Rights of Detainees

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.<br/>No one shall be subjected to arbitrary arrest, detention or exile.<br/>

Universal Declaration of Human Rights (1948), Articles 5, 9

HCJ 2969/15 - Omar et al. v. Commander of the Israeli Military Forces in the West Bank et al. Petition for Writ of Habeas Corpus

HaMoked's habeas corpus petition concerning a stateless Palestinian living in the West Bank. The man is inside Israel and has even been sentenced to two and a half years in prison. The court is requested to instruct the state to uphold its duty and notify the man's family of his whereabouts and the legal grounds for holding him. The state has breached this duty, which stems from a basic right of the Palestinian man and his family and is entrenched in statutory law and case law.

HaMoked’s Report on Human Rights Violations Perpetrated by Israel in the Summer of 2014

HaMoked's report, submitted to the UN-appointed independent commission of inquiry on the 2014 Gaza conflict, focuses on five areas addressed by HaMoked regarding Israel's measures against the Palestinian population in the OPT before, during and after the fighting in Gaza: detainee tracing, the right to freedom of movement, detainee rights, punitive house demolitions and respect for the dead.

Re: Punitive measures against Palestinians in the context of the abduction of three Israeli youths

HaMoked's urgent letter to the Attorney General concerning the punitive measures which the Israeli government considers implementing against the Palestinian population in response to the abduction of three Israeli youths, including punitive house demolition and deportation from the West Bank to Gaza. HaMoked asserts that the measures contradict international law and constitute a violation of basic rights of the Palestinian population; and requests the Attorney General to intervene.

New report by HaMoked: Childhood in Chains - The Detention and Interrogation of Palestinian Teenagers in the West Bank

Palestinian teenagers from the West Bank are waken by soldiers in the middle of the night, taken directly from their beds on a grueling journey in military custody, at constant risk of violence at the hands of security personnel. Following the journey, the teenagers are interrogated in a state of fear and exhaustion, often without having had anything to eat or drink for many hours and without having been permitted to relieve themselves.

New report by HaMoked and B'Tselem: Unprotected – The Detention of Palestinian Teenagers in East Jerusalem

Palestinian teenagers from East Jerusalem are pulled out of bed in the middle of the night, unnecessarily handcuffed and then made to spend a long time waiting for their interrogation to begin. Only then, when they are tired and broken, are they taken in for lengthy interrogation sessions, without being given the opportunity to speak to a lawyer or their parents before the questioning begins and without understanding that they have the right to remain silent.

The IPS admits to a severe failure in its record keeping: negligence in logging visitors’ entry to prison resulted in a severe violation of the right to meeting of a Palestinian prisoner and his wife

For years, a Palestinian woman from Ramallah was prevented from visiting her husband imprisoned inside Israel. In 2013, a petition was filed on behalf of the prisoner in a bid to remove the ban and enable the wife’s visits. The prisoner petition was denied, inter alia, on the grounds that this was a security ban imposed by the Israel Prison Service (IPS) (i.e., and if so, a petition should be filed by the woman directly, rather than by the prisoner).

Following HaMoked’s intervention: the IPS decided to revoke a directive that allowed banning a visitor from entering prison indefinably

The right to family visits in incarceration facilities is a basic right of both the inmates and their families. Preventing families from visiting their incarcerated loved ones is a severe violation of the basic right to family life of the inmates and their families alike.

After long efforts: a severely ill Palestinian mother from East Jerusalem is allowed to have an “open visit” to her son imprisoned inside Israel

Under the prisons ordinance relating to security prisoners, a reinforced glass partition separates security prisoners from their visitors. Only children up to age eight who are visiting their incarcerated parent can have physical contact and direct face-to-face interaction with the inmate. A visit with no partition, which is called an "open visit", is otherwise granted to security prisoners in exceptional cases only.

Following an HCJ petition: the military withdraws the sweeping restriction on the number of prison visits by sons and brothers of “security” prisoners

Israel incarcerates most prisoners from the OPT in prisons inside its own territory, in breach of international law that prohibits the transfer of residents of an occupied land into the occupying power’s territory. The incarceration of Palestinians inside Israel forces their relatives to seek Israeli entry-permits from the military in order to visit their loved ones in prison. Israel’s policy on this issue is extremely stringent and restrictive.