Since Israel began its illegal occupation of the West Bank and Gaza in 1967, more than 750,000 Palestinians have been detained, representing approximately 20 percent of the current total Palestinian population in the Occupied Territories. Throughout the decades of this persisting conflict , Israel has illegally detained Palestinian men, women and children through an extensive and systematic set of regulations that control every aspect of Palestinian life, which restrict or deny their basic human rights. Moreover, the conditions of the prisons and treatment of prisoners are horrendous, violating numerous international as well as Israeli laws. The Israeli military, which governs the Occupied Territories, constantly changes or issues new military orders, which are often unknown to local populations until implemented. Palestinian prisoners are then subject to Israeli military tribunals, which rarely follow required international standards of fair trial. Thus, Palestinians not only live under an illegal occupation, but also under an unstable and unjust system of law and order.
Why is the prisoner issue important?
The Palestinian prisoner issue has been a major point in peace negotiations between Israel and the Palestinians for decades; it is a key, yet controversial, issue in final status negotiations. Israel has illegally detained thousands of Palestinians from all walks of life, continuously denying them their inalienable and fundamental rights. Palestinians claim there will be no peace in the region until Israel addresses its numerous legal and human rights violations against Palestinian political prisoners and ultimately releases them all. Israel, on the other hand, continues to arrest innocent – mostly politically active – Palestinians. The vast majority of the detainees are political prisoners arrested for political expression or no legitimate security reason. This practice contradicts international covenants that protect freedom of speech for all people, especially political dissidents. The Israeli human rights group B’Tselem commented on Israel’s questionable detention procedures in the name of ‘security’: “ Security is interpreted in an extremely broad manner such that non-violent speech and political activity are considered dangerous … [ t his] is a blatant contradiction of the right to freedom of speech and freedom of opinion guaranteed under international law. If these same standards were applied inside Israel, half of the Likud party would be in administrative detention.”
Administrative detention is the practice of imprisonment without trial or the continuation of imprisonment after the completion of a sentence. According to Israeli law, specifically Military Order Number 1229 (1988) , administrative detention is legal in the Occupied Territories, empowering military commanders to hold an individual in custody for up to six months if there is “reasonable grounds to presume that the security of the area or public security require the detention.” Israel routinely renews these detention orders without limitation; thus, Israel may hold Palestinians without charge or trial indefinitely. Furthermore, the military judges who deal with cases involving administrative detention make their decisions based on confidential material, which is not provided to the detainee or his attorney. Hearings also take place behind closed doors.
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Palestinian Detainees: Guilty until Proven Innocent
Date posted: April 16, 2005
By MIFTAH
For Palestinians, April 18 is not a normal calendar day. On this day the Palestinian people commemorate and celebrate their fellow brothers and sisters, who are being held unjustifiably in Israeli prisons. The issue of prisoners is just one of many hardships that the Palestinian people face. This Israeli occupation that has haunted the Palestinian people for 37 years has used a wide variety of gruesome methods, of which prisoners are just a portion, to make life in the Occupied Territories as miserable as possible. Sadly enough, having a member of your family detained is an experience with which almost every Palestinian family has had to deal with.
To commemorate Prisoners’ Day, Palestinian inmates being held in Israeli prisons have started a two-day hunger strike to protest their imprisonment. Like previous hunger strikes, prisoners consciously use this method to make their voice heard to the world that their imprisonment is neither just, nor the conditions they live under fair. Isa Qaraqia, head of the Palestinian Prisoner Club (PPC), told Al Jazeera of the Palestinian detainees’ announcement to start a two day hunger strike on Saturday to attract attention to their “intolerable life inside the prisons.”
“The strike comes as a message, warning the international community that the situation inside the prisons has become very difficult,” Qaraqia said.
The policy of imprisoning Palestinians on an erratic and add hoc basis is a carefully thought out and concentrated policy perused by the by the State of Israel. Israel has used this method since its forceful inception as a state in the Middle East in 1948. Since the 1967 war, Israel has detained up to 650,000 Palestinians, and since the outbreak of the Palestinian uprising in September 2000, 35,000 Palestinians have been arrested, including a stunning 3,000 Palestinian children.
Today there are about 8,000 Palestinian prisoners being held without a fair trial, of which are 128 female prisoners and 312 child prisoners. However, to speak of simple numbers and statistics is fairly easy; what the world needs to know and, more importantly, what is expected of the international community is not to stand idle or neutral or even call for a resolution to this pressing and humanitarian issue through negotiations. Rather, they should forcefully demand that Israel release and treat these prisoners in accordance to international law.
The problem is not only why these people have become prisoners or how many of them are prisoners, it is rather the miserable conditions and practices detainees suffer. It is very hard, or nearly impossible, to know exactly how the Israeli prison authorities deal with Palestinian inmates. The only way to be informed is either through being an inmate or having a loved one tell the nightmare stories that take place in these facilities. Though there is one thing the international community can be sure of, Israel is the only country in the world which legally permits the use of torture as a form of interrogation. According to the Palestinian Ministry of Detainees, 177 Palestinian detainees died in Israeli prisons, 69 of which died as a result of inhumane torture and 70 which died during the interrogation process since 1967.
For the sensitive issue that it is, whether for the detainees themselves or the Israeli prison authorities, the world witnessed a horrible, sadistic and, frankly, disgusting to the eye precedent in Iraq’s Abu Ghraib detention center.
Hence, MIFTAH, as a Palestinian non-governmental organization serving Palestinian society as a platform for global dialogue and cooperation and guided by the inalienable and basic principles of human rights and democracy, would like to see the unequivocal release of prisoners before the world witnesses another catastrophe similar to that of Abu Ghraib.
Sexual violence as a weapon of genocide
Date posted: October 09, 2024
By MIFTAH
Background
Since the beginning of its illegal occupation in 1967, Israel has detained over 1 million Palestinians, who are tried in Israeli military courts with a conviction rate close to 100%. Israel also detains Palestinians with no charge or trial for an indefinite period under so-called “administrative detention”. This policy of mass arbitrary arrest is one of the tools used to maintain Israel's illegal occupation, apartheid regime and settler-colonial project.
To date, over 10,400 Palestinians have been arbitrarily arrested since October, 2023. The conditions of Palestinian prisoners have significantly deteriorated since the beginning of the Israeli genocide in Gaza, and imprisoned Palestinians are being subjected to torture, starvation, violent cell raids, including with tear gas, deliberate medical negligence, denial of food, water, sanitary pads and sanitation, as well as denial of lawyers and family visits.
Despite the absolute prohibition of torture and ill-treatment under international law, Israeli occupation forces and prison authorities employ various torture and ill-treatment techniques against almost all Palestinian political prisoners and detainees, including women and children, leaving grave physical and psychological damage. Israeli prison authorities, occupation forces and interrogators feel emboldened to commit such acts of torture with full impunity, knowing that neither the complicit Israeli legal system nor the international community will hold them accountable.
While sexual violence against Palestinian women and men has long been a tactic of torture at Israeli military checkpoints, during raids on their own homes and inside prisons, it has rapidly increased since the start of the genocide in Gaza. Palestinian women are often hesitant to share such stories, in fear of the associated social stigma, something which Israel exploits, and also due to the belief that Israel’s crimes will go unpunished.
Access the full factsheet here.
Healthcare Restricted: Female Cancer Patients in Gaza
Date posted: June 07, 2023
By MIFTAH
Background:
The Israeli-imposed siege and the frequent aggressions targeting medical facilities in Gaza have debilitated the health sector and its capacity to provide proper medical services. This is exacerbated in cases of chronic diseases, which gives rise to a need to leave the Gaza Strip to receive medical treatment in the occupied West Bank, including Jerusalem, or elsewhere. However, Israel imposes a strict and discriminatory permit regime, which has a disproportionate impact on medical patients given their conditions, and it is not unusual for these permits to be significantly delayed or ultimately refused by Israel.
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) collected questionnaires from 102 women diagnosed with cancer in the Gaza Strip to assess the quality of the treatment, availability of equipment, accessibility, and referral process.
The full report is accessible here.
Conclusion and recommendations:
The 16-year-long Israeli-imposed blockade and closure on Gaza have had detrimental impacts on the health sector in the besieged Strip. Specifically, the siege has compromised the ability of the healthcare sector to deliver proper medical services due to the absence of crucial medication, equipment, and supplies under flimsy security pretexts. Ultimately, frequent aggressions and targeting of health facilities and the Israeli-imposed siege on Gaza compromise the availability, accessibility, and quality of healthcare services available to Palestinians in Gaza.
MIFTAH urges the international community to:
- Put an end to Israel’s impunity and hold it accountable for its persistent crimes, including the crime against humanity of apartheid, through the adoption of effective and concrete measures;
- Exert pressure to lift the blockade on the Gaza Strip and allow for the free movement of people and goods;
- Ensure the urgent implementation of UNSCR 1325 to provide immediate protection for Palestinian women and to put an end to Israel’s impunity;
- Support the UN Special Rapporteur in the oPt, the International Court of Justice’s advisory opinion, the ICC investigation and the UN Commission of Inquiry.
The summary factsheet is accessible here.
Financial indicators for the Family Protection Bill
Date posted: May 17, 2023
By MIFTAH
The legislation of the family protection bill is aimed at the protection of the family itself as an institution, and to guarantee its preservation. Palestinian legislators are aware of the importance of this bill, which is why all ministries and official institutions committed to developing its relevant programs, policies and plans, each according to their field of expertise. Their goal is to contribute to the promotion of a culture that combats domestic violence and encourages the response of public policies to this objective, through education, health, legislation and the media. Another objective is to track the bill’s impact and periodically assess it in cooperation with other civil societies. This paper focuses on some of the financial indicators pertaining to this bill.
All family members in Palestine are subjected to violence, including children, minors, women and men. However, married women remain the sector most vulnerable to domestic violence according to a 2019 Palestinian Central Bureau of Statistics survey. It said 29.4% of married women had been subjected to at least one type of violence by their husbands as opposed to 13% of men who had been subjected to violence by their wives, by their own confession. A total of 44.7% of individuals who have never been married have been subjected toviolence;7.6% of the elderly and 44.2% of children(12-17yearsold) were the victims of violence at the hands of one of their parents. Although a high percentage of women have been victims of violence from their spouse, a considerable percentage of these women, around 60.3% preferred to stay silent about the assault. Only a small percentage of women asked for help through official avenues; 2.9% went to a defence lawyer to file a lawsuit against their husbands, 1.3% went to the police or a family protection unit and 1.4% went to the centres for mental, social and legal aid.
Financial indicators for the Family Protection Bill
| Article of Bill/Law by Decree | Relevant party | Estimated cost |
| Article(4) specialization of Ministry of Social Development: The Ministry, in cooperation with government and civil society organizations, provide the following services to victims of domestic violence: 1.Protection and fulfilment of needs of the victim; economically and socially empowering her and reintegrating her in society in order to preserve the family fabric, while ensuring not to equate the victim with the perpetrator. 2.Appointing protection counsellors in all directorates and qualifying them to deal with domestic violence cases 3.Providingsocial, psychological and legal experts to provide victim support 4.Ensuringthe provision of social, psychological, health and legal services to domestic violence victims in coordination with relevant parties. 5.Preparing rehabilitation programs for perpetrators of domestic violence crimes 6.Coordination and cooperation with government and civil society organizations to provide the necessary training for the enforcers of this law by decree. Preparing the necessary preventative plans and programs against domestic violence |
Ministry of Social Development | ILS12 million over 3 years on average of ILS4 million year, based on a study prepared by the Ministry of Social Development |
| Article 6: Family and Minors Protection Police: In accordance with the provisions of this bill/law by decree, a family and minor protection police will be established, with branches set up in all districts of the homeland. It’s specializations are the following: 1.Goingtothe place of the domestic violence incident when the informer states that the violence has occurred, is about to occur is ongoing; or in case of violation of a restraining order, even if the informer is not the victim 2.Providingfree 24-hourhotlinestohelp victims |
Palestinian police and Family and Minors Protection Department
Reform and Rehabilitation Centres Department |
ILS7.3 million/year (the study is based on the number of those working in the family and minors protection department and their mean salary)
ILS1.3 million/year (the study is based on the number of those working in reform and rehabilitation enters, which includes special sections for women boarders) |
| Article7: Family Protection Prosecution 1.In accordance with the provision of this bill/law by decree, a prosecution’s office will be established to follow up on domestic violence cases in all districts and will operate under the supervision of the Attorney General in accordance with penal measures in force. 2. This family protection prosecution office will promptly investigate domestic violence incidents while also preserving the privacy and dignity of the victim |
Family Protection Prosecution | ILS1.7 million, based on the number of relevant prosecution agents and their mean salaries |
| Article10: parties qualified to issue restraining orders 1.Restrainingorders will be issued by the following parties of their own accord: a. Family Protection Prosecution b. The presiding judge |
Presiding judges | ILS1.9 million, based on the number of judges and their mean salaries |
| Total expected estimated cost | ILS16.2 million |
The table above shows that the estimated and main additional cost of the Ministry of Social Development to be around ILS4 million a year, considering that the other parties (police, prosecution and courts) are currently carrying out their roles without fully allocating specialized departments for protection from violence. However, if these parties do allot specialized departments for protection from violence, overall costs will reach approximately ILS16.2 million. Nonetheless, even if this cost is incurred, it still only comprises a small part of public expenditures, approximately 0.1%. Overall public expenditures for 2022 amount to approximately ILS16.2 billion, which means the cost of passing this bill and implementing its provisions will not constitute financial burden on the general budget and will not be an obstacle to ratifying the law by decree.
Furthermore, it should be noted that while it is imperative to calculate some of the costs resulting from violence against women, the reaerate the high costs as well. The secret social costs, which impact society as a whole. Data from the Ministry of Social Development showed (see graph), that violence exercised against women has prompted around 60% of them to flee their homes. Also, 18% of them attempted suicide in addition to suffering from mental and physical illnesses, unwanted pregnancies or others. Calculating expenses incurred from violence is not an easy process and there are no national data or figures that can measure the impact violence has on the state’s general budget due to the prevalent mentality towards violence as an issue associated only with women. This is especially true when the conversation is about the indirect and intangible effects of violence, including:
Violations of human rights; negative social, economic and political impacts; working women who get sick and need to take sick leave; lack of focus and productivity; impact of violence on children and academic failure; the rise in the percentage of school dropouts among children; the rise in long-term unemployment rates; the percentage of homeless children who become a burden on society; government expenditures for medical treatment; safehouses; therapy; monitoring cases of violence against women; individual expenses for following up on legal cases and lawyer fees; loss of income because of repeated absence from work or inefficacy; social expenses resulting from the breakup of the family; expenses of training individuals on how to deal with cases of violence; expenses for issuing laws and legislation on the protection of women from violence.
Confirmation of the above is that the UN believes the economic, social and health costs of violence against women are, to a large extent, undocumented and unrecognized. However, these remain colossal, according to researchers, specialists and defenders of women’s rights.
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