Follow-up of case ISR 260712_Severe ill-treatment against two Palestinian hunger strikers

Follow-upof case ISR 260712

Ill-treatment/ Administrative detention/Hunger strike/ Serious health concerns

The International Secretariat of the World Organisation Against Torture(OMCT) hasreceived new information and requestsyour URGENT intervention in the following situation in Israel and theOccupied Palestinian Territory.

New information

The InternationalSecretariat of OMCT has been informed by Addameerand Al Haq, two members of OMCT SOS-Torture Network, that Mr. Samer Al-Barq and Mr. Hassan Safadi, two administrativedetainees on hunger strike, were severely ill-treated by the Israeli PrisonService (IPS), in the forms of physical brutality and psychological torture.

According to theinformation received, on 13 August 2012 at about 9:00 am, IPS guards enteredthe isolation room that Mr. Hassan Safadi shares with Mr. Samer Al-Barq inRamleh prison medical clinic and announced their intentions to move the twohunger strikers to a room with other prisoners in the medical clinic who arenot on hunger strike. Mr. Safadi and Mr. Al-Barq refused the transfer, as theyconsidered it an attempt to further pressure them to break their hunger strikesby surrounding them with individuals who would be regularly eating in front ofthem.

According to thesame information, after refusing to be moved, the IPS guards attacked both Mr. HassanSafadi and Mr. Samer Al-Barq. Mr. Safadi’s head was allegedly slammed againstthe iron door of the cell two times, causing him to fall to the ground, unconscious.The guards then reportedly dragged him through the hall to be seen by all theother prisoners. Later that night, at about 10:00 pm, Mr. Safadi and Mr.Al-Barq were taken to a new isolation room with no mattresses. As a result, Mr.Safadi, who is currently on his 57th day of hunger strike,subsequently announced that he would no longer be drinking water.

Mr. Safadi and Mr.Al-Barq, who is currently on his 87th day of hunger, remain onhunger strike in protest against their administrative detention orders beingrenewed following the conclusion of Palestinian prisoners’ mass hunger strikein May. Mr. Safadi had been explicitly included in the agreement ending thehunger strike and had been guaranteed his release following the expiration ofhis order at the time. A final decision regarding Mr. Safadi’s extension (whichwas planned to take place on 6 August 2012) has been consistently postponed byan Israeli military judge and has not been reached to date.

According to thesame information, Mr. Ayman Sharawnaalso remains on hunger strike. He is currently on his 47th day. OMCThas been informed that a fourth Palestinian detainee, Mr. Samer Al-Issawi, is on his 16th day of hunger strike.Both detainees were former prisoners who were released in last October’sprisoner exchange deal and subsequently re-arrested. They are being held basedon secret information and view their hunger strikes as their only tool toprotest against their re-arrest.

OMCTexpresses its deep concern about the situation of the four aforementioned hunger strikers and urges the competent authorities to take immediatemeasures in order to ensure that they receive a proper medical treatment in anadquate medical facility, and that they are treated humanly under allcircumstances. OMCT is gravely concerned that detainees carrying out a hungerstrike are getting punished, including by using physical brutality,psychological torture and poor conditions of detention.

OMCT is also concerned thatthe procedure under which their administrative detention has been ordered doesnot meet international human rights standards,including their right not to be arbitrarily detained as well as their absoluteright at all times not to be subjected to any cruel, inhuman or degradingtreatment.

Background information

OMCT had earlierbeen informed by Addameer and Al Haq about the administrativedetention of Mr. Samer Al-Barq,Mr. Hassan Safadi and Mr. Ayman Sharawna, as well as their serioushealth condition caused by their hunger strike in protest of their detention.OMCT was also concerned about the health condition of Mr. Akram Rikhawi who endedhis hunger strike after 102 days[1].

Israel has beenholding hundreds of persons from the Occupied Palestinian Territory (OPT) in administrative detention. In the occupied Palestinian West Bank, the Israeli armycarries out administrative detention on the basis of Military Order 1651, whichempowers military commanders to detain an individual for up to six months ifthey have “reasonable grounds to presume that the security of the area orpublic security require the detention.” On or just before the expiry date, thedetention order is also frequently renewed and this process can be continuedindefinitely.

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

TheUnited Nations Committee Against Torture has expressed its concernthat administrative detention does not conform with article 16 of theConvention[2].This type of indefinite administrative detention, following manifestly unfairproceedings, can amount to cruel, inhuman or degrading treatment.

Action requested

Please write to theauthorities in Israel urging them to:

i. Guarantee, in all circumstances, the physical andpsychological integrity of Mr. Samer Al-Barq, Mr. Hassan Safadi, Mr. AymanSharawna and Mr. Samer Al-Issawi;

ii. Guarantee their unconditional access to independentphysicians;

iii. Order their immediate transfer to a public hospitalwith adequate care that does not include being shackled while in the hospital;

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

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

vi. Carry out a prompt, effective, thorough,independent and impartial investigation into the aforementioned facts, notablythe aforementioned allegations of ill-treatment, the result of which must bemade public, in order to bring those responsible before a competent,independent and impartial tribunal and apply penal, civil and/or administrativesanctions as provided by law;

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

viii. At all times ensure strict respect for internationalhuman rights and humanitarian law in the exercise of its jurisdiction,including in connection with military operations in the Occupied PalestinianTerritory.

Addresses

Ø Mr. BenjaminNetanyahu, Prime Minister, Office of the Prime Minister, 3, Kaplan Street, PO Box187, Kiryat Ben-Gurion, Jerusalem, Israel, Fax:+972- 2-651 2631, Email: pm_eng@pmo.gov.il

Ø Brigadier General Danny Efroni, Military JudgeAdvocate General, 6 David Elazar Street, Hakirya, Tel Aviv, Israel, Fax: +972 3 608 0366, +972 3 5694526, Email: arbel@mail.idf.il, avimn@idf.gov.il

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

Ø M. Ehud Barak,Deputy Prime Minister and Minister of Defense, 37 Kaplan Street, Hakirya, TelAviv 61909, Fax. + 9723 691 6940 / 696 2757

Ø Permanent Missionof 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 writeto the embassies of Israel in your respective country.

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Geneva, 16August 2012.

Kindly inform us ofany action undertaken quoting the code of this appeal inyour reply.

[1] See OMCT urgentappeal ISR 260712.

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