ADDAMEER Fact Sheet Palestinians detained by Israel PALESTINIAN

ADDAMEER Fact Sheet Palestinians detained by Israel PALESTINIAN ACTIVISTS DETAINED BY ISRAEL

DEFINITIONS n Palestinian activists against the Wall and settlements: q Members of the Palestinian popular resistance committees q Actively take part in demonstrations and other forms of advocacy against the Wall and settlements q ‘Human Rights Defenders’; subject to the UN Declaration on Human Rights Defenders and the EU Guidelines

Since the beginning of the Israeli occupation of Palestinian territories in 1967, over 700, 000 Palestinians have been detained by Israel. This forms approximately 20% of the total Palestinian population in the Occupied Palestinian Territories (OPT)

40% The number of Palestinians detained forms approximately 40% of the total male Palestinian population in the OPT.

As of November 2011 4, 937 Palestinian political prisoners are being held in Israeli prisons. On 18 October, 477 prisoners were released as part of an exchange which also saw the release that same day of Israeli soldier Gilad Shalit, who was captured by militant groups in Gaza in 2006. Out of this number, 205 were transferred to the Gaza Strip or abroad. Another 550 Palestinian prisoners are due to be released as part of the deal by mid-December.

150 of the political prisoners are aged 18 and under 10 of the political prisoners are Palestinian female political prisoners 278 of the political prisoners are administrative detainees

Arrest of Activists At least 278 arrested this year n Approximately 57 of these were under 18 n At least 13 of these as young as 14 n The highest rate of arrests of activists this year has been in Silwan in Jerusalem, Beit Ummar near Hebron and Nabi Saleh near Ramallah

The arrest and detention of Palestinians living within the OPT is governed by a wide-ranging set of military regulations that govern every aspect of Palestinian civilian life. There approximately 1, 650 military regulations governing the West Bank. Up until Israel’s withdrawal from Gaza, there were over 1, 500 governing the Strip.

Military Order 101: ‘Prohibition of Acts of Incitement and Hostile Propaganda’ n n n Issued August 1967 Criminalises many civic activities, including organising protests, waving flags/political symbols, printing/distribution of political material Any acts aimed at influencing public opinion prohibited as ‘political incitement’ and carry a maximum penalty of 10 years imprisonment

The Process of Arrest can happen anywhere and everywhere • At home • On streets or roads • At Israeli checkpoints • At border crossings

Legal System Governing Detention Under Israeli military regulations 1. The army is not obliged to inform the detainee's family of their arrest or the location of their detention. 2. A Palestinian can be detained for up to 8 days without the Israeli military informing the detainee of the reason for his/her arrest and without being brought before a judge.

After or within the initial 8 -day period The Palestinian detainee is: • sent to an interrogation centre • placed in administrative detention • held in custody awaiting a charge sheet and trial • or released.

Prisons And Detention Camps There a total of: Israeli prisons and military detention camps are primarily located within the 1948 borders of Israel. 4 • 4 Interrogation centers. 3 • 3 Detention centers. 19 • About 19 prisons held.

Israeli Military courts • Palestinians are tried within Israeli m i l i t a r y c o u r t s located within Israeli military bases in the OPT. • These military tribunals are presided over by judges appointed by the military. Most of the judges do not have long term judicial training. • These tribunals rarely fall within the required international standards of fair trial.

Description of offences Military courts serve indictments based on a broad range of offenses divided into five separate categories: • • • “Hostile Terrorist Activity” Disturbance of public order “Classic” criminal offenses Illegal presence in Israel; and, Traffic offenses committed in the OPT Examples

Charges against Human Rights Defenders n Ø Ø Ø Adeeb Abu Rahma, arrested July 2009: Charged with incitement, activity against public order, presence in a closed military zone Sentenced to one year in prison; later extended to 18 months on appeal by Prosecution Released December 2010

Charges against Human Rights Defenders n Ø Ø Ø Abdallah Abu Rahma, arrested Dec 2009: Charged with incitement, throwing stones, possession of arms and organising and participating in demonstrations without a permit Acquitted of stone-throwing and arms possession charges, but convicted on other charges and sentenced to 12 months imprisonment, later extended to 16 months on appeal by military prosecution Released March 2011, with six months suspended sentence for three years

Discriminatory Laws There are several stark discrepancies between Israeli law pertaining to Palestinians and Israelis in the West Bank. Palestinian • held in custody for 8 days before being brought before a judge. • held without charge, by order of a military judge, for an initial period of up to 90, which can be extended to an additional 90 days by a judge of the Military Appeal Court • lawyer visits can be prohibited for up to 90 days Israeli • held in custody for a maximum of 24 hours before being brought before a judge. • held without charge for an initial period of 30 days by judicial order, which can be extended for another 15 days and an additional 15 days by the Attorney General. • an Israeli accused of a ‘criminal offense’ in the West Bank may be prevented from meeting a lawyer for a maximum of 48 hours.

Israeli activists: Usually released within a few hours of arrest n At most will pay a fine or bail charge n May be prohibited from entering the West Bank for one month n Maximum penalty for offense of incitement: 5 years imprisonment n

Administrative Detention Administrative detention, arrest without charge or trial Administrative detention is based on secret information brought forward during military tribunals, to which neither the detainee nor his/her lawyer have access to. Administrative detention is indefinitely renewable under military regulations. A detainee may be given an administrative detention order for a period of between 1 – 6 months, after which the order may be renewed again.

Detention conditions Prison conditions in Israeli prisons are harsh. • In most Israeli prisons, there is overcrowding, a lack of very basic amenities, poor hygiene, humidity and a significant lack of fresh air. • The Israeli Prison Service (IPS) rarely provides essential hygiene products, cleaning supplies and soap, forcing prisoners to purchase these items in the prison canteen at very high prices. • Most prisoners complain about the poor quality and insufficient quantities of food prepared by the IPS and must purchase food to supplement their diet from the prison canteen.

Family Visits • Most prisons are located in Israel so Palestinian families from the occupied territory who wish to visit a family member detained in Israel must receive an entry permit into Israel. • Only first degree relatives may visit prisoners. • Men between the ages of 16 and 35 are typically prevented from visiting prison. They receive special permits only once or twice a year. • When allowed, visits only last 45 min and take place through a glass divider. ,

Women in Detention • Beatings, insults, threats, sexual harassment and humiliation are techniques used by Israeli interrogators to intimidate Palestinian women and coerce them into giving confessions. • In prison, degrading and intrusive body searches often occur during transfers to court hearings and can sometimes take place in the middle of the night as a punitive measure. • Between 2003– 2008, there were four cases of women giving birth in Israeli detention. Pregnant prisoners transferred to the hospital to give birth are typically chained to their beds until they enter delivery rooms and shackled once again minutes after delivery. There are currently 10 female Palestinian political prisoners

Child Detainees Approximately 700 Palestinian children (under 18) from the West Bank are prosecuted every year through Israeli military courts. Since 2000, more than 6, 500 Palestinian children have been detained. There are currently 150 child prisoners, including 30 under the age of 16 • Israeli military order 132 established that Palestinian children age 16 and older are tried and sentenced by Israeli military courts as adults. • On 27 September 2011 Israel announced Amendment 10 to Military Order 1651, which newly classified Palestinian adulthood as 18. It is due to be enacted 6 months after amendment, in April 2012 • Palestinian children may be charged and sentenced in military courts from the age of 12. • Children often arrested for sole purpose of incriminating others, including activists and protest organisers • Commonly charged with stone-throwing

Nabi Saleh • The village lies about 20 km from Ramallah • Population of about 550 residents • Total area of 5, 386 dunums, current jurisdiction over 2, 797 dunums • Israeli Occupation Forces (IOF) confiscated a large part of land in 1977 and established Halamish settlement

Popular Resistance in Nabi Saleh • At the beginning of 2010, Nabi Saleh launched a joint campaign with the neighboring village of Deir Nidham to engage in popular nonviolent resistance with the goal of regaining the entirety of their land, including the al-Qaws spring, which settlers seized at the end of 2009 • The village announced the creation of a body, the Popular Committee for the Resistance Movement, which would be responsible for implementing weekly demonstrations and other peaceful actions on a regular basis • Residents of Nabi Saleh were immediately faced with extreme force from the IOF and gangs of settlers, which led to many injuries, including suffocation from teargas • Despite the arbitrary detention of many residents, home seizures, and night raids by the IOF, the residents of Nabi Saleh say they will resist until they obtain all of their legitimate rights

Arrest Campaign Against Nabi Saleh Residents • Since the popular resistance movement began, at least 85 residents of Nabi Saleh have been arrested by the IOF • Of those arrested, 30 were children under the age of 18, including 9 under the age of 16 • Of those arrested, 6 were women • In addition to targeting leaders and making arrests during the weekly demonstrations, the IOF has also begun to take pictures of all the residents of the village during night raids of their homes, in what many believe is a campaign to continue identifying new targets for arrest

Targeting Children: Examples of Arrests Islam Salah Dar Ayyoub Tamimi Age: 14 years Date of arrest: 23 January 2011 Arrest and detention: Islam was arrested from his home at 2: 00 am and beaten during his arrest. He spent 3 months in prison, had to pay 20, 000 shekels, and is currently under house arrest while his trial continues. Basil Abdul Illah Tamimi Age: 13 years Arrest: Basil was arrested in front of his uncle’s house during a weekly demonstration by an undercover Israeli agent, known as Musta’arabeen.

Targeting Women • Women have been at the center of demonstrations in Nabi Saleh and have been consistently targeted for public arrests • 6 women in total have been arrested since January 2010, including some who have been arrested multiple times • 22 January 2010 arrests of Manal, Maha, and Nariman Tamimi: – Manal, her sister Maha, and cousin Nariman were arrested when Manal refused to take her children back inside their tear gas-filled home – Soldiers ripped off their headscarves and beat them, and Manal and Nariman were denied food, water, and sleep for over 30 hours – Held in Hasharon prison with general “Israeli” prisoners, rather than with other Palestinian political prisoners – Manal and Nariman were falsely accused of attacking soldiers and obstruction of military personnel, though the charges against them changed four times during their trial – Sentenced to six months probation with suspended sentence and prohibited from participating in demonstrations

Arrest of Human Rights Defenders: Bassem Tamimi • • • Date of birth: 30 March 1967 Marital Status: Married with four children Occupation: Deputy Head of Visa Department, Ministry of the Interior Date of arrest: 24 March 2011 Place of detention: Ofer Prison Number of arrests: 11(almost all of his arrests resulted in being held in administrative detention with no charges against him) Charges: incitement, organising unauthorised marches, solicitation to throw stones, failure to report for questioning and obstruction of justice Charges largely based on forced confession of two minors, who were interrogated for several hours without access to a lawyer or family member Bassem’s cousin Naji Tamimi also arrested on similar charges based on these confessions, and sentenced to one year imprisonment, a 2 year suspended sentence and a 10, 000 NIS ($2, 900) fine Bassem’s trial ongoing

Bassem’s Family • Bassem’s wife, Nariman, has been arrested twice and beaten during his arrest and weekly demonstrations • His sons Waed, 14, and Mohammed, 8, have both been wounded during demonstrations and fear for their own arrests • All of his children suffer from severe trauma and stress following his arrest, including negative impacts to their performance in school and social behavior • Says Nariman: “We are a Palestinian family like all families in the world – looking for peace for our children. The army destroyed happiness for our children by arresting their mother and father. Bassem is like a knight with a weapon, who chose to throw his weapon away in order to fight for peace instead of war. We have tried to raise our children by instilling these values of peace, but we are afraid that the violence they witness will only perpetuate more violence in their lives. Bassem is one of 6, 000 prisoners in Israeli prisons and our call is for all of them to be free. ”