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IX. Conclusions and
Recommendations
The Geneva
Conventions that were signed by Israel do not consider Palestinian
detainees as prisoners of war but rather as prisoners under Occupation.
According to the articles in the Convention, these prisoners should be
held in prisons in the Occupied Territories and they should be set free at
the end of the Occupation. These conventions do not differentiate between
prisoners who committed murders and those who did not. Some of the
agreements between the PNA and Israel do not refer to the issue of
Palestinian prisoners held in Israeli jails at all. In other agreements,
Israel categorized prisoners according to whether they had “blood on their
hands” or not. The most recent one was the Wye River Accords where there
was a verbal agreement to release 750 prisoners (500 criminal and 250
security). This situation has led to the prisoners’ strike that lasted 10
days.
The PHRMG calls
upon the following:
The Palestinian
negotiator to fully comprehend the legal status in the cases of prisoners
in Israeli jails, and to be aware of the rights given to them by the
Geneva Conventions, according to which they should be released at the end
of the Occupation. These negotiators should not acquiesce in the
categorizing of prisoners and should include the case of Arab and
Palestinian prisoners of 1948 in future peace accords.
International
organizations, especially the United Nations and the Red Cross, to
pressure Israel to commit to the Fourth Geneva Convention and to return
Palestinian prisoners from inside Israeli jails to prisons inside the
Occupied Territories. During the final peace talks, international
organizations should not ignore the rights of prisoners as contained in
the Fourth Geneva Convention
The United
States of America to be a neutral guardian of peace by pressuring Israel
to immediately release all Palestinian prisoners. The US government should
understand that respect for human rights, putting the past behind and
turning a new page are the main priorities for achieving a just and
lasting peace. Furthermore, releasing the detainees would increase
Palestinian support for the PNA in its ongoing negotiations within the
Peace Process.
The Israeli
Government to immediately release all Palestinian prisoners whom it
considers as ‘terrorists’ because of their participation in military
operations aimed at freeing their land and building their State.
Palestinians should not be judged by reference to a different standard
than Jews who have planned and committed ‘terrorist’ attacks against
Palestinians. The Israeli Government does not consider these same Jews
terrorists; they are described as nationalists and given the highest ranks
in the Israeli leadership, rather than serving their due prison sentences.
Orit Masar-Harel
Spokeswoman,
Prison Authority
Jerusalem, 9
January 1999
Subject: Request
for additional Information on Security Prisoners
Greetings,
The Palestinian
Human Rights Monitoring Group (PHRMG) is a non-profit organisation
registered in Israel, which monitors human rights violations in the
territories under the Palestinian Authority and in territories held by
Israel. We publish comprehensive reports on different subjects related to
human rights. Currently we are busy preparing a report on the security
prisoners’ strike that took place in December 1998. For the report, we
require certain official information and we would very much appreciate it
if you pass to us, at your earliest convenience, the following details.
1. What is the
total number of security prisoners in the Prison Authority’s jails?
2. What is the
number of prisoners that have been given life sentences?
3. How many of
the total prisoners are residents of the West Bank?
4. How many are
residents of the Gaza Strip?
5. How many are
residents of East Jerusalem?
6. How many are
citizens of Israel?
7. What is the
number of citizens from Arab countries tried by Israel?
8. What were the
reasons for the cessation of the hunger strike? Were there negotiations
between official representatives of the Palestinian Authority and the
representatives of the Prison Authority or the government of Israel? Did
the Prison Authority respond to the requests of the prisoners, or some of
these requests?
For the purposes
of previous research we conducted, the Palestinian Authority allowed us to
enter the detention centres and the prisons under their jurisdiction. In
order to complete this report we request the permission to enter the Nafha
Prison in order to speak with the leaders of the prisoners there. We hope
you will be able to co-ordinate this visit as soon as possible. We intend
to come accompanied by the PHRMG lawyer.
Sincerely,
Bassem Eid
Director
The PHRMG has
not yet received any response from the Prison Authority
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