Israeli occupation troops round up 1,400 Palestinians in 3 months
Palestine Information Center – 04/04/2010

GAZA — The higher national committee in support of prisoners on Sunday said that the Israeli occupation forces (IOF) had detained more than 1,400 Palestinians in the first quarter of 2010 including 90 from the Gaza Strip.
Riyadh Al-Ashkar, the head of the committee’s information office, said in a press release that the number of detainees from Jerusalem and the West Bank was on the rise, noting that 400 citizens were rounded up in Jerusalem alone.
Ashkar said that 18 fishermen were among the 90 detainees from Gaza Strip along with many other workers who were detained while collecting scrap near the northern crossing.
He said that there are seven women among the detainees, three of whom were released while four others are still detained including Muntaha Al-Tawil the wife of El-Bireh mayor who was held in administrative detention for three months.
He added that 225 of the detainees were children less than 18 years old, noting that the IOF soldiers were increasingly detaining children less than 12 years old and mentioned a number of cases where 9 year olds were detained.
Ashkar said that many prisoners were suffering as a result of deliberate medical neglect on the part of the Israeli prisons authority (IPA) and as a result of the escalating attacks on their wards and the humiliating strip searches that even expanded to include relatives visiting them.
He said that the IPA was threatening 15 prisoners with deportation and has turned 9 captives into open-ended detention after considering them “unlawful combatants”.
The committee appealed to the international organizations to pressure Israel into halting the rabid campaign against prisoners and to apply the fourth Geneva Convention in this issue.
Tibi: Barak responsible for Palestinian death at checkpoint
Ma’an/Agencies – 04/04/2010
Bethlehem – Palestinian Knesset Member Ahmad Tibi said Israel’s Defense Minister Ehud Barak bears responsibility for the death of a diabetic at a West Bank checkpoint, Israeli media reported.
“Ehud Barak is personally responsible for his cruel death. The orders at roadblocks require the humiliation and oppression of a civil population, and the person who issued the order is responsible for the death of a Palestinian-French civilian,” said Tibi according to the Israeli daily Yedioth Aharonoth.
Mohammad Damen Abed Al-Karim E’lieyat, 62, from the village of Dir Abu Da’eef in Jenin, was en route to the Jordan Valley but was barred from transit for several hours at the Al-Hamra checkpoint in Tubas. E’lieyat, diabetic with high blood pressure, died of a severe heart attack shortly after being allowed to cross.
E’lieyat made several attempts to cross but was turned back by Israeli authorities who said that he was unable to pass because he held French citizenship.
An Israeli military spokesman told Ma’an that a complaint was filed with the Jericho DCO following the death.
Settlers attack elderly woman in Sheikh Jarrah
Ma’an – 03/04/2010
Jerusalem – Israeli settlers assaulted an elderly Palestinian woman and her daughter in the Sheikh Jarrah neighborhood of East Jerusalem on Friday, amid protests against settler “provocations” in the area.
The elderly woman, 89-year-old Rifqa Al-Kurd, was taken to Al-Maqasid Hospital in Jerusalem where she received medical treatment before she was discharged. Her daughter was identified as 50-year-old Nadiya.
Ma’an’s correspondent reported that some 200 demonstrators, including international sympathizers, rallied in the district home to a number of settlers, protesting recent attacks on Palestinian residents of the neighborhood.
He pointed out that the elderly woman was attacked in front of Israeli police officers who opted not to stop them. Instead, they told the Al-Kurd family to file a legal case against the settler who was filmed attacking the woman and her daughter, he said.
Also Friday, local residents accused some Israeli police officers of attacking Palestinians who tried to defend themselves against the settlers.
Israeli settlers and soldiers attacked Palestinians in Silwan on Thursday night, onlookers said. A 15-year-old boy, Yezen Ammar Siam, was taken to an undisclosed location, witnesses in the flashpoint area said.
No Drawdown for US Special Forces in Iraq
By Jason Ditz | April 02, 2010
Despite much being made of the so-called August timetable that would spell an end to “combat” missions in Iraq and cut the US forces to about 50,000, SOCOM head Admiral Eric Olson today announced that this would not affect his troops, which are involved in some of the heaviest combat.
“The special operations forces are not experiencing a drawdown in Iraq,” Olson insisted, adding that the 50,000 troops scheduled to stay behind would have a “continuing mission” to support their operations.
The admiral gave no indication that there was a separate drawdown timetable at all for the 4,500 SOCOM forces in Iraq, saying that his conversations with Gens. Petraeus and Odierno suggested that they were planning to sustain that level going forward.
There have been discussions for months that the August drawdown would be slowed or even stopped altogether amid rising violence in the nation, but the comments by Admiral Olson today suggest that the speculative drawdown strategy had never included his forces, and that the administration never had any intention of stopping combat operations in August.
Israeli Court Decides Not To File Charges Against Soldier Who Killed Nonviolent Protestor in Bil’in
By Saed Bannoura – IMEMC & Agencies – April 02, 2010
Despite a video clearly showing the death of Bassem Abu Rahma, who was shot in the chest by a gas bomb, an Israeli court decided Thursday that the killing that took place during a nonviolent protest against the Annexation Wall in Ni’lin near Ramallah, was not intentional.
The brother of Abu Rahma slammed the decision and said it comes to give the soldiers more chances to continue the killing of innocent, nonviolent protestors.
The soldier will not face any charges, and will be allowed to resume his military service as if nothing happened. Bassem Abu Rahma, 31, was killed in April of last year. Israeli and International peace activists were also at the scene.
The Israeli army claimed that Abu Rahma and other protestors were throwing stones at the soldiers, yet the video footage clearly shows him shouting at the soldiers asking them not to open fire. “rega, rega, catzin” the Hebrew words Abu Rahma told the soldiers… “officer… officer… wait.. listen..”.
The Israeli court disregarded the facts and decided to close all investigations in the issue, and decided that the gas bomb fired by the army was not intentionally aimed at Abu Rahma.
This decision disregarded the fact that the soldiers did not have to open fire at the protestors to start with as they were not under attack, and the nonviolent protestors were on the other side of a barbed-wire fence installed by the army.
Bil’in in the scene of weekly nonviolent protests against the illegal Israeli Annexation Wall and settlements. Israeli and International peace activists join the residents in their protests in Bil’in and in several other Palestinian villages in the West Bank.
Ashraf, the brother of Bassem, said that the court’s decision does not surprise him, and added that “Israel’s Justice System provides cover for the soldiers to continue their crimes”.
In July of 2008, Ashraf was detained by Israeli soldiers during a nonviolent protest in the nearby village of Ni’lin, and after he was cuffed and blindfolded a soldier, standing next to him, pointed his gun at his leg and shot him with a rubber-coated bullet.
The shooting of Ashraf was also caught on tape by a young Palestinian girl. Israeli soldiers kidnapped her father later on as a punishment just for exposing the crime.
Commenting on his brother’s death, Ashraf said that hundreds witnessed the attack, and heard Bassem call out to the soldier asking him to hold his fire, but the soldier shot him while he was only six meters (nearly 20 feet)away.
Ashraf stated that the family will file an appeal to the Israeli High Court of Justice, and should it also fail to achieve justice, the family would resort to the International Court.
The army insists that the soldiers did not commit any violation, and that the decision was made after examining all related details.
Israel army ‘routinely’ fires on Palestinian journalists
Ma’an – 01/04/2010
Bethlehem – Reporters Without Borders has deplored the frequency of alleged press freedom violations by the Israeli military, whose forces the Paris-based press freedom group says routinely fire on Palestinian journalists.
At least eight journalists were injured by shots fired by Israeli soldiers during March in the West Bank and Jerusalem.
“The incidents continue with complete impunity,” Reporters Without Borders said. “The IDF soldiers involved are rarely punished and, less still, disowned by the superiors, who endorse the use of violence against media personnel. It is time this stopped.”
In the most recent incident, Falestin TV journalist Harun Amayra was injured in the foot by a shot fired by an Israeli soldier while he was covering a peaceful demonstration marking Earth Day in Badras, a village to the west of Ramallah, on 30 March. Around 10 demonstrators were also injured by Israeli gunfire. Amayra was hospitalized in Ramallah.
A crew working for satellite TV station Al-Quds were blocked for several hours by Israeli troops at the Qalandiya checkpoint on 25 March while on their way to present a live broadcast from Jerusalem. After interrogating presenter Raed Fathi, the soldiers banned him from entering the city for a week.
Falestin TV reporter Harun Amayra and cameraman Najib Sharoneh were doing a report in the village of Badras on 19 March when Israeli soldiers accosted them, hit them and then detained them for nearly four hours.
The same day, Israeli soldiers banned journalists from entering the village of Ni’lin, near Ramallah, where the reporters had wanted to cover the weekly protest against Israel’s West Bank barrier.
An Israeli soldier fired a tear-gas grenade at photographer Nasser Al-Shouyoukhi of The Associated Press during clashes between Israeli troops and Palestinian youths on 17 March in Hebron. Rubber-coated bullets and tear-gas canisters were also fired at photographer Issam Al-Rimawi while he was covering events at the Qalandiya checkpoint.
Israeli soldiers fired rubber bullets at three Palestinian photographers – Mahmoud Alyan and Mahfouz Abou Turk (who both work for the daily Al-Quds) and Ahmed Al-Gharabli of Agence France-Presse – while they were covering clashes between soldiers and Palestinian youths outside the Al-Aqsa mosque in Jerusalem on 5 March.
IOF assaults on Land Day demos: 4 youths shot at close range
Eva Bartlett | In Gaza | March 31, 2010
Four non-violent demonstrators were shot at close range with live ammunition by Israeli soldiers during six simultaneous protests throughout the Gaza Strip commemorating “Land Day”.
Three of those injured come from Khoza’a, a village east of Khan Younis in Gaza’s south. The fourth, from Deir al Balah, was participating in a peaceful demonstration east of Meghazi, central Gaza.
The Khoza’a demonstration neared the border shortly after 12 noon. Israeli jeeps stopped along the Green Line border, their number increasing quickly. Israeli soldiers exited their jeeps and assumed sniper positions on a raised dirt mound and along the border fence.
Jemah Najjar, 22, was the first to fasten a Palestinian flag to the border fence in today’s demonstration. He was also the first injured in the Khoza’a region, roughly 10 minutes after he had placed the flag on the fence, he estimates.
Israeli soldiers repeatedly opened fire on the very visibly unarmed demonstrators, without any verbal warning, nor without warning shots in the air.
Pieces of the IOF bullet which struck Jemah Najjar are still lodged in his head. He will require an operation to remove them, if it is possible.
Walla’a Najjar, 18, was shot just above the kneecap by an IOF soldier at close range.
“I saw the soldier who shot me. He didn’t give any warning, just shot me right away.”
Walla’a Najjar is fortunate that the bullet did not hit an artery, although as it was he was bleeding heavily. Doctors say his leg has been fractured by the bullet. Palestinian medics confirm that in their experience Israeli soldiers routinely aim for the upper thigh area where an artery lies. If not treated quickly, victims can bleed to death from an artery injury.
Hani Najjar, 17, also has bullet shrapnel in his body. “The Israeli soldier was lying on a dirt mound across from us. He fired at me without warning.”
The bullet, fired from a distance of roughly less than 50 metres, hit below Hani Najjar’s knee. He will need an operation to remove the multiple pieces of shrapnel deeply embedded in his flesh. He had planned on attending the demonstration and continuing on to his nearby high school.
Fellow protestors carried the injured roughly half a kilometer to a place which ambulances could access. The border region is notoriously dangerous for all, including medics who under international law should have unheeded access to the injured. But through experience, medics in Gaza know they cannot reach victims in the border regions.
Mohammed Ot’ti, 21, from Deir al Balah, was in a demonstration further north along the border, east of Meghazi camp, central Gaza.
Ot’ti was the first to place a flag on the fence in his demonstration and was shot immediately after by an Israeli soldier, at close range.
“Last time they shouted at us and mostly fired in the air,” Ot’ti said, referring to last week’s demo in Waddi Salqqa. “This time, they didn’t say anything or give any warning. They just shot me.”
Like the others, Ot’ti says when he is healed, he’ll resume going to the demonstrations.
Mahmoud Az Zaq, co-coordinator of the Committee Against the Buffer Zone, said: “The Israelis should have fired warning shots, but instead they just shot directly at the youths”
Ma’an news reports that an Israeli military spokesman said an investigation showed “soldiers operated in accordance with accepted dispersal procedures,” in regards to the IOF violence against unarmed protestors.
To commemorate Land day, the Committee Against the Buffer Zone and the Local Initiative from Beit Hanoun organized 6 protests, in Rafah, Khoza’a, Meghazi, Karni, Beit Hanoun and Beit Lahiya.
Land Day remembers the murder of six Palestinians 34 years ago who were themselves protesting the Israeli annexation of Palestinian land.
Today’s protests are the latest in demonstrations growing in frequency and numbers, protesting the Israeli-imposed “buffer zone” and calling for the rights of Palestinians to work and live on their land, without threat of being shot or abducted by Israeli soldiers.
In May 2009, Israeli planes leafleted “buffer zone” areas re-iterating the Israeli imposition of a 300 metre off-limits area, within which anyone is subject to Israeli fire. In reality, Israeli soldiers shoot up to 2 km on farmers and civilians on their land, including children and women.
In Land Day commemorations yesterday and today, Palestinians throughout occupied Palestine tended olive and fruit trees, dressed in traditional Palestinian clothing, danced Dabke and showed the Palestinian spirit which until now has not been quashed by Israeli brutality.
CPT report corroborates family account of child arrest
Ma’an – 31/03/2010
A photo of Suhad provided by her father [MaanImages]
Bethlehem – A report from Christian Peacemaker Teams in Hebron confirmed reports of the detention of a 13-year-old girl by Israeli forces last week.
At the time, an Israeli military spokesman said he had no knowledge of the incident, which was left uncorroborated until a CPT report was released on Thursday.
According to the report, “At about 5:45pm , CPTers followed four soldiers as they entered the girl’s home and ordered the entire family to the roof. Once on the roof, a fifth soldier from a permanent post on a neighboring Israeli settler home ordered the family’s three teenage daughters to one side of the roof.
“The soldier singled out the 13-year-old and accused her of throwing a stone. The girl’s mother protested saying that minutes before she had notified this soldier of settlers throwing stones at her as she hung her laundry and that he had seen settlers throwing stones. She was dumbfounded that the soldier’s response was to call another unit of soldiers to detain her daughter.
“Two more units of soldiers arrived at the house before escorting the girl out of her home. The girl’s aunt attempted to prevent the soldiers from taking the girl by linking arms with her and refusing to let go. After a five-minute stand off, soldiers stated that the aunt could accompany the girl and the group of eighteen soldiers escorted them both away to a military jeep. Israeli police arrived, arrested the girl and took her and her aunt to a police station for questioning and fingerprints.”
Ma’an had identified the child as Suhad Al-Ewaiwi, whose father contacted the Palestinian Prisoners Society shortly after his daughter was taken from their home. Lawyer with the society, Muhammad Shahin, said he called Israeli police, who told him settlers accused the girl of throwing stones at them.
Israeli Army Invades Khan Younis, Leaders Weigh Resumption Of Assassinations
By Saed Bannoura – IMEMC & Agencies – March 28, 2010
Ma’an images
Several armored military vehicles carried out a limited invasion into Khan Youni, in the southern part of the Gaza Strip, on Sunday morning. The latest attack comes amidst talks of a likely resumption of assassinations in the coastal region. Israeli Finance Minister called for “reoccupying” Gaza and “eliminating Hamas”.
Eyewitnesses reported that several armored vehicles and military bulldozers advanced 500 meters into the area, and that military bulldozers started uprooting trees and farmlands while the army opened fire in different directions. Military bulldozers uprooted olive and almond trees in Um Al Mahed and Abu T’eima areas, in Khan Younis.
The invaded area is where Friday clashes took place; one resident was killed and thirteen others were wounded. Two Israeli soldiers were killed and three were wounded. The latest developments came as Israel’s military and political leaders are weighing the possibility of a massive attack against the Gaza Strip in addition to weighing the possibility of resuming Israel’s illegal assassinations policies.
Israeli paper, Maariv, reported Sunday that Israel’s military leadership believes that Palestinian resistance groups in Gaza benefited from the cease fire that followed “Operation Cast Lead” offensive against the Gaza Strip a year ago January. The paper added that this cease fire gave the resistance a chance to attack the Israeli army along the border with Gaza, such as the Friday attack that led to the death of three soldiers.
A number of military leaders said that the known policy of bombarding tunnels and “weapons storage facilities is not affective anymore and does not curb further attacks”.
Senior Israeli military leaders stated that the current situation requires the resumption of the assassination policy. They are calling for assassinations targeting certain political and military leaders of Palestinian factions in Gaza, especially prominent figures.
The Israeli army believes that after the Friday attack and the killing of the soldiers, several leaders in Gaza went underground fearing Israel’s retaliation.
The army estimates that those leaders would resume their activities in the future, therefore “the army must prepare plans to assassinate them”, and should also bombard certain areas believed to be used by the resistance. This includes tunnels, resistance training centers and areas believed to be weapons storage facilities, in addition to bombing the homes of political and military leaders of Hamas and other factions.
Israeli Finance Minister, Yuval Steinitz, called for “reoccupying Gaza” and to totally eliminate the authority of Hamas in the coastal region. He said that reoccupying Gaza and eliminating Hamas, the ruling “power” on Gaza, are among the main scenarios that Israel might elect should other options fade.
Steinitz slammed what he called “the U.S. pressure on Israel”, and claimed that Israel conducted acts of “good will” towards the Palestinians by “giving them the chance to improve their economy” and by “freezing settlement activities”.
Palestinian Political Prisoners
By Stephen Lendman | March 27, 2010
The numbers vary but range at any time from over 7,000 to 12,000 or more. In April 2008, the Adalah Legal Center for Arab Minority Rights in Israel cited 11,000, including 345 children and 98 women. Over 1,000 suffered from chronic or other diseases. Around 150 were seriously ill from heart disease, cancer, and other diseases, and 195 or more Palestinians died or were killed in prison since 1967.
As of January 2009, Adalah said about “22,500 individuals were imprisoned or detained in Israeli prisons; around 70% (or 15,750 are) Arabs.” Included are 9,735 Palestinians, nearly 80% classified as “security.” Of these, 570 were administrative detainees, uncharged by order of an administrative official, not a judge.
Another 20 were so-called “unlawful combatants” under Israel’s Unlawful Combatants Law (UCL), saying they’re not entitled to POW status under international law because they either took part in hostilities against Israel (directly or indirectly) or belong to a force carrying them out. No proof is needed, only “a reasonable basis for believing” the designation is accurate, and under UCL, detentions can be permanent, without trial or judicial fairness.
According to the Addameer Prisoners’ Support and Human Rights Association, since 1967, “over 650,000 have been detained by Israel,” about 20% of the total Occupied Territory (OPT) population and 40% of the male population. Most are held in Palestine, but many thousands in Israeli civil and military prisons, in violation of numerous Fourth Geneva provisions, including Article 49 stating:
“….forcible transfers, as well as deportations of protected persons (including prisoners) from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.”
This applies to OPT prisoners, most of whom are political victims of militarized oppression, or in other words, guilty of being Palestinian. In addition, Fourth Geneva states protected persons shall be detained in the occupied territory and, if convicted, serve there sentences therein.
OPT arrests and detentions come under about 1,500 military regulations for the West Bank and over 1,400 for Gaza. The IDF commander issues orders, but new ones aren’t revealed until implemented because they’re issued any time for any reason, often arbitrarily and capriciously.
Israeli prisons and military detention facilities are mainly located within Israel’s 1948 borders. They include five interrogation centers, six detention/holding facilities, three military detention camps, and about 20 prisons where OPT Palestinians are held.
A secret Facility 1391 at an unknown location is notorious for using severe torture. Gilboa Prison, north of the West Bank, is also believed to administer extreme treatment.
“The location of prisons within Israel and the transfer of detainees to locations within the occupying power’s territory are illegal under international law and constitute a war crime.”
On June 7, 1967, Military proclamation No. 1 justified them “in the interests of security and public order,” weasel words meaning anything. Since then, over 2,900 orders were issued, gravely harming Palestinians’ welfare. “These orders serve as justification every time the Israeli authorities arrest a Palestinian….”
They can be held for extended periods, interrogations lasting up to six months, during which time torture, abuse and other degrading treatment is commonplace, against the great majority in custody.
After interrogation, Palestinians can be detained administratively without charge or tried in military courts where “military orders take precedence over Israeli and international law.”
Under Military Order 1530, months may elapse between being charged and trial. The entire process is structured to deny due process and judicial fairness, unlike for most Jews in civil courts.
Activists, protesters and human rights defenders are especially at risk. In July 2008, Israeli authorities, by military order, closed the Nafha Society for the Defense of Prisoners and Human Rights. It’s one of several organizations representing Palestinian detainees in Israeli courts and advocates for them in prisons and detention centers.
Currently, Israeli security forces, politicians and extremist groups are targeting human rights groups in response to their support for the Goldstone Commission report. Among those affected are:
— B’Tselem
— Adalah
— Breaking the Silence
— the Association for Civil Rights in Israel (ACRI)
— Yesh Din
— the Centre for the Defence of the Individual
— the Public Committee Against Torture in Israeli (PACTI)
— the Israel Religious Action Centre
— Physicians for Human Rights – Israel
— Rabbis for Human Rights, and
— the Palestinian Centre for Human Rights (PCHR) that condemned the practice in a February 8 press release stating:
PCHR “condemns the continued persecution of international human rights defenders in the West Bank….and the deportation of international activists from the country.”
On February 7, PCHR learned that Israeli security forces entered Ramallah and al-Bireh, storming an al-Bireh apartment building and arresting Spanish journalist Ariadna Jove Marti and Australian student Bridgette Chappell. They were taken to Ofer Prison pending their deportation, citing expired visas as pretext. The two women are International Solidarity Movement activists known, according to an IDF spokesman, “for being involved in illegal riots that obstruct Israeli security operations.”
Other activists were also arrested, Israel now issuing tourist visas only to 150 selected NGOs operating in the West Bank and East Jerusalem, including Oxfam, Save the Children, and Doctors Without Borders. However, they’ll be excluded from Area C under Israeli control, comprising 60% of the West Bank, thus hampering their work and imposing additional hardships on Palestinians.
PCHR condemned the action and recommends that international civil society and human rights organizations, bar associations, and international solidarity groups continue exposing suspected Israeli war criminals and pressuring their governments to prosecute them according to provisions of international law.
The extremist Netanyahu government won’t tolerate criticism or censure for its expansionist West Bank plans, including making all Jerusalem exclusively Jewish.
His cabinet introduced a Knesset bill prohibiting organizations from receiving funding from foreign political institutions unless registered with the Registrar of Political Parties.
They must then provide details about all “foreign political entity” donations, the source, amount, purpose, commitment made for its use, and more, as a way to harass and make the process more cumbersome.
The bill’s supposed purpose is to:
“increase the transparency and to correct lacunas (empty spaces or missing parts) in the law regarding the funding of political activity in Israel by foreign political entities (where such activity is defined as being) aimed at influencing public opinion in Israel or one of the branches of government in Israel regarding any element of Israel’s domestic or foreign policy.”
In fact, it’s to stifle free expression, dissent and activism, the way police states do it, how Israel always treats Palestinians, now increasingly toward outspoken Jews and international human rights organizations as well.
Conditions in Israeli Prisons
Israel willfully and systematically violates international humanitarian law, including Common Article 3 applying to the four Geneva Conventions, requiring:
“humane treatment for all persons in enemy hands, specifically prohibit(ing) murder, mutilation, torture, cruel, humiliating and degrading treatment (and) unfair trial(s).”
Fourth Geneva’s Article 4 calls “protected persons” those held by parties to a conflict or occupation “of which they are not nationals.” They must “be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention.” They’re entitled to full Fourth Geneva rights. Prisoners of war under Third Geneva have the same rights and those under Common Article 3.
Israel willfully denies them. Under the 1971 Israeli Prison Ordinance, no provision defines prisoner rights. It only provides binding rules for the Interior Minister who can interpret them freely by administrative decree. For example, it’s legal to intern 20 inmates in a cell as small as five meters long, four meters wide and three meters high, including an open lavatory, and they can be confined there up to 23 hours daily.
An April 2009 PCHR press release said thousands of Palestinians “continue to suffer in Israeli jails” under horrific conditions, including:
— severe overcrowding;
— poor ventilation and sanitation;
— no change of clothes or adequate clothing;
— sleeping on wooden planks with thin mattresses, some infested with vermin; blankets are often torn, filthy and inadequate; hot water is rare and soap is rationed;
— at the Negev Ketziot military detention camp, threadbare tents are used, exposing detainees to extreme weather conditions; in summer, vermin, insects, scorpions, parasites, rats, and other reptiles are a major problem;
— Megiddo and Ofer also use tents; in addition, Ofer uses oil-soiled hangers;
— for some, isolation in tiny, poorly ventilated solitary confinement with no visitation rights or contact with counsel or other prisoners;
— no access to personal cleanliness and hygiene; toilet facilities are restricted, forcing prisoners to urinate in bottles in their cells;
— inadequate food in terms of quality, quantity, and dietary requirements;
— poor medical care, including lack of specialized personnel, mental health treatment, and denial of needed medicines and equipment; as a result, many suffer ill health; doctors are also pressured to deny proper treatment, some later admitting it;
— extreme psychological pressure to break detainees’ will;
— widespread use of torture, abuse, cruel and degrading treatment;
— women and children are treated the same as men;
— NGOs like Physicians for Human Rights – Israel and the ICRC are deterred from aiding detainees;
— denied or hindered access to family members and counsel;
— imposed conditions link visits:
“with the overall security situation, requiring that prisoners must not be security prisoners and that persons applying for visits must not have a security record, requiring that visitors be first-degree relatives and that brothers or sons applying for visits must be under the age of 18.”
Treatment of Gazans Arrested During and After Operation Cast Lead
On January 28, 2009, a complaint to Israel’s Military Judge Advocate General, Brigadier General Avichai Mandelblit, by seven Israeli human rights organizations, cited degrading and appalling conditions in which detainees, including minors, were held.
Before transfer to the Israel Prison Service, they were held for many hours or days in pits dug in the ground, handcuffed and blindfolded, under extreme weather conditions. No sanitation was provided and limited amounts of food. Some, in fact, were held in combat areas, in violation of international law prohibiting their exposure to danger.
After removal from pits, some were held overnight in a truck, handcuffed, with one blanket for two people in winter. Others were kept for extended periods in the rain with little food or water. Incidents of extreme violence and humiliation were also reported that continued after prison transfers.
Legal Department Director of the Public Committee Against Torture in Israel (PACTI), Bana Shoughry-Badarne, said:
“Israel’s indifference to its moral and legal obligations to detainees is particularly objectionable in view of the fact” that the IDF completely ignored “the basic rights of the detainees and captives” under international law, violations committed against every detainee held.
Since July 2007, Gazan families have been denied access to their relatives in Israeli prisons. Non-Israeli Palestinian lawyers can’t represent them in military courts. Travel restrictions impede all lawyers. Meetings with their clients aren’t confidential, and most prisoners have no access to an attorney.
In 2006, B’Tselem issued a report titled, “Barred from Contact: Violation of the Right to Visit Palestinians Held in Israeli Prisons,” citing obstacles families face to visit their relatives. They include difficulties obtaining required permits and “grueling journeys” of up to 24 hours, the result of long distances through numerous checkpoints plus delays.
This “arbitrary and disproportionate policy not only infringes the right to family visits, it also results in violation of other rights and principles of international humanitarian and human rights law, as well as domestic Israeli law.”
In January 2010, Adalah addressed the same issue stating:
On December 9, 2009, “Israel’s Supreme Court (HCJ) decided that the state has no obligation to allow family visits for Gazans detained in Israel.” Writer Grietje Baars, a UK lawyer, said the HCJ rejected petitions by detainees, their relatives and Palestinian and Israeli human rights organizations, claiming that “Israel’s rights as a sovereign state” lets it deny “foreigners” entry in violation of international law – a clear act of persecution.
Under Article 7(g) of the Rome Statute of the International Criminal Court (HCJ), crimes against humanity include:
“Persecution (meaning) the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity.”
In a previous decision, the HCJ held that:
“It is a firmly established precept that the human rights to which a person is entitled simply by being human remain even when he is detained or imprisoned, and the fact that he is incarcerated cannot serve to deprive him of any right.”
Denying them defies that ruling, and the fact that hundreds of Gazan detainees in Israel are held indefinitely without trial, are in virtual isolation, and can only send their families occasional messages through ICRC representatives.
Petitioners call banning visits “collective punishment” under Fourth Geneva’s Article 33 stating:
“No protected person may be punished for an offence he or she has not personally committed. Collective penalties….are prohibited.”
Doing so (along with torture and other forms of abuse) aims to break their spirit to get them to cooperate or confess to crimes they didn’t commit.
Baars concluded:
“Aside from the right to have their rights hououred and protected, and to live their lives in dignity and freedom, the Gazans and the Palestinians in general, have the right to an effective judicial remedy. Without domestic enforcement of international law, the onus is on the international community to fulfill these rights and uphold the rule of law, internationally, for the benefit of all.”
The international community’s failure to comply with international law lets Israel violate its provisions freely. Unless changed, Israel’s lawlessness will continue unchecked, a no longer to be tolerated grim prospect.
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com
In West Bank Palestinian Childhood Is Cut Short – It’s the Law
March 27th, 2010 | by Carol Sanders
In the West Bank, there is a two-tiered system of justice, including for minors. For settler children, justice is administered according to Israeli domestic law, with all the due process protections that affords. They cannot be charged as adults until they reach 18, in accordance with the U.N. Convention on the Rights of the Child, to which Israel is a signatory. For Palestinian children, military law applies, and that pretty much means due process, and the tenderness of their years, is irrelevant. Their childhood itself is cut short, both by the circumstances of the Occupation and the letter of military law. Until recently, they could be charged as adults as young as 12 years of age. A recent military order “reformed” that anomaly by setting their age of majority at 16 –still two years earlier than their settler counterparts, and two years younger than required by the Convention on the Rights of the Child. But the reality is that children as young as 12 continue to be arrested and imprisoned in adult military jails. In the majority of cases the soldiers who arrest them say that the children were throwing stones, which carries a maximum sentence of 20 years.
Defence of Children International-Palestine reports that arrests of children have been increasing . Presently approximately 350 West Bank children under 17 are being held in Israeli prisons. Defence of Children provides testimonies of the children, detailing the brutal circumstances of their detention and interrogation, and their confinement with adult prisoners. Urgent appeals on behalf of the children are issued by Defence of Children, including in the case of masse arrests (17 children taken in a night raid from Al Jalazun Refugee Camp near Ramallah), and the transfer of children to prisons within Israel, where family members cannot visit because of restrictions on movement of people under Israel’s military Occupation.
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