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Urgent campaigns / Urgent Interventions / Israel / 2014 / February

Israel: Concern about six administrative detainees currently on hunger strike and subjected to punitive measures

Case ISR 260214

Administrative detention/ Hunger strike/ Punitive measures/ Serious health concerns

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Israel and the Occupied Palestinian Territory.

Brief description of the situation

The International Secretariat of the OMCT has been informed by Addameer, a member of the OMCT SOS-Torture Network, about the critical health conditions of Mr. Akram Fasisi, Mr. Waheed Abu Maria, Mr. Mo’ammar Banat, Mr. Ameer Shammas, Mr. Husam Omar and Mr. Musa Soufian, six administrative detainees currently on hunger strike in protest of Israel’s policy of indefinite detention without charge or trial. OMCT recalls that the widespread practice of imprisoning Palestinians under administrative detention orders is illegal according to international law.

According to the information received, Mr. Akram Fasisi (31 years old from Ithna, Hebron) has been on administrative detention since 16 November 2012, and his administrative detention order has been renewed three consecutive times. He started his first hunger strike on 29 September 2013 for 59 days before ending it due to a deteriorating health. He announced a new hunger strike on 9 January 2014, and is currently held in Kablan civil hospital.

Mr. Waheed Abu Maria (46 years old, from BeitUmmar, Hebron) has been on administrative detention since 30 October 2012, and his administrative detention order has been renewed five consecutive times. He is currently being held in Tel Aviv at Willenson Hospital. He started his hunger strike in protest of this policy on 9 January 2014.

Mr. Mo’ammar Banat (26 years old, from Arroub Refugee Camp) has been on administrative detention since 13 August 2013, and his administrative detention order has been renewed twice. He is currently detained in Kablan civil hospital. He started his hunger strike on 9 January 2014 in protest of administrative detention.

Mr. Ameer Shammas (22 years old, from Ras Al Jora, Hebron) has been on administrative detention since 2 September 2013. He was initially in Megiddo Prison before being transferred to Ramleh Prison Clinic and then to Assaf Harove. He is currently being held in Tel Hashomer civil hospital. He started his hunger strike on 11 January 2014.

Mr. Husam Omar (30 years old from Tulkarem) was arrested on 26 February 2002 and sentenced to thirty years. He was re-interrogated for 50 days on 17 June 2013 and presented with a new list of charges. On 30 September 2013, he was transferred to an isolation cell in Megiddo Prison. He is currently being held at Ramleh Prison Clinic. He started his hunger strike on 25 January 2014 in protest of his indefinite period of isolation.

Mr. Musa Soufian (from Tulkarem) was arrested in 2002 and initially sentenced to life. He was also re-interrogated in late 2013 with Mr. Husam Omar and issued a new list of charges. He started his hunger strike on 25 January 2014 in protest of his imprisonment in isolation beginning on 30 September 2013. He is currently detained in Ramleh Prison Clinic.

According to the same information received, Addameer was able to visit Mr. Mo’ammar Banat and Mr. Akram Fasisi mid February. Mr. Banat and Mr. Fasisi reportedly explained that on the first day of their announced hunger strike, they were immediately transferred to cold and humid isolation cells. Despite the cold weather, all of Mr. Banat and Mr. Fasisi’s belongings and blankets were confiscated. They were denied the right to shower for the first ten days of their strikes. They described that their isolation cells were 2x2 meters in size, only contained a small pit in the floor for them to relieve themselves, and were monitored by Israeli Prison Service (IPS) cameras 24-hours a day. Mr. Banat and Mr. Fasisi also told Addameer that as punitive measures, they were denied recreational hours in the yard, family visits, the ability to purchase basic supplies and goods from the prison canteen, and were subjected to frequent night raids and searches.

Mr. Banat and Mr. Fasisi reported that they were transferred to Sha’are Zedek Medical Center on the fifteenth day of their strikes along with Mr. Waheed Abu Maria and Mr. Ameer Shammas. Afterwards the four of them were taken to Ramleh Prison Clinic. Although the hunger strikers have reported to suffer from critical health conditions, including fatigue, exhaustion, severe headaches, joint pain, chest pain, and shortness of breath, all of them consistently have refused medical treatment. They described that the IPS officers shackled the prisoners’ hands and feet to the hospital beds, and that all four of them were on various occasions transferred to solitary confinement cells in Ramleh Prison Clinic as punishment for their continued hunger strike.

According to the same information received, Mr. Ameer Shamaas is in a serious condition due to the hunger strike. He is currently held at Tel-Hashomer Medical Centre, where he receives liquids. However, he has refused any examination. Mr. Shamaas is reportedly shackled to his bed and watched by guards 24 hours. Furthermore, the IPS has not allowed his mother to visit him despite a visitation permit that she received from the army.

The OMCT has also been informed that Mr. Husam Omar and Mr. Musa Soufian, two other hunger strikers in Ramleh Prison Clinic, have also reported being subjected to punitive measures following their hunger strike, including denial of family visits, isolation in a 2x3 meter cell, confiscation of property, and daily searches between midnight and 3:00 am. In addition, Mr. Soufian has allegedly developed an unidentified lump on his neck during his imprisonment.

The OMCT has also been informed about the case of Mr. Abdul Majeed Khdeirat (45 years old from Tubas), who was arrested on 15 May 2013 at a checkpoint near Nablus, after being released in the 2011 prisoner exchange deal. He reportedly went on hunger strike for 95 days in 2013 in protest of his re-arrest. On 15 January 2014, he started another hunger strike in protest of his re-arrest and the delay in his trial, but he stopped on 18 February 2014, after his lawyers negotiated with the Israeli Occupation Forces (IOF) for his release in 18 months’ time.

According to the same information received, the IPS, Ministry of Public Security and the General Security Services (GSS or Shabak) have recommended to the Knesset (the Israeli Parliament) to consider a new legislation that would allow for the force-feeding of prisoners on hunger strike. The draft of the law has reportedly not yet been submitted to the Parliament. The new legislation been widely condemned by human rights and health organizations, including the Physicians for Human Rights-Israel (PHR) and The Legal Centre for Arab Minority Rights in Israel (Adalah).

The OMCT expresses its deep concern about the situation of the six aforementioned hunger strikers and urges the competent authorities to take immediate measures in order to ensure that they are treated humanely under all circumstances and that they are allowed access to lawyers, independent physicians and their family members. OMCT is concerned that detainees carrying out a hunger strike are getting punished, including by being held in solitary confinement, and urges the authorities to put an end to these practices.

Finally, OMCT expresses concern for the procedure under which their administrative detention has been ordered, fearing that it does not meet international human rights standards, including their right not to be arbitrarily detained as well as their absolute right at all times not to be subjected to any cruel, inhuman or degrading treatment.

Background information

Israel has been holding hundreds of persons from the Occupied Palestinian Territory (OPT) in administrative detention. In the occupied Palestinian West Bank, the Israeli army carries out administrative detention on the basis of Military Order 1651, which empowers military commanders to detain an individual for up to six months if they have “reasonable grounds to presume that the security of the area or public security require the detention.” On or just before the expiry date, the detention order is also frequently renewed and this process can be continued indefinitely.

Administrative detention deprives detainees of basic safeguards, including the right to challenge the evidence on which the detention is based, warrants are not required, and the detainee may be held in incommunicado detention for an extended period, subject to renewal.

The United Nations Committee Against Torture has expressed its concern that administrative detention does not conform with article 16 of the Convention[1]. This type of indefinite administrative detention, following manifestly unfair proceedings, can amount to cruel, inhuman or degrading treatment.

Action requested

Please write to the authorities in Israel urging them to:

i.               Guarantee, in all circumstances, the physical and psychological integrity of Mr. Akram Fasisi, Mr. Waheed Abu Maria, Mr. Mo’ammar Banat, Mr. Ameer Shammas, Mr. Husam Omar, Mr. Musa Soufian and Mr. Abdul Majeed Khdeirat;

ii.              Cease the practice of solitary confinement and any other punitive measures;

iii.            Guarantee their unconditional access to independent physicians;

iv.            Guarantee unconditional access to all members of their families, and guarantee that the family members are provided with all information concerning their medical condition;

v.              Order their immediate release in the absence of valid legal charges that are consistent with international legal standards, or, if such charges exist, bring them promptly before an impartial, independent and competent tribunal that will ensure due process at all times;

vi.            Put an end to administrative detention;

vii.           Carry out a prompt, effective, thorough, independent and impartial investigation into allegations of ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

viii.         Guarantee that adequate compensation is awarded to them for the violation of their human rights;

ix.            At all times ensure strict respect for international human rights and humanitarian law in the exercise of its jurisdiction, including in connection with military operations in the Occupied Palestinian Territory.

Addresses

Ø Mr. Benjamin Netanyahu, Prime Minister, Office of the Prime Minister, 3, Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem, Israel, Fax: +972- 2-651 2631, +972-2-566 4838, Email: pm_eng@pmo.gov.il

Ø Brigadier General Danny Efroni, Military Judge Advocate General, 6 David Elazar Street, Hakirya, Tel Aviv, Israel, Fax:  +972 3 608 0366, +972 3 569 4526, Email: arbel@mail.idf.il, avimn@idf.gov.il

Ø Lieutenant General Aharon Franco, Israel Prison Service Commissioner, Israel Prison Service, PO Box 81, Ramleh 72100, Israel, Fax: +972 8 919 3800

Ø Mr. Moshe Smilansky , Deputy Prime Minister of Defense, 37 Kaplan Street, Hakirya, Tel Aviv 61909, Fax. + 972 3 691 6940 / 696 2757

Ø Maj. Gen. Nitzan Alon, OC Central Command Nehemia Base, Central Command, Neveh Yaacov, Jerusalem, Fax: +97225305741.

Ø Col. Eli Bar On, Legal Advisor of Judea and Samaria, PO Box 5, Beth El 90631, Fax: +97229977326.

Ø Permanent Mission of Israel to the United Nations Office and Specialized Institutions in Geneva, Avenue de la Paix 1-3, 1202 Geneva, Fax: +41 22 716 05 55, Email: mission-israel@geneva.mfa.gov.il

Please also write to the embassies of Israel in your respective country.

***

Geneva, 26 February 2014.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.



[1] CAT/C/ISR/CO/4, para 17.

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Date: February 26, 2014
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Israel
Subjects: Arbitrary arrests and enforced disappearances, Threats, intimidation and harassment, Torture and violence

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