By / Commission of Detainees and Ex-Detainees Affairs
Commission of Detainees and Ex-Detainees Affairs said in its annual report that the year of 2015 experienced the biggest campaign of legislating arbitrary and racist laws against detainees in the Israeli jails, which violate all international and humanitarian laws and legislations based on legal and humanitarian justice.
The report stated that the current Israeli Knesset in 2015 is the most racist Knesset in the history of Israel. The Israeli legislative body has become a workshop of racist laws against the Palestinian people; including detainees. This reflects the deception promoted by the Israeli government claiming itself as a democratic state that protects human rights.
The commission explained that the series of laws and bills put forward to the Israeli Knesset during 2015 are considered to be hostile to democracy and international law. The laws are also intended to strengthen the military occupation of the Palestinian land and ensure its survival. The laws enacted by the Israeli Knesset are considered punitive laws against the Palestinian people, which portray a competition among members of the Knesset and extremist cabinet ministers in issuing the laws the violate the rights of the Palestinian detainees the most.
The commission reviewed the laws and bills that are hostile to the rights of detainees, which were discussed and approved by the Israeli Knesset during 2015, represented in the following:
Impose Force-feeding on the prisoners on hunger strike.
The Israeli government drafted a new bill on 14/6/2015 that enables the occupation authorities to impose force-feeding on prisoners who go through hunger strike. The Israeli Knesset on 30/7/2015 voted the bill into law.
This law is considered to be the most dangerous on the lives of detainees, who conduct hunger strike. Moreover, according to the International Red Crescent and the World Federation of Doctors, this law is deemed to be a kind of torture that endangers the lives of detainees, and an immoral procedure that is incompatible with the professional and medical norms and ethics.
The Federation of Doctors in Israel opposed this law and considered it a form of torture that causes risks to the health of detainees. It also urged all doctors in Israel to refuse compliance with this law and prevent other doctors from participating in force-feeding to the prisoners.
It is worth mentioning that this law was issued under the pretext of putting an end to the open hunger strikes done by the detainees against the administrative detention or in order to improve their living conditions. However, according to the Israeli Minister of Internal Security (Gilad Erdan), the hunger strikes pose a threat to the Israeli security.
The Israeli government has threatened to apply this law against the detainee Muhammad Allan who conducted an open hunger strike for 63 days protesting against his administrative detention.
Raising sentences of stone throwers
The Israeli Knesset approved in the third reading on a law that enables imposing the imprisonment for ten years for stone throwers, on 21/7/2015, even without proving the intent of harm. This law considered throwing stones a crime and divided it into to levels: 10 year sentences on stone throwers, absent the need to prove the intent of killing; while the law set the punishment for throwing stones with the intent of bodily harm at twenty years. The Israeli government ratified this law on 10/11/2015.
Raise the minimum sentencing laws on stone throwers in Jerusalem.
The Israeli Knesset drafted a new bill on 2/11/2015 submitted by the Israeli minister of justice (Ilat Shakid) that imposes 2-4 years of actual jail time on the stone throwers. The law also calls for the withdrawal of the national insurance allocations from the detainees of Jerusalem, and forcing them to pay compensations to the affected Israelis.
The law states, in relation to children from Jerusalem, on withdrawing the allocations of children from the family, the education grants, and financial extras such as the support of social affairs, disability and widows allowances.
The draft law enables charging any person of incitement without the need to prove the incitement act, where this is considered a violation of freedom of expression; especially regarding the activists on social networking.
The law of judging children under the age of 14
The Israeli Knesset ratified a draft law on 25/11/2015 which enables charging and imprisoning children under the age of fourteen with regards to the Palestinian children who are subordinate to the civil Israeli juvenile law.
The law states that the Israeli courts can charge children under the age of 12, but the imprisonment punishment to children at the age of 14. However, according to the Citizen Rights Association in Israel, the majority of countries forbid the imprisonment for children under the age of 14 and some of them forbid the imprisonment for children above the age of 14. Among 45 European states, 38 of them do not allow the actual imprisonment of children under the age of 14.
Search detainees without suspicion.
The Israeli ministerial committee of legislation ratified a draft law on 19/10/2015 enabling the police to conduct body searches on passers-by, even non-suspects under the pretext of combating violence, therefore every Palestinian becomes vulnerable to physical searches without suspicion.
Exempt the Intelligence from documenting the investigation.
The Israeli Knesset approved the extension of a temporary clause of law on 25/6/2015, which exempts Israeli intelligence services and Israeli police from documenting the investigations in video for five years.
This documentation would have prevented practicing torture against detainees and prevented the use of illegal methods practiced in the Israeli interrogation rooms in order to extract confessions. This exemption means the continuation of illegal measures during the interrogation.
Apply the Israeli criminal law in the occupied territories for the benefit of settlers.
Major General (Nitzan Alon), the military commander of the central district in the Israeli army, signed military order that changes the status quo in the West Bank and applies Israeli laws in the West Bank in order to “prevent the discrimination”, as he claims, between settles and the rest of the Israeli citizens.
The commander of the central district signed a military order to apply the Israeli criminal law on Palestinians who are judged in the occupied territories, with the exception of the so-called (Dromy) law, which does not include the settlers’ assault against Palestinians and relieve them from the criminal responsibility.
Draft law of execution for detainees.
On 2/6/2015 the Israeli ministerial committee of legislation submitted a draft law legalizing the extra-judicial, preventive or otherwise, execution of Palestinians and Palestinian detainees if suspected of the murder of Israelis.
Law of condemning the Palestinians without suspicions
On 27/7/2015 the Israeli ministerial committee of legislation approved a modified “terrorism law” submitted by the Israeli Minister of Justice to facilitate the conviction of strugglers and activists by the Israeli security bodies.
This law indentifies the act of terrorism as any act stemming from political, religious, national, or ideological motives, in the sense that the law considers any act that opposes the Israeli policy to be terrorism. The law also states that no prisoner shall be released if he is sentenced to more than on life sentence.