Background

Torture & Abuse

Administrative Detention
Child Prisoners

6. Prisoners

The family of Samer Issawi, on hunger strike for over 200 days, holds his photograph

6.1

Background
According to the Israel Prison Service, there were about 4424 Palestinian prisoners and security
detainees being held in Israeli prisons as of the end of April 2012. According to prisoners rights
organization Addameer, there were 4653 Palestinians imprisoned by Israel as of May 1, 2012. 1
Since 1967, Israel has imprisoned upwards of 700,000 Palestinians from the West Bank, Gaza,
and East Jerusalem, or about 20% of the total population of the occupied territories. 2 Those
who are charged are subjected to Israeli military courts that human rights organizations have
criticized for failing to meet the minimum standards required for a fair trial.
According to Amnesty Internationals 2011 Annual Report on Israel and the Occupied
Palestinian Territories:
Palestinians in the [occupied territories] subject to Israels military justice system
continued to face a wide range of abuses of their right to a fair trial. They are
routinely interrogated without a lawyer and, although they are civilians, are tried
before military not ordinary courts. 3
According to Human Rights Watchs 2012 World Report:
Israeli military justice authorities arbitrarily detained Palestinians who advocated
non-violent protest against Israeli settlements and the route of the separation barrier.
In January a military appeals court increased the prison sentence of Abdallah Abu
Rahme, from the village of Bilin, to 16 months in prison on charges of inciting
violence and organizing illegal demonstrations, largely on the basis of coerced
statements of children. 4
1 See

Addameer: http://www.addameer.org/etemplate.php?id=475
Addameer: http://addameer.info/?p=493
3 See the report: http://www.amnesty.org/en/region/israel-occupied-palestinian-territories/report-2011
4 See the report: http://www.hrw.org/world-report-2012/world-report-2012-israeloccupied-palestinian-territories
2 See

Chapter 6. Prisoners

28

Sign at a protest for Hana Shalabi, who went on a 43 day hunger strike to protest her administrative detention.
She was released, but exiled to the Gaza Strip for 3 years.

6.2

Torture & Abuse

Until 1999, the use of torture by Israeli military and security forces was both widespread and
officially condoned under the euphemism of moderate physical pressure. Methods included
beatings, forcing prisoners into painful physical positions for long periods of time, and sleep
deprivation.
In 2000 it was revealed that between 1988 and 1992 Israels internal security force, the
Shin Bet, had systematically tortured Palestinians during the first, mostly nonviolent,
uprising against Israels occupation, using methods that went beyond what was allowable
under government guidelines for moderate physical pressure. These methods included
violent shaking, tying prisoners into painful positions for long periods, subjecting them to
extreme heat or cold, and severe beatings, including kicking. At least 10 Palestinians died
and hundreds of others were maimed as a result. 5
In 1999, the Israeli Supreme Court ruled that the use of moderate physical pressure was
illegal, however reports of torture and abuse of Palestinian prisoners continued unabated.
6 Amnesty Internationals 2011 Annual Report on Israel and the Occupied Palestinian
Territories states: Consistent allegations of torture and other ill-treatment, including
of children, were frequently reported. Among the most commonly cited methods were
beatings, threats to the detainee or their family, sleep deprivation, and being subjected
to painful stress positions for long periods. Confessions allegedly obtained under duress
were accepted as evidence in Israeli military and civilian courts. 7
Other abusive practices employed by Israel against Palestinian prisoners include the use of
solitary confinement, denial of family visits, and forcing prisoners to live in unsanitary
living conditions.
The harsh conditions endured by Palestinians in Israeli prisons prompted a series of hunger
strikes, including a mass hunger strike by more than 1500 prisoners in early 2012 leading to
some concessions from Israel. The concessions reportedly included an end to the use of solitary
confinement as a punitive measure and allowing family visits for prisoners from Gaza.
5 See

The Guardian: http://www.guardian.co.uk/world/2000/feb/11/israel

http://news.bbc.co.uk/2/hi/middle_east/439554.stm
7 See the report: http://www.amnesty.org/en/region/israel-occupied-palestinian-territories/report-2011
6 See:

6.3 Administrative Detention

6.3

29

Administrative Detention
Israel uses a procedure known as administrative detention to imprison Palestinians without
charge or trial for months or even years. Administrative detention orders are normally issued for
six-month periods, which can be extended indefinitely.
Administrative detention was first instituted by the British during the Mandate era in 1945,
prior to the creation of Israel.
There are currently as of May 29, 2012, approximately 308 Palestinians being held in
administrative detention.8
Since 1967, some 100,000 administrative detention orders have been issued by Israel.
Although there are none currently being held in administrative detention, Israeli authorities
have in the past used the procedure against Palestinian children as well as adults.
Israels frequent use of administrative detention has been condemned by human rights
organizations such as Amnesty International and Human Rights Watch, as well as Israeli
human rights groups like BTselem.
An end to the use of administrative detention was one of the main demands of a recent
wave of hunger strikes by Palestinians in Israeli prisons.
In May 2012, Israeli Public Security Minister Yitzhak Aharonovitch implicitly admitted
that Israel uses administrative detention for reasons other than stated urgent "security"
concerns, urging authorities to "use it only if theres a need." 9

6.4

Child Prisoners
As of April 2012, there were 220 Palestinian minors in Israeli prisons.

10

Since September 2000, Israel has arrested and imprisoned more than 7000 Palestinian
children.11
Like all Palestinians from the occupied territories, Palestinian children are subject to Israeli
military tribunals.
Palestinian minors are frequently arrested in the middle of the night by Israeli soldiers,
taken away without their parents and harshly interrogated without a guardian or lawyer
present.
According to a recent report by the Israeli NGO No Legal Frontiers, which followed the cases of
71 Palestinian children as they made their way through the Israeli military court system:
The most common offense was throwing stones and Molotov cocktails. In most cases the
object was not actually thrown, did not hit a target, or cause any damage. In no case was
serious harm caused.
In 94% of cases the children were held in pre-trial detention and not released on bail.
In 100% of cases, the children were convicted of an offense.
87% of them were subjected to some form of physical violence while in custody.12
8 See

The Jerusalem Post: http://www.jpost.com/Opinion/Op-EdContributors/Article.aspx?id=270258

Haaretz: http://www.haaretz.com/blogs/diplomania/israel-should-reduce-use-of-administrative-detentionsfor-palestinians-top-official-says-1.428118
10 See: http://www.dci-palestine.org/content/child-detainees
11 See: http://www.dci-palestine.org/content/child-detention
12 See the report: http://nolegalfrontiers.org/en/reports/77-report-juvenile-court
9 See

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Chapter 6. Prisoners

Under pressure from human rights organizations and childrens rights advocates, the Israeli army
announced in 2011 that it would raise the age that Palestinians are treated as adults from 16 to 18
years of age, however, critics complain that they are still subject to the same unjust and abusive
treatment accorded Palestinian adults.