On
14 and 15 May, an agreement was concluded between hunger-striking
Palestinian prisoners and detainees and the Israeli Prison Service
(IPS). Its provisions included the release of hunger-striking
administrative detainees whose lives were in danger at the end of their
current terms; ending the use of long-term solitary confinement for
“security” reasons for 19 prisoners; renewal of family visits from the
Gaza Strip and alleviating restrictions for families from the West Bank;
ending punitive measures such as night raids and restrictions on access
to legal counsel and education; improvement of conditions of
incarceration including medical care; and limiting the use of
administrative detention as a whole.
Despite
this agreement, Israel has not changed its policy of administrative
detention, family visits from the Gaza Strip have not been renewed, and
punitive policies are still employed against prisoners and detainees.
Moreover,
at least one administrative detainee who was due to be released has had
his detention order renewed in violation of the agreement.
On
a broader level, the underlying issue of impunity remains a constant
and the ongoing issue of torture and ill treatment with no criminal
investigations of reported abuses continues.
1. Background: The agreements
First stage – 14 May 2012
ñ Agreement
reached between Israel and representatives of the hunger strikers (a
committee of nine prisoners from all political factions), with
involvement of the leaderships of Fatah/Palestinian Authority, Hamas and
the Egyptian government. It dealt specifically with the demands of over
1,600 prisoners who started a mass hunger strike on 17 April - mainly
sentenced 'security' prisoners rather than administrative detainees.
ñ Main
provisions: in return for a complete cessation of political activity of
prisoners from within the prisons, 19 prisoners would be released from
solitary confinement (a measure used punitively and/or against political
leaders) to be with other Palestinian prisoners, and family visits for
first-degree relatives who are denied access to the prisons from Gaza
and the West Bank would be renewed.
ñ Administrative
detention: initially only a marginal part of the deal, this issue did
not appear in writing. This aroused anger among a separate group of
administrative detainees on hunger strike, who had been fasting much
longer and whose key demand was to be released from detention and
cessation of the policy in general. They refused to break their fast and
were supported publicly. Because of this criticism and the dangerous
medical situation of at least five of the hunger-striking detainees, the
prisoners' representatives and Palestinian leaderships continued their
negotiations until assured by the Egyptian government that the agreement
would also include this issue. An informal agreement was reportedly
reached between Israel and Egypt to limit future use of administrative
detention to 'very serious' cases, and to re-examine renewal of current
cases, but there was no undertaking for the release of all. Egypt
undertook to follow the implementation closely.
Second stage – 15 May 2012
ñ Early
in the morning of Tuesday 15 May the state agreed not to renew the
administrative detention orders of the five longest-striking detainees
whose medical condition was the worst, and to release them once they had
completed their current detention orders, in a manner similar to the
understanding reached with hunger-striking detainee Khader Adnan in
February this year. These detainees then agreed to break their fast.
2. Results - General
As
of 1 June 2012, 4,659 Palestinian prisoners were in Israeli custody,
including 303 administrative detainees held without formal charge or
trial. An additional detainee, Mahmoud Sarsak, is also being held
without charge or trial under the 'Unlawful Combatants Law,' applied to
residents of the Gaza Strip.
Since
the agreement, administrative detention orders have been renewed for
many existing administrative detainees and newly arrested persons have
been placed in administrative detention; others have been released at
the end of their order terms in accordance with the agreements.
3. Situation of long-term hunger-strikers whose release was promised under the agreement:
a.
Hassan Safadi ended his hunger strike after 71 days. His current
administrative detention order was due to expire on 29 June 2012 and,
according to the agreement, he was supposed to be released on that date.
However, his lawyer was informed on 21 June of the renewal of his
administrative detention order for a further six months, in violation of
the agreement. He has renewed his hunger strike in response. He was
subsequently transferred to solitary confinement and is in Hadarim
prison.
After
the agreement was reached and Safadi stopped his strike, he was
examined by an independent doctor from Physicians for Human
Rights-Israel (PHR-Israel) on 6 June 2012 at Hadarim prison. Generally
his health was satisfactory and he had gained about 7 kg, but the doctor
was concerned about the absence of a stable re-feeding nutrition plan
and the lack of medical follow-up examinations that were supposed to be
conducted earlier during the hunger strike. A medical report with the
doctor's recommendations was sent to the IPS for further follow up but
no response has been received to date.
b.
Bilal Diab ended his hunger strike after 77 days. His current
administrative order ends on 11 August 2012 and he should be released on
that date according to the agreement. After the strike he was examined
by an independent doctor from PHR-Israel on 6 June 2012 at the medical
facility of the IPS in Ramleh prison. Generally his health was
satisfactory. He gained about 10 kg in approximately two weeks after 77
days of fasting; however, the doctor was concerned regarding the absence
of a stable re-feeding nutrition plan for him.
About
two weeks ago he was transferred to Shata prison in the north of
Israel, where he was allowed to meet with his brother Azzam (a prisoner
serving a life sentence), for the first time since 2006. In addition,
his mother and four of his brothers have been given permission to visit
both of them in July.
c.
Tha'er Halahleh ended his hunger strike after 77 days. His
administrative order ended on 6 June and he was released. His health is
improving although he has had some complications after his release, and
was admitted and discharged from a hospital in the West Bank.
d.
Omar Abu Shalal ended his hunger strike after 70 days. His current
administrative detention order is due to expire on 30 August 2012 and he
should be released on that date according to the agreement. After the
strike he was examined by an independent doctor from PHR-Israel on 6
June 2012, at the medical facility of the IPS in Ramleh, after which he
was reportedly moved to another unknown facility. Generally speaking,
his health had improved.
e.
Ju'afar Azzedine ended his hunger strike after 55 days. His current
administrative detention order is due to expire on 20 July 2012, after
which he should be released, according to the agreement. He was moved to
Eshel prison a week after ending his hunger strike.
f.
Mahmoud Sarsak, a football player from Gaza, was not included in the
original agreement as he is being held under the Unlawful Combatants
Law, applied to residents from the Gaza Strip. He continued his hunger
strike until 18 June, during which he suffered weakness of themyocardium
(heart muscle), intestinal disturbances, body pain, fainting spells,
and could no longer walk or see, as witnessed by his lawyer, Mohammad
Jabareen. His 92-day hunger strike ended with an agreement for him to be
released on 10 July 2012.
4. Other prisoners and detainees still currently on hunger strike:
a.
Akram Rikhawi is now on day 76 of his hunger strike and faces imminent
threat to his life. A resident of Gaza, Rikhawi is serving a 9-year
sentence since 7 June 2004. He is on hunger strike to request
consideration of early release due to chronic medical problems
including asthma, diabetes, high blood pressure, atrophy of the eye
lenses, cataracts and osteoporosis. He was held in the IPS medical
facility in Ramleh ever since his initial arrest. Despite his condition,
on 14 June 2012 the Israeli District Court rejected an appeal to
transfer him to a civilian hospital and he has been denied access to an
external doctor since 6 June 2012. On 25 June 2012 Rikhawi was finally
transferred to Assaf Harofeh, a civilian hospital in Israel, following a
deterioration in his condition. Under Israeli law every prisoner is
entitled to ask to be considered for an earlier release when he has
served at least two thirds of his sentence. Rikhawi went on hunger
strike on 12 April 2012 demanding that his medical condition and social
circumstances be considered during the discussion of his request. In all
discussions, these factors were disregarded and a file with secret
information was the only material considered.
b.
Samer Al-Barq is on day 37 of his renewed hunger strike, which he
launched when Israel renewed his administrative detention order
on 21 May 2012. A resident of the West Bank village of Jayyus, 34
year-old Al-Barq is married to Sageda, a Pakistani citizen. He was held
without charge or trial by the Jordanian intelligence for four and a
half years, and was then transferred to the Israeli secret police (GSS)
on 7 November 2010, whereupon an administrative detention order was
issued, and renewed several times since.
Al-Barq
joined the Palestinian prisoners’ mass hunger strike on 17 April 2012
and fasted for 28 days, along with around 2,000 other Palestinian
prisoners, until the May agreement was reached.
On
21 May 2012, Al-Barq's administrative detention order was renewed for a
further three months, and he resumed his hunger strike to protest this
renewal in violation of Israel's commitment given to the hunger strike
leaders to renew administrative detention orders only in extremely
exceptional circumstances.
Currently
Al-Barq is held at the IPS medical facility in Ramleh. His family has
reported that he suffers from kidney problems and high blood pressure
and has lost more than 20% of his original weight.
On 21 June 2012, PHR-Israel submitted a request to allow independent physicians access to him. On the 25th of June the IPS denied PHR-Israel request with out stating any reasons to the denial.
Both Al-Barq and Rikhawi are denied family visits and access of independent doctors.
5. Minors on hunger strike:
Nine
minors held in Hasharon prison engaged in a hunger strike for five days
in mid-June. The minors launched their hunger strike in protest against
their incarceration without adult supervision, denial of education,
overcrowding, substandard medical care and sanitation in the cells,
denial of family visits, holding of minors in solitary confinement as a
punitive measure, as well as abuse and violence from prison staff. Their
hunger strike concluded upon agreement from the Hashron prison
authorities that their basic conditions would be improved. It is as yet
unclear if this agreement has been respected.
6. Solitary confinement:
Eighteen
Palestinian prisoners have been taken out of solitary confinement and
into regular cells. Dirar Abu Sisi, who has also been held in long-term
solitary confinement since before the agreement, has not yet been
removed from solitary confinement, in contravention of the agreement.
Abu Sisi was abducted by the Israeli Mossad from Ukraine last year. An
additional prisoner was also given a 6-month solitary confinement order
last week.
Other
Palestinian prisoners are still being held in prolonged solitary
confinement, and the use of solitary confinement as a punitive measure
is still ongoing. The IPS has claimed that the agreement does not
include those prisoners held in solitary confinement ordered by the IPS
authorities as a disciplinary measure or in order to maintain prison
security and order.
7. Family visits from the West Bank:
There
has been a partial renewal of visits for relatives from the West Bank
whose access to the prisons was previously denied. As stated above,
Bilal Diab's family received permits to visit, and prisoners Abdallah Al
Barghouthi and Abbas Al Said have received visits from their younger
sons. Both were previously in solitary confinement for many years and
were denied family visits. It is not yet clear what percentage of West
Bank prisoners' families have now newly been granted permits and how
many have been denied permits.
8. Family visits from the Gaza Strip
Family
visits to prisoners from the Gaza Strip have been denied since 2007.
According to the agreement, visits should have been resumed within one
month of the end of the hunger strike. There are informal reports that
the visits are due to be resumed in July. The ICRC has reported that
they are in contact with the IPS regarding renewal of visits from the
Gaza Strip, but there is no official date yet. The IPS responded in a
letter to Adalah on 20 June 2012 that due to the large number of parties
involved, including the Israel military, the Attorney General, the
Israeli Police, and other security forces, it is difficult to arrange
permits for family members to visit.
According
to this letter, “[e]ven before security prisoners began the hunger
strike, we began to examine options for access for families from Gaza to
visit prisoners held in Israel… Taking into consideration that the
issue is complicated, we hope to soon establish a system to carry out a
pilot program to obtain permits for access from Gaza.”
9. Punitive measures against inmates:
Violent
raids by IPS special forces on prisoners’ sections continue despite the
agreement. Families of prisoners have reported to PHR-Israel that some
wings are suffering from collective punishment due to suspicion of
holding mobile phones. Punishments include fines, denial of permission
to buy extra food and supplies, and denial of family visits. The latter
is a basic right, not a privilege.
10. Restriction on access to higher education:
Despite
the agreement, access to higher education has not been renewed and
there is no discussion of intention to renew it. Adalah filed a motion
to the Israeli Supreme Court in March 2012 for permission to appeal the
Nazareth District Court decision to reject a prisoner’s request to
continue his higher education in the Open University after two years of
study via correspondence. In June 2011, the IPS had suddenly and
arbitrarily decided to stop all Palestinian political prisoners from
studying higher education courses. To date, there has been no response
from the state.
11 . Access to medical care:
The
IPS continues to deny entry of independent doctors to hunger strikers
and visits have been enabled only through prolonged court processes.
Transfer of hunger strikers to civilian hospitals is also prevented
despite a clear need to provide specialised care not available in the
IPS medical facility. More generally, the quality of medical care
provided to all inmates is a key complaint of Palestinian prisoners and
their families. No improvement has been recorded and, since the
announcement by the current Chief Medical Officer Dini Orkin-Tischler
that she is leaving her post shortly, requests for information and
complaints regarding medical care (transmitted by PHR-Israel) have gone
largely unanswered.
Following
the hunger strike, female Palestinian prisoners held in Hasharon prison
boycotted the prison clinic for one week in protest at the lack of
adequate medical care and unreasonable waiting periods.
12. Recommendations:
ñ That
the arbitrary and excessive use of administrative detention be
discontinued and Palestinian detainees be ensured access to a fair legal
process;
ñ That
the agreements reached on 14 and 15 May 2012 be respected, including
the release of administrative detainees who were promised release at the
end of their current orders, renewal of family visits and lifting
of the punitive measures used against Palestinians in Israeli custody;
ñ That
Akram Rikhawi continue to be hospitalised in a civilian hospital
adequate to his needs and that his early release be considered based on
his grave medical conditions; and that regular independent medical
visits be allowed to all hunger strikers;
ñ That
the EU publicly and actively engage with Israel to end the arbitrary
use of administrative detention, and condemn the punitive measures used
to quell the efforts of the hunger strikers, who are engaged in
legitimate protest.
ñ That
the EU implement and support an experts' fact-finding mission to Israel
and the Occupied Palestinian Territory on the subject of conditions of
Palestinians incarcerated by Israel.
This
information was compiled by Physicians for Human Rights-Israel
(PHR-Israel), Adalah – The Legal Centre for Arab Minority Rights in
Israel and the Public Committee Against Torture in Israel (PCATI), based
on their own work and sources, as well as on information from Addameer
(West Bank), Al Haq (West Bank) and Al Mezan Centre for Human Rights
(Gaza), based on their ongoing work on behalf of Palestinian detainees
and prisoners.
