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<font size=3>Tip of the Iceberg – Come Visit the Palestinian
Prisoners<br>
Dr. Daud Abdullah<br><br>
<a href="http://www.prc.org.uk/english/default.asp?f=../../Database/data/english/200406/244.htm&t=Tip%20of%20the%20Iceberg%20%20Come%20Visit%20the%20Palestinian%20Prisoners" eudora="autourl">http://www.prc.org.uk/english/default.asp?f=../../Database/data/english/200406/244.htm&t=Tip%20of%20the%20Iceberg%20–%20Come%20Visit%20the%20Palestinian%20Prisoners</a>')<br>
More than 600,000 Palestinians have been detained since the start of the
Israeli occupation of the West Bank and Gaza Strip in 1967. A comparison
of the figures with those from Iraq explains the scale of the problem
facing the Palestinians. While Iraq with its population of 23 million
currently has about 9,000 prisoners in 10 coalition prisons, there are an
estimated 7,500 Palestinians in Israel’s five interrogation centers,
seven detention/holding centers, three military detention camps, and nine
prisons. <br><br>
The Palestinian population in the territories is around 3.6 million. More
than 25% of the adult population have been imprisoned at some time or
another. This means almost every Palestinian house has been
affected.<br><br>
The most striking feature of the Israeli Occupation has been its
obsession with the use of excessive and disproportionate force against
the Palestinians. Some of these have been meted out to individuals.
Others were of a collective nature. The systematic and widespread
demolition of civilian homes in Rafah is the most hideous example today
of collective punishment. The Occupier uses every pretext to justify its
totalitarian acts. When it is not done in ‘self-defence’ it is done to
spread ‘democracy.’<br><br>
In Occupied Palestine, the so-called ‘war on terror’ offers immunity and
protection for the extra-judicial killings of political and civic
leaders. Similarly, the 1945 British Mandatory Defence (Emergency)
Regulations are used to legitimize the destruction of Palestinian
civilian homes. Though condoned against Palestinians, these very acts
were regarded as war crimes and acts of terror when they were committed
against European Jews decades ago. <br><br>
Hence the 1945 Nuremberg Charter 1945 which resulted from the trial of
the Nazi war criminals, codified a new type of international crime -
"crime against humanity" – to prevent the recurrence of the
crimes perpetrated by the Nazis. Article 6 (c) defines Nuremberg Crimes
Against Humanity in part as: "namely....deportation, and other
inhumane acts committed against any civilian population...." Sadly,
although the Nuremberg Charter universalized in theory the concept of
“crime against humanity”, its practice was never extended to the
Palestinians.<br><br>
Following the British enactment of the Defence (Emergency) Regulations,
Dov Yosef, a future Israeli government minister told a conference of the
Jewish Lawyers Association in 1946, ‘with regard to the security
regulations the question is: will we be subject to official terrorism?’
Today, the same regulations are used to carry out ‘official terrorism’
against the Palestinians.<br><br>
Prisons<br>
Of all the Israeli detention centres and prisons in the West Bank and the
1948 territories, some are more notorious than others. In recent months
‘Facility 1391’ has gained notoriety as “Israel’s Guantanamo”. That is to
say, this is a place where prisoners are stripped and denied of all their
legal and human rights. Though initially used for detaining foreign
nationals from Arab countries, an increasing number of Palestinians are
now being held here because of the overcrowding in other centres.
<br><br>
B’Tselem, the Israeli human rights organization, estimates that some 85%
of all Palestinian detainees are tortured during interrogation. The
process involves cruel, inhuman or degrading treatment. It includes
beating, placement in uncomfortable physical positions for extended
periods of time and denial of food, medical treatment and sleep.
Meanwhile, Israel is the only country in the world that legalizes
torture. It does so using the Landau ministerial committee’s license of
1987, which allowed ‘moderate physical pressure’ and psychological
pressure. <br><br>
Child Torture<br><br>
The use of physical and psychological torture is not restricted to
adults. Child detainees aged 16 years and over are held in detention,
with no recognition of their legal status as children and in manifest
breach of the International Convention against Torture and the Convention
on the Rights of the Child. <br><br>
According to the Geneva-based Defence for Children International, there
are presently about 360 and 370 children in detention centers and prisons
in the Occupied Territories and Israel. The overwhelming majority of
these children (aged 14 to 17) are held on the charge of stone throwing.
<br><br>
In many instances armed soldiers arrest children from their beds in the
middle of the night. Last year, the Haaretz journalist Amira Haas [April
15, 2003] highlighted the case of two minors, Nader and Mamdouh, who were
detained in this manner. The soldiers cuffed the hands and feet of the
two brothers, blindfolded them, and bundled them away in a jeep to a
detention center.<br><br>
Nader recalled, "The interrogator began questioning me: `You throw
rocks?' I said, `No, maybe once, when I was little.' He started shouting
at me. He pushed me. He said I threw 300 rocks. He insisted I did, and I
kept saying no. I told him again that I did when I was little, but not
now. He wrote something on a paper and said I had to sign. I don't know
what I signed." It was written in Hebrew.<br><br>
After gathering hundreds of similar testimonies local and international
human rights organizations now confirm that Palestinian children are
subjected to patterns of physical and psychological abuse, which often
amount to torture.<br><br>
In March 2002, the UN Special Rapporteur of the Commission on Human
Rights, John Dugard, reported on the issue of Palestinian child detainees
in the occupation prisons. The report called for an urgent and impartial
investigation into the, "allegations of inhuman treatment of
children under the military justice system and that immediate steps be
taken to remedy this situation." As so many before and after, this
report has since remained a dead letter.<br><br>
Genocide<br>
There is hardly a household today in the West Bank and Gaza that has not
had a son, father, or brother who was not imprisoned. The entire
Palestinian population has directly or indirectly experienced the trauma
of imprisonment. And, although the abuse of Palestinian detainees is
endemic in the Occupation prisons, conditions have grown significantly
worse since the outbreak of the Aqsa Intifada. This is especially the
case in the Shatta, Qadumem and Hawwara detention centers. <br><br>
Even in the less infamous centers, conditions are deliberately geared to
break the will and discourage the detainee from participating in the
resistance. Palestinian detainees are routinely neglected and denied
medical attention. Skin diseases are commonplace, as are chest
infections, ulcers, hypertension, diabetes, poor vision and heart
diseases. Worse yet, is the frequent exploitation of prisoners to carry
out medical experiments without their consent. <br><br>
Zuhayr al Askafi (28 years old) from Nablus was in good health before he
was injected two years ago. He has since lost all the hair on his head
and face. Female prisoners have similarly suffered sudden loss of hair
after been injected. Despite concerted campaigns in recent years, human
rights organizations have failed to attain an impartial investigation
into these practices. <br><br>
Although it ratified the UN Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT0 in 1991), Israel
declared under article 28 its non-recognition of the competence of the
monitoring committee to investigate allegations.<br><br>
Like the US, it has subsequently refused to ratify the Rome Treaty, which
in July 2002 brought into existence the International Criminal Court
(ICC). On its part, the US is currently seeking special agreements from
governments around the world, to protect its citizens from ICC
prosecutions. Naturally, it prefers to have its own kangaroo courts the
type of which was set up in Baghdad for the crimes committed at Abu
Ghuraib. Given the strategic relationship between the two, it remains
only a matter of time before Washington demands similar immunity for
Israel’s Occupying Force. <br><br>
Throughout the 1967-2000 period, an estimated 1,400 Palestinians have
died in Israeli prisons because of torture or medical neglect. Those who
survived will bear the physical and psychological scars of their ordeal
for the rest of their lives. As it stands, neither the Occupying Power
nor the Palestinian Authority (PA) could ignore the issue while the
conditions of Palestinian detainees slide from bad to worse. <br><br>
While Israel seeks to exploit the issue for political gain, the PA cannot
afford the luxury of dealing with the fate of 7,500 detainees as a
tactical or secondary concern. The vast majority of these have sacrificed
much for the national cause. Their freedom and the freedom of Palestine
are inextricably linked. Neither could be completed without the
other.<br><br>
Despite its huge significance, the issue of the Palestinian detainees in
Israeli jails is only the tip of the iceberg. Their suffering represents
a small fraction of the total misery and overall crimes committed against
the Palestinian people. There is ample evidence that Israel is not only
in breach of the Convention Against Torture but worse still, the 1948
Genocide Convention. Its military, political and economic policies in the
Occupied Palestinian Territories have created conditions of life that are
calculated to bring about the physical destruction of the Palestinian
people in substantial part. They all contravene Article II [c] of the
1948 Genocide Convention. <br><br>
Indifference in the face of genocide is not simply a dereliction of duty.
It is in effect an act of “complicity”, which is itself a crime under the
Genocide Convention. In the circumstances, the PA must waste no further
time in American sponsored road shows and public relations exercises. It
needs to explore other options and demonstrate more faith in its people
and the power of world public opinion. It is not enough to call for
investigations and inquiries. Tangible steps must be taken to hold the
Israeli government and its supporters criminally responsible for
genocidal acts committed against the Palestinian people. <br><br>
After been marginalized on the premise that they are no longer credible
negotiating partners the PA should respond in the language of those who
seek to disqualify it. In this regard it may take a page from the South
African experience. There, the leadership of the liberation movements
were not beguiled by Washington’s policy of ‘constructive engagement’
with Pretoria. On the contrary, they mobilized world opinion against the
threat of apartheid. Similarly, America’s current support for Israel must
not conceal the danger of Zionism. Whether it is manifested in the
torture of prisoners or the bombing of civilians the consequences are the
same – death and destruction. <br><br>
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