction in security and organization from veteran guerillas.[119] Prisoners organized themselves according to political affiliation and initiated educational programs, making the prisons "unsurpassed 'cadre schools'".[119] Upon their release, they became leaders of students movements in Palestinian universities and colleges.[119] An Israeli investigation among Palestinian prisoners in the early stages of the First Intifada found that their political mobilization was not so much ideologically based, as it was a function of repeated humiliations at the hands of Israeli forces.[120]

Palestinian Prisoners' Document
Main article: Palestinian Prisoners' Document

Five Palestinian prisoners being held in Israeli jails, affiliated with Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine (PFLP), and the Democratic Front for the Liberation of Palestine (DFLP), authored the Palestinian Prisoners' Document in 2006. The document outlined 18 points on the basis of which negotiations with Israel should proceed.

Palestinian Prisoners Club

The Palestinian Prisoners Club is an independent, non-governmental, Palestinian organization which was established in 1993 with around 1,600 members of former Palestinian prisoners who were at least a year in an Israeli jail. The purpose of the club is to assist and support the thousands of Palestinian prisoners in Israeli jails. The club operates in variety of ways, ranging from legal aid, political action for the release of the prisoners, to aid to the families of prisoners.[121][122] Abdulal al-Anani is the president of the club,[123] and Abdullah Zghari is the club's executive director.[124] However, since at least 2011, Qadura Fares has been consistently referred to as the "head" of the Palestinian Prisoners Club, so it is unclear exactly what position Fares actually holds.[125][126]

Mohammed Abu Sakha

In March 2016, Amnesty International launched[127][128] a campaign to free a Palestinian circus trainer Mohammed Abu Sakha, who was held without a charge or trial since his arrest in December 2015. Shin Bet claimed that the reason for the detention is that Sakha is a member of a terrorist organisation.[129] The main purposes of the campaign were to put pressure on Israel and to highlight[130] the cases of over 600[131] other prisoners in similar situation. The call was answered with protests being held around the world.

Sakha was eventually released on August 30, 2017, after being held for almost two years.[132]

See also

Notes

    Citations
    1. Europa Publications (2003). The Middle East and North Africa 2004. Routledge. p. 554. ISBN 9781857431841.
    2. Punamäki 1988, p. 81.
    3. Falk 2002, p. 26.
    4. Izikovich, Gili (6 December 2011). "Abbas should change his locks before next wave of Palestinian prisoners freed". Haaretz. Retrieved 24 March 2014.
    5. "Statistics on Palestinians in the custody of the Israeli security forces".
    6. Ehrenreich 2016, p. 33.
    7. Hajjar 2005, p. 2.
    8. Hajjar 2005, pp. 3–4.
    9. Hajjar 2005, p. 5.
    10. Makdisi 2010, p. 142.
    11. Pelleg-Sryck 2011, p. 123.
    12. Punamäki 1988, p. 82.
    13. Hajjar 2005, p. 11.
    14. Hajjar 2005, p. 14.
    15. Goldstein 1978, pp. 41–42.
    16. AI 1978, p. 337.
    17. Goldstein 1978, p. 38.
    18. AI 1978, p. 339.
    19. Goldstein 1978, p. 43.
    20. Playfair 1988, p. 413.
    21. Hoffnung & Weinshall–Margel 2010, p. 159.
    22. AI 2018b, pp. 208–209.
    23. AI 2018b, p. 210.
    24. AI 2018a.
    25. Arrests, imprisonment and torture Archived 31 May 2017 at the Wayback Machine, Palestinian Centre for Human Rights. Retrieved 27 June 2008.
    26. Israel releases 198 Palestinian prisoners Archived 3 July 2019 at the Wayback Machine, The Guardian, Tuesday 26 August 2008.
    27. Mar'i, Mohammed (12 December 2012). "Israeli forces arrested 800,000 Palestinians since 1967". Saudi Gazette. Archived from the original on 3 January 2014. Retrieved 13 June 2013.
    28. Hass, Amira (27 July 2015). "For Israel, it seems Goliath was the victim". Haaretz. Retrieved 25 September 2018.
    29. Administrative Detention Archived 4 June 2011 at the Wayback Machine, B'Tselem. Retrieved 27 June 2008.
    30. Fédération Internationale des ligues des Droits de l'Homme (FIDH) (13 July 2003). "Palestinian Prisoners in Israel: The Inhuman Conditions Being Suffered by Political Prisoners". Retrieved 12 September 2008.
    31. 2007 Annual Report: Human Rights in the Occupied Territories Archived 20 November 2019 at the Wayback Machine, B'Tselem, Special Report, December 2007.
    32. Who are the Mid-East prisoners: Palestinian prisoners Archived 2 September 2006 at the Wayback Machine BBC News. 31 March 2008.
    33. "'Over 7,000' Palestinians in Israel jails – Yahoo! News". news.yahoo.com. Retrieved 16 April 2010.
    34. Adalah:The Legal Center for Arab Minority Rights in Israel (17 April 2008). "Palestinian Prisoners in Israel's Prisons" (PDF). Retrieved 12 September 2008.
    35. Fadi Eyadat (16 October 2008). "Two Palestinian girls detained in Israel without trial for months". Haaretz. Retrieved 18 October 2008.
    36. "Palestinian Prisoners Day 2009: Highest number of children currently in detention since 2000". Defence for Children International's Palestine Section (DCI/PS). 18 April 2009. Archived from the original on 4 July 2010. Retrieved 6 January 2010.
    37. "Palestinian prisoners: Why they count". The Economist. 17 August 2013.
    38. Daraghmeh, Ali. Israeli Troops Round Up Hamas Lawmakers Archived 3 March 2016 at the Wayback Machine Associated Press. Washington Post. 24 May 2007.
    39. Ben Zion, Ilan (3 September 2012). "PA spends 6% of its budget paying Palestinians in Israeli jails, families of suicide bombers". The Times of Israel. Retrieved 4 September 2012.
    40. "Extra 800 shekels added to PLO prisoner payments following Abbas' order". Ma'an News. 3 March 2009. Archived from the original on 28 May 2013. Retrieved 4 September 2012.
    41. "Palestinian detainees to receive 550 Shekels for Eid". Ma'an News. 23 November 2011. Retrieved 4 September 2012.
    42. Ron Schleifer (2006). Psychological Warfare in the Intifada: Israeli and Palestinian Media Politics and Military Strategies. Sussex Academic Press. p. 38. ISBN 9781845191344.
    43. Academie de Droit Internationale, Anis F. Kassim (2000). The Palestine Yearbook of International Law 1998-1999. Martinus Nijhoff Publishers. p. 257. ISBN 9789041113047.
    44. Roane Carey & Noam Chomsky (2001). The New Intifada: Resisting Israel's Apartheid. Verso. pp. 198–199. ISBN 9781859843772.
    45. Jerry W. Wright (1999). The Political Economy of Middle East Peace: The Impact of Competing Trade Agendas. Routledge. p. 132. ISBN 9780415183956.
    46. Europa, 2004, p. 555.
    47. On page 252 of Politics and Sociolinguistic Reflexes, "security prisoners" is defined as a term used to refer to "Palestinians imprisoned in Israeli jails under the charge of being involved in acts that endanger the security of Israel."
    48. Angela Drakulich, United Nations Association of the United States of America (2005). A Global Agenda: Issues Before the 60th General Assembly of the United Nations. United Nations Publications. p. 79. ISBN 9781880632710.
    49. Tanya Reinhart (2006). The Road Map to Nowhere: Israel/Palestine Since 2003. Verso. p. 77. ISBN 9781844670765.
    50. Israel releases 224 Palestinian prisoners Archived 17 December 2008 at the Wayback Machine, International Herald Tribune, 15 December 2008.
    51. Quinn, Ben (18 October 2011). "Gilad Shalit freed in exchange for Palestinian prisoners". The Guardian.
    52. Army Radio newscast, 20 October 2011
    53. Shamir, Shlomo (20 October 2011). "Haaretz, 2011-10-20". Haaretz.com. Retrieved 24 March 2014.
    54. Collard, Rebecca (17 October 2011). "Gilad Shalit deal: West Bank prepares to welcome Palestinians home". The Christian Science Monitor. Retrieved 12 October 2012.
    55. Issacharoff, Avi (15 March 2011). "Israel and Hamas are both winners and losers in Shalit swap deal". Haaretz. Retrieved 7 October 2012.
    56. Knell, Yolanda (18 October 2012). "Shalit-prisoners exchange: One year on". BBC. Retrieved 18 October 2012.
    57. Fishman, Alex (17 October 2012). "Terrorists freed in Shalit deal resume terror activity, data shows". Ynetnews. Yedioth Ahronot. Retrieved 18 October 2012.
    58. Sherwood, Harriet (4 August 2013). "Middle East peace talks: is a deal possible this time?". The Guardian. Retrieved 5 November 2013.
    59. "Israeli ministers approve release of 26 Palestinian prisoners for peace talks". Haaretz. 27 October 2013. Retrieved 5 November 2013.
    60. Michael Schwartz; Ashley Fantz (30 July 2013). "A flicker of hope as Israeli-Palestinian peace talks set for Monday". CNN. Retrieved 5 November 2013.
    61. Hossam Ezzedine (30 December 2013). "Israel releases 26 prisoners as Kerry heads back to region". Yahoo News. Retrieved 3 January 2014.
    62. UN, 13 September 2011, Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 Archived 18 September 2013 at the Wayback Machine, par. 20–21 (doc.nr. A/66/358)
    63. ICRC, 1 December 2012, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 Archived 12 March 2013 at the Wayback Machine
    64. ICRC, 1 December 2012 Archived 6 November 2012 at the Wayback Machine Parties to Additional Protocol I
    65. ICRC, 1 December 2012, Archived 12 March 2013 at the Wayback Machine Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949
    66. ICRC, 1 December 2012, Archived 7 January 2017 at the Wayback Machine Map of States party to the Geneva Conventions and their Additional Protocols
    67. HCJ Rejects Petition against Holding Detained Palestinians in Israeli Territory Archived 11 March 2017 at the Wayback Machine Israeli Democracy Institute
    68. Ongoing Violations of the Rights of Palestinian Prisoners Archived 3 September 2010 at the Wayback Machine, Al-Haq
    69. "Israel and the Occupied Palestinian Territories". Amnesty International.
    70. B'Tselem, 1 January 2011, Criticism of administrative detention under the Administrative Detention Order Archived 17 October 2017 at the Wayback Machine
    71. "Longest Palestinian hunger strike ends in deal". Reuters. 21 February 2012.
    72. Hagar Shezaf (22 August 2022). "Number of Prisoners Held Without Trial in Israeli Jails Hits Highest Peak Since 2008". Haaretz.
    73. Middle East International No 263, 22 November 1985, Publishers Lord Mayhew, Dennis Walters MP; Sami al-Aboudi pp. 11,12
    74. "Israel detains former hunger striker Muhammad al-Qiq after protest – Middle East Observer".
    75. "Bilal Kayed released after 15 years in Israeli jail". A-Jazeera.
    76. "Israeli court imposes administrative detention on Palestinian child". new.palinfo.com.
    77. "Youngest Palestinian Detainee to Begin Hunger Strike – – IMEMC News". 5 August 2017.
    78. "Sharp rise in Palestinians held without trial: NGO". Al-Arabiya. 21 February 2012.
    79. "Statistics on administrative detention". B'Tselem.
    80. "Many injured in West Bank protests over hunger strikes". BBC. 21 February 2013.
    81. "Statistics on Administrative Detention".
    82. Husseini, Ibrahim (4 May 2023). "Khader Adnan and Israel's policy of administrative detention". The New Arab.
    83. "Palestinian Khader Adnan dies in Israel jail after 87-day hunger strike". The Guardian. 2 May 2023. ISSN 0261-3077. Retrieved 2 May 2023.
    84. Israeli army abuses Palestinian prisoners: group Archived 11 May 2020 at the Wayback Machine, Reuters, 22 June 2008.
    85. Report: Soldiers routinely abuse Palestinian prisoners Archived 22 November 2008 at the Wayback Machine, Haaretz, 22 June 2008.
    86. Utterly Forbidden: The Torture And Ill-Treatment Of Palestinian Detainees Archived 24 September 2018 at the Wayback Machine, B'Tselem & Hamoked, May 2007.
    87. "Torture: Background on the High Court of Justice's decision". Btselem: The Israeli Information Center for Human Rights in the Occupied Territories. Retrieved 12 September 2008.
    88. "Torture: Torture and ill-treatment as perceived by Israel's High Court of Justice". Btselem: The Israeli Information Center for Human Rights in the Occupied Territories. Retrieved 12 September 2008.
    89. Uri Davis (2003). Apartheid Israel: Possibilities for the Struggle Within. Zed Books. pp. 196–197. ISBN 9781842773390.
    90. "BBC – Israel admits torture". BBC News. 9 February 2000. Retrieved 24 March 2014.
    91. "Israel: Rules Curtail Gaza Family Visits to Prisoners". 1 August 2016. Retrieved 17 August 2016.
    92. Joshua A. Fogel (2005). Children of Palestine: Experiencing Forced Migration in the Middle East. Berghahn Books. p. 138. ISBN 9781845451202.
    93. Hanah Hertsog & Eliezer Ben-Rafael (2000). Language & Communication in Israel: Studies of Israeli Society. Transaction Publishers. p. 277. ISBN 9781560009986.
    94. Maya Rosenfeld (2004). Confronting the Occupation: Work, Education, and Political Activism of Palestinian Families in a Refugee Camp. Stanford University Press. p. 265. ISBN 9780804749879.
    95. Shaked, Ronny (20 June 1995). "100 Palestinian prisoners complete academic studies in jail – Israel News, Ynetnews". Ynetnews. Ynetnews.com. Retrieved 24 March 2014.
    96. Barak Ravid (23 June 2011). "Netanyahu: Israel to toughen conditions of Palestinian prisoners". Haaretz. Retrieved 16 May 2012.
    97. "Court: End of Free College for Terrorists – Defense/Security – News". Israel National News. 25 December 2012. Retrieved 24 March 2014.
    98. Human Rights Watch (2001). World Report 2001: The Events of 2000. Human Rights Watch. p. 394. ISBN 978-1-56432-254-8. palestinian prisoners hunger strikes.
    99. Europa Publications (2002). The Middle East and North Africa 2003. Routledge. p. 896. ISBN 9781857431322.
    100. "Palestinian journalist keeps up hunger strike". Business Standard. 5 February 2016. Retrieved 18 February 2016.
    101. "Muhammad al-Qiq begins new hunger strike to protest latest administrative detention". Maan News Agency. Retrieved 19 February 2017.
    102. Donnison, Jon (8 February 2012). "Palestinian on hunger strike 'in critical condition'". BBC News. Retrieved 16 May 2012.
    103. "Israel denies appeal of jailed hunger striker". Al Jazeera. 13 February 2012. Retrieved 16 May 2012.
    104. Karin Brulliard (23 April 2012). "Palestinian hunger strikes draw attention to Israeli detention practice". The Washington Post. Retrieved 16 May 2012.
    105. Edmund Sanders (12 May 2012). "Talks progress in bid to end Palestinian prisoners' hunger strike". Los Angeles Times. Retrieved 16 May 2012.
    106. Jack Khoury (12 May 2012). "Palestinian prisoners to continue hunger strike". Haaretz. Retrieved 16 May 2012.
    107. Harriet Sherwood (7 May 2012). "Israeli court rejects Palestinian hunger strike prisoners' appeal". The Guardian. London. Retrieved 16 May 2012.
    108. Kevin Flower & Kareem Khadder (6 May 2012). "Two Palestinians on hunger strike nearing death, says lawyer". CNN. Archived from the original on 16 May 2012. Retrieved 16 May 2012.
    109. "Concerned at plight of Palestinian hunger strikers, Ban urges solution without delay". United Nations. 9 May 2012. Retrieved 16 May 2012.
    110. Sandy Rashty (11 May 2012). "Abbas issues warning as hunger strikes continue". The Jewish Chronicle. Retrieved 16 May 2012.
    111. "Palestinian inmates in Israel end mass hunger strike". BBC News. 14 May 2012. Retrieved 16 May 2012.
    112. Donald Macintyre (15 May 2012). "Israel bows to pressure to end mass hunger strikes by Palestinians". The Independent. London. Archived from the original on 24 May 2022. Retrieved 16 May 2012.
    113. Abdulrahim, Raja; Bergman, Ronen (4 January 2022). "Palestinian Prisoner's Hunger Strike Leads to Deal for Release". The New York Times. ISSN 0362-4331. Retrieved 9 January 2022.
    114. Boxerman, Aaron. "Palestinian prisoner Hisham Abu Hawash to end hunger strike, attorneys say". www.timesofisrael.com. Retrieved 9 January 2022.
    115. "Pressure Mounts on PA to Save Palestinian Hunger Striker in 'Imminent Danger'". Haaretz. Retrieved 9 January 2022.
    116. "Israel agrees to release Palestinian prisoner on hunger strike". www.aljazeera.com. Retrieved 9 January 2022.
    117. Al-Mughrabi, Nidal (4 January 2022). "Palestinian prisoner ends 141-day hunger strike -officials". Reuters. Retrieved 9 January 2022.
    118. "Palestinian man to end hunger strike after Israel agrees to release". the Guardian. 5 January 2022. Retrieved 9 January 2022.
    119. Yazīd Ṣāyigh (1997). Armed Struggle and the Search for State: The Palestinian National Movement, 1949–1993. Oxford University Press. p. 478. ISBN 9780198296430.
    120. Laetitia Bucaille & Anthony Roberts (2004). Growing Up Palestinian: Israeli Occupation and the Intifada Generation. Princeton University Press. p. 159. ISBN 9780691116709.
    121. "The Palestinian Popular Resistance and Its Built-In Violence" (PDF). Intelligence and Terrorism Information Center. Retrieved 21 March 2014.
    122. Zhuravel, Anya (19 February 2013). "Fatah official warns of violence if prisoners aren't freed". The Times of Israel. Retrieved 24 March 2014.
    123. "Abbas demands release of key Palestinian prisoners". Yahoo. Retrieved 21 March 2014.
    124. "Palestinian museum showcases prisoner misery". Al Jazeera. 17 April 2013. Retrieved 21 March 2014.
    125. "PA official: Abbas won't condemn terror because Israel will say it's not enough". The Times of Israel. 6 October 2015. Retrieved 6 October 2015.
    126. "The current situation and conditions of imprisonment of Palestinians in Israeli prisons and detention facilities" (PDF). United Nations International Meeting on the Question of Palestine. Retrieved 6 October 2015.
    127. "Amnesty makes appeal for Palestinian clown detained by Israel". The Times of Israel. Retrieved 23 April 2016.
    128. "Palestinian circus teacher's appeal against administrative detention rejected by Israeli military court #FreeAbuSakha". Samidoun: Palestinian Prisoner Solidarity Network. April 2016. Retrieved 23 April 2016.
    129. Eglash, Ruth (16 June 2016). "Palestinians say man detained by Israel as a terrorist is actually a circus clown". The Washington Post. Retrieved 19 February 2017.
    130. Schwartz, Yardena (9 March 2016). "Why This Palestinian Clown is Being Jailed Without Trial". TIME.com. Time. Retrieved 23 April 2016.
    131. Wiles, Rich (22 April 2016). "Global calls to free Palestinian clown held by Israel". aljazeera.com. Al-Jazeera. Retrieved 23 April 2016.
    132. "Israel frees Palestinian clown after nearly two-year detention without charge". Middle East Eye. 31 August 2017. Retrieved 5 May 2023.

    Sources
    This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.