By Mel Frykberg | Inter Press Service
RAMALLAH, West Bank, Dec 17 (IPS) – Israel released over 200 Palestinians from Israeli jails in a “goodwill gesture” Monday. This followed the Muslim feast of Eid Al-Adha and was an attempt to boost the waning popularity of Palestinian President Mahmoud Abbas.
Several prisoners spoke to the assembled local and international media about their time in detention. They accused the Israelis of maltreating and physically abusing detainees despite Israeli claims that torture and the abuse of prisoners have been outlawed and no longer occur.
Most of the detainees were Fatah members, the movement associated with Abbas and the ruling Palestinian Authority (PA) in the West Bank.
Some belonged to smaller Palestinian resistance groups such as the Democratic Front for the Liberation of Palestine (DFLP).
While Israel’s “goodwill gesture” was much touted by the Israeli media, the majority of the prisoners were mostly small-time political detainees, who were due for release fairly shortly, having already served most of their sentences.
Many were teenagers when imprisoned and none were convicted of injuring or killing Israelis.
As negotiations were under way for the release of the 227 prisoners, hundreds more Palestinians were arrested by Israeli security forces.
The move was widely seen as an effort to boost Abbas’s floundering PA. The PA is currently engaged in a political battle against the rival Hamas movement which controls the Gaza Strip.
Hostility between the two main Palestinian political factions is rising as the end of Abbas’s term nears.
Abbas stated he would not step down, while Hamas said it would no longer recognise his authority after Jan. 9, when his term ends.
The released detainees were greeted by tearful family members, friends and hundreds of supporters who crowded into Ramallah’s presidential headquarters in the central West Bank.
Scenes of jubilation erupted against a sea of Fatah and Palestinian flags as patriotic music boomed into the winter air.
Muhammed Abdul Razik, 22, from the town of Qabatia in the northern West Bank, served two of his four-and-a-half-year sentence.
He was convicted in an Israeli court of weapons possession and being a member of the Al-Aqsa Martyr’s Brigades, an armed offshoot of Fatah.
“I was beaten very badly when I was arrested by Israeli Defence Forces (IDF) soldiers. I was kept in the back of a jeep for over four hours in the freezing cold,” Razik told IPS.
“During detention my head was covered with a foul-smelling dirty sack as I was shackled to a chair with my hands handcuffed behind my back in a stressful position.
“Periodically, between punches and slaps, the interrogator would suddenly pull me forward causing extreme pain to my wrists and back,” he said.
Razik added that beatings, insufficient medicine, poor food and lack of family visits were routine while he was incarcerated.
The Israeli Landau Committee into torture in 1987 ruled that Israel’s domestic intelligence agency, the Shabak, or Shin Bet, could use “moderate physical pressure and psychological pressure during the interrogation of detainees.”
The committee did not elaborate on its definition of physical pressure in its report, nor did it outline the circumstances in which it could be used. The details were kept confidential and the full report was never published.
Following petitions by several human rights organisations against the ubiquitous use of torture in the country, the Israeli High Court prohibited the use of certain forms of torture during its 1999 ruling.
However, it authorised the use of “physical means” against detainees including “pressure and a measure of discomfort.”
Rights groups B’Tselem and Hamoked released a report last year ‘Absolute Prohibition: The Torture and Ill-Treatment of Palestinian Detainees’ in which they accused the court ruling of “legitimising severe acts, contrary to international law, which does not acknowledge any exceptions to the prohibition on torture and ill-treatment.”
The organisation added that the beatings, painful binding, humiliation and denial of basic needs appeared to be designed to “soften up the detainees” prior to interrogation.
B’Tselem spokeswoman Sarit Michaeli told IPS, “There has been an improvement, but there are still many cases of ill-treatment occurring.”
B’Tselem and Hamoked interviewed 73 former detainees for their report and found roughly two-thirds had been subject to some kind of mistreatment.
Rabie Al-Latifah from Palestinian human rights group Al-Haq used stronger terms. “Ill-treatment and torture of Palestinian prisoners in Israeli prisons is both widespread and systematic,” Rabie told IPS.
“The United Coalition Against Torture, of which Al-Haq is a member, has observed and recorded evidence of acts, omissions, and complicity by agents of the State at all levels, including the army, the intelligence service, the police, the judiciary and other branches of government,” he added.
The Addameer Prisoners Support and Human Rights Association says that more than 800 Palestinians are currently in administrative detention.
Detainees are held for six months at a time without being brought to trial on the basis of “secret evidence”.
This six-month period can be renewed repeatedly with some administrative detainees being jailed for up to six years without being convicted of any crime.
“Confidential material” denied to the detainee’s lawyer determines the period of detention.
Since 2001, the Israeli State Attorney’s Office received over 500 complaints of ill-treatment by Shin Bet interrogators, but not a single criminal investigation was carried out.
These decisions were based on the findings of an investigation conducted by an inspector who was himself a member of the Shin Bet.
Even in cases were interrogators were found guilty of abusing a detainee the State Attorney’s Office closed the case on the basis that the abuse was carried out in the “necessity of defence”. (END/2008)






Israel’s ‘Crime Against Humanity’
December 17, 2008by Chris Hedges | TruthDig.com, Dec 15, 2008
Israel’s siege of Gaza, largely unseen by the outside world because of Jerusalem’s refusal to allow humanitarian aid workers, reporters and photographers access to Gaza, rivals the most egregious crimes carried out at the height of apartheid by the South African regime. It comes close to the horrors visited on Sarajevo by the Bosnian Serbs. It has disturbing echoes of the Nazi ghettos of Lodz and Warsaw.
“This is a stain on what is left of Israeli morality,” I was told by Richard N. Veits, the former U.S. ambassador to Jordan who led a delegation from the Council on Foreign Relations to Gaza to meet Hamas leaders this past summer. “I am almost breathless discussing this subject. It is so myopic. Washington, of course, is a handmaiden to all this. The Israeli manipulation of a population in this manner is comparable to some of the crimes that took place against civilian populations fifty years ago.”
The U.N. special rapporteur for human rights in the occupied Palestinian territory, former Princeton University law professor Richard Falk, calls what Israel is doing to the 1.5 million Palestinians in Gaza “a crime against humanity.” Falk, who is Jewish, has condemned the collective punishment of the Palestinians in Gaza as “a flagrant and massive violation of international humanitarian law as laid down in Article 33 of the Fourth Geneva Convention.” He has asked for “the International Criminal Court to investigate the situation, and determine whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law.”
Falk, while condemning the rocket attacks by the militant group Hamas, which he points out are also criminal violations of international law, goes on to say that “such Palestinian behavior does not legalize Israel’s imposition of a collective punishment of a life- and health-threatening character on the people of Gaza, and should not distract the U.N. or international society from discharging their fundamental moral and legal duty to render protection to the Palestinian people.”
“It is an unfolding humanitarian catastrophe that each day poses the entire 1.5 million Gazans to an unspeakable ordeal, to a struggle to survive in terms of their health,” Falk said when I reached him by phone in California shortly before he left for Israel. “This is an increasingly precarious condition. A recent study reports that 46 percent of all Gazan children suffer from acute anemia. There are reports that the sonic booms associated with Israeli overflights have caused widespread deafness, especially among children. Gazan children need thousands of hearing aids. Malnutrition is extremely high in a number of different dimensions and affects 75 percent of Gazans. There are widespread mental disorders, especially among young people without the will to live. Over 50 percent of Gazan children under the age of 12 have been found to have no will to live.”
Gaza now spends 12 hours a day without power, which can be a death sentence to the severely ill in hospitals. There are few drugs and little medicine, including no cancer or cystic fibrosis medication. Hospitals have generators but often lack fuel. Medical equipment, including one of Gaza’s three CT scanners, has been destroyed by power surges and fluctuations. Medical staff cannot control the temperature of incubators for newborns. And Israel has revoked most exit visas, meaning some of those who need specialized care, including cancer patients and those in need of kidney dialysis, have died. Of the 230 Gazans estimated to have died last year because they were denied proper medical care, several spent their final hours at Israeli crossing points where they were refused entry into Israel. The statistics gathered on children-half of Gaza’s population is under the age of 17-are increasingly grim. About 45 percent of children in Gaza have iron deficiency from a lack of fruit and vegetables, and 18 percent have stunted growth.
“It is macabre,” Falk said. “I don’t know of anything that exactly fits this situation. People have been referring to the Warsaw ghetto as the nearest analog in modern times.”
“There is no structure of an occupation that endured for decades and involved this kind of oppressive circumstances,” the rapporteur added. “The magnitude, the deliberateness, the violations of international humanitarian law, the impact on the health, lives and survival and the overall conditions warrant the characterization of a crime against humanity. This occupation is the direct intention by the Israeli military and civilian authorities. They are responsible and should be held accountable.”
The point of this Israeli siege, ostensibly, is to break Hamas, the radical Islamic group that was elected to power in 2007. But Hamas has repeatedly proposed long-term truces with Israel and offered to negotiate a permanent truce. During the last cease-fire, established through Egyptian intermediaries in July, Hamas upheld the truce although Israel refused to ease the blockade. It was Israel that, on Nov. 4, initiated an armed attack that violated the truce and killed six Palestinians. It was only then that Hamas resumed firing rockets at Israel. Palestinians have launched more than 200 rockets on Israel since the latest round of violence began. There have been no Israeli casualties.
“This is a crime of survival,” Falk said of the rocket attacks. “Israel has put the Gazans in a set of circumstances where they either have to accept whatever is imposed on them or resist in any way available to them. That is a horrible dilemma to impose upon a people. This does not alleviate the Palestinians, and Gazans in particular, for accountability for doing these acts involving rocket fire, but it also imposes some responsibility on Israel for creating these circumstances.”
Israel seeks to break the will of the Palestinians to resist. The Israeli government has demonstrated little interest in diplomacy or a peaceful solution. The rapid expansion of Jewish settlements on the West Bank is an effort to thwart the possibility of a two-state solution by gobbling up vast tracts of Palestinian real estate. Israel also appears to want to thrust the impoverished Gaza Strip onto Egypt. There are now dozens of tunnels, the principal means for food and goods, connecting Gaza to Egypt. Israel permits the tunnels to operate, most likely as part of an effort to further cut Gaza off from Israel.
“Israel, all along, has not been prepared to enter into diplomatic process that gives the Palestinians a viable state,” Falk said. “They [the Israelis] feel time is on their side. They feel they can create enough facts on the ground so people will come to the conclusion a viable state cannot emerge.”
The use of terror and hunger to break a hostile population is one of the oldest forms of warfare. I watched the Bosnian Serbs employ the same tactic in Sarajevo. Those who orchestrate such sieges do not grasp the terrible rage born of long humiliation, indiscriminate violence and abuse. A father or a mother whose child dies because of a lack of vaccines or proper medical care does not forget. A boy whose ill grandmother dies while detained at an Israel checkpoint does not forget. All who endure humiliation, abuse and the murder of family members do not forget. This rage becomes a virus within those who, eventually, stumble out into the daylight. Is it any wonder that 71 percent of children interviewed at a school in Gaza recently said they wanted to be a “martyr”?
The Israelis in Gaza, like the American forces in Iraq and Afghanistan, are foolishly breeding the next generation of militants and Islamic radicals. Jihadists, enraged by the injustices done by Israel and the United States, seek to carry out reciprocal acts of savagery, even at the cost of their own lives. The violence unleashed on Palestinian children will, one day, be the violence unleashed on Israeli children. This is the tragedy of Gaza. This is the tragedy of Israel.
Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of “American Fascists: The Christian Right and the War on America.“
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Tags:Article 33 of the Fourth Geneva Convention, Hamas, Israel's siege of Gaza, malnutrition, professor Richard Falk, use of terror and hunger
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