Omar Khamaiseh

Without a doubt, the phrase “After October 7th, nothing is the same as before” can also be applied to the conditions and Israeli policies toward Palestinian prisoners in its jails. Since the declaration of war, Israel has enacted and amended many laws and decisions targeting Palestinian detainees and prisoners that are in direct violation of international law and the conventions Israel has signed and is bound to uphold. These actions violate fundamental rights, putting prisoners at risk of torture, enforced disappearance, or even death. As a result of systematic torture or medical neglect, 13 prisoners have lost their lives since October 7, 2023, the most recent being prisoner Jomaa Abu Ghneima from the Negev, who died due to the deterioration of his health.

The treatment of Palestinian prisoners in Israeli prisons has gone from bad to worse, with their suffering escalating. Conditions behind bars and in solitary confinement now lack even the most basic elements of human life. This year, as we mark Palestinian Prisoners’ Day on April 17, the situation is more dire than ever. The numbers of arrests are growing, and violations against prisoners are escalating at an alarming and unprecedented rate. As of mid-March 2024, there are 9,100 Palestinian prisoners in Israeli jails, including 51 female prisoners (17 of whom are administrative detainees), 200 child prisoners, and 3,558 administrative detainees.

Before October 7, National Security Minister Itamar Ben-Gvir had set several goals for himself regarding Palestinian prisoners, such as “improving the level of punishment, imprisonment, and rehabilitation to prevent incidents.” To achieve these objectives, he outlined measures, the most notable of which was to increase the authority of prison officials over Palestinian prisoners in order to prevent “terrorism” by reducing the privileges granted to prisoners. However, fearing an explosion of security unrest, the implementation of Ben-Gvir’s policies was delayed. The events of October 7 removed any obstacle to further restricting and abusing Palestinian prisoners. Israeli authorities imposed a series of punitive measures as part of a collective punishment policy that borders on torture. Prisoners have lost all means of defending themselves and accessing fair legal procedures.

As part of the tightening on Palestinian prisoners, the Israeli Prison Service (IPS) declared a state of emergency in prisons on October 17, 2023. The IPS Commissioner-General confirmed the reduction of living conditions for security prisoners, stating that “what was previously allowed for security prisoners will no longer be the case.” Meanwhile, detainees from Gaza (since October 7) are being classified as “unlawful combatants,” directly under military jurisdiction, not the prison service. Israel prohibits any contact with them through the Red Cross or lawyers, and it does not disclose their names or conditions. When they appear before a judge, it is done without a lawyer and via video conference.

According to human rights reports, Palestinian prisoners in Israeli prisons face daily horrific forms of torture, abuse, and violations of their fundamental rights. It is important to note that attacks on Palestinian prisoners and the violations of their rights have been ongoing since the beginning of the occupation. Life for Palestinian prisoners inside Israeli prisons has never been “five-star.” But since October 7, the conditions and practices they endure have surpassed and violated all international norms and conventions, particularly international humanitarian law, the Fourth Geneva Convention, human rights principles, and the statutes of the International Criminal Court.

Some of the arbitrary measures imposed on Palestinian prisoners include:

• Keeping cell windows open 24 hours a day, with iron bars, causing freezing temperatures, especially during the night. Prison authorities confiscate blankets and clothes from prisoners, and if prisoners try to use their clothes to cover the windows, the prison service removes the extra clothing, increasing their suffering.
• Doctors have not visited the sections for a long time, despite critical and chronic medical conditions that require constant follow-up. Many patients are denied their medication, receiving only limited painkillers.
• The food is of extremely poor quality, undercooked, foul-smelling, and very little in quantity. The food also lacks meat, contrary to claims made by Minister Ben-Gvir.
• Prisoners are not allowed to go out to the yard for a break. Since October 7, 2023, they have not seen the sky or breathed fresh air.
• All electrical appliances, personal belongings, clothing, blankets, and pillows have been confiscated.
• Electricity is cut off daily from 6 PM to 6 AM, and radios and televisions are removed from the cells, leaving prisoners completely disconnected from the outside world.
• Cells are extremely overcrowded. A cell originally designed for seven prisoners now houses 14, with some prisoners sleeping on the floor.
• There are frequent assaults on prisoners, even for minor reasons or without cause, along with repeated raids on sections and units, with brutal suppression.
• The IPS has revoked all privileges earned by prisoners through years of struggle against oppressive policies. The canteen system (allowing prisoners to purchase food or essential items) has been abolished.
• Prisoners are denied family visits, and Israeli authorities have closed prisons to Red Cross representatives.
• Water for drinking is provided from the bathroom taps, and there is no hot water for showering.
• Prisoners are forbidden from obtaining clothing, with only one change of clothes and one set of underwear allowed. If their clothes get dirty, they must wash them and wait for them to dry before they can wear them again. Some prisoners are forced to stay in the same clothes for extended periods due to the cold and inability to wash their clothes.
• Prisoners can no longer appear before judges in person; instead, they are only brought to court via video conference.

Additionally, according to testimonies from dozens of prisoners collected by lawyers from the Physicians for Human Rights organization during their visits to different prisons, Israeli guards frequently use vulgar insults, slapping and punching prisoners while transferring them between cells. Prisoners are forced to kiss the Israeli flag, and those who refuse are beaten. Guards strip prisoners of their clothes and humiliate them during searches. Prisoners who file complaints about beatings and mistreatment in court or to their lawyers are punished further, often placed in solitary confinement or beaten even more.

This year, Palestinian Prisoners’ Day arrives in the midst of the worst and most difficult period ever endured by prisoners inside Israeli jails. Systematic violations of their rights and blatant abuse are ongoing, particularly against female prisoners, who face dire conditions in the Damon prison. These women prisoners, many of whom are mothers, have been deprived of seeing their children for months.

In light of these conditions, the responsibility falls on human rights organizations, lawyers, the media, and every concerned body to amplify the voices of the prisoners, demand visits to monitor their conditions, and remind the world of the suffering they endure due to Israel’s violations of their basic human rights. These actions violate international humanitarian law and the Fourth Geneva Convention, which have effectively become meaningless in the Israeli context and to those who support such policies.