Amira Hass : Number of Palestinians Detained in Israel Without Trial Sees Sharp Rise
Number of Palestinians Detained in Israel Without Trial Sees Sharp Rise
Today 651 Palestinians who have not been given due process are in
Israeli jails. One of them, Bilal Kayed, received a detention order last
month just moments after finishing a long prison term
Bilal Kayed, an
administrative detainee who has been on a hunger strike for 41 days, is
one of the 651 Palestinians who have been jailed by Israel without
charge or trial, and only by order of a military commander and under the
directives of the Shin Bet security service. The number of
administrative detainees is slightly more than one-tenth of all the
Palestinian security detainees and prisoners Israel is holding – a total
of 6,290, according to data from the Israel Prison Service.
There
has been an uptick in the number of Palestinians detained without trial
since June 2014, after the kidnapping and murder of the three yeshiva
students in Gush Etzion. But if the previous record had been 473
detained in August 2014, the monthly figures have been approaching 700
since the beginning of the recent wave of “lone-wolf” revolt, starting
in October 2015: 698 in April of this year, 684 in May, and 688 in June.
Kayed,
34, has been hospitalized for 10 days in Barzilai Medical Center in
Ashkelon because his health is deteriorating. He is shackled to his bed
in a room with a closed window sealed by curtains. He is forbidden to
have visitors; the lights are on and a security camera is filming him 24
hours a day. Three IPS employees continuously guard him, with two of
them always in the room.
Kayed
refuses to be examined by doctors or to have life-saving salts and
minerals added to his water. He sometimes loses his sight for a few
minutes, has difficulty walking, suffers from severe headaches and is at
risk for heart failure. But his mind is totally clear; he launched his
hunger strike on June 15 knowing exactly what was in store for him.
Two
days beforehand, on June 13, Kayed finished serving a 14-and-a-half
year prison term. In an extremely rare move, the same day he was put in
administrative detention, without even being told what he was suspected
of.
At
his home in the village of Asira al-Shamaliya, north of Nablus, the
family was preparing everything for their son’s return home. Brother
Mahmoud, who owns a gym in Nablus and is a doctoral student in sports
and physiology in Amman, had already decided he would give the gym to
Bilal to manage. On the day of his release, his family and friends
traveled south to the Dahariya checkpoint, where they expected to greet
him. Then came the telephone call informing them that Kayed had been
transferred to the Ofer Military Court, where he was slapped with an
administrative detention order for six months. The date on the order was
June 7.
“They have killed off the joy of an entire family,” Mahmoud Kayed said in a conversation with Haaretz.
This
past Sunday, Bilal Kayed told one of his lawyers, Farah Bayadsi, who
visited him, that he was hunger striking not just for his own benefit,
but so that Israel will not make it a habit to issue administrative
detention orders based on classified information to Palestinian
prisoners a moment before their release. The hunger strike was a message
that he hadn’t chosen to stay in prison, he told Bayadsi. He added that
he wasn’t hunger striking because he wants to die, but because he wants
to live freely, and refuses to accept detention under such conditions
as something that is natural.
The
declared motive behind administrative detention is to serve as a
preventive measure, to thwart “dangers” that may harm the Israeli public
in the future. But these dangers are usually based on classified
evidence or suspicions that ostensibly show that the person in question
has already done something that violates military law. Administrative
detention is apparently sometimes used so as not to have to reveal the
sources who gave evidence of the alleged violation. Past experience also
shows that during periods of general agitation against the occupation,
and as part of the effort to quell it, Israel arrests Palestinian social
and political activists under administrative detention orders.
The
maximum term called for in such orders is six months, but it can be
extended. The detainee is usually brought before a military judge eight
days after being apprehended, as part of a procedure known as “judicial
review.” The prosecution shows the judge the file of classified evidence
and describes the suspicions against the detainee; he and his attorneys
are not permitted to see any of this information or submit an argument
against it. The judge typically accepts the prosecution’s position. Then
the detainee can appeal, even a few times, but usually in vain. He then
waits to be released or for his detention to be extended.
Palestinian
sources say that 47 administrative detainees and other prisoners are
now hunger striking in solidarity with Kayed, and that the IPS is
punishing them by refusing them family visits, confiscating personal
items and sending them to solitary confinement.
One
of those striking in solidarity with Kayed is Omar Nazzal, 52, a
journalist and owner of a media production company that makes short
films and writes press releases on behalf of a few Palestinian
nongovernmental organizations. He’s a native of Jenin, a sociology
graduate from Bir Zeit University, and the father of three girls. He has
often produced films for feminist groups, his wife says.
Nazzal
once worked for seven months as chief editor for a television station
affiliated with Islamic Jihad; he has from time to time written articles
critical of the Palestinian Authority. He was arrested on April 29 at
the Allenby border crossing as he was making his way via Jordan to a
journalists’ conference in Bosnia, to which he’d been invited as a
member of the Palestinian Journalists Association. He has been blocked
from traveling abroad several times in recent years.
“At
most we thought that he’d be turned back at the bridge again,” his wife
Marlene told Haaretz. “But arrested? That didn’t occur to us.”
The
prosecution claimed that he is affiliated with the Popular Front for
the Liberation of Palestine, but his wife says that isn’t so. It was
said that he poses a risk to regional security. She looked at his
serious face on a poster in the room, and laughed. Him? Dangerous?
Ron
Dalomi, the judge who approved the order to detain him without charges
for four months, and Netanel Benisho, the judge who rejected the appeal,
said that Nazzal had used his journalistic connections to advance
activities of political organizations, according to his attorney,
Mahmoud Hassan. Hassan, for his part, told the judges that, “I didn’t
understand this assertion. Every journalist has connections, and the
connections have to be with those who make news, so he goes to political
events of various kinds.”
Household in limbo
Nazzal
himself told the military court that he was convinced his detention was
political, aimed at preventing his attendance at the international
conference and his presentation there of Palestinian positions.
Meanwhile, his whole household is in limbo, characterized by uncertainty
over when he will be released, the inability to pursue his livelihood,
cancellation of family visits because of the hunger strike, longings and
grave concern for his health.
In
2012, after some 1,500 Palestinian prisoners went on a hunger strike
against the practice of years-long administrative detention and solitary
confinement, the number of individuals incarcerated under such
circumstances started to drop, from 300 to 150 a month – or even fewer
(134 in August 2013, according the IPS figures published by the B’tselem
Israeli human rights organization). In other words, in the three years
that have elapsed, the number of such detentions has quadrupled.
Palestinian
Prisoners Society lawyer Mahmoud al-Halabi has represented only
administrative detainees since the early 2000s, and is currently dealing
with 290 cases.
“The
worst part, emotionally, for the detainees and their families, is that
there’s no definite release date, because [administrative] detention can
be repeatedly extended,” Halabi told Haaretz.
Mahmoud
Kayed termed it “a potential life sentence without a trial.” In the 10
months that preceded his administrative detention, Bilal Kayed was held
in solitary confinement, with poor sanitary conditions. He was forbidden
family visits – by Hadiba, his mother, and Halima, his father’s first
wife, who raised him like a son.
Both
the family and attorneys Bayadsi and Hassan, both of Addameer, the
Prisoner Support and Human Rights Association, believe there are two
reasons why the Shin Bet wants to keep Kayed behind bars. One is an
argument he had with A.K., the intelligence officer in Megiddo Prison
where he was serving his sentence. Following that argument Kayed was put
in solitary confinement. In other words, they believe the solitary
stint and the recent administrative detention could just be the result
of that officer’s vengefulness.
The
second possibility might be related to the fact that Kayed was for
years the Popular Front’s “prisoner representative” vis-a-vis the IPS
while incarcerated – a reflection of his popularity and the trust people
felt for him. As part of his task, he would try to deal with social
problems that came up among the prisoners in Megiddo Prison, like the
time it emerged that some prisoners were taking advantage of weaker ones
and charging money from them on various occasions. Kayed argued with
those inmates who looked away and didn’t try to stop this.
The
prisoner representative, who is always affiliated with a political
group, cannot serve in this position without IPS approval; it’s an
arrangement that works for both sides to keep the situation calm. Hassan
told Judge Dalomi that it’s possible the intelligence officer initiated
his stint in solitary confinement, during which certain prisoners
provided the officer with incriminating information (it is not known
whether it was true or false) about Kayed. The solitary confinement was
then ostensibly replaced by administrative detention, and during the
judicial review hearing Hassan tried to ascertain whether the
information was submitted in return for certain benefits.
Kayed’s
brother, Mahmoud, assumes also that his brother’s charisma and
leadership qualities, which were discovered and developed in prison, are
a matter of concern among the authorities.
Bilal
began serving time when he was 20. His family is a “returnee” family;
the father served in the Jordanian army and left the West Bank before
the 1967 war. He then joined the PLO army as a maintenance engineer. The
children were born in Syria but raised in Amman.
When
the Oslo Accords were signed, the Kayeds and thousands of other
families thought that they were returning to another era, one of peace.
They were such firm supporters of the PA that Bilal joined the
Palestinian Police Special Forces, which were trained to put down riots
and other disturbances. In 2001, Bilal was assigned to Nablus Prison to
guard Mahmoud Abu Hanoud, a member of Hamas’ military wing and a fellow
resident of Asira al-Shamaliya.
In
May 2001, Israel bombed the prison in which Abu Hanoud was being held;
while Abu Hanoud managed to escape the prison and flee, 11 prison
guards, all Bilal’s comrades, were killed. According to Mahmoud Kayed,
this was the reason Bilal decided to use his weapon against the
occupier. Bilal was arrested in late 2001, was tried and convicted of
belonging to an enemy organization and two attempts at causing death by
shooting.
Judge
Dalomi rejected the claims of the family and the lawyers, and wrote in
his statement approving the administrative detention for six months that
the information he had showed that Kayed “played a central role among
Popular Front prisoners … and also served as the head of the Popular
Front prisoners in Megiddo Prison.”
He
added in his decision that he was approving the new detention order
because of Kayed’s organizational activity when incarcerated, as well as
for other reasons: “It emerges from the information brought to me that
the respondent was involved in significant activity on two levels, both
in jail and in activity aimed at influencing the place of his residence.
This activity has a grave military dimension, and if it weren’t for the
arrest of the respondent he would be released and implement these
plans.”
As said, neither Kayed nor his lawyers are permitted to respond to the accusations or to refute them by questioning witnesses.
“Blind
and lacking information, all that remains for a lawyer to do is to ask
questions that perhaps will succeed in disturbing the judge’s
confidence,” Halabi, the attorney of the Palestinian Prisoners Society,
told Haaretz. “And he can also try to bargain over shortening the period
of arrest, especially against the extensions.”
At
least Halabi returned happy at the end of last week from the Ofer
military court because he had managed to reduce the detention of two
detainees by about a month.
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