The price of intellectual resistance

by Sylvia

14 April 2012 | International Solidarity Movement, West Bank

“Our souls are not devastated, we are hanging on”

On the 7th November 2011, founder of the Palestinian Cultural Enlightenment (Tanwer) and lecturer at the An- Najah University, Dr. Yousef Abdul Haq, was arrested from his home at two o’clock in the morning. Dr. Yousef is in his 70’s and his health has suffered from mental strain and poor prison conditions. Well known for his calm and peaceful nature, Dr. Yousef’s daughter insists that her father will always support his people by telling the truth: a lot of people  are living in poverty because they are  under occupation. If my father tells the truth, eventually everyone will understand.”

Administrative detention is legally incompatible with basic international standards of human rights, when Israel holds the accused without charge or trial for long periods of time. The evidence of his or her offense is held in a “secret file,” which cannot be seen by the detainee or defense lawyer. The file is prepared by the Israeli intelligence service, which has gathered “evidence” by illegal means.

This has left Dr. Yousef’s family with no clue as to why he was taken in the middle of the night.

“No one has told us anything” says Yousef’s 21 year old daughter Shayma, a third year student at the An- Najah University. Dr. Yousef is a lecturer in economics and human rights and his co-creation of the Palestinian Enlightenment Project has painted him as a symbol of peaceful and intellectual freedom.

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abducted by Israel and taken to Zionist prisons. 
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Shayma describes the last night she saw her father, the rapping of fists and unfamiliar sound of Hebrew at her door house. She remembers distinctly as he faded into the shadow of the jeeps outside her windows.

Shayma, the daughter of Dr. Yousef, poses next to her father's portrait

“It’s strange” she said, “My father was laughing.  He is as strong as iron or steel. When we talk to him, it is him who encourages us when it should be the other way around.”

On that night, the family assumed he would be interrogated then released and waited from two until six in the morning before reading in the newspaper that he would be kept under administrative detention for four months.

It is this absence of information which makes this experience so agonizing for Palestinian prisoner’s families. Now in the sixth month of his administrative detention, Dr. Yousef’s release is pushed further back from the horizon each time it comes into sight with no explanation or court hearing.

When asked what she thinks will happen, Shayma explains “We hope for something. My mother is depressed, she is worried and she can’t sleep since she has heard of how they torture inmates.”

Though the family has rare permission to visit Ofer prison inside ‘48 territory, Dr. Yousef has advised against it. The journey has been made degrading and lengthy, sometimes waiting for hours in uncomfortable conditions as a further means of adding to the suffering of the Palestinian people. “It will only make it harder for us emotionally,” Shayma explained.

Articles 42 and 78 of the Fourth Geneva Convention permits administrative detention only “if the security of the Detaining Power makes it absolutely necessary “or for “imperative reasons of security”. These terms are widely accepted as applicable to the occupied territories of Palestine. The convention articulates that all civilians, weather in occupies territories or not, are fundamentally “entitled, in all circumstances, to respect from their persons, their honor, their family rights, their religious convictions and practices and their manners and customs”. These terms can only cease after the effective end of occupation. Israel ratified the Fourth Geneva Convention in 1951 and is bound by its terms.

That Dr. Yousef’s detention denies a class of young, educated Palestinian’s of human rights lecturer is of no coincidence.  Israel’s use of administrative detention to silence political figureheads is a concern raised by human rights movement Amnesty International, who explained that prisoners of conscious were being held “solely for non-violent exercise of their right to freedom of expression and association.”

“Our souls are not broken, we are hanging on”, says Shayma. As the struggle for her father’s freedom continues, she recalls her father’s advice, calling for unity and intellectual freedom.

Sylvia is a volunteer with International Solidarity Movement (name has been changed).

42 days of hunger strike: Take action to save Hassan Safady from dying in administrative detention

by  Silvia and Andreas

13 April 2012 | International Solidarity Movement, West Bank

Please SUBMIT pictures in solidarity with Hassan Safady
FREE HASSAN SAFADY
FREE ALL PRISONERS IN ADMINSTRATIVE DETENTION

Today Hasan Safady entered into his 42nd day of hunger strike. Ten months ago, he was brutally arrested from his home in the old city of Nablus and has since then been kept in administrative detention. Hassan’s older brother Fouad Safady explains that their family have been denied any communication or visits to Hassan, so any information gained has been acquired through his lawyer. Since Hassan began his hunger strike he has been exposed to severe violence and beatings from prison guards. In a further attempt to silence his resistance, Hassan has been threatened with an 800 shekel fine for each day of his hunger strike. This will have devastating economic consequences for him and his family.

Hassan’s condition became more critical ten days ago, when he was transferred to Ramla prison hospital. His health is said to have further deteriorated since he stopped taking water five days ago. This extreme measure was a response to his placement in solitary confinement. After being transferred to Ramla Hospital, Hassan’s lawyer was presented with a report about his medical condition stating that he has severe pains in stomach and head, and that his kidneys are in danger of taking irreparable damage.

Until now his family has had no information of his release. Hassan has been in administrative detention for a total of 105 months during the last ten years. His family is unsurprisingly resigned about the situation; “They will probably release him at some point and then arrest him again after two or three months. They play with us,” says Fouad Safad.

The Safady family has suffered irrevocably at the hands of the occupation. In 1996 Hassans brother Farik was killed by the Israeli army. Hassan’s parents have had to watch as each of their children were imprisoned or detained in Israeli military jails. In a deal  like that of Hana Shalabi’s, Hassan’s sister and husband have been deported to Gaza in exchange for their freedom, adding to the agonizing division of the Safady family.

Outside the family home, pictures and posters of Hassan plaster the walls of a solidarity tent, a final act of resistance allowing friends and family to gather and share support. However, the Israeli army is determined to relinquish any remaining hope the Safady family may still hinder. On Sunday night the occupation forces entered the old city of Nablus, destroying the tent and tearing up photographs of Hassan.

Hassan Safady is one of many Palestinian prisoners who have found the refusal of food to be the only remaining tool in their political resistance to administrative detention. Hassan’s hunger strike has now entered a critical phase, as everyday it becomes less and less likely that his body will ever gain a full recovery.

Immediate international attention and solidarity is needed for Hassan and his family as they continue their struggle for freedom and justice.

Andreas and Silvia are volunteers with International Solidarity Movement (names have been changed).

Extension of administrative detention of Dr. Yousef Abdul Haq for the second time

31 March 2012 | Tanwer

Human beings are born free, but we are surrounded by restrictions everywhere  Jean-Jacques Rousseau

Today on the thirty-sixth anniversary of the Palestinian Land Day, which confirms for our people the unity and integrity of our case, the unity of its land, and the right of return and self-determination, the Israeli military court has extended administrative detention for two more months and for the second time of the human rights lawyer Dr. Yousef Abdul Haq, 70, a lecturer at An-Najah National University and the Cultural Coordinator Forum of the Palestinian Cultural Enlightenment (Tanwer). He is currently detained in Ofer prison near the city of Ramallah.

Dr. Yousef Abdul Haq has been arrested since 7/11/2011, when he was taken from his home at two o’clock in the morning while suffering from illness. With his health and medical condition, he was transferred to a hospital immediately after his arrest to Ramle. He was sentenced to two months in administrative detention initially.

The arbitrarily administrative detention is legally incompatible with the most basic international standards of human rights, because it is without any specific charge against the prisoner. It also depends on the police file and secret evidence which cannot be seen by the detainee or defense lawyers. This file is prepared by the Israeli intelligence service with the intelligence information compiled in different illegal ways.

This type of detention is internationally banned not only for the specific category of the Palestinian people but internationally. It has been extended to include the arrests of  lawmakers in the Palestinian Legislative Council, members of local councils, university students, political activists, academics, trade unionists and also women and children.

The decisions of administrative detention of Article 111, in the system’s state of emergency, imposed by the colonial authorities during the British Mandate, over Palestine in September of the year 1945, are illegal on the grounds that Article 43 of the agreements for the International Court in the Hague (1907) prohibit an Occupying power from using illegal measures in the occupied country.

It is worth mentioning that most of the unjust laws against the Palestinian people arise from the era of the British colonial authorities and are kept in practice by the Zionist occupation, even though these laws were deleted at the time.

Administrative detention is the endless suffering of the prisoners because the detention might run into a decade’s time, during which stress plays on the nerves and psychology of the detainee and his family, based on the expectation that tomorrow the prisoner will be liberated. The International Solidarity Foundation for Human Rights received from Israel’s Court of Ofer that the number of administrative decisions issued by the Israel military governor amounted to a total of 5971 since the beginning of the year 2004 until the end of 2010.

We, of the Tanweer Forum, call for the release of our colleague, Dr. Yousef, immediately from behind bars, holding Israel responsible for his health. And we hold the Government responsible for the conditions of Israel’s occupation. We demand the closure of  administrative detention which is contrary to international law  and human and ethical values. On this occasion, we declare our solidarity with all prisoners on hunger strike calling for their release, especially in solidarity with the struggling Hana Shalabi.

We also call upon the Arab and international institutions, like An Najah National University, to expose the policy of administrative detention because of its destructive social impact, to the media internationally.

We call for the establishment of a professional united front working for the release of Palestinian freedom fighters — members of the Council of Jurists, legislative delegates, academics and university students, children and women– to end the filing of administrative detention forever.

 

Palestinian female detainee Hana’a Shalabi on tenth day of hunger strike

25 February 2012 | Palestine Information Center

Detained young woman Hana’a Shalabi has entered her tenth day of hunger strike protesting her administrative detention despite being released late last year in the prisoners’ exchange deal between Hamas and Israel.

Attallah Abulsabh, the minister of prisoners in the Haneyya government, said that Hana’a, 28, is the first freed captive to be re-arrested and sentenced.

The minister said that Hana’a is following the path of Khader Adnan who went on hunger strike for 66 days before the Israeli occupation authority finally submitted and agreed to end his administrative detention.

He said that the health condition of Hana’a was deteriorating and that the Israeli Hasharon prison administration had moved her to solitary confinement and threatened to transfer her to the ward of Jewish homicide convicts in Ramle jail if she continued in her hunger strike.

Abulsabh asked the Egyptian intelligence chief Murad Muwafi to personally intervene to put an end to Israel’s re-arrest of freed prisoners in the exchange deal and to improve the incarceration conditions of all Palestinian prisoners since the deal was brokered by the Egyptian intelligence apparatus.

The 67-year-old parents of Hana’a have announced they would go on hunger strike until they receive information on the status of their child.

Hana’a spent two and a half years in administrative custody before her release in the exchange deal.

Despite the announcement of a deal limiting Khader Adnan’s detention, Addameer reiterates its urgent concern for his health

21 February 2012 | Addameer

*At approximately 7:50 PM local time, it was confirmed by Ran Cohen, Executive Director of Physicans for Human Rights-Israel, that Khader Adnan has ended his hunger strike.

 

Khader Adnan’s hearing at the Israeli High Court was cancelled today, 21 February 2012, only minutes before the hearing was to take place. On Khader’s 66th day of hunger strike in protest of his administrative detention and inhuman and degrading treatment by the Israeli authorities, one of Khader’s lawyers negotiated a deal with the Israeli military prosecutor that Khader will be released on 17 April instead of 8 May and that his administrative detention order will not be renewed. Addameer lawyer Samer Sam’an is actively working to gain permission to visit Khader to confirm whether or not he will continue with his hunger strike.

Photo Courtesy of Carlos Latuff, 2012

Khader previously stated to Addameer lawyers that though he was calling for his immediate and unconditional release, the minimum requirements he would consider for ending his hunger strike would be the guarantee that he would not receive a new administrative detention order and that his duration of detention would be considered from the date of his arrest on 17 December 2011 and not from the date that he received his administrative detention order on 8 January 2012. The provisions of the deal reached today as announced by the lawyer involved do meet these minimum requirements. However, if new “secret material,” upon which administrative detention is based, presents itself during the next two months, there would still be grounds for the renewal of his administrative detention order. This caveat is consistent with similar deals made in the past, in which Israeli officials leave the door open for re-arrests.

Addameer maintains that the fact that Israeli officials negotiated the duration of his detention, in addition to agreeing to an early release, reveals that there were no grounds for his administrative detention in the first place. His administrative detention order, as is the case with all other administrative detainees, is based on the alleged threat he poses to the “security of the State of Israel.” However, if Israeli officials agree that he will not be a threat on 17 April, as clear from today’s deal, he surely does not pose any threat today and his case provides further proof of Israel’s policy of arbitrary detention. Addameer reiterates its call for his immediate and unconditional release and the release of the 308 other administrative detainees.

Addameer’s main concern remains Khader’s health, in critical condition after over two months of hunger strike.Whether or not Khader continues his hunger strike, he must receive proper arrangements for observing his health condition, which will likely now have irreversible consequences. If he does decide to end his hunger strike, the potential complications from such a protracted hunger strike will require urgent and trusted care, which can only be provided if he is released.

Addameer continues to salute Khader Adnan for his incredible steadfastness in challenging Israel’s policy of holding Palestinians in detention without charge or trial, which is in violation of international law. Addameer further thanks all individuals and institutions who have chosen not to ignore the basic human rights violations being committed against Palestinian prisoners on a daily basis and who have expressed their explicit support for Khader and his fellow prisoners. The date set for Khader’s release, 17 April, ironically falls on Palestinian Prisoners’ Day, which will serve as a reminder of the thousands of other Palestinian political prisoners who remain in Israeli detention.

Follow Addameer’s campaigns to release all Prisoners at Risk and immediately Stop Administrative Detention.