Studies

The Palestinian Prisoners and Detainees in the Israeli Jails

 (October 2006)

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  ·        Introduction

·        Overview and General Statistics

·        Exceptionally Terrible Prisons

·        Total Number of Prisoners (Sorted by Region)

·        Prisoners Sorted by Sentences

·        Prisoners’ Marital Status

·        Detainees Arrested before al-Aqsa Intifadah

·        “Old” Prisoners (Arrested before Oslo Agreement)

·        Women Prisoners

·        Arrested children

·        Arrested Palestinian Government and Council Members

·        Prisoners who spent more than 10 years in jail

·        Health Conditions

·        The Inhuman Role of Doctors

·        Torture in Israeli Prisons and Detentions: A Crime against Humanity

·        Martyrs of the Imprisoned National Movement, according to our

             records at the statistics department

·        Strategy of Killing after Arrest

·        Conclusion

·        Note

 

 

·         Introduction

 

In Accordance with the celebration of Eid al-Fitr (Lesser Bairam), the Palestinian Ministry of Prisoners’ Affairs released a comprehensive statistical report, prepared by Abdul-Naser Ferwana, head of statistics department. The report stated that the Israeli occupation government has arrested around one fourth of the Palestinian population currently residing in Palestine (25%). There is no one single family that didn’t experience the arrest of one of its members. On the contrary, there are families whom all their members were arrested, and individuals who experienced arrest several times. In many cases, whole families including elderly and women were arrested as a means of pressure on their detained sons or as a punishment. There were hundreds of cases when the houses of the detainees were demolished as a punishment for bringing up such fighters-for-freedom family members. In other cases, friends and neighbors were also arrested, solely for being their friends and neighbors.

 

Apparently, these arrests were not unjustifiable. Primarily, it was because they were Palestinians, and Fighting against the occupation, and against the tyranny and oppression that this occupation symbolizes and practices. In addition, they were in consistent pursuit for freedom, independence, their identity, their country and their flag. Though, arrests didn’t and won’t put on ice the flames of anger from the occupation. They won’t stop the fight against the occupation and against its repressing practices. Months and decades of prison didn’t eliminate the detainees’ humanity or their Palestinian identity, nor did it sway them away from their central issue.

Detainees are armed with will and determination, with strong believes in the certainty of victory, and from that they derive their stamina and steadfastness.

 

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Currently there are 10,500 Palestinian and Arab Prisoner, held in the Israeli

prisons and detentions, and their number is increasing rapidly.

 

 

The prisons are distributed over more than 30 prisons and detentions and arrest

centers, among which are Nafha, Asqalan (Shikma), Birsheva, Ramleh, Shatta, Gilboa, Megiddo, Ofer, Negev, Telmond, Nitzan, Damun, al-Maskubieh, al-Jalameh (Kishon), etc… These prisons and detentions suffer hard situations, inhuman conditions, and bad brutal behaviors towards the detainees. In addition, they lack many of the basic human life requirements. Such prisons and detentions do rarely exist in other places in the world and they glaringly contradict with the fundamental human rights’ conventions and the very basic detainee’s rights. The situation even worsened, in general, during al-Aqsa Intifada, and these prisons were (and are still) used as substitutes for capital punishment, where the most horrible acts of psychological, emotional, and physical torture. With the introduction and construction of the Apartheid Wall, prisoners suffered even being unable to see their relatives, families, or touch their kids’ fingers. All the pictures revealed to the world about what happened in “Abu Gharib”, is what happened and is still happening every moment and for years in Israeli prisons.

 

Palestinian Prisoners, along with Arabs in Israeli prisons experience conditions that are far worse and harder than the conditions at the infamous Abu- Gharib prison. Israel, that claims democracy, confesses and admits in public, torturing the prisoners. Besides, these torture methods used against the Palestinians in Israeli prisons are supported by the Israeli public, that isn’t blamed by conscious.

 

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10,500 is the total number of current prisoners, distributed by region as

Following:

 

 

The following tables included detailed prisoners’ statistics for each of the

Above five regions:

 

 

  

 

 

  As for Arab Prisoners, the numbers are based on data provided by the prisoners’ families in Syrian Golan Height and Jordan, and what the information we already had.

Note: As for administrative detainees, the above statistics do include their numbers.

 

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Table 7 shows the distribution of prisoners with respect to their sentence

types.

 

 

Table 8 shows how sentenced prisoners (5133 prisoners in total) sorted by the

Sentence’s Duration.

 

 

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Table 9 shows the prisoners’ marital status’ statistics.

 

 

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553 is the total number of detainees arrested before al-Aqsa Intifadah, i.e. 5.3% of the total number of prisoners. Some of these are even detained before Oslo Agreement and the establishment of Palestinian National Authority in 4 May 1994.

The latter are referred to as “Old” Prisoners, and currently they are 367, i.e. 3.5% of total prisoners. The remaining 186 prisoners were arrested after Oslo Agreement and before the outbreak of al-Aqsa Intifadah (1.85 of the total number of detainees). They are geographically distributed as follows:

 

 

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There are 367 prisoners arrested prior to Oslo Agreement and the establishment of the Palestinian National Authority in May 4th, 1994. These prisoners constitute 3.5% of the total number of prisoners.

  

 

Arab Prisoners Prior to Oslo Agreement (total of 9 prisoners) are presented in table 12.

 

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The Israeli Occupation Forces arrested more than 500 female Palestinian citizens during al-Aqsa Intifada, of whom around 115 are held till now. Three Prisoners delivered during their arrest. These are: Mirvat Taha (released), Manal Ghanem who is still arrested and whose baby child was taken away from her after completing two years of his life, and Samar Sobeih who delivered few months ago

and is still under arrest. A similar case is the case of ’Itaf al-’Ulayyan, the administrative detainee in Talmond Prison, who is held with her two-years-old girl

’A’isha al-Houdaly.

Women Prisoners live in hard conditions, and experience cruel inhuman treatment, and frustrating scrutiny. In Many occasions, women prisoners set out hunger-strikes as a form of struggle for demanding the restoration of their rights, from which they are deprived, or for their dignity, that is violated on a daily basis by the prison guards.

 

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 More than 5,000 children arrested since the outbreak of al-Aqsa Intifada (September 28th, 2000). Around 400 children are under arrest. The vast majority of these children suffer torture in its different forms, such as hooding their heads and faces in sacks, Shabah (forcing the prisoners to stand or sit in extremely painful and harmful forms, in most cases with their hands tied together and eyes banded.

This procedure causes the prisoners severe damages in the spinal cord and vertebral column) and Whipping. In addition, hundreds of children were arrested while young and grew up in jail, and currently they are above 18, and still under arrest.

These children aren’t provided with special treatment that takes into consideration their childhood needs. Yet worse, they are deprived of basic childhood rights indicated by the UN convention, which in turn indicate a violation of the international law, that gives children the right not to be isolated from their families and keeping them always in contact with them. The Israeli Occupation’s Government prevents the arrested children’s families from visiting them for the absurd pretext of security excuses.

 The Occupation’s Government treats detained Palestinian children in a way that violates all the agreed upon conventions in the international community, including these conventions agreed upon and signed by Israel itself. Arrested children suffer hard and inhuman arrest conditions, that don’t meet the minimal international standards for children’s rights nor the detainees’ rights. This all is practiced in a deliberately set policy by the Israelis.

In addition, child detainees suffer as well as regular detainees from contagious diseases and infections, absence of necessary and sufficient medical care, and isolation from the outer-world including their parents. Moreover, they are deprived from their right of education and learning, and this all does affect negatively their future.

 

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36 members of the recently elected Legislative Council and 4 ministers of the recent Palestinian Government are behind bars. From the above mentioned 36, 25 were arrested since last June, following the “Shattered Illusion” operation in which the Israeli soldier Gilad Shalit was captured by the Palestinian resistance. Among these are ’Aziz Dowaik, the speaker of the Legislative Council, and Mahmud al-Ramahy, the Council’s General Secretary. Before that, 11 members of the same council had been arrested, 7 of them are affiliated with Hamas (Islamic Resistance Movement), 3 with Fatah (The Palestinian National Liberation Movement), and the member Sa’dat, General Secretary of al-Jabha al-Sha’abiyyah (Popular Front) who was elected while in prison.

Besides, four ministers of the Palestinian Government are still being held, from a total of nine ministers who were arrested. These four are: ’Omar Abdul-Razeq, Minister of Finance, ’Issa al-Ja’abary, Minister of Local Governance, Khaled Abu Arafeh, Minister of al-Quds (Jerusalem) Affairs, and Nayef al-Rajub, Minister of Awqaf (Endorsements) and Religious Affairs. Recently, Minister Dr. Naser Eddin al Shaer, deputy Prime Minister and Minister of Education and Higher Education was released. The Israeli Occupation Authorities also released Minister Samir Abu Eisheh, Planning Minister for a 5,000 shekel reimbursement, and Minister Wasfi Mustafa Qabha, Minister of Prisoners’ Affairs following a one-month arrest, Minister Fakhri Turkman, Minister of Social Affairs after a 16-days arrest and for a bail of 10,000 shekel, and Minister Mohammed Barghouthi, Minister of Labor.

 Capturing and Holding the Ministers and Council Members is considered as an explicit violation of the simplest international norms and conventions. It is an outright aggressive act against the Legitimate Palestinian institutions and human rights and the Legislative Council and Cabinet members’ immunity, for the sake of knocking down the Palestinian authority and weakening the government. In accordance, the Arab League and concerned International Institutions and Organizations, friend countries, and all the world’s free minds are asked to act instantly and steadily for the sake of the freedom of all the other ministers and council members currently arrested.

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 Many prisoners have already spent more than ten years in jail. Table 13 shows

Statistics of prisoners sorted by the length of duration spent till the end of 2006.

 

 According to the preceding table, 64 prisoners have already spent more than 20 years in jail. Table 14 indicates how these 64 prisoners are sorted by region.

 

 

 Among the above, are seven prisoners who spent more than 25 years and are yet

imprisoned. These are:

1- Sa’eed Wajih Sa’eed al-’Atbah Arrested since 29 July, 1977, in ’Asqalan (i.e. for more than 29 years). Single, born in Nablus, 1951.Sa’eed is the oldest Palestinian prisoner in terms of the duration spent in jail.

 2- Na’el Salih Abdullah al-Barghothi Arrested since 4 April, 1978, in ’Asqalan (i.e. for more than 28 years). Single, born in Ramallah, 1957. 

3- Fakhri ’Asfour Abdullah al-Barghothi Arrested since 23 June, 1978, in ’Asqalan (i.e. for more than 28 years). Married, born in Ramallah, 1954. Fakhri met his two children few months ago in jail.

 4- Arab Prisoner, Samir Sami ’Ali Qintar Arrested since 22 April, 1979, in Hdarim (i.e. for more than 27 years).Single, born in Lebanon, 1962. 

5- Akram Abdul-’Aziz Sa’eed Mansour Arrested since 2 August, 1979, in ’Asqalan (i.e. for more than 27 years).Single, born in Qalqilya, 1962.

 6- Muhammad Ibrahim Mahmoud Abu ’Ali Arrested since 21 August, 1980, in Bir al-Sabi’i (i.e. for more than 26 years). Married, born in Yata al-Khalil (Heron), 1956.

 7- Fo’ad Qasim ’Arafat al-Razim Arrested since 4 April, 1978, in ’Asqalan (i.e. for more than 28 years).Single, born in al-Quds (Jerusalem), 1957.

 There are 117 Prisoners already spent between 15 and 20 years in jail as

table 15 shows

 

 

 

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In his report, Abdul-Naser Ferwana, discussed the health conditions of prisoners, stating that the current living circumstances and hardships in the Israeli prisons, the cruel and harsh treatment and the strategy of continuous negligence and deferment of medical treatment and intentional medical carelessness, result in the prisoners’ suffering from various diseases and illnesses. Further complications and effects of these diseases, makes their treatment them even more difficult.

 Almost all the detainees suffer from various physical and psychological diseases due to the mentioned circumstances. 1200 of these detainees are sick with diseases that require immediate and indispensable treatment. Delaying this treatment further, will increase the illness irreversibly to a much more serious stage.

 Specifically, around 250 of the above mentioned detainees’ diseases are very  critical, including chronic diseases in the heart, cartilage, joints, sight and eyes, abdomen, and serious psychological illnesses.

 In addition, there are tens of detainees in need for immediate vital surgeries to save their lives, among them are elderly, children, women whose request for inhospital medication was denied by the administration. There are also detainees who were arrested while injured with bullets, and the bullets are still in their bodies till now, without receiving the proper medication. Instead, they are given the “magical” Akamol [form of Aspirin, painkiller], recommended by the doctors for all cases and illnesses no mater how different or serious these diseases are.

 Ferwana also explained that the jail’s clinics lack specialized doctors, such as ophthalmologists, dentists, ENT doctors (ear, nose, throat), lack psychiatrists, therapists and counselors, and do lack proper medicines as well. This violates the article 91 (part IV) of the fourth Geneva Convention, Hygiene and Medical Attention, which states that “Every place of internment shall have an adequate infirmary, under the direction of a qualified doctor, where internees may have the attention they require, as well as appropriate diet. Isolation wards shall be set aside for cases of contagious or mental diseases.”

 

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Besides all what was mentioned before, comes the role of the doctor in Israeli jails. These doctors treat the sick prisoner as an enemy not as a human. In many cases, doctors torture the patient prisoner, hurt them, or leave them for pain intentionally. In other cases, the prisoner is offered to be treated at the price of collaborating with them, which contradicts with the pure humanitarian nature of the medical profession.

 

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Humanity

 

About the issue of torture in Israeli prisons and detentions, Ferwana assured that Israel is the only country in the world where torture, forbidden internationally in all its physical and psychological forms, becomes lawful, being decreed in its various judicial and security bodies, giving it all the necessary legal cover, and rewarding those who practice it.

 This led to the Israeli various security bodies, originating and practicing more than seventy physical and psychological forms of torture, among which are:

whipping, putting in the freezer, al-Shabah (described before), standing for a long time, deprivation of sleep, deprivation of food, isolation, harming sexual parts, breaking ribs, hitting on already wounded places, arresting relatives and torturing them in front of the concerned prisoner, spitting on the face, tying them up in a banana form, hitting the abdomen and the back of the head, etc ….

 Though, it is noticeable that whipping is the most used form, since 99% of the detainees experienced it, not to forget the fact that the vast majority of detainees

experience more than one, actually many, different forms of torture. Hence, tens of detainees died in the investigation cellars, and tens of others die after liberation due to the consequences of the torture they experienced. There are also thousands of liberated prisoners who suffered and still suffer from these serious consequences and complications.

 Not all those who were tortured sustained torture to stay alive, and not all those who sustained, sustained enough to be able to speak out, but there are many cases of detainees who survived and talked virulently about their experience.

 Some of these are still suffering even though many years have passed since their release.

 What is worse is what did the Israeli newspaper Haaretz reveal few months ago, that the Israeli investigators enjoy torturing the prisoners, and that every Palestinian is an enemy. It added that these inhuman practices with prisoners are justified by the personal feeling of the soldier or investigator, that he/she will not be judged on such practices and that he will rather get support from his friends and chiefs.

 There is no one previous record or incident in which an Israeli official was judged or asked about war crimes committed in the investigation cellars or in jails, because these investigators are protected and covered by laws.

 

 

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 183 prisoners died as a result of torture or killed on purpose following their arrest, or because of medical negligence, the last of these was the prisoner Suleiman Mouhammad Mahmoud Darayjah, who passed away on 26 April 2006 in Hasharon Prison, as a result of the prison’s administration’s carelessness. Suleiman then was 23 years old, and he was a citizen of al-Taybah, in the Occupied Territories in 1948, and he was sentenced seven years jail.

 

 

 Regarding this issue, Abdul-Naser Ferwana, head of Statistics Department, states that there are hundreds of prisoners who passed away only few days following their liberation or weeks or months later as an implication of the torture, medical  negligence, and carelessness they suffered in the Israeli Prisons.

 Hence there is a mass crowd of victims, some of them died behind bars or after their release, but thousands others are still waiting. Because of our job and relations (Statistics Department, the Palestinian Ministry of Prisoners’ Affairs), and from our follow up for the martyrs and ill individuals among prisoners or former prisoners, we got the feeling that jail effects are consistently there.

 

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 Ferwana added that, since torture and medical carelessness are mentioned, the strategy of “on-purpose killing after arrest” should also be mentioned. This strategy is a new-old strategy that has been practiced against the prisoners since the early years of occupation. However, it has been used increasingly during al-Aqsa Intifada, in which 47 Palestinians were killed in this brutal way.

 This strategy is applied in many forms. The prisoner is either killed directly after arresting him with gun shoot from a near space, or he is moved to another place where he is shot and then announced as a prisoner who tried to escape or escaped and thus shot and killed, even though the prisoner is unarmed and he can be easily rearrested.

Some other injured prisoners are killed by continuous torment and attacks, and by keeping medical aids out of their reach, and thus leave them bleeding till death.

 

 

 

The International Committee of the Red Cross, is required to send its representatives and medical teams in visits for all the Israeli Prisons and Detentions, immediately to have a look on the harsh and inhuman conditions there; these conditions that do contradict with all the known international conventions, agreements and norms. They are also asked to press on the Israeli Occupation Government to force it to respect the international conventions that guarantee the rights of the prisoners and detainees, specifically the Geneva Convention.

In addition, the International Community and the peace and democracy activists are asked to recognize that the prisoners’ Case is a central case for the Palestinian people and a stabilizing factor in the region. Most people long for living peacefully, but for this to happen and for any agreement to succeed, the prisoners should be released without any terms, conditions or discrimination.

 All the Institutions concerned with human rights and humanity, and media, whether read, written or seen, are asked to shed the light on the prisoners’ case and their suffering, to expose to public the practices of the Israeli forces against them, and to work collectively and consistently for keeping the Palestinian prisoners’ case sound until they are all released.

 It is time now for the whole world to look around a bit at what is happening inside the Israeli prisons and detentions; look with their eyes at the systematic terrorism of the Israeli Occupation, that violates the United Nation’s human rights conventions and international agreements on the treatment of prisoners and civilians during wartime.

 

 

 The statistics mentioned are approximations and not 100% exact, for many

reasons, the most important of which are:

 - Prisoners who are members of the Palestinian Police don’t get any salary from

the Ministry of Prisoners’ Affairs are thus are not registered in our database. 

- There are hundreds of recently arrested prisoners whose registration procedures in our database are yet to be finished. Thus, these numbers are approximate. 

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