November 6, 1995
Press Release No (1): The Israeli Authorities continue banning the Families of the Palestinian Detainees in Israeli Prisons from visiting them
Press Release No (1):  The Israeli Authorities continue banning the Families of the Palestinian Detainees in Israeli Prisons from visiting them

For immediate Release

6/11/1995

In spite of peace atmosphere that is prevailing in the region and what has been conducted in confidence building measures between the Palestinians and the Israelis, The conditions of the Palestinian detainees has been systematically and unprecedently deteriorated since two years by the Israeli Prisons Administration. Violating continuously the internationally accepted human rights standards, specifically the Standard Minimum Rules for the Treatment of Prisoners that are legally binding on the Israeli Government.

Since the implementation of Cairo Agreement and the transfer of the authority in Gaza and Jerico to the Palestinian National Authority, the Israeli Authorities has transferred the Palestinian detainees from the prisons in those areas to its prisons inside Israel. This transfer is illegal and a violation of Article 49 of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Times of War, which prevents the Occupying Power from transferring individuals including the detainees from the Occupied Territories to the Territory of the Occupying Power.

Moreover, since the beginning of this year, severe restrictions and deprivations of basic rights has been imposed and sharply escalated. The continuation of the status quo will result in dangerous and unexpected consequences. The maltreatment of the Israeli Prisons Administration included inter alia : banning Palestinian detainees in the prisons different sections to meet and gather, deterioration of health situation including lack of medical care and adequate detaining health conditions and bad quantity and quality of food that the detainee is provided with.

The gravest violation that the detainee faces, which is an outstanding Israeli policy, is the deprivation of their families from their right in visiting them. Although, the Israeli Law and even the notorious military orders issued by the Israeli occupying forces has both affirmed the right of the detainees’ families to visit their sons, the Israeli authorities has imposed a very complicated system to arrange their visits, after being transferred to prisons inside Israel. This system includes :

(1) The International Committee of the Red Cross will be responsible for organizing such visits.

(2) The families’ visits will take place in groups.

(3) Those visits will take place after the obtaining of special permits that are issued by the Occupying Authority, which gives itself the right not to give any person such permit without any explanation or even the possibility to appeal that decision, therefore it violates his right to visit the detainee.

Moreover, the Israeli Authorities repeatedly impose military siege on the Gaza Strip and close it completely. This collective measure results in preventing all Gazans to leave Gaza and consequently preventing the families from visiting their sons in the prisons which could last for months. This deprivation by the Israeli Authorities is a grave violation of human rights, specifically the 1955 UN Minimum Standard Rules for the Treatment of Prisoners, which gives the prisoner the right to communicate and be visited by his family.

Based on The Palestinian Centre for Human Rights’ documentation, since 22nd January 1995, Nafha and Ansar 3 (Kitziot) Prisons had only been visited one time on September 1995, Askalan (Ashkelon) Prison two times in June and September, while, Alsaba’ (Beer Sheva) prison has not been visited since that time. It is not hard to imagine that a child who has been prevented to visit his father for a consequent seven months, would not recognize his father’s face or features. The deprivation of thousands of wives, son and parents from visiting their husbands, fathers and sons in the Israeli prisons since that time cannot be justified.

The Israeli government policy towards the Palestinian detainees is a violation of their human rights. Both the international human rights law and humanitarian law affirm the right of a detainee in an adequate health care and conditions, the right to food of nutritional value and of wholesome quality, the right to freely practice religious, physical and mental activities, the right to communicate with outside world and the right to be visited by their families. Although those are minimum standards and rights for detainees that the state is obliged under international law to implement,. the Israeli authorities is continuing to violate them.

Reaffirming the unconditional and immediate release of the Palestinian detainees in the Israeli prisons in the light of peace accords that has been signed between the Israeli government and the PLO .The Palestinian Centre for Human Rights is demanding the international community, sponsor countries of the peace accords, and human rights organization especially, (ICRC) and the Israeli organizations to raise their voice loudly for :

Firstly ; forcing the Israeli Government to fulfill its duties and legal obligations under international human rights treaties, inter alia, allowing the Palestinian detainees’ families to visit their sons in the Israeli prisons.

Secondly ; improving the detaining conditions in the Israeli prisons and detention centres and stopping the unjustified and inhumane attack against the Palestinian prisoners by the Israeli Prisons Administration.

Thirdly ; the ICRC is required to break the ice of silence regarding the Israeli deprivation of Palestinian detainees families from visiting them. If the ICRC is unable, through consequent seven months, to ensure the detainees visits, then what is the value and justification of ICRC presence and work in the Occupied Territories. The visits of detainees by their families, through the past 27 years of occupation, were practiced customarily, while and instead of improving its conditions, it is not practiced any more. The continuation of the ICRC’s silence regarding this issue raise numerous questions which should force the ICRC to resort to publicity and contacting the High Contracting Parties to the Fourth Geneva Convention to fulfill its obligations in ensuring protection to the Palestinian detainees.

 

For more information : contact the Palestinian Centre for Human Rights

Tel/fax : 07-824776