photos by: Mostafa Alkharouf - https://www.instagram.com/moskharouf/
The undersigned human rights institutions consider with great seriousness the testimonies of the lawyers of the re-arrested prisoners who succeeded in liberating themselves from the Israeli “Gilboa” prison. They are: (Mahmoud and Muhammad Al-Ardah, Zakaria Al-Zubaidi, YacobQadri, Ayham Kammaji, Munadil Infaat ). According to the testimony of lawyers, the Israeli occupation forces assaulted them harshly from the moment of arrest, causing multiple bodily injuries, which necessitated hospitalizing some of them due to the difficult condition as a result of the use of unjustified violence and crimes of torture against them. They are also deprived of sleep, and interrogated after being completely stripped, according to the information provided so far, some of them have been threatened with death by interrogators, and their relatives have been arbitrarily arrested for the purposes of revenge.
There are also the practices aimed at breaking their resolve and will, and in clear violation of the provisions of international humanitarian law and international human rights law and their established principles related to persons deprived of liberty and the right not to be subjected to any forms of torture, humiliating, cruelty, and ill-treatment, in particular Article (5) of the Universal Declaration of Human Rights Articles (7, 9, 40) of the International Covenant on Civil and Political Rights, Articles (12-32) of the Third Geneva Convention of 1949, and Articles (90-98) of the Fourth Geneva Convention of 1949, and the Convention against All Forms of Torture and Other Forms of Cruel Treatment, or Degrading Treatment, and General Assembly Resolution No. (30/D/3452) of 1975 guaranteeing the protection of all persons from being subjected to torture and other cruel, inhuman or degrading treatment or punishment.
The human rights organizations stress that the colonial occupation and the racist apartheid regime in itself is a crime, and escaping from its prisons is motivated by the desire for liberation and emancipation and out of national dignity as well as a moral duty, heroism and honor that are protected by international conventions and covenants, whether the Brussels Declaration of 1874 or the Hague Convention of 1907 or my both Third and Fourth Geneva conventions, which has followed the example of many democratic countries, in addition to criminalizing torture against all persons and at all times expressly prohibiting torture of prisoners/detainees who take their freedom from prisons in particular, and suffice with the punishment for escape that causes damage to property and lives, which would be more stressed as the existence of the entire occupation and its prisons is an ongoing crime.
It should be recalled that the continued detention itself contradicts the essence and explicitness of Article (118) of the Third Geneva Convention on the Release of Prisoners of War, which necessitated their release without delay, which places a special responsibility on the Palestinian parties that signed The Oslo Accords but failed to compel Israel, the occupying power, to carry out its minimum duties, as the occupying country picked up this omission and historical mistake by ignoring the issue of prisoners in the settlement negotiations, by turning the prisoners’ file into a pressure card and political blackmail, and transforming their immediate release from a legal duty to an international mandate imposed on the occupying power to release them according to their desire under the name of “goodwill gestures”, the harm of which is magnified by accepting the geographical, temporal, and partisan division of prisoners on the basis of character and “harm”, and accepting their division into prisoners of the West Bank, prisoners of the Gaza Strip, and prisoners of Jerusalem, prisoners of 1948, the Arab prisoners, the prisoners classified as “blood on their hands” and other miserable classifications.
While human rights institutions condemn in the strongest and most severe terms the complete disregard for all these treaties, agreements, and charters, by continuing “Israel”, the occupying power, to follow systematic procedures and long-term policies at the executive, legislative, and judicial levels that lead to a systematic violation of the rights of detainees and prisoners in Israeli prisons within a colonial vision, which extended, in part, to their right to physical integrity and freedom from torture, and their right to guarantees of justice and health care. Human rights organizations stress that the suffering of detainees and prisoners has prompted them to use their empty stomachs to engage in open hunger strikes in protest against the widespread repression practiced against them, of which the Israeli Prison Service is an active part.
Attention must be drawn to the care of the law, as "Israel", the occupying power, is the only country, along with the United States, that has officially legalized torture. In 1987, the Knesset approved the recommendations of the Landau Committee, and the recommendations of the Israeli officers and interrogators authorized the use of torture under the name of “physical pressure/enhanced interrogation,” while the Israeli Supreme Court issued Resolution No. (94/5100) in 1999, which confirmed the use special means of “physical pressure” in the event of an imminent security threat, to return in 2018 and expand this to include cases that do not constitute an imminent security threat, in a very clear confirmation of the integration of the pillars of the colonial system, including the legislative and judicial authorities.
While detainees and prisoners are subject to multiple and systematic methods of torture resulting from a policy of structural, legislative, practice and cultural violence against them, including ghosting, severe beatings, electric shocks, opening cold or very hot water with fluctuating air currents, sleep deprivation, suffocation, and waterboarding, burning of skin, shaking, that interrogators hold and shake the detainee regularly, vigorously, and very quickly until the detainee faints as a result of concussion, sleep deprivation, crucifixion of the detainee upside down, psychological torture using threats, solitary confinement, denial of visitation, and other brutal torture practices and that a number of prisoners and detainees did not survive to tell what happened, and those who survived were left with psychological trauma, physical pain, and permanent disabilities,
The human rights organizations stress that the Israeli colonial self’s view is degenerate, lofty, and above the law, and the policy of impunity, is an essential part of the continuation of these practices without regard, which requires confronting it firmly and sternly by bringing the criminals to justice and redressing the victims, and makes the international official silence a direct partner.
Based on the foregoing, the Palestinian and Arab human rights organizations, undersigned below, recommend urgently the following:
- The formation of an independent, impartial and honest international investigation committee of well-known competencies, to examine the circumstances of the arrest of the re-arrested prisoners in preparation for holding the perpetrators of violations accountable.
- Calling upon peoples in Arab countries, and Arab communities abroad to form a state of pressure and effective advocacy for prisoners and detainees in occupation prisons, by mobilizing in various fields and raising their cause through social media platforms, in support of them.
- Demanding the High Contracting Parties to the Geneva Conventions to fulfill their roles under the first common article in ensuring respect of the conventions, and transforming the legal duty under the conventions into actual conduct and practice, through maximum pressure on the occupying power for the purposes of accountability and deterrence.
- The necessity for the International Criminal Court, which has jurisdiction in the occupied Palestinian territory, to prosecute the perpetrators of the crime of torture and to expand the scope of responsibility for it to include anyone who contributes in any way to it and to benefit from the sworn testimony of Palestinian human rights institutions.
- Urging the Arab League and its various branches to play their role in supporting the prisoners and detainees, and activating their issues at the international level.
- The necessity of the UN special rapporteurs, headed by the UN Special Rapporteur on the situation of human rights in the occupied Palestinian territory, and the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, to play their active roles in highlighting the crimes of systematic torture that are practiced against Palestinian prisoners and detainees, and raising the issue on the widest scale in the corridors of the United Nations.
- The importance of following up on the conditions of prisoners and detainees and their families in all fields, and providing support and care for them from official and civil authorities, especially at the psychological, health, social, and legal levels.
- Promoting, supporting and activating the role of the Prisoners and Ex-Prisoners Affairs Commission, so that it plays a greater role in caring for the prisoners and detainees and responding to their needs, as it is the official Palestinian framework responsible for this, in addition to the role of the Palestinian Regular Bar Association and the Arab Lawyers Union in bringing Israeli war criminals to justice and the role of the Palestinian Journalists Syndicate in exposing the practices of occupation.
- Enhancing the Palestinian diplomacy to shed light on the issue of Palestinian prisoners in Israeli prisons in international forums, and work to mobilize international support and advocacy in the direction of preserving their human rights and stopping the systematic crimes of torture practiced against them.
- Calling on Palestinian, Arab, and international civil society organizations to play their roles in the field of monitoring and documentation and to carry out pressure and solidarity advocacy efforts, and to benefit from the membership of the coalitions in which they participate, with regard to the crimes of torture that prisoners and detainees are subjected to and pressure towards their release.
- Demanding the Human Rights Council at the United Nations to adopt the proposals of the Palestinian delegate in Geneva and to form a commission of inquiry into the violations against Palestinian prisoners in Israeli occupation prisons
- Demanding the International Committee of the Red Cross to assume its legal and humanitarian tasks and responsibilities and to play its role effectively in communicating with prisoners and detainees, supervising and controlling their conditions in prisons, and informing their families of their conditions.
- The traditional and modern Arab media shed light on the issue of prisoners and detainees on a permanent basis, in the context of mobilizing public opinion to rally around their issues.
The signatories:
- Coordination for Maghreb Human Rights Organizations (include 26 HR organizations from Morocco, Mauretania, Algeria, Tunisia and Libya)
- The Moroccan Coalition for Human Rights Bodies (includes 20 Moroccan human rights organizations)
- Libyan Solidarity Union
- General Union of Palestinian Jurists
- Jordanian Women's Union(JWU)
- The Jordan Federation of the independent Trade Unions
- The National Union of Tunisian Women
- The National Union of Palestinian NGOs (includes 320 institutions)
- The Federation of Women Action Committee
- Union des comités de femmes palestiniennes
- Tunisian Coalition Against the Death Penalty
- The Human Rights Coalition to Stop the Aggression, Lift the Siege, and Build Peace in Yemen (includes 10 organizations from ten Arab countries)
- The Academic Assembly for the support of Palestine-Lebanon
- Cultural Rally for Democracy / Iraq
- Women’s Cultural Assembly for Democracy / Iraq
- NGOs Platform (Tajamoh)/Lebanon
- The Lebanese Women Democratic Gathering-RDFL
- Jordan Coalition Against the Death Penalty
- Syrian Coalition Against the Death Penalty (SCODP)
- Iraqi Coalition Against the Death Penalt
- The Iraqi Alliance for Human Rights Organizations (includes 55 organizations)
- The Arab Coalition against the Death Penalty
- Syrian Feminist Alliance to activate Security Council Resolution 1325
- Yemeni Coalition Against the Death Penalty
- Ibn Rushd Association for Development and Democracy / Iraq
- Association féministe Irtiqa/ Tunisie
- Association des amis de la vie pour le contrôle des drogues/Palestine
- Friends of the Disabled Association-Lebanon
- Association ACT pour les études et le règlement alternatif des différends / Palestine
- The Jordan Society for Human Rights
- Cultural Academics Association/ Palestine
- Al-Amal Charitable Society for the Deaf/ Palestine
- Jordanian Association for Political Science
- Rescue Association for Development/ Palestine
- Bahrain Human Rights Society
- Civil Solidarity Association / Tunis
- Community Development Association for Thought and Culture / Palestine
- Association for Development and Strategic Studies in Medina / Tunisia /
- Association Tunisienne de l’Action Culturelle
- Tunisian Association of Democratic Women
- Tunisian Association for Support Minority . (TASM)
- Jordanian Jurists Association / Jordan
- Old Hebron Association for Relief and Development / Palestine
- Working Women Association / Jordan
- Association of the International Cultural Network for Palestine
- Bahraini Transparency Society
- Arab Association for Academic Freedoms
- Society for the care of the environment and society / Palestine
- Palestinian Society for Chronic Diseases and Child Care/ Palestine
- Palestinian Association for Drug Control
- Libyan Society for Human Rights and Scientific Research/ Libya
- Palestinian Working Woman Society for Development PWWSD”
- Association of the Cultural Center for Child Development/ Palestine
- The Egyptian Constitutional and Legal Association for Human Rights/ Egypt
- The Moroccan Association for Human Rights
- The Moroccan Association for Women Progressive
- Mobile Library Association for Nonviolence and Peace / Palestine
- Association of the Economic and Social Forum for Women / Jordan
- The association Citizenship, Development, Cultures & Migrations Des Deux Rives (C.D.C.M.I.R.)
- The Mauritanian Association for the Promotion of Rights
- ALMizan Association for Development and Human Rights/Iraq
- Social Relief Society for Women Development / Palestine
- Association of tunisian women for search and development
- Arab Women Organization-Jordan
- The National Association for the Defense of Rights and Freedoms/Egypt
- Family and Child Hope Association/ Tunisia
- Omy Association for Rights and Development/Egypt
- Ana Insan Association for the Rights of the Disabled/ Jordan
- Association of Parents and Friends of the Handicapped / Tunisia
- Seeds Association for Development and Culture/ Palestine
- Rural Women Development Association/ Palestine
- Jothor Society for Human Rights-Jordan
- Association Bridges Citizenship / Tunisia
- Jose Marti Association for Arab-Latin American Solidarity
- Diyar Al-Ezz Association for Rights and Freedoms / Jordan
- Rachel Corrie Association for Solidarity Among Peoples
- Rasid Association for Human Rights/ Lebanon
- Roaa Women Association-Jordan
- Shamoua Association for the Protection of Human Rights/ Egypt
- Egypt Workers Association for Development and Human Rights/ Egypt
- Association of the Jordanian Women's Solidarity Institute
- Women Development Forum Association / Egypt
- Amman Society Forum for Human Rights
- Women Association of Modern Tunisia / Tunisia
- Association Nachaz-Dissonances Tunisia
- The International campaign against the Israeli occupation and annexation
- Tunisian League for Tolerance
- The Tunisian League for the Defense of Human Rights
- The Algerian League for Defense Human Rights
- The Lebanese Democratic Jurists League
- Arab League for Arts and Creativity/ Tunisia
- Association of Free Tunisian Writers
- Syrian Women Association / Syria/
- Association of Women Heads of Families/Mauritania
- Iraqi League for Human Rights Trainers
- Rashid For Integrity and Transparency/ Jordan
- Freedom Pioneers for Integrity and Human Rights Training / Jordan
- The Jordanian Network for Human Rights (includes 10 human rights organizations)
- The Jordanian Network for Election Integrity
- Election Network in the Arab Region
- The Women’s Defense Network in Syria (includes 57 Syrian women’s organizations)
- Independent Journalists Network/Sudan
- The Arab Human Rights Trainers Network
- Arab Women’s Legal Network
- Volunteer Network for Development and Human Rights / Egypt
- Women's Network for Women Support/ Jordan
- Women’s Peace and Security Network (Yemen)
- The Syrian National Network for Civil Peace and Community Safety.
- Arab Federation for Democracy
- Islamic Team for Peace / Iraq
- The Syrian Federation of Human Rights Organizations and Bodies
- Arab Commission for Human Rights
- The Kurdish Committee for Human Rights in Syria (Al Rased).
- Follow-up Committee to Support the Issue of Lebanese Detainees in Israeli Prisons/Lebanon
- The Vigilance Committee for Democracy in Tunisia / Belgium
- The Committee for the Respect of Freedoms and Human Rights in Tunisia
- Palestinian Initiative to Deepen Global Dialogue and Democracy-MIFTAH
- Yemeni Council for Rights and Freedoms / Yemen
- Lebanese Council of Women (includes 150 organization)
- Law Group for Human Rights / Mizan (Jordan)
- Lawyers for Justice /Yemen
- International Observatory for Documentation of Human Rights Violations/ Argentina
- Arab World Observatory for Democracy and Elections
- Human Rights & Democracy Media Center “SHAMS"/Palestine
- Psycho Social Counseling Center For Women/Palestine
- Arab Women Media Center / Jordan
- Khiam Rehabilitation Center for Victims of Torture-Lebanon
- Center for Applied Educational Studies - Jerusalem / Palestine
- Women's Studies Center/ Palestine
- Center for the Defense of Freedoms and Civil Rights "Hurriyat" / Palestine
- International Center for the Promotion of Rights and Freedoms - Swiss Association
- The Democratic Center for Studies and Development/ Palestine
- Center for Democracy and Community Development - Jerusalem / Palestine
- Palestinian Center for the Independence of the Legal Profession and the Judiciary "Musawa"
- Palestinian Centre for Peace and Democracy PCPD
- The Palestinian Center for Democratic Dialogue and Political Development
- Palestinian Center for Democracy and Conflict Resolution/Palestine
- Phenix Center for Economics & Informatics Studies/Jordan
- Women's Center for Legal Aid and Counselling/Palestine
- Excellence Consulting Center for Development / Bahrain
- Tunis Centre for Press Freedom
- Jothor Center for Human Rights
- Center for the Protection and Freedom of Journalists/ Jordan
- Center for Gender Studies - Gender / Sudan
- Damascus Center for Theoretical and Civil Studies
- Amman Center for Human Rights Studies (ACHRS)
- Word Center for Human rights Studies/Egypt
- Metro Center for Defending the Rights of Journalists/ Iraq
- Applied Research Institute – Jerusalem (ARIJ)
- The Egyptian Democratic Institute for Awareness of Constitutional and Legal Rights / Egypt
- Women's Leadership Institute / Iraq
- Humanitarian Forum for Women's Rights/ Jordan
- The Syrian Platform for Non-Governmental Organizations (SPNGO)
- African Election Observation Forum/Morocco
- Bahrain Forum for Human Rights
- Renewal Forum for Citizen and Progressive Thought/ Tunisia
- Sisters Arab Forum for Human Rights (Yemen)
- Sudanese National Civil Forum(includes 54 civil society organizations) / Sudan
- Tunisian Forum for Youth Empowerment
- Libyan Academic Organization
- The Tunisian Organization against Torture
- Gender Studies and Information Organization / Iraq
- Organization for the Defense of Human Rights in Iraq
- Organization for the Defense of Prisoners of Conscience in Syria - Rawanga
- International Organization for Human Rights and International Law / Norway
- The Arab Organization for Human Rights in Syria
- The Kurdish Organization for Human Rights in Syria (DAD)
- Egyptian Organization for Human Rights
- Moroccan Organization for Human Rights
- Mauritanian Organization for Rights and Freedoms / Mauritania
- Al Mouel Organization for Rights and Development / Yemen
- National Organization of Amazonas / Libya
- National Organization for Human Rights in Syria
- Yemeni Organization for Humanitarian Action / Yemen
- Amal Al Jamaher Organization for Human Development/ Iraq
- The Right of Return Organization 194/ Palestine
- Human Rights Organization in Syria- Maf
- Hammurabi Organization for Monitoring Democracy and Human Rights / Iraq
- Sawah Organization for Human Rights -Iraq
- Desert Youth Organization for Development and Human Rights / Libya
- The Organization of the Martyr of Freedom Nabeel Barkati: Memory and Fidelity
- Yemeni Organization for Defense Rights and Democratic Freedoms/Yemen
- The Middle East Foundation for Development and Human Rights (Yemen)
- Martyr Abu Jihad Al-Wazir Foundation for Persons with Disabilities/ Palestine
- Addameer Foundation for Human Rights/ Palestine
- ADDAMEER-Prisoner support and human rights association/Palestine
- Justice and Citizenship Foundation for Human Rights/ Egypt
- The Arab Foundation to support Civil Society and Human Rights/Egypt
- The Egyptian Foundation for the Advancement of Children's Rights
- Future Partners Foundation for Development and Human Rights - Yemen
- Shabad Foundation for Women Empowerment and Sustainable Development / Iraq
- Amel Association International
- Justice Foundation for Human Rights / Yemen
- Mada Foundation for Human Rights / Iraq
- Dialogue Forum Foundation for Development and Human Rights / Egyp
- National Syndicate of Tunisian Journalists
- The National Commission for the Independence of the Judiciary and the Rule of Law / Palestine
- The International Commission for Supporting the Rights of the Palestinian People
- The Palestinian Authority for PhD holders in the civil service