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PHR-Israel’s ENP country progress report on Israel (September 2012 –September 2013) on Palestinian Prisoners and Detainees.

PHR-Israel’s ENP country progress report on Israel (September 2012 –September 2013) on Palestinian Prisoners and Detainees.

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Published by PHR Israel
PHR-Israel’s ENP country progress report on Israel (September 2012 –September 2013) on Palestinian Prisoners and Detainees.
PHR-Israel’s ENP country progress report on Israel (September 2012 –September 2013) on Palestinian Prisoners and Detainees.

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Published by: PHR Israel on Oct 28, 2013
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Physicians for Human Rights-Israel (PHR-I) Input to ENPSeptember 2012- September 2013Palestinian Prisoners and Detainees
As of August 1
st
, 2013, Israel was holding 5,068 Palestinian political prisoners – classified byIsrael as ‘security’ prisoners – from the occupied Palestinian territory (oPt) and Israel, as well asArabs from the occupied Golan Heights. On August 13
th
, 2013, twenty-six prisoners werereleased by Israel as a good-will gesture toward a new round of negotiations.
Statistics on Palestinian prisoners and detainees held in Israel
1
Type of PrisonerNumber of PrisonersTotal Number of Political Prisoners
5068Administrative detainees134 (9 PLC members)Female prisoners13Child prisoners195 (36 under 16)East Jerusalem prisoners180Palestinian citizens of Israel prisoners208Prisoners from Gaza422
In addition to these prisoners and detainees, as of late April 2013, according to B'Tselem: 1,267Palestinians were held as ‘common law’ prisoners in IPS facilities for illegal stay in Israel, 24 of them from Gaza. In addition, at any given moment, dozens of Palestinians are held in facilitiesmanaged by the Israeli military for short periods of time (days to several weeks).It should be noted that ‘security’ prisoners are classified separately from common law prisonersand receive harsher treatment.
2
The Head of the Palestinian Authority Statistics Unit, Abed el-Nasr Far’ouna, reported a 16.2%increase in arrest rates in 2012 compared with 2011. In 2012, 3,848 Palestinians were arrested,including 881 children, 67 women, 11 members of the Palestinian Legislative Council (PLC),and 12 prisoners previously released under the Shalit deal. This amounts to an average of 321arrests per month, and 11 per day.
Information on prison and detention conditions, including torture and cruel, inhuman anddegrading treatment (CIDT)
As in previous years, Israeli perpetrators of human rights violations in custody continue to enjoyimpunity, due to a lack of legislation prohibiting torture and a lack of proper mechanisms of 
1
Statistics obtained by Addameer from the Israel Prison Service (IPS), 1 August 2013, available at addameer.org
2
See Adalah, Physicians for Human Rights Israel, and Al Mezan Center for Human Rights’ Position Paper:“Inhumane Conditions of Imprisonment of Palestinian Security-Classified Prisoners in Israeli Prisons,” July 2012,http://adalah.org/Public/files/English/Publications/Position%20paper%20Prison%20conditions%20English%20final%2031_7_2012.pdf  
1
 
complaints, documentation, investigation and accountability for alleged violations. Despite adecrease in the numbers of administrative detainees, administrative detention continues as a policy.On January 2012, Israel held 310 Palestinians under administrative detention. Following thehunger strikes, the number was reduced to 134 on August 2013. The policy according to whichIsrael sees administrative detention as legitimate stayed intact.On September 2012, the spokesperson of EU High Representative, Catherine Ashton, issued astatement on the deteriorating health condition of Samer al-Barq and Hassan Safadi, Palestiniansheld in administrative detention in Israel. She also reiterated the EU’s longstanding concernabout the extensive use by Israel of administrative detention orders.
For more information, see also the report on the hunger strikes of 2012
 
)
Arrests during and following the attack on Gaza
Different Human Rights Organizations reported a sharp increase in arrests of Palestinian duringIsrael’s last attack on Gaza (November, 14
th
, 2012), estimating the number of arrests on 500,including minors, women and men in the West Bank. In most cases arrests involved violence,night raids into homes, curfews imposed on villages and neighborhoods. Some were arrestedduring protests and demonstrations against the attack in Gaza. Demonstrations were oppressedviolently using live ammunition, rubber covered bullets, smoke and sound-grenades and physicalassaults, including of detainees already in handcuffs. It is estimated that more than 50 of thosearrested are held under administrative detention. Among them, there are 4 members of thelegislative council who were arrested shortly after their release from previous administrativedetention.
3
On November 22
nd
, 2012, PHR-Israel appealed to Hadassa Hospital, in Ein Karem and Mt.Scopus, and Sha’arei Zedek Medical Center concerning the treatment of injured detainees. Werequested to emphasize adherence to medical ethics and protection of the rights of hospitalizeddetainees. Past experience has showed that when escorted by army/interrogators or police,medical staff is in danger of compromising confidentiality and neutrality.Healthcare workers in the Israeli prisons system are still employed by the Israel Prisons Service(IPS), perpetuating a situation of ‘dual loyalty’, in which medics are trapped between theinterests of their employers and their duty to their patients. This is expressed clearly in policiestoward patients and can only end if healthcare is removed from the remit of the IPS to that of theHealth Ministry.
3
2
 
On June 26
th,
2013, the 25
th
Anniversary of the Convention Against Torture, the organizationsissued a joint statement outlining a general blueprint for prevention of torture and abuse of thehuman rights of prisoners and detainees in Israel. To access the joint statement on torture withlinks to other relevant documents
Newly released UN reports and recent EP resolution
In March and June 2012, the organizations submitted joint reports to the UN Committee AgainstTorture (UN CAT) and to the UN Human Rights Committee (UNHRC),
 
detailing Israel’s lack of compliance with both the Convention Against Torture and the International Covenant on Civiland Political Rights (ICCPR) in its practices, which include, among others
The “ticking time-bomb” justification for torture in interrogations of security suspects;
The use of methods of torture such as Illegal shackling, sleep deprivation, prolonged solitaryconfinement, inhumane conditions of confinement during interrogation, and severerestrictions on “security prisoners”;
A culture of impunity for torture: 700 complaints filed against the GSS and the prison serviceover the last 10 years have all been dismissed without prosecutions;
4
The illegal punishment of the hunger-strikers by the Israel Prison Service (IPS)In July 2012, the UN Committee Against Torture (CAT) released its “List of Issues for Israel,”relying heavily on submissions by the NGOs, which was prepared by the Committee prior to thesubmission of the fifth periodic report of Israel (CAT/C/ISR/5), available in Word format withinthis link:
In August 2012, the UNHRC released its “List of Issues for Israel,” relying on submissions bythe NGOs, prior to the submission of the fourth periodic report of Israel (CCPR/C/ISR/4)adopted by the Human Rights Committee at its 105th session, 9-27 July 2012, available at:
In June 2013, the UN Committee on the Rights of the Child (CRC) issued the
“Concluding observations on the second to fourth periodic reports of Israel, adopted by the Committee at its sixty-third session (27 May – 14 June 2013)”, CRC/C/ISR/CO/2-4, June 14
th
 , 2013
, available at
The CRC harshly criticized Israel’s treatment of Palestinian minors in interrogation anddetention, and raised concern that Israel had
“fully disregarded the recommendations it made in
4
In June 2013, the Ministry of Justice announced the appointment of a new Inspector of Interrogatee Complaints, Colonel (Res.)Jana Modzagavrishivili, three years after the Attorney General announced that the position would be created. This decisionfinally transfers the legal authority to investigate torture complaints against GSS personnel to an external body, the JusticeMinistry. It remains to be seen whether the new position will lead to the investigation and prosecution of complaints. See PCATIPublic Statement on 11 June 2013, http://www.stoptorture.org.il/en/node/1876
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