Released to be arrested again – activist detained during Sheikh Jarrah protest held for 40 hours

C N Longevity

11 December 2009

The drums beat in their normal cadence as I approach the Al-Kurds. This cadence was lost as I reached the home. It quickly devolved into a beat that described not the jubilant emotions of collective resistance, but one of collective disdain and disgust.

One person was being dragged by three police officer into the street; their clothes in tatters. The demonstrators quickly followed and rallied around the abuse. The situation was reduced to bedlam by the police officers. They were pushing, pulling, punching and kicking the demonstrators. As the police attempted to take the two demonstrators to the police station, nearly one hundred attempted to use their bodies to block the police cars movements. This attempt was in vain. The police grabbed protesters one by one (usually needing three officers for every person taken).

As I was in the back watching the madness, two border police grabbed me by my lapel and viciously dragged me into the usurped, front partition of the Al-Kurds home. The settlers had been here for nearly two weeks already, but the conditions were anything but inhabitable. A layer of water and mud covered the gutted home. This confirmed my suspicion that home take-over was not for actual living space, but instead a war-like act of conquering more territory.

About 20 other activists and seven police greeted me as I entered. They were mostly Israeli activists with less than a handful of internationals. I was hand-cuffed to a Canadian man and would not leave his presence for the next forty hours. He was Quebecois and spoke perfect French. We chatted in his native tongue as there were no police able to speak French. We waited in the house for close to hour, seemingly until the police had cleared the streets of all the demonstrators. We were then hastily whisked off to the Jaffa Street police station.

Upon our arrival, we were made to sit in the parking lot of the police station. As the sun had set, it became quite cold quickly. But this would be our resting spot for the better part of the next seven hours. Some arrestees were uncuffed shortly after our arrival. I wasn’t this fortunate, so I became quite close to my Canadian counterpart; holding each other gently and whispering sweet things to one another. There was a severe shortage of cigarettes and my pack was gone in less than 20 minutes. Soon the others joined us and brought more cigarettes. One by one we were taken in and interrogated. Their tactics were somewhat lacking in comparison to their American counterparts. Their questions and follow-up questions were banal and didn’t seem to probe much beneath the surface. I had yet to speak with a lawyer and there was definitely a language gap. These factors may have contributed to the ineffectiveness of the interrogation. It was a welcomed respite from the cold, in any event. But this respite was short-lived as I was returned to the night air after only a few fleeting minutes.

We waited more. Another half-hour. Or was it an hour? Or two? No one had a watch so the concept of time was purely relative and not measured with any degree of certainty.

Our next stop was to be fingerprinted and photographed. Like the other processes, this one lacked fluidity, order and reason. One person was taken completely through. I and three others made it half-way through, sent outside and made to wait a few hours. In this time the rest of the gaggle of arrestees were fingerprinted and photographed. I attempted to convince my cohorts that they had taken my footprints in addition to my hand and fingerprints. They all believed me in the beginning, but the constant succession of “Really? Really? Really?!?!” always made me crack a smile.

Once this process came to an end, we were paraded back to our guard rail along the prison wall. Some comrades from the outside were able to slip falafel sandwiches filled with notes of solidarity through the fence. Here we waited for our strip-search. The hours wore on and everyone smoked cigarette after cigarette. As the time slipped by so did our warmth; 10 degrees, 9 degrees, 8 degrees. We sang songs softly. The Beatles, the Flaming Lips and old union hymns filled the cool air. I waited patiently for my search and found myself last in queue. There were three others in various stages of nudity. The door was slightly ajar. This left no respect for any semblance of dignity.

I was next in line, but was skipped due to another being dragged about by the police. He wasn’t with the folks from Sheikh Jarrah. He was Palestinian. The officer minding him had the hood of his sweatshirt pulled over his head and was leading him about by the strings of his hoody. It was reminiscent of a farmhand leading cattle about a bull-ring. The police had stripped him not merely of his clothes but also of his humanity; completely and utterly. As he undressed, I noticed why they had his hood pulled tightly over his head. There was a four inch gash on his right cheekbone. The police surely didn’t want many people to be privy to their rapacious brutality. He was dripping with blood and he was in dire need of medical attention, but

I felt he wouldn’t receive any for some time. I looked at the other Israeli activist. The need for language disappeared. His eyes spoke volumes. Fear, guilt, remorse, disgust, helplessness. I wanted to scream and liberate this young man. Whatever he did wasn’t worth this experience. Whatever he did wasn’t his fault. Whatever he did was because of the conditions that the state of Israel had forced upon him, his father, his grandfather. He couldn’t control his situation enveloped in injustice. He was merely an innocent actor in this twisted play that Zionism has been scripting for decades. We, the Israelis and myself, knew we would be out soon; safe and without any long-term consequences. The young Palestinian, on the other hand, was now caught in their “justice” system and likely doomed to a constant cycle re-arrest. The other activist and I could only look at one another dumbfounded and inept.

It was my turn. The officer pointed to various articles of clothing and I took it off until I was completely naked. I was made to lift my penis and testicles and spin around. He mumbled something in Hebrew and left the room. I stood there naked for a minute and began to dress after it seemed as if I was able. But the insecurity lingered as I was unsure if I was allowed cover my nude body.

I made the right decision and was taken back outside with the other men from the group. We were marched about 50 meters to the jail. They called us in a few at a time; 3-4 usually. But the hours dragged on. Was it 1 or 2 or 3am? Finally the last three men were taken in. We were examined by a doctor and stripped searched again (“take this off, take that off, lift your thing up, spin around”) and our possessions were bagged and tagged. We were taken to our cell and picked up another Israeli along the way. He had been in a cell all by himself and was white with fear when we found him. On the way I noticed a clock. It was 3:30am. They lead us to our cell. It consisted of two bi-colored double bunk beds made of concrete, a bathroom, a plastic table and two plastic chairs. Some jelly sandwiches and two loaves of bread were thrown onto the bed. I brushed my teeth and went into a deep sleep.

I was awoken from a dream by deep, hoarse yelling in Hebrew. The two Israelis interpreted for me. Apparently they were doing a count of the prisoners. I wondered where they thought we would go. Plots of escape were far from mind. I was too tired and had just arrived. I was undecided if I liked this place or not and needed some time to explore if long-term living situation was a possibility. I guess this is just how fascism works. I dozed another two hours, but roused shortly after our breakfast was delivered. Although the living conditions were sub-par compared to other jails I had frequented, the food far exceeded my expectations. No empty calories for us. The case was quite the opposite. Fresh green peppers, yogurt, cheese and good bread.

Perhaps they were over-compensating for their vile behavior. Possibly they had some sub-conscious intuition that what they were doing was completely wrong and the good food was a way to apologize. But I’m sure everyone in that jail would trade all those peppers and yogurt for dirt if it meant complete and true liberation.

The rest of my cellmates roused. Two Israelis, a Canadian and I began to get to know one another. The elder of the two Israelis took command and flaunted his knowledge of the political situations in the Arab world. He exuded confidence and charisma. His charm was definite and he won over his three other cell-mates quite quickly. The other Israeli was rather quiet. His head seemed heavy with thought.

“When are we going to get out of here?” was the line that broke his silence. It seemed like a passing question prima facie.

But as we began to answer, it became apparent that he had real fears about rotting in this hell-hole. We had to hug him for a while to calm him down. He told us his dreams surrounded having internet access in the jail cell. He would become quiet for minutes or close to an hour and chime in with his familiar question: “When are we going to get out of here?” When this would happen, we’d try to talk to him concerning his feelings. He was at the brink of giving up on activism. This being said, there were some wonderful respites to this agony. They came from our interactions with another; the only escape we had. But it was more than enough. We gave each other laughter and comfort and support.

We were told that we were to see the judge soon. Our situation was coming quite close to illegality. It was nearly 3pm and, I was told, that Israeli law stipulates that those placed under arrest must see a judge within 24 hours of their arrest. That time was nearing for us.

We waited for nearly an hour and then we taken to the entry-way, shackled, placed in a van and driven 50 meters to the courthouse. We were then taken out of the van, thrown in a cell, unshackled and met the rest of the male cohorts we were arrested with. We were split into two cells. They were very close to one another. The cell that I was not in had a monopoly on cigarettes, so we would have to reach through slats in the doors to get our fix. We passed the smokes to each other and all shared our nicotine.

I think I may have seen the Palestinian man who I encountered the night before. Or did I? The one that was before in the courthouse cell had a bandage on the same part of his face. But he had many more; on the back of his head, on his neck. He looked thinner than the man I saw the night before. Had he become more frail and acquired a limp while in prison? I thought not. The beatings that the Israeli police forces dole out must mirror one another with striking similarities. I fell into a deep sleep on the concrete floor.

It felt as if I hadn’t slept more than a half-hour, but I was told I was out for quite some time. The jubilant voices rang through the cell walls from the outside. A demonstration had erupted in our honor. Those voices were very inspiring. Although they were in Hebrew, their energy carried through those prison walls. It encouraged us and let us know that things would be ok and that we were loved and that our misery was not naught.

Soon the Israelis let we internationals in on a secret. They had heard the guards discussing what their plans were for the foreigners. They intended to separate us from the, kidnap us, and send us off to the department of immigration. Here we would spend more time in jail. I was excited. They had been plotting though. We were to stay close to them and be a part of the first hearing, so the police were unable to split us off before the judge could make his decision and therefore, legally, we would have to be released. I was skeptical about what “legally” entailed in this country, but they knew better than we did.

We wedge ourselves in between the Israelis and were filed by the police into the courtroom. There were two beautiful young Israeli men dressed in white shirts and black ties who were to represent us during the proceedings. The judge entered and began in Hebrew. I knew nothing of what was happening. My cohort sitting next to me began to speak to me softly.

“The police are going to try to take; don’t go with them!” he whispered. Just like clockwork, one of the police came to me.

“It’s not your turn. Come with me,” he said. I pretended not to understand. This was happening while the judge was addressing the other defendants. Twice more different police came to me and tried to drag me out of the court, telling me it wasn’t my turn.

The judge was demeaning and condescending to the lawyers. I still didn’t know what was happening beyond a heated argument between our counsel and the judge. Finally the lawyers stood and began to speak with restrained anger. The judge scolded them and they began again, but the anger and disgust was still apparent. The judge roared in Hebrew and the lawyers were broken.

They finished the sentence they began two times before, but this time they did without any show of emotions. Their dignity to be angry in the face of in justice was stripped from them. They exited the courtroom.

The police attempted to remove me from the courtroom for the last time. The judge noticed it now and scolded them. The police wore faces of defeat. The Israeli defendant next to me gave me a confident smile. But that smile seemed to be too confident to me. I had no faith in these proceedings and the police began furiously texting on their cell phones. They were hatching some devious plan. As the texting stop, their faces of defeat morphed into solemnity. I surmised that it didn’t mean anything good for us.

The Israelis left the courtroom and we internationals remained. We were without lawyers and attempting to free ourselves from this vile system. As our (the internationals) proceeding began, the police withdrew their request to arrest us. Then the judge began to question us. For each of us he asked if we would agree to be interrogated by the Ministry of the Interior. His questioning of each of us lacked cohesion. When it was my turn, I told him I had yet to speak to a lawyer and would only agree to questioning after I had consulted my legal counsel.

“Your honor, I haven’t had access to a lawyer, everything has been in Hebrew, I don’t have a formal translator, I don’t know what’s going on. I will not agree to an interview at this point. I will consent only after speaking to a lawyer,” I said.

“How can I guarantee you will return for the interview?” he asked.

“I can give my word,” I replied.

“I’ll need more than that.”

“What can I give you?”

“Money or an Israeli to sign for you.” There was a woman who had been giving us legal advice through the proceedings and she leapt up upon hearing this. She returned with an Israeli citizen quite quickly.

“I think this man will sign for me, your honor,” I said, motioning to the man who had just entered. The judge silently filled out his paper work.

“You’re free to go. You may be arrested again,” the judge said and exited the courtroom. Pandemonium erupted upon his exodus. The scene devolved in blatant and rapacious. The police nearly pounced on us and our lawyers burst back into the courtroom.

“You’re free to go! Do not cooperate!” The lawyers kept shouting. Being that this was the first legal advice I had received, I was obliged to follow it. I sat on the floor as the police were shoving our lawyers about. One lawyer was shoved into the lectern in the middle of the courtroom. I fell over with a thunderous crash. The police twisted my arm painfully and haphazardly put me in handcuffs. They did the same to the rest of the internationals. I was dragged/carried to the basement holding cell and thrown in with the rest of my cohorts. I feverishly explained the situation. They were convinced that we would all be deported.

“When you get back! Tell your stories! Tell them all what happened!” This was the general fervor that came from the cells. In less than a minute, the police came a dragged us into the hall. The quickly and nervously shackled our ankles. We were brought out to a police van. Shouts and cheers of love greeted us from the demonstrators outside. That warmed the cockles of my heart, but I wasn’t free. And now, I was separated from all those I’d grown close to over the past two days, separated from anyone who understood Hebrew. Alone, cast off into the ether.

We began to drive and the demonstrators followed us for a hundred meters or so. Then we entered a highway and drove and drove and drove. Mad thoughts raced through my mind: “Are they taking me directly to the airport for deportation? I didn’t matter much to me at this point. Whatever was to be would be very soon. At least the veil would be lifted and I would know my fate.

It looked as if we were approaching Tel-Aviv after an hour’s drive. We turned and turned some more. Finally, we approached an industrial zone. I’m still not completely sure where I was, but I think it was an immigration office of some sort.

Upon our arrival, I told one of the officers that we hadn’t eaten or had any water in 19 hours (there was a clock on the wall that read 4:15am (where did the hours go?!?!)). He found us six slices of bread and chocolate spread. We were taken to the bathroom and told we would be deported. Each of us began to relate a story to the gentleman taking our photographs and fingerprints (again). This process took nearly two hours, but we found ourselves waiting for interrogation in another room at the end of it all.

Before we were interviewed, the man in charge of this madness came to speak with us. I relayed my confusion.

“The police withdrew,” he looked confused, so I began again.

“The police took back our arrests and then brought us here. I don’t know why we’re here and I haven’t spoken to a lawyer,” I said. I thought this was a good way to frame the interview and it seemed to make the wheels spin inside his head.

“You were released so you could be arrested again and brought here,” he replied.

“But if our arrests were taken away doesn’t that imply that the police made a mistake and were trying to rectify their misjudgment?” This line of logic seemed to trouble him. He retreated to his office with a puzzled look.

We were called in one by one and interrogated. It was a fairly scripted interrogation. They began tough. At one point they shouted they didn’t believe us and then they told us how tired they were and tried to convince the white-faced people to become citizens.

We were released into the morning air. We had no money, no phones, no passports, no possessions, save one person. It was 7:30am. The sun was low and cool, yet. But it was a welcomed sight nonetheless, as I hadn’t seen it in nearly two days.

“Have a nice day,” the officer said closing the door behind him. And that was all. Our freedom regained to a certain extent. Fatigue dragged my feet as we meandered through an industrial zone in Tel-Aviv. Was this defeat? Was this victory? I didn’t feel either of those words fit my mood. But dawn had just broken. And although we didn’t know where we were or where we were going or how we would get there, our legs were unshackled.

Demonstrators to protest arrest of prominent grassroots activist Wa’el Al Faqeeh Abu As Sabe

13 December 2009

For immediate release:

A demonstration will be held outside Jelemeh Prison in Haifa at 12pm, Monday 14 December 2009, to protest the arrest of prominent grassroots Palestinian activist Wa’el Al Faqeeh Abu As Sabe. Al Faqeeh, renowned throughout the Nablus region for his tireless campaigning and non-violent action against the Israeli occupation, was kidnapped from his home by Israeli Occupation Forces in the night of Tuesday, 8 December.

Al Faqeeh is now being held at Jelemeh Prison in Haifa, Israel. The prison is notorious for its ill-treatment of prisoners, in particular Palestinian political prisoners. Protesters will gather outside the prison at 12pm, Monday 14 December, to protest the persecution and imprisonment of Al Faqeeh. Protesters plan to plant olive trees outside the prison, in celebration of Al Faqeeh’s organisation of numerous tree-planting actions in Palestinian villages close to settlements. In the spirit of Al Faqeeh’s love and support of culture and the arts, demonstrators are encouraged to bring drums, musical instruments, and any other tools to gain attention and ensure our message is heard.

Al Faqeeh was arrested in the early hours of 8 December 2009, when the Israeli army in the force of 200 armed soldiers invaded several districts of Nablus city, refugee camps and a nearby village in a coordinated operation, raiding houses of targeted grassroots activists and arrested nine. Amongst the arrested were four leading members of the popular resistance from Nablus, a fifth activist from Awarta village and four young activists from Al-Ein Refugee Camp:

Wa’el Al Faqeeh Abu As Sabe, 45
Mayasar Itiany, 45
Abdul-Nasser Itiany, 38
Mussa Salama, 47
Nabih Abdul-Aziz Awwas, 47
Mahmud Huleiman
Muhammad Ibrahim Dahbour
Yousef Raja
Rubi Abu Khalifa

Al Faqeeh, 45 years old, worked with various groups in the Nablus region such as the Nablus Youth Union, the Palestinian Cultural Enlightenment Forum and many international groups, supporting and organising Palestinian non-violent struggle. He champions the struggle of Palestinian farmers and villagers, as well as working closely with youth groups in the fields of education, culture and the arts. His co-ordination work of the yearly olive harvest, as well as year-round organisation of demonstrations, fund-raising, community-building and educational events has played an instrumental role in the communities of the region. Favouring grassroots, cross-spectrum peaceful activism to politics, Al Faqeeh has always strived to bridge political divides between Palestinians. He was taken from his home at 1am on 8 December when 50 Israeli soldiers entered his house in the north of Nablus, aiming their weapons at Al Faqeeh and his family.

To get to Jelemeh take busses 175, 188, 180 or 181 from Haifa.

The Palestinian Prisoners’ Plight

Bianca Zammit and Fadi Skaik

29 November 2009

There are currently approximately 11,000 Palestinian prisoners being held captive in Israeli jails across Israel. Whilst their imprisonment is of itself in direct contravention of international law, the whole arrest, judiciary and imprisonment process compromises their basic human rights. In Gaza, the families of prisoners in Israeli jails meet every Monday at the premises of the International Committee of the Red Cross to hold a weekly vigil asking for the release of Palestinian prisoners. The demonstration also takes place at the ICRC building in order to send out a message to the international community, asking it to uphold international law and put pressure on Israel for the release of all prisoners.

Palestinians taken captive are held in one of the 24 prisons across Israel. The Fourth Geneva Convention through Article 76 prohibits an occupying power, in this case Israel, from imprisoning prisoners outside the territory it occupies and Article 47 of the same Convention clearly outlines that convicted prisoners should serve their sentence within the occupied territory.

Since September 2000 Palestinian citizens living in the West Bank and Gaza Strip require special permits to travel within the 1967 borders of Israel, yet these permits are very hard to come by. For these last three years all permits have stopped being issued and Palestinians from West Bank and Gaza are prohibited from entering 1948 land1.

The use of telephone is controlled and only in rare exceptions are Palestinian prisoners allowed to call their families. Without family visits and telephone calls the only ways of communicating is through letters and greetings families send through radio stations. Letters are received sparingly by both sides, months after they were written and sent2.

Hazem Shubair was imprisoned in an Israeli jail in 1993. His brother Tayseer has been denied the permit to visit his brother for the past 15 years. Hazem’ parents were allowed to visit him until 2002 and for the last 7 years they were forbidden access. All forms of communication between Hazem and his family have been severed. Hazem was sentenced to life imprisonment and the prospects of him being released in the near future are bleak. “I just want to see him, to have the opportunity of talking with him once more and to know how he is doing. These 17 years have been horrible” Tayseer states. Hazem has another 6 siblings anxiously awaiting his news and to be able of seeing him.

In terms of the judiciary system, Palestinians are tried within Israeli military courts located within Israeli military centers. These military tribunals are conducted by a panel of three judges appointed by the military, two of whom often do not have any legal training or background. This juxtaposes the impartiality and reliability of the legal apparatus since the judges are also soldiers who work on orders they receive from their supervisors and are dependent on the latter for promotion.3 These tribunals rarely fall within the required international standards of a fair trial.

Many Palestinian prisoners are either wounded or ill. Many prisoners were taken captive after having been shot at with live ammunition. According to Addameer Centre for Human Rights based in Gaza, “prison clinics tend to offer aspirin as a remedy for all health treatments and physicians within the clinics are all soldiers. Health examinations are conducted through a fence, and any necessary surgery or transfer to hospital for additional medical treatment is usually postponed for long periods of time”.

In 1999 the Israeli High Court of Justice ruled that it does not forbid the use of torture but rather allows interrogation methods deemed as torture to be used in situations of national defense. The victim of torture can only submit a complaint in that case that torture can be clearly proven. Israel interrogators are able to use methods of torture without impunity. Legalized torture includes sleep deprivation, denial of food and water, denial of access to toilets and shackling4. A Palestinian detainee can be interrogated for up to 180 days, during which access to a lawyer may be denied for 60 days.

Many prisoners receive administrative detention where charges are based on secret evidence. In this case both the lawyer and the detainee are not aware of the reason for arrest and cannot practice their right of defense. The detainee and lawyer are also not informed about the date of release. In administrative detention the army hands over the detainee to the Israeli Security Agency (ISA) who interrogates the prisoner. After interrogation, ISA can either file for indictment or release detainee. If none of these two paths are chosen the military commander can choose administrative detention. Administrative detention can be extended indefinitely. This usage of administrative detention as a tool to imprison civilians violates International Law and Human Rights Charters but is legal according to Israeli legislation5.

Nayef Abu Azra, a 23 year old from Beit Hannoun, was arrested in 2007. Since then he has never been brought before a court. To Nayef’ mother there is no consolation. Asia Abu Azra stated “A group of Israeli infantry soldiers invaded our home and took Nayef. We do not know why he was arrested or when he shall be released. Nobody is giving us any information. Nayef was hard working and well respected in the community. My only hope is to see him again”.

Nowhere can the discriminatory laws within Israeli judiciary be clearer than in terms of Palestinian imprisonment which is reminiscent of apartheid South Africa. A Palestinian can be held in custody for 18 days before being brought before a judge. An Israeli citizen, however, can be held in custody for only a maximum of 48 hours before being brought before a judge. A Palestinian can be held without charge, by order of a judge for a period from one to 6 months. An Israeli citizen can be held without indictment for 15 days and can only be extended to 15 days. Lawyer visits can be prohibited for up to 3 months for a Palestinian detainee. The meeting between an Israeli detainee and his attorney can be delayed for 15 days6. In addition, when Palestinian detainees are arrested, the army is not obliged to inform the detainee’s family of their arrest or the location of their detention.

38 year old Ashraf Al-Balouji from Al-Sahaba area in Gaza was detained in Ramallah on December 14, 1990. He was ordained in the Israel military court and sentenced to 320 years imprisonment. His father Hassan Al-Balouji states “there is a different policy for Palestinians and Israelis in Israel. If my son were Israeli then his sentence would be very different. We all know that. Three years ago my wife passed away and Ashraf was not allowed to visit her or attend her funeral. His 7 children are also prohibited from visiting him.”

These discriminatory laws also affect children. There are now 337 Palestinian children in Israeli jails.7 Like the majority of other Palestinian prisoners, Palestinian child prisoners routinely face violations of their human rights during arrest, interrogation and imprisonment. They are exposed to physical and psychological abuse, amounting to cruel, inhuman and degrading treatment, and sometimes torture. They are denied prompt access to a lawyer and often denied contact with their families and the outside world. This is a clear breach of international law, which makes special provisions for the prisoners, specifically forbidding the use of physical and psychological torture8.

Nedal Mohammed Al-Soufi was just 17 years old when he was arrested. In 2007 during an army incursion, Israeli soldiers entered their home in Rafah and took him. Jana Al-Soufi, Nedal’ mother does not know the reason for his arrest. Nedal was sentenced to 9 years. The lack of communication sources between Nedal and his family concerns his mother. “I worry for his health and mental state. I have not received his news for many months”.

The imprisonment of Palestinians has been used routinely by Israeli authorities as one of the main tools to enforce the apartheid regime and ensure the ongoing success of the occupation. Israel has violated and is still violating a number of basic human rights in the way it kidnaps Palestinians, holds them captive without access to a lawyer and eventually tries them in a mock court which itself falls short of internationally agreed upon minimum standards. The injustices being perpetuated upon the 11,000 Palestinians prisoners must not be overlooked.

Bianca Zammit is a human rights activist and a member of the International Solidarity Movement “ISM” in Gaza.

Fadi N. Skaik is a BDS activist and an independent author based in Gaza

[1] Amnesty International (2009) Israel and Occupied Palestinian Territories

[2] Addameer – http://www.addameer.org/index_eng.html

[3] UN Human Rights Committee (2007) Article 14: Right to equality before courts and tribunals and to a fair trial, UN Doc: CCPR/C/GC/32, 23 August 2007, page 6, paragraph 22.

[4] Public Committee Against Torture in Israel (2008) No Defense: Soldier Violence against Palestinian Detainees, page 3 – http://www.stoptorture.org.il/en/node/1136

[5] Hamoked and B’Tselem (2009) Without Trial -Administrative detention of Palestinians by Israel and the Internment of Unlawful Combatants Law, page 9.

[6] Addameer – http://www.addameer.org/index_eng.html

[7] Save the Children (2009) Fact Sheet – Palestinian Child Detainees at http://mena.savethechildren.se/Documents/Resources/Fact%20Sheet_oPt_detainees.pdf

[8]Defense for Children International (2009) Palestinian Child Prisoners- The systematic and institutionalized ill-treatment and torture of Palestinian children by Israeli authorities, DCI Palestine: Jerusalem.

Ni’lin demonstrates in solidarity with Palestine’s political prisoners

16 October 2009

More than 150 Palestinian, Israeli and international peace activists gathered today in the village of Ni’lin to protest against the occupation and Apartheid Wall. The demonstration was dedicated to the 11,000 Palestinian prisoners  being held in Israeli jails. Demonstrators brought signs with the names of the Ni’lin anti-Wall protesters who are currently in jail and called for the release of all prisoners. A number of youth had their hands locked with tie wraps to mimick what the Israeli military does to captured and arrested Palestinians.  Demonstrators carried signs and slogans questioning  world concern for the lone Israeli soldier in Palestinian custody while 11,000 Palestinians remain in Israeli prisons.

The demonstration started after the weekly Friday prayer with protesters marching towards the Wall.  They were met with dozens of tear gas canisters, illegally aimed directly at the demonstrators.

The demonstrators remained, but moved westward where the Wall has not yet been constructed of concrete and remains a fence with barbed wire. They army followed  from behind the Wall and continued to shoot tear gas and rubber-coated steel bullets from a short distance. Boys from the village responded to the violence from the army with stone throwing.

Around one o’clock the army once again entered through the gate forcing the protesters to escape behind a hill to avoid arrest and injuries. After half an hour the soldiers pulled back behind the Wall and the protesters once again marched towards the Wall to continue their demonstration.  A jeep entered the gate uphill in the fields west of the illegal Hashmon’im settlement and three soldiers got out and walked down hill shooting tear gas.  While reaching the valley another group of soldiers entered from the gate that connects the concrete wall with the fence.  The protesters were again forced to pull back but resumed their demonstration a half an hour later, reaching the Wall.

The military attacked demonstrators with rubber-coated steel bullets, ‘skunk’ water and an alarming amount of tear gas from a special adapter which simultaneously shoots 30 canisters. There were no serious injuries; several suffered from severe tear gas inhalation and a few reported being directly hit by canisters.

Without Trial: Administrative detention of Palestinians by Israel and the Incarceration of Unlawful Combatants Law

B’Tselem

16 October 2009

Report published by B’Tselem and HaMoked: Center for the Defence of the Individual

Under international law, a state may detain a resident of occupied territory without trial to prevent danger only in extremely exceptional cases. Israel, however, holds hundreds of Palestinians for months and years under administrative orders, without prosecuting them. By doing so, it denies them rights to which ordinary detainees in criminal proceedings are entitled: they do not know why they are detained, when they will go free and what evidence exists against them, and are not given an opportunity to refute this evidence.

As with many patterns of its activity in the West Bank and in the Gaza Strip, Israel cites what it defines as “security needs” to explain its policy of detention without trial. Yet these needs, assuming they indeed exist in every case of administrative detention, cannot justify such grave infringement of human rights, in breach of international humanitarian law.

The report presents the stories of nine persons who were detained without trial, illustrating their great difficulty in mounting a proper defense against this draconian measure.

The Administrative Detention Order in the West Bank

Most administrative detainees in Israel are residents of the West Bank who are held under administrative-detention orders issued by OC Central Command or by an officer delegated by him. The grounds given for the detention are that the person endangers the “security of the region” and that the danger cannot be prevented by other means.

The number of Palestinians that Israel has held in administrative detention at any given moment exceeded the 1,000-person line during the second intifada. In recent months there has been a steady drop in the number: on 30 September 2009, Israel held 335 Palestinians in administrative detention, among them three women and one minor. Some 37 percent of them have been held for six months to one year, and almost 33 percent for one year to two years. Some eight percent have been detained for two to five years.

The judicial-review apparatus established under the Administrative Detention Order creates a semblance of a fair legal system. In practice, however, it denies the detainees any possibility to reasonably defend themselves against the allegations made against them. In the vast majority of cases, the judges declare the evidence privileged and suffice with Israeli Security Agency reports submitted to them in the absence of the detainee and the detainee’s attorney. Consequently, it is impossible for the detainee to refute the allegations against him or to present alternative evidence.

According to the army’s figures, between August 2008 and July 2009, judges in the court of first instance gave decisions regarding 1,678 administrative-detention orders. In these decisions, the judges cancelled 82 orders (5 percent) and approved 1,596 (95 percent). In 2008, the military appellate court accepted 57 percent of the prosecution’s appeals of lower-court decisions, while accepting only 15 percent of detainees’ appeals.

HaMoked: Center for the Defence of the Individual and B’Tselem call on the government of Israel to release the administrative detainees or prosecute them in accord with the due-process standards set forth in international law. So long as Israel continues to administratively detain Palestinians, it must use this means in a way that comports with international law.

Incarceration of Unlawful Combatants Law

In 2002, the Knesset enacted the Incarceration of Unlawful Combatants Law. This statute, too, arranges the holding of detainees without trial. The Law was originally intended to enable the internment of Lebanese nationals whom Israel classified as “bargaining chips” for the exchange of prisoners of war and bodies. To the best of B’Tselem’s and HaMoked’s knowledge, Israel has used the Law against 54 persons thus far: 15 Lebanese nationals, who were subsequently released, and 39 residents of the Gaza Strip. Most of the latter were interned in 2009, which began with Operation Cast Lead, and most of them have been released. On 30 September 2009, Israel was holding nine Gazans pursuant to the Law.

The Law enables the sweeping and swift detention without trial of large numbers of persons. An amendment to the Law, passed in 2008, enables even broader use of the Law in the event of “wide-scale hostilities.” Furthermore, the Law provides internees with fewer protections than the few that are granted detainees under the Administrative Detention Order, which applies in the West Bank.

The Law defines an “unlawful combatant” as a person who is not entitled to the status of prisoner of war and belongs to a force carrying out hostilities against the State of Israel or has taken part in hostilities against the State of Israel, even indirectly. The chief of staff or an officer delegated by him may order the internment of such a person without trial and for an unlimited period of time if he has “a reasonable basis for believing” that the person poses a danger to state security.

With regard to legal proceedings on internment, the Law established two presumptions: first, the release of a person classified as an “unlawful combatant” will harm state security, unless proven otherwise; second, the organization to which the internee belongs carries out hostilities, provided that the minister of defense has made this determination. The presumptions release the state from the need to provide evidence justifying the internment and its continuation, thus switching the burden of proof onto the shoulders of the internee, who can never refute the allegations. The first presumption also contradicts the fundamental requirement specified in the Law that the person “pose a personal danger.”

HaMoked and B’Tselem call on the government of Israel to immediately cease use of the Incarceration of Unlawful Combatants Law, and to act to repeal the statute.