Israel administratively
detains hundreds of Palestinians indefinitely without charge lawlessly.
Like thousands of others incarcerated, their "crime" is wanting to live
free on their own land in their own country. Israel calls it terrorism.
Hana Yahya Shalabi is one of many abused. A young Palestinian woman,
50 Israeli soldiers, an intelligence officer, and attack dogs arrested
her on February 16. Violently they stormed her home pre-dawn. In the
process, her family, including young children, was terrorized.
After searching and ransacking it, she was arrested with no warrant
or charge. Soldiers prohibited her from dressing. Her brother heard
the intelligence officer say: "Hana must die."
During arrest, soldiers beat her. Her brother Omar was also viciously
attacked. Hana was painfully handcuffed, blindfolded, put in a military
jeep, and ordered to remain uncomfortably on its floor on her knees.
Each time she moved, she was threatened.
At Salem Detention Center, she was beaten and humiliated, then transferred
to HaSharon Prison. Immediately, she began hunger striking in protest.
For several days, she was held in solitary confinement, then moved to
another isolated room. She was constantly threatened and intimidated.
On February 21, she was transferred back to Salem for interrogation.
On February 23, she appeared in military court. Her lawyer warned about
administrative detention without charge. When issued, six months were
ordered until August 16. At the same time, she received seven days in
solitary confinement for hunger striking. Four days later, she returned
to the general prison population.
On February 29, she was moved to HaSharon Prison's security wing for
refusing to ingest food. She's determined to continue until freed.
On March 1, she began day 15. Only drinking water, she excludes food
and supplements. After an initial medical exam, she refuses others.
On February 29, a military court hearing was held. The presiding judge
postponed ruling until meeting with an intelligence official on March
4. Hana and her lawyer are prohibited from attending.
Hana's Background
In October 2011, she was the first female detainee released in exchange
for Gilad Shalit after being imprisoned without charge for two and half
years. Hamas Detainees Minister Atalla Abu As-Sabah said her health's
deteriorating. In solidarity, her elderly parents refuse food in protest.
Hana's one of nine children in a Burqin village farming family near
Jenin. On September 29, 2005, Israeli soldiers killed her brother Samer
and a close friend. He'd been imprisoned and released 90 days earlier
after spending nine months in prison.
Earlier, Hana was arrested on September 14, 2009. At 1:30AM, soldiers
stormed her home, ordered everyone outside, and demanded she surrender
her ID card. They then searched and ransacked her home. It's standard
abusive Israeli practice.
While there, Samer's picture was removed from a frame and destroyed.
Soldiers stomped on it while cursing family members. When Hana's father
Yahya intervened and tried protecting her, soldiers stuck him violently.
Hana's mother fainted. Family members were terrorized.
Hana was painfully shackled, blindfolded, taken to Salem Detention Center,
then transferred to Kishon Detention Center for interrogation.
Held in solitary confinement for eight days, her tiny cell had no windows
or natural light. It contained a dirty mattress and toilet. Daily she
endured exhausting interrogations, physical violence, and sexual harassment
from 10AM until late evening.
In confinement, she lost all track of time as do others there. At times,
she was tied to her bed frame for added pain and humiliation. Guards,
in fact, photographed her in that position.
In protest, she hunger struck during the eight-day period. She confessed
to nothing because then and now she's innocent.
Israel obtains many torture extracted confessions. Innocent Palestinians
yield to stop pain. They're judged guilty by accusation or by virtue
of being arrested. Fraudulent evidence is used to convict. Thousands
are wrongly abused. Israeli justice assures none.
After Hana's interrogation concluded, she remained at Kishon another
nine days. On September 29, 2009, Military Commander Ilan Malka ordered
her administratively detained for six months. He spuriously claimed
she posed a "security" threat.
Secret evidence alleged she planned a "terrorist attack" and began preparing.
Proof was lacking because none existed. Other Palestinians face similar
ordeals with no way to defend themselves against alleged secret evidence
unavailable to their lawyers.
Administrative detentions without charge prove innocence because if
guilty, evidence would be presented, not vague, unsubstantiated allegations
without proof.
Hana's lawyer appealed in vain. Rarely ever do higher courts overturn
lower rulings, no matter how baseless. Ordered detained until March
13, 2010, she was extended multiple times for two and a half years until
released in October 2011 in exchange for Shalit.
At the time, 1,027 Palestinian political prisoners were released on
two separate dates. Had Hana not been included, she'd likely have been
detained months or years longer. Her current ordeal proves it.
Throughout her earlier detention, she endured deplorable conditions.
During 17 days of grueling interrogations, she spent days in isolation
and was denied clean clothes.
On October 1, 2009, she was transferred to HaSharon Prison's Section
2 together with alleged female prisoners charged with criminal offenses,
whether or not they committed them.
Given appalling Israeli brutality and persecution, most likely were
innocent, perhaps all.
Like other prisoners, Hana was subjected to harassment, discrimination,
humiliation, threatened physical attacks, and other forms of abuse.
As a result, she and others incarcerated live in fear. They also experience
insomnia and emotional stress throughout their ordeal. It takes a toll.
No one's released unscarred.
After 25 days in HaSharon's Section 2, Hana was moved to Section 12
with other detainees. She remained there until released. One of Israel's
largest prisons, overcrowding, poor food and medical care, humidity,
lack of natural sunlight, poor ventilation, and deplorable hygiene conditions
put detainees through horrific ordeals.
A Final Comment
Israel uses administrative detentions lawlessly. Those held may be imprisoned
indefinitely without charge. Denied due process, they're not told why
they're detained, can't dispute it, cross-examine witnesses, or present
contradictory evidence to prove innocence.
Since 1967, various military orders authorized the practice. On May
1, 2010, Military Order 1651 codified them into what's called Israel's
Criminal Code. It consolidated past versions relating to arrests, prosecutions,
and detentions.
It applies to children like adults. Israel makes little distinction,
often none. Children young as 10, and at times younger, are abusively
affected.
Under article 285 of Military Order 1651, military commanders may detain
Palestinians up to six months. Indefinite renewals may be issued for
alleged security reasons.
Nearly always, they're bogus. If real evidence existed, it'd be presented.
Kept secret shows it's baseless. As a result, innocent detainees like
Hana and Khader Adnan could be held forever uncharged if Israeli authorities
wished.
Many spend years before release and face constant re-arrest threats.
Adnan was arrested and detained nine times. Others are similarly persecuted.
Practically all Palestinian families are affected or know relatives
and/or friends similarly treated.
Prolonged arbitrary detention constitutes a serious international law
breach. Article 9 of the International Covenant on Civil and Political
Rights states:
1. "Everyone has the right to liberty and security of person. No one
shall be subjected to arbitrary arrest or detention. No one shall be
deprived of his liberty except on such grounds and in accordance with
such procedures as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest,
of the reasons for his arrest and shall be promptly informed of any
charges against him.
4. Anyone who is deprived of his liberty by arrest or detention shall
be entitled to take proceedings before a court, in order that that court
may decide without delay on the lawfulness of his detention and order
his release if the detention is not lawful."
Although exceptions are permitted "in time of public emergency which
threatens the life of the nation," Israel does it abusively. Doing so
also violates Fourth Geneva's Article 78 stating:
If the Occupying Power considers it necessary, for imperative reasons
of security, to take measures concerning protected persons, it may,
at the most, subject them to assigned residence or to internment."
"Decisions regarding such assigned residence or internment shall be
made according to a regular procedure to be prescribed by the Occupying
Power in accordance with the provisions of the present Convention. This
procedure shall include the right of appeal (decided on) with the least
possible delay. (If it's upheld), it shall be subject to periodical
review...."
Administrative detention should never substitute for customary criminal
proceedings. It's only permitted to prevent future lawless acts, never
without evidence, or to transfer protected persons to the occupying
power's territory.
Israel’s a rogue terror state. It spurns international law abusively.
It violates fundamental civil and human rights disdainfully.
It treats Palestinians like Untermenschen (sub-humans), doesn't care
if they suffer or perish, and acts toward them to assure it.
With no accountability, Israel gets away with murder. Palestinians bare
the cross. Their liberating struggle continues.
A Final Comment
For decades, many Palestinians hunger struck for justice. Khader Adnan
drew world attention and support. As a result, others like Hana are
helped.
Support's growing to release her. Like Khader, dignity's more important
than food. So is justice. Both show extraordinary courage. Few match
them.
The whole world's watching. Light's being shined on Israeli crimes.
We're all Khader Adnan and Hana Shalabi. Their struggle is ours.
Visit the FreeHana.org site for more information and updates, and lend
support to free her.
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge
discussions with distinguished guests on the Progressive Radio News
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