Welcome To Hell Eng
Welcome To Hell Eng
August 2024
1
We were taken to Megiddo. When we got off the bus,
a soldier said to us: "Welcome to hell."
In compliance with the Israeli law that seeks to equate the receipt of international funding with
disloyalty, please note that last year, more than 50% of B’Tselem’s funding came from foreign state
entities. These are listed on the website of the Israeli Registrar of Associations (and elsewhere). Be
that as it may, we remain loyal to dismantling the apartheid and occupation regime and to protecting
human rights.
Welcome to Hell
August 2024
3
Welcome to Hell
Index
Introduction 5
3. Prison protocols 21
G. Living in darkness 42
B. Sleep deprivation 53
D. Sexual violence 58
9. Conclusion 112
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I n t rod uc t ion
Since the horrific Hamas-led attack on southern Israel on 7 October 2023, we have
been hearing every day of more and more crimes and atrocities that would have
been unthinkable in the not-too-distant past. Tens of thousands of civilians killed,
entire neighborhoods obliterated, over a million people turned refugees in one fell
swoop, civilians taken hostage and held as bargaining chips. In the West Bank, settler
violence is surging, a massive expulsion of Palestinian communities is underway,
and violence by Israeli armed forces is rampant. Countless human-made disasters
that the mind cannot countenance and the heart cannot contain. Amid this tragic
reality, state mechanisms are undergoing terrifying systemic changes, in a cynical
exploitation of the loss, fear and vengefulness sweeping the country.
This report concerns the treatment of Palestinian prisoners1 and the inhuman
conditions they have been subjected to in Israeli prisons since 7 October.
B’Tselem collected testimonies from 55 Palestinians incarcerated in Israeli prisons
and detention facilities during this time. Thirty of the witnesses are residents
of the West Bank, including East Jerusalem; 21 are residents of the Gaza Strip;
and four are Israeli citizens. They spoke with B’Tselem after they were released
from detention, the overwhelming majority of them without being tried. Their
testimonies uncover a systemic, institutional policy focused on the continual
abuse and torture of all Palestinian prisoners. This includes frequent acts of
severe, arbitrary violence; sexual assault; humiliation and degradation; deliberate
starvation; forced unhygienic conditions; sleep deprivation; prohibition on,
and punitive measures for, religious worship; confiscation of all communal
and personal belongings; and denial of adequate medical treatment. These
descriptions appear time and again in the testimonies, in horrifying detail and
with chilling similarities. The prisoners’ testimonies lay bare the outcomes of a
rushed process in which more than a dozen Israeli prison facilities, both military
and civilian, were converted into a network of camps dedicated to the abuse
of inmates. Such spaces, in which every inmate is intentionally condemned to
severe, relentless pain and suffering, operate in fact as torture camps.
1 In this report, the terms "Palestinian inmates" and "Palestinian prisoners" refer to Palestinian detainees, con-
victed prisoners and administrative detainees classified as "security prisoners" by the state.
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Introduction Welcome to Hell
Just before the war started, the overall number of Palestinians incarcerated by
Israel and classified as "security prisoners" was 5,192, with about 1,319 held without
trial as "administrative detainees." In early July 2024, there were 9,623 Palestinians
incarcerated in Israeli prisons and detention facilities, 4,781 of whom were detained
without trial, without being presented with the allegations against them, and
without access to the right to defend themselves.2 In the months since the war
started, thousands more Palestinians have been arrested, held for varying periods
of time, and released without charges.
The circumstances and pretexts for arrest varied. Among the prisoners, both male
and female, are physicians, academics, lawyers, students, children and political
leaders. Some were jailed simply for expressing sympathy for the suffering of
Palestinians. Others were taken into custody during military activity in the Gaza
Strip, on the sole grounds that they came under the vague definition of "men
of fighting age." Some were imprisoned over suspicions, substantiated or not,
that they were operatives or supporters of armed Palestinian organizations.
The prisoners form a wide spectrum of people from different areas, with varying
political opinions. The only thing they have in common is being Palestinian. These
people found themselves on their way to detention, handcuffed and blindfolded,
for an unknown period of time.
The reality described in the prisoners’ testimonies can only be explained as the
outcome of the ongoing dehumanization of the Palestinian collective in Israeli
public perception. This process, underway with varying intensity since the Nakba
2 See here, HaMoked: Center for the Defence of the Individual website. Among the 4,781 prisoners held with-
out trial, 3,379 are defined as "administrative detainees," and 1,402 are defined as "illegal combatants."
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Welcome to Hell
and the establishment of the State of Israel, has become so firmly entrenched
since the war that it is now prevalent and accepted in Israeli public discourse. Calls
by public figures and politicians for genocide and mass expulsion of Palestinians
have become commonplace.3 The Israeli media reverberates and normalizes this
incendiary speech, and barely reports on Palestinian victims, while a large majority
of Jewish Israelis display indifference to the killing of tens of thousands of civilians
in the Gaza Strip and hundreds in the West Bank. In this social climate, the abuse
of Palestinian prisoners is tolerated and even welcomed.
The first inklings of this shift were a series of political moves to downgrade
conditions for Palestinian prisoners over the past few years. Specifically, several
decisions by the Israeli government, including/and especially Minister Ben Gvir,
months before the war marked a significant policy change. Among other things, Ben
4 A Channel 14 televised report (Hebrew) that aired on 1 February 2024, shows a tour of Ketziot Prison, during
which Prison Commander Brigadier General Yosef Knipes was interviewed. The story described the harsh con-
ditions in which Hamas operatives are incarcerated as a result of Minister of Public Security Itamar Ben Gvir’s
policies. See also, a story (Hebrew) in the ultra-Orthodox newspaper "Mishpacha," which contains impressions
from a visit to Katziot prison after October 7. The reporter notes he joined an IRF unit for one of four daily counts.
5 About Ben Gvir’s decision to terminate IPS Commissioner Katy Perry and appoint Lieutenant General Koby
Yaakobi, see here.
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Introduction Welcome to Hell
Gvir issued directives to limit family visits6 and cancel the option of early release.7
Some of the changes he instated clearly have no other purpose but to torment
Palestinian prisoners. They include reducing the time allocated for showers,8 and
canceling prisoners’ ability to prepare their own food and buy from the canteen.9
6 On the security implications of Minister Ben Gvir’s policy, see ynet (Hebrew); for an English language story
about the family visit restrictions, see Haaretz.
7 On the decision and its implications for prison overcrowding, see Israel Hayom; for an English language story
about early release, see Haaretz.
8 On the decision as part of Minister Ben Gvir’s overall policy of downgrading Palestinians’ incarceration con-
ditions, see ynet.
9 On the decision as part of Minister Ben Gvir’s overall policy of downgrading Palestinians’ incarceration con-
ditions, see ynet. For an English language story about pita bread baking, see Jerusalem Post.
10 See interview on Walla website (Hebrew) with Negev (Ketziot) Prison Commander Brigadier General Yosef
Knipes. Some of these statements are also printed in a Jerusalem Post story.
11 See a ynet (Hebrew) report regarding a letter sent by Lieutenant General Koby Yaakobi to the senior IPS
command upon taking office. For an English language story, see Haaretz.
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A clear indicator of the severity of the situation and the moral degradation of
the Israeli prison system can be seen in the number of Palestinian prisoners who
have died in Israeli custody since the war started – no less than 60. Forty-eight
of them were from the Gaza Strip. Some of these perished in the new military
detention camps, and others died on their way there, likely due to extreme
violence at the hands of soldiers transporting them from the Gaza Strip to Israel.12
B’Tselem is aware of another 12 Palestinians who died in IPS custody. In some
cases, the circumstances strongly suggest abuse and deliberate withholding of
medical attention.
In the face of all this, the legal gatekeepers, such as the High Court of Justice and
the State Attorney’s Office, ostensibly entrusted with upholding the rule of law
and protecting human rights, have bowed their heads in submission to Ben Gvir’s
agenda, allowing abuse and dehumanization to become the governing logic of
the prison system.
The result is a system specializing in torture and abuse where, at any given moment,
many thousands of Palestinians are held behind bars, most without trial, and all in
inhuman conditions.
12 Haaretz: Israeli Army Conducting Criminal Investigation Into 48 Deaths of Gazans During War, Mostly Detainees.
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Introduction Welcome to Hell
The story of Israel’s incarceration project did not begin on 7 October, nor with
Itamar Ben Gvir’s appointment as minister. Its roots run much deeper. The current
situation, horrifying as it is, cannot be fully understood without examining the
key role of this project in the social and political oppression of the Palestinian
collective over the years.
The prison system is one of the most violent and oppressive state mechanisms
that the Israeli regime uses to uphold Jewish supremacy between the Jordan
River and the Mediterranean Sea. Israel has incarcerated hundreds of thousands
of Palestinians from all walks of life over decades, as a way of undermining and
unraveling the social and political fabric of the Palestinian population. The scale
of the project speaks for itself: according to various estimates, since 1967, Israel
has imprisoned over 800,000 Palestinian men and women from the West Bank
(including East Jerusalem) and the Gaza Strip, which accounts for about 20% of
the total population and about 40% of all Palestinian men.13
The cycle of suffering and the mental effects of imprisonment are not limited to
the prisoners themselves. They are felt by relatives, friends, acquaintances and the
entire community. It is no coincidence that Israeli prisons have become central to
the Palestinian experience and national ethos. The scale of Israel’s incarceration
project means there are hardly any Palestinian families without a family member
who has been through the Israeli prison system: children whose parent was
sent to prison; women and men who had to raise their children alone; parents
whose children were taken from them, sometimes for years; families who had to
spend a great deal of money, even go into debt, to pay legal fees; students whose
classmates suddenly disappeared with no explanation. A host of family and social
relationships is violently disrupted when a person is put behind bars.
13 See: Ben-Natan, "The Boundaries of the Carceral State: Accounting for the Role of Military Incarceration".
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The mass incarceration project plays a key role in the system of control and
repression that the Israeli apartheid regime inflicts on its Palestinian subjects. The
sheer scale evinces that one goal, as with many other Israeli practices towards
Palestinians, is to "burn a message into Palestinians’ consciousness," and unravel
the fabric of their community. The constant threat of arrest and imprisonment,
with the attendant implications, are meant to deter Palestinians from taking part
in any political action or political discourse about their lives and futures under
Israeli rule; they are meant to clarify that any attempt, however inconsequential,
to resist Israeli repression and apartheid might be met with detention without
trial, violence and even torture.
The dehumanization of Palestinian prisoners begins the moment they are arrested,
as their individual identity is erased and they are treated as a homogenous, faceless
mass – whether the prisoner is a veteran doctor from Gaza, a teen from East
Jerusalem, a student from Haifa or a military wing operative of an armed group.
All are deemed "human animals" and "terrorists" simply because they are behind
bars, whether their detention was justified or arbitrary, lawful or not. This is how
abuse, degradation, and the violation of rights becomes permissible. Arbitrary and
extreme violence, withholding medical care from the injured or ill, denying food
and water in overcrowded cells – none of these would have been possible if the
guards saw Palestinians as human.
The logic at the base of the incarceration project is the same followed by the
Israeli apartheid regime elsewhere. The differentiation between Palestinian
prisoners from Gaza, the West Bank and Israel, and the varying laws and practices
applied to them interchangeably, demonstrate how the Israeli regime tears apart
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Introduction Welcome to Hell
and reconstructs the Palestinian collective to fit its needs. Likewise, the arbitrary
violence, unleashed without rhyme or reason, and the anxiety that the guards
instill in prisoners are essentially similar to the routine violence applied against
Palestinians to uphold the regime of occupation and apartheid. The guards’
systematic violation of Israel’s own laws resembles the constant violation of rules
and regulations by Israeli soldiers and police officers in the Occupied Territories,
or when engaging with Palestinian citizens of Israel. This also holds true for the
obligations, albeit partial, that Israel has undertaken to fulfill as the occupying
power, but never does in practice.
The testimonies presented here tell the story of how Israel’s prison system turned
into a network of torture camps.
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1.
Background & Methodology
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14 According to an Israel Prison Service (IPS) report, as of the morning of 20 June 2024, the total prison pop-
ulation (criminal and "security" inmates) was 21,801 – an increase of over 5,440 inmates since the war began
(the total prison population before the war was 16,353). See: Special Report of the Public Defender’s Office on
Conditions of Incarceration in the Prison Service Facilities (Hebrew). According to HaMoked: Center for the
Defence of the Individual figures, as of July 2024, approximately 10,000 detainees, prisoners and administrative
detainees defined as "security inmates" are incarcerated in various prison facilities in Israel, see here.
15 See, e.g. HCJ 7439/23 al-Wahad et al. v. Israel Defense Forces (dated 31 October 2023); HCJ 7637/23 Qishtah
et al. v. Israel Defense Forces et al. (dated 6 November 2023); HCJ 7946/23 Abu ‘Abed and 567 others v. Israel
Defense Forces et al. (dated 13 November 2023); HCJ 9021/23 Wadi and 61 others v. Israel Defense Forces
(dated 18 February 2024).
16 See requests from the Attorney General to the Ministry of Public Security for clarifications about prison
conditions for "security" inmates: Noa Shpigel, Israeli Gov’t Approves Temporary Plan to Address Overcrowd-
ing of Palestinian Prisoners, Haaretz English Edition, 18 October 2023; Attorney General’s Demand Regarding
the Conditions of Terrorists in Prison – and Ben-Gvir’s Response, Maariv Online, 11 April 2024 (Hebrew); Yaki
Adamker and Shlomi Heller, Attorney General Requests Clarifications on the Conditions of Terrorists in Israeli
Prisons, Walla, 11 April 2024 (Hebrew). Minister of National Security, Itamar Ben Gvir responded on his Twitter
account, for example here (Hebrew).
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Background and methodology Welcome to Hell
confiscation of all personal belongings and more. The overall picture indicates
abuse and torture carried out under orders, in utter defiance of Israel’s obligations
both under domestic law and under international law, as detailed below.
The next phase was sealing off prisons to external oversight by denying meetings
with legal counsel and family visits, and refusing access to monitoring and
oversight bodies.17 Holding thousands of detainees without judicial review for
weeks, sometimes months, denying family visits and prohibiting the entry of
ICRC and human rights organization representatives were made possible thanks
to emergency regulations and temporary orders enacted under the pretext of
"dynamic needs," allegedly arising from the ongoing war.18 However, in practice,
these measures are aimed at completely isolating prisons from the outside world,
in itself a violation of the inmates’ human rights and of Israel’s obligations under
international law, and to prevent even minimal oversight of what happens inside
the prison system.
The transition from what appears to have initially been spontaneous acts of
vengeance to a permanent, systematic regime stripping away all protections
designed to uphold and ensure the most basic rights of Palestinian prisoners did
not occur in a legal vacuum. It would not have been possible to begin with, were
it not for the government exploiting its powers to enact draconian, injurious
"emergency regulations" without having to go through the ordinary legislative
process, which is subject to some measure of control and oversight.
Put together, the testimonies presented below, each of which reflects a personal
trauma experienced by the witness, provide a detailed depiction of the current
harsh reality behind bars in Israeli prisons. They serve as a serious indictment
against everyone involved – from the IPS (Israel Prison Service) Commissioner
and its legal advisor, through the State Attorney’s Office and the MAG (Military
Advocate General’s) Corps, all the way to the Supreme Court. These testimonies
17 The first Public Defender’s report on IPS prisoners and prison conditions came out four months into the war,
on 6 February 2024; see Public Defender’s Office website (Hebrew). Per Minister of National Security Ben Gvir’s
policy, ICRC visits have been banned as well. See here (Hebrew).
18 Incarceration of Unlawful Combatants Law Amendment No. 4 and Temporary Order – Swords of Iron,
5783-2023, Book of Laws 3203 p. 780 (hereinafter: the Temporary Order). Under the Temporary Order, the
times allotted for temporary confinement, being held prior to judicial review, and denial of meeting with legal
counsel have been extended from time to time, and the judicial review process has been changed. A petition
on this matter is pending before the High Court of Justice: HCJ 1414/24 The Public Committee Against Torture
in Israel et al. v. Knesset of Israel et al. (hereinafter: the judicial review petition).
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19 HCJ 1892/14 Association for Civil Rights in Israel v. Minister of Public Security, paragraph 33 of the opinion
of Supreme Court Vice President Rubinstein (June 13, 2017).
20 During hearings in the judicial review petition (see supra note 18) held recently, the State was instructed to
respond to the Court’s request to establish a system for processing complaints by detainees regarding prison
conditions, given the long wait times for judicial review and a meeting with legal counsel currently stipulated
in the law. See: Bar Peleg, About 4,000 Gazans Were Arrested Since the Outbreak of the War, More Than 1,500
Were Released Due to Lack of Evidence, Haaretz, 27 May 2024 (Hebrew).
22 List of relevant prison facilities: Sde Teiman, Negev Prison (Ketziot), Megiddo, Gilboa, Etzion Camp, Nafha,
Kishon, Ramla, Ashkelon, Ofer, Damun, Ramon, Anatot, Be’er Sheva, Hasharon, Russian Compound.
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2.
The normative framework
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2.
T h e n ormat iv e f ramework
Another UN document, the Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment,25 concerns the obligation to treat
prisoners humanely, stipulating, among other things, that all prisoners have the
right to receive visits from family members and communicate with them, the
23 See, e.g., European Convention on Human Rights of 1950 (ECHR), which enshrines prisoners’ rights and
from which the European Court of Human Rights draws its authority. The ECHR states that prisoners retain all
human rights not denied as a result of the incarceration itself. See also Benny Spanier, Israel (Issy) Doron and
Faina Milman-Sivan, "Discovering Europe: Israelis at the European Court of Human Rights," Alei Mishpat (Law
Pages) 12 (5785) (Hebrew).
24 See details below in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT), which Israel signed in 1986 and ratified in 1991; According to the Rome Statute (1998),
which established the International Criminal Court in The Hague, torture is a crime against humanity and a war
crime; The principle underlying the Statute dates back to the English Bill of Rights of 1689, Bill of Rights 1688, 1
Will and Mar sess 2 c. 2 (Eng.); Art. 5 of the UN Universal Declaration of Human Rights of 1948, UN General
Assembly, Universal Declaration of Human Rights, 217 A (III) (10 Dec 1948) 54; and in Art. 7 of the International
Covenant on Civil and Political Rights from 1966 (ICCPR), International Covenant on Civil and Political Rights,
UN General Assembly, Dec. 16.
25 The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment was
adopted in 1988. The document is available here.
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The normative framework Welcome to Hell
right to communicate with legal counsel and the right to file complaints with the
competent authorities concerning their treatment and incarceration conditions,
particularly torture and cruel or inhumane punishment. The document also
stipulates the state must ensure oversight of prison facilities by an appointed
external body. The Standard Minimum Rules for the Treatment of Prisoners,
now known as the Mandela Rules,26 is another important UN document. The
rules listed in this document concern prison conditions, including the obligation
to maintain an adequate level of cleanliness and hygiene, comply with medical
standards, provide good quality food that meets prisoners’ nutritional needs, and
allow prisoners contact with the outside world. These rules are aimed at ensuring
that the penalty imposed on prisoners does not amount to cruel or degrading
punishment and that prison facilities come under regular, proper oversight.
The Convention sets out the rules, rights and obligations applicable to the occupier
when using its power to arrest and/or imprison protected persons.29 Article 119
26 The Rules were adopted by the First United Nations Congress on the Prevention of Crime and the Treat-
ment of Offenders in 1955 and approved in July 1957. The document is available here. In 2015, the title was
changed to The Nelson Mandela Rules (hereinafter: the Mandela Rules).
27 Iris Canor, "Israel and the Territories: On Private International Law, Public International Law, and What’s in
Between," Mishpat Umimshal (Law and Government) 8 (5768): 569.
28 Israel signed the Convention on 8 December 1949, ratified it on 6 July 1951 and published it in September 1965
– Geneva Convention relative to the Protection of Civilian Persons in Time of War, 75 U.N.T.S. 287 (1949).
See mainly Arts. 3, 27, 31 and 32 (hereinafter: Fourth Geneva Convention).
29 Art. 79 of the Fourth Geneva Convention, which lays out the basic guiding principles for the conditions un-
der which a protected person may be arrested. See on this also Art. 41 of the Convention; HCJ 253/88 Ibrahim
Hamid Sajdeyyah et al v. Minister of Defense, 42(3) 801 (1988).
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To remove any doubt, the standards set by these conventions are "customary
norms," which are binding even if not incorporated into domestic law. Inasmuch
as the norm stipulated in the Convention does not contradict a norm in domestic
law, the court is obligated to interpret domestic law as compatible with the
provisions of the Convention.37
30 Art. 37 of the Fourth Geneva Convention stipulates as follows: "Protected persons who are confined pending
proceedings or serving a sentence involving loss of liberty, shall during their confinement be humanely treated."
31 Art. 32 of the Fourth Geneva Convention stipulates a blanket prohibition on the use of torture against pro-
tected persons or any other intentional infliction of suffering.
32 Article 91 of the Fourth Geneva Convention, for instance, requires providing access to medical examinations.
33 Art. 89 of the Fourth Geneva Convention stipulates an obligation to provide detainees with a sufficient
amount of water, as well as food "sufficient in quantity, quality and variety to keep internees in a good state of
health." Detainees are also entitled to receive the means necessary to prepare their own food.
34 Art. 90 of the Fourth Geneva Convention stipulates the obligation to provide detainees with enough ap-
propriate clothing, including underwear.
35 With respect to protected persons incarcerated for criminal offenses, Art. 76 of the Fourth Geneva Convention
states: "Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall
serve their sentences therein." Smadar Ben-Natan, "The boundaries of the carceral state: Accounting for the role
of military incarceration," Theoretical Criminology, Vol. 28(1), (2024): 12-16; see also the communication to the ICC
raising the claim that the forcible transfer of detainees from the occupied territory to Israel is a war crime.
36 The ruling in HCJ 253/88 Sajdeyyah et al. v. Minister of Defense held that administrative detainees could
be held in Ketziot Prison. However, this is a controversial interpretation given the prohibition on deportation
and forcible transfer enshrined in Art. 49(1) of the Geneva Convention. On this and other issues related to the
incarceration of Palestinian prisoners on Israeli soil see, HCJ 2690/09 Yesh Din et al. v. Commander of the IDF
Forces in the West Bank et al., in which the Court held that where Israeli law contradicts international law,
the Court must follow Israeli law.
37 Binyamin Rubin, "The Adoption of International Conventions into Domestic Law," Mishpatim (Laws) 13 (5744)
(Hebrew); Yaffa Zilbershats, "The Assimilation of International Law into Israeli Law – The Law Present is the Law
Wanted," Mishpatim (Laws) 24 (5574) (Hebrew). The binding force of human rights law, including prisoners’
rights, stems from international conventions complemented and enhanced by customary international law. Cus-
tomary law is one of the main sources of international legal obligations, as stipulated in Art. 38 (1) (b)
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3.
Prison protocols
21
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3.
P rison P rot oc ol
From 7 October 2023 to early July 2024, Israel arrested thousands of Palestinians in
the Gaza Strip, the West Bank and inside Israel. While just before the war, the total
number of Palestinians in Israeli prisons was 5,192, in July 2024 it had climbed to
9,623.39 Israeli prisons were overcrowded even before 7 October, with Palestinian
prisoners held in cramped conditions. The surge in the number of inmates made
matters worse, producing inhuman conditions in prison cells pushed beyond
capacity, where many prisoners were forced to sleep on the floor. "Routine life"
was abruptly disrupted, and minimal living conditions provided to the prisoners
until then were scaled back until they were effectively denied. The testimony
below reflects these drastic changes:
38 of the Statute of the International Court of Justice, which interpreted this Article as follows: "It is of course
axiomatic that the material of customary international law is to be looked for primarily in the actual practice
and opinion juris of States Case Concerning Continental Shelf" (Libyan Arab Jamahiriya v. Malta, ICJ (27§ 30–29
p. 1985, Reports ICJ 1985, June 3, Jud(. For an exhaustive review on the subject see also: Leslie Sebba and Rache-
la Erel, "Freestyle Imprisonment: On the Implementation of International Human-Rights Norms in the Israeli
Prison System", Hukim (Laws) 10 (2017): 131-138 (Hebrew).
38 See Temporary Order – "Reduced Routine Operations During War," dated 16 October 2023 (extended
periodically since). Prison conditions, including movement of Palestinian detainees, were scaled back to a mini-
mum, such that prisoners are allowed out of their cells only for showering rather than throughout the day; they
have no access to the canteen; all personal belongings have been confiscated; access to radio and television
has been denied, and lights remain off through most of the day.
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Prison protocols Welcome to Hell
Until the war, I was held in tents in the Negev Prison and the
conditions were reasonable. After the war broke out, I was
transferred with all the other inmates to
cells on 15 October 2023. That’s when our We’d never
ordeal began. […] That morning, as early experienced
as 6:00 A.M., we heard prisoners in other anything like
wings shouting and screaming. It sounded that before.
like they were being slaughtered! We’d Inmates on
never experienced anything like that before. our wing were
Inmates on our wing were crying in fear over crying in fear
what might happen to them. Some sat in the over what
corner of the tent, crying […] Three hours might happen
after the raid on the other wings began, the to them.
guards reached our wing and started clearing Some sat in
it out. They brought in reinforcements from the corner of
outside the prison who raided the wings with the tent,
firearms. Members of those units took us crying
out of the cells and beat us. They took away
all our belongings, including letters from my late mother and
documents and articles I was using to study for a master’s degree
in prison. They also poured out the food products we had: frying
oil, olive oil, spices.
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Welcome to Hell
on my fingers and toes. They were hard as rock, cracked and blue.
They’ve gotten a lot better since I was released.
[…] We were all in bad shape mentally and focused only on survival.
We all thought of only one thing – hoping to hear that the war
was over and there was a prisoner exchange deal. But we didn’t
get any information from the outside world, with no TV, radio or
other source of news. When we tried to ask the guards, they beat
us, humiliated us and abused us.
The IPS held organized publicity tours to showcase the downgrading of prison
conditions and flaunt the dehumanizing treatment of Palestinian prisoners.40 As
40 A Channel 14 televised report about a tour of Ketziot Prison in February 2024 shows prison commander
Brigadier General Yosef Knipes pointing out the harsh prison conditions received by Hamas prisoners under
Ben Gvir’s tenure at the Ministry of National Security (hereinafter: Ketziot commander Knipes), available here
(Hebrew). A printed story in the ultra-Orthodox newspaper Mishpacha recounts impressions from a visit to
Ketziot Prison, quoting Knipes as saying: "We can categorically say that the new policy and the tone set from
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Prison protocols Welcome to Hell
the top are good for us – the executive authority. When government-level officials back decisions and give the
professionals in the field the powers needed to get the job done properly, it produces the desired outcomes...
And it can be said with certainty that the odds of any terrorist finishing their prison time and returning to
terrorist activity drops sharply. The most logical thing that could be is... that they’ll be afraid of it, that it’ll get
etched in their consciousness." Available here (February 2024) (Hebrew).
41 See: Moshe Nusbaum, The Song that the Nukhba Terrorists Hear in Prison Non-Stop – the National An-
them, Mako, 14 November 2023 (Hebrew); Alon Hakmon, As the Anthem Plays in the Background: Ben Gvir
visited the Facility Where the Nukhba terrorists are Kept, Maariv, 15 November 2023 (Hebrew).
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Overcrowding was a well-known issue in the Israeli prison system long before
7 October, and has been deliberated by Israel’s High Court of Justice.43 In that
matter, the Supreme Court instructed the state to provide, within a set timeline,
minimal, adequate living spaces to persons held in state custody, as required by
the right to living in dignity. The state has yet to fully meet these requirements.44
Shortly after 7 October, and as a result of the wave of mass arrests carried out by
Israel in the West Bank and Gaza Strip, prison authorities pushed cell occupancy
past capacity. Later, on 18 October, the minister in charge declared a "prison
state of emergency" as part of emergency legislation,45 which effectively allowed
the government to get around the Supreme Court’s ruling and not comply with
its instructions on minimum living spaces. This legislation produced a serious,
substantive violation of the most basic human rights of Palestinian prisoners, who
have been held for months in overcrowded, stifling conditions that have made
their living spaces unfit for human habitation.
42 The Mandela Rules expressly mention an obligation to provide adequate living space. Art. 10(1) of the ICCPR
also states: "All persons deprived of their liberty shall be treated with humanity and with respect for the inherent
dignity of the human person." This provision has been interpreted by the UN Human Rights Committee, the body
in charge of applying the ICCPR, as obligatory (see on this, HCJ. 1892/14 Association for Civil Rights et al. v. The
Minister of Public Security et al., paras. 49-51). Furthermore, in international law, prison conditions, including
adequate living space, have been ruled to fall under the prohibition on cruel and inhuman punishment in Art. 7 of
the ICCPR and Art. 16 of the CAT, which was ratified by Israel (1991).
43 See HCJ 1892/14 Association for Civil Rights et al. v. Minister of Public Security et al. (hereinafter: over-
crowding case).
44 See the State’s latest response to the overcrowding case from December 2023, available here (Hebrew); see
media stories, as well (Hebrew).
45 On 18 October 2023, the Minister of National Security announced a "prison state of emergency," which has
since been extended every three months over the course of the war and into the present. "Security conditions in
Israel produced a need for additional prison spots, which precludes compliance with living space requirements
or the right to a bed. This means prison directors may lodge prisoners in conditions that deviate from these
requirements and have them sleep on a mattress (which must be double) rather than a bed". See Amendment
to the Prison Ordinance (No. 64 Temporary Order – Swords of Iron) (Prison Emergency) 5784-2023; on
the right to a bed, see, Sec. 9(b)(2) of the Criminal Procedure Law (Enforcement Powers – Arrests) 5756-1996.
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The testimonies indicate cell occupancy more than doubled. Cells intended for six
prisoners held 12 to 14 prisoners at a time, with "excess" inmates forced to sleep on
the floor, sometimes with no mattress or blanket.
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The Mandela Rules, which, as noted, stipulate the minimum standard for the
treatment of prisoners, address living conditions and especially emphasize the
cubic content of air in the room, light and ventilation.46
Following the radical change in prison protocols, some inmates found themselves
locked in their cells throughout the entire day; others were allowed out for an
hour once every few days in order to shower. Prisoners described being denied
the right to access the yard – a vested and protected right of prisoners – for their
entire incarceration, which sometimes lasted six months or more.47 Some never
saw daylight during their time in prison, and others described the impact of being
locked in crowded cells on their health.
When we arrived [at the prison], they put me in cell All you
68 in wing 12. I think that wing is designated for dream
Hamas prisoners. The cells were dilapidated and it of in
looked like we were the first ones to be put in them. there is a
It smelled damp and there was mold on the walls. breath of
It was impossible to breathe inside. All you dream fresh air.
of in there is a breath of fresh air. The cells had no
windows facing the yard, and they were connected by
a long, roofed corridor, so no sunlight or clean air came through.
[…] There were no walks or breaks in the yard, and our legs almost
atrophied from too much sitting. The cell was very crowded, and
it was almost impossible to walk.
From the testimony of Muhammad Srur
34, a father of two and resident of Ni’lin in Ramallah District, who was in the Etzion
detention facility and in the Ofer and Nafha prisons.
Full testimony
46 See Rules 13-14 of the Mandela Rules. In this regard, an obligation to ensure lighting and ventilation has
been established, such that places where prisoners are held have windows large enough to allow them to read
or work under natural light, in addition to supplying artificial lighting. The rules also stipulate an obligation to
allow fresh air to enter, regardless of the presence of a ventilation system.
47 The right to an hour outside the cell in the open air for physical exercise and maintaining prisoners’ health is
enshrined, for instance, in Rule 21 of the Mandela Rules on minimum standards for the treatment of prisoners, and
in domestic law, in Sec. 9 of the Criminal Procedure Regulations (Enforcement Powers – Arrests) (Detention
Conditions) 5757-1997, which enshrines the right to an "excursion hour" and walking in the fresh air each day.
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Until the war, we were allowed out of the cells for 12 hours,
between 6:00 A.M. and 6:00 P.M., and could walk in a large
lot outside, to be in the sun. But since 7 October, we were only
allowed out for the shower, and we’d look there for the few rays
of sunlight that came through a hole in the wall. On the days
we couldn’t shower, I bathed in the toilet bowl with cold water,
using the pitcher for hand washing before prayers.
From the testimony of S.B.
a resident of East Jerusalem | Full testimony
Another major change in prison procedures since 7 October concerns the frequency
of roll calls and cell searches and how they are conducted. These practices no
longer serve their original purpose, and have become an opportunity for prison
guards to unleash severe violence and another tool for humiliating and degrading
prisoners. Roll call was held three to five times a day, and sometimes included a
search of the cell. Most of the witnesses related that inmates were forced to crowd
together, facing the wall, with their heads bowed down to the floor and their
hands interlocked on the back of their necks, in some cases kneeling in prostration
as during prayer. Unlike the past, cell searches became a daily occurrence, even
though the cells had been almost entirely emptied of personal belongings.
The rules for roll call also changed completely. Each inmate had
to stand, put both hands on his head and bend his neck. One of
the guards read out the names over loudspeaker, and each inmate
had to answer he was present.
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away our mattresses every day between 6:00 A.M. and 10:00 P.M.
From the testimony of S.B., a resident of East Jerusalem | Full testimony
In the West Bank, Israel made several amendments to military legislation,48 including
an amendment to Section 33 of the Order regarding Security Provisions [Incorporated
Version] (Judea and Samaria Area) (No. 1651) 5760-2009, which governs the use
of "combat arrest" – an arrest made during counter-terrorism operations – and
applies only when there is concern the detainee might pose a threat to the security
of the area, the forces, the military or the public. The amendment extends the
time a detainee may be held before being brought before a judge to receive an
administrative detention order to eight full days, even though the detention periods
permitted in security legislation are already much longer than the standards set in
international law, and in comparison to the times stipulated in Israeli law.49
Using a different approach to arrests made in the Gaza Strip, Israel brought these
under the infamous and controversial Incarceration of Unlawful Combatants
Law (2002),50 in a bid to deny Gaza detainees the status of "prisoners of war" or
"protected persons," which affords them various protections under international
humanitarian law.51 In practice, most Gaza residents who were detained did not
48 On 7 June 1967, the Military Commander signed the Proclamation Concerning the Entry into Force of the
Order Concerning Security Provisions (West Bank Area) (No. 3), 5727-1967, according to which the Order Con-
cerning Security Provisions (West Bank Area) 1967, will come into effect that day.
49 See, e.g., HCJ 10720/06 Farid v. Military Court of Appeals (2007); HCJ 3368/10 Ministry of Palestinian
Prisoners v. Minister of Defense (2014).
50 As well as criminal arrest warrants. See, e.g., HCJ 2254/24 Musa v. Israel Defense Forces et al. (2 May 2024)
.
51 Though Israel did significantly extend the period of time in which detainees can be held without judicial re-
view or meeting with legal counsel in the West Bank via security legislation and criminal warrants, in its view,
Israel was constrained by provisions of international law from extending these periods as radically as it did in
the case of Gaza detainees.
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actively participate in the fighting and were taken into custody in a mass wave
of arbitrary arrests. Under this law, thousands of Palestinians were automatically
tagged as "enemy combatants" with no factual basis to support this. Defining them
as such allowed Israel to hold them for extremely long periods of time with no
external review whatsoever, while, even in its original format, the detention powers
prescribed in the law were deemed to "significantly and seriously violate the personal
liberty of the prisoner" and the means it provides for were found to be "exceptional".52
52 CrimA 6659/06 A. v. State of Israel, 62(4) 329 (2008), translation from Versa Website, Benjamin N. Cardozo
School of Law of Yeshiva University, see here.
53 On 13 October 2023, the government enacted the Emergency Regulations (Time Frames for Processing Un-
lawful Combatants during War or Military Operations) 5784-2023. The regulations were enacted pursuant to
Section 39(f) of Basic Law: The Government. They were initially valid for three months, up to January 2024, and
have since been extended several times, most recently up to 31 July 2024. See on this matter, Response on behalf
of the State, HCJ 1414/24 Public Committee Against Torture in Israel et al. v. Knesset et al. (pending), available here.
54 The Incarceration of Unlawful Combatants Law (Amendment No. 4 and Swords of Iron Temporary Order)
5764-2023, dated 18 December 2023, stipulated the longest time frames, allowing 75 days before detainee is
brought before a judge (compared to 14 days prior); temporary confinement order may be extended for up to
45 days (instead of 96 hours, as prescribed by law, Sec. 10(a)(a)(3)); meeting with legal counsel can be withheld
for up to 45 days, or 180 with a supervisor’s approval (compared to 10 and 21 days respectively). The Temporary
Order has recently been amended again, providing a maximum period of 90 days for denying meeting with
legal counsel (Incarceration of Unlawful Combatants Law (Amendment No. 4 and Swords of Iron Temporary
Order) (Amendment) 5764-2024 (published on 7 April 2024, Book of Laws 3203, p. 780)).
56 The High Court of Justice instructed the State to respond to the proposal to institute a system for examining
complaints made by Palestinian detainees about prison conditions within a week. In the hearing of the petition
brought against the law, which currently allows holding detainees for 45 days without judicial review, Justice
Kasher said: "I am looking for someone in whose ear one can scream, ‘They’re doing awful and terrible things
to me." See here (Hebrew).
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detainees and prisoners would be held via Zoom video conferencing, and they
would not be physically brought before the judge hearing their case.57
The obligation to bring every detainee before a judge for judicial review without
delay is derived from the right not to be subjected to arbitrary arrest, a cornerstone
of international humanitarian law and international human rights law. Article 9
of the ICCPR (1966) enshrines the right not to be arbitrarily deprived of liberty
through arrest or incarceration. This provision includes both a duty to promptly
inform the detainee of the reason for the arrest and the duty to bring them
before a judge for judicial review at the first opportunity.58 It is important to note
that the ICCPR does allow limiting the application of Article 9 and suspending
some of the rights it prescribes in times of national emergencies and crises.59
The vast majority of the witnesses whose testimonies are presented here went
days, weeks, and in some cases, months before being brought before a judge for
the first time. In keeping with the temporary order, and barring exceptional cases,
57 See, Law regarding Video Conference Hearings for Prisoners and Detainees (Temporary Order – Swords of
Iron) 5764-2023, extended until 19 August 2024.
59 Art. 4 of the ICCPR states as follows: "In time of public emergency which threatens the life of the nation and
the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures
derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of
the situation, provided that such measures are not inconsistent with their other obligations under international
law and do not involve discrimination solely on the ground of race, color, sex, language, religion or social origin. 2.
No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision."
60 See also Art. 5(3) and 5(2) of the ECHR which stipulate the rights to access and to information regarding the
arrest. The European Court of Human Rights had ruled that although Article 6 of the ECHR does not explicitly
state as much, access to the courts is included in prisoners’ right to due process; see Golder v. UK (21 February
1975), European Court of Human Rights.
61 Section 11(1) of the Body of Principles stipulates a ban on keeping individuals in detention without giving
them "an effective opportunity to be heard promptly by a judicial or other authority."
62 Art. 43 of the Fourth Geneva Convention establishes the obligation to conduct a judicial review as early as
possible, and at the same time, Art. 5 of the Convention states that in times of war and emergencies, it is pos-
sible to suspend certain rights, including this right.
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the hearings themselves took place remotely via Zoom, and in at least two cases,
the detainee attended the hearing using nothing more than the prison guard’s cell
phone. In these circumstances, judges are unlikely to observe whether detainees
are injured, hurt or physically deteriorated, and the menacing presence of the prison
guards inhibits prisoners from complaining to the judges or reporting the torture
they underwent. In the few cases in which prisoners dared to complain about their
treatment, the guards made sure to take revenge on them for it.
[…] During the hearing, I also spoke about how we were brutally
attacked and abused by the guards during transfers, but the judge
didn’t pay attention to that. After the hearing, on the way to the
cell, the IPS people took revenge on me for complaining about
their behavior. They hit and kicked me brutally the whole way.
Three days after I reached Ofer Prison, I had a court hearing. The
prison guard took me out of the cell, and I watched the hearing
over Zoom on his phone. The lawyer told me I was issued an
administrative detention order for six months. I asked the judge
why I was given administrative detention, and he said that it was
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The right to legal representation is enshrined in Article 14 of the ICCPR and derives
from Article 27 of the Fourth Geneva Convention, which also stipulates detainees’
63 Commission Ordinance No. 04.05.00 "Definition of Security Prisoner"; For the distinction between incar-
ceration conditions for security and criminal prisoners, see, inter alia, Oriana Almasi, Security Prisoners’ Incar-
ceration Conditions in IPS Facilities, Knesset Research and Information Center (2015) (Hebrew); see also, Leslie
Sebba and Rachela Erel, "Freestyle Imprisonment: On the Implementation of International Human-Rights
Norms in the Israeli Prison System", Hukim (Laws) 10 (2017): 9, supra note 37 (Hebrew).
64 See, Commission Ordinance 03.02.00, "Rules for Security Prisoners"; Alon Harel, "Who Is a Security Prisoner
and Why? An Examination of the Legality of Prison Regulations Governing Security Prisoners," in Threat – Pal-
estinian Political Prisoners in Israel, eds. Abeer Baker & Anat Matar, (2011), p. 37.
65 See HCJ 2254/24 Abu Musa v. IDF et al. (dated 2 May 2024), para. 2: "Given the Incarceration of Unlawful
Combatants Law... according to which, the maximum period of time in which denying meeting with legal
counsel is permitted is 90 days, the first and third remedies in this petition have become moot in light of the
option to arrange a meeting with legal counsel."
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Similarly, the European Court of Human Rights ruled that holding detainees in
conditions of isolation and depriving them of communication for an extended period
of time, which can be detrimental to their psychological integrity, amounts to cruel
and inhuman treatment and constitutes a violation of Article 3 of the European
Convention on Human Rights. The prohibition this article places on torture and
abuse is complete. It applies during war and emergencies and cannot be suspended.67
67 Ilascu and Others v. Russia and Moldova, Application 48787/99, paras. 432, 442.
68 In the transcripts of a hearing held by the Foreign Affairs and Defense Committee (p. 15), a representative
of the Southern District Attorney’s Office notes: "They aren’t represented. No one has been represented to this
day. They haven’t had lawyers. They’re under a meeting ban, and the bill seeks to extend the time frames for
denying meetings in this context too."
69 See Respondent’s response in HCJ 7753/23 Association for Civil Rights et al. v. Minister of National Security
et al., available here, as well as the response of the Minister of National Security in HCJ 2858/24 Association
for Civil Rights in Israel v. Minister of National Security, served to the Petitioners separately from the State’s
response, available here.
70 The first Public Defender’s report on prisoners and prison conditions came out only four months into the
war, on 6 February 2024, and is available (in Hebrew) on the Public Defender’s Office website here.
71 According to media reports, it was the office of Itamar Ben Gvir, Minister of National Security, on whose
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I was in Ofer for about 12 days and during that There was no
whole time I wasn’t interrogated, didn’t receive contact with
a visit from a lawyer or from family, and didn’t anyone on
see a judge. None of the detainees knew what the outside,
they were suspected of, and everyone was in a not even the
state of tension and uncertainty. There were Red Cross.
no family visits and there was no contact with
anyone on the outside, not even the Red Cross. We were cut off
from the news and the outside world
behalf it was stated as an act of public policy, that visits to security detainees by the Red Cross and/or human
rights organizations should not be permitted, see here (Hebrew).
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After 7 October, they also confiscated all the Qurans, and when
the guards found a Quran during a search,
they would throw it on the floor and stomp When the
on it. The prayer mats and prayer beads were guards found
also confiscated, and prayer was prohibited a Quran
in general – both group and individual. It was during a
forbidden to pray out loud, and there were search, they
prisoners who were beaten for praying alone would throw
out loud. They allowed detainees to resume it on the
praying individually a month before Ramadan, floor and
but silently. Prayer with a silencer! […] We stomp on it.
would do the prayer ablutions without water,
because we just didn’t have any.
From the testimony of Z.H., a resident of East Jerusalem | Full testimony
72 The media reported that IRF personnel raided the cells in the wing upon hearing the sound of prayer before
Ramadan, see here (Hebrew).
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The right to keep personal property in a cell derives from the obligation to ensure
adequate life in detention, and is expressed in both international and domestic
law.73 One of the very first steps taken by prison authorities as soon as the war
began was to confiscate all shared and personal property that Palestinian prisoners
kept in their cells. As prisoners faced shrinking living spaces and downgraded living
conditions, they were also left without a change of clothes and shoes, kettles, radios,
TVs, soap, cleaning materials and even food they had purchased in the canteen.
Everything was removed from the cells, including books and personal documents.
73 The Mandela Rules list prison conditions and rules for protecting personal property and prisoners’
rights to keep clothing, bedding etc.; Art. 97 of the Fourth Geneva Convention stipulates that inmates
should, generally, be permitted to retain personal effects during their incarcerations and any items taken
from them are to be returned upon their release; the Tel Aviv District Court has ruled that Regulation 5
of the Criminal Procedure Regulations (Enforcement Powers – Arrests) (Detention Conditions), 5757-1997
prescribes detainees’ rights to keep personal possessions in their cells (stationery, books, religious objects,
board games, radios, shoes, wedding ring or watch, electric kettle, etc.) (Case (Prisoner Petition) Tel Aviv
District Court 62518-05-17 Gali v. Israel Prison Service (4 July 2017)). In this ruling, the court gave a dual
interpretation to the purpose of the regulation – both with respect to the conditions meeting the obli-
gation to enable an adequate life in detention, and to recognize the prisoner’s connection to the outside
world and their previous surroundings.
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G. Living in darkness
The Fourth Geneva Convention explicitly states that holding detainees in facilities
without daylight is prohibited and constitutes a form of cruelty.74 The blanket
policy applied in prisons after 7 October, on alleged security grounds, included
keeping inmates in cells without lighting in all prisons.75 Inmates were kept in
darkness through the entire day, except during roll call. In wings where almost no
daylight penetrates, they had difficulty navigating spaces due to the complete lack
of lighting. As they were also denied a fresh air break in the yard, they remained in
darkness for days and weeks.
The light would only turn on from 6:00 to 10:00 P.M. The first
floor was very dark, and even during the day it felt like night.
The second floor was slightly better. I was on the second floor
in November and December, and then moved to the first floor
during January and February.
From the testimony of Muhammad Salah
27, a resident of Burqah in Nablus District, who was held in Megiddo Prison
Full testimony
75 See State’s response to HCJ 7753/23 Association for Civil Rights v. Minister of Public Security, regarding the
living conditions of the security prisoners, including the decision to cut off electricity and lighting (hereinafter:
the living conditions case).
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4.
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4.
Ph y s i ca l an d p syc hol og ica l a bu se
Various instruments, including ones signed by Israel, contain an explicit and absolute
prohibition on any type of torture.79 The Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which Israel signed
in 1986 and ratified in 1991,80 requires States parties to take steps to prosecute and
punish perpetrators.81 The ICCPR also contains an explicit provision to this effect.82
76 According to Art. 16.2 of the CAT; Art. 7 of the ICCPR stipulates: "No one shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment." The full text of the ICCPR is available here.
77 See Judgement of the International Criminal Tribunal for the former Yugoslavia Trial Chamber decision re-
garding the impossibility of derogating from this provision, para. 144 of the decision, available here.
78 For a discussion of the formation of this legal status see Nigel Rodley, The Treatment of Prisoners under
International Law, 2nd edition (Oxford: Oxford University Press, 1999), ch. 2.
79 Art. 32 of the Fourth Geneva Convention stipulates a blanket prohibition on the use of torture against
protected persons or any other intentional infliction of suffering. Art. 37 of the Convention states: "Protected
persons who are confined pending proceedings or serving a sentence involving loss of liberty, shall during their
confinement be humanely treated." Another source on the rights of prisoners that prohibits torture and inhu-
mane treatment is the UN Universal Declaration on Human Rights. Another normative source is the Commis-
sion on Responsibilities – which was established as part of the Paris Peace Conference in 1919. See also: The
Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties (1919), S.C. Res.
955, annex, art. 4, UN Doc. S/RES/955 (Nov. 8, 1994), see here.
80 The CAT defines torture in Art. 1 as follows: "[A]ny act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person infor-
mation or a confession, punishing him for an act he or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any
kind [...]. "See on this, HCJ 5100/94 Public Committee against Torture in Israel v. Government of Israel and Shin
Bet, (hereinafter: the torture case) (English translation available on Israeli Supreme Court website here).
82 Arts. 7 and 10 of the ICCPR respectively concern punishment in general and punishment particular to indi-
viduals deprived of their liberty.
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Torture has been defined as both a crime against humanity83 and a war crime84
in the Rome Statute, the constitution of the International Criminal Court in The
Hague.85 The UN Security Council resolutions that established the international
criminal tribunals for the former Yugoslavia and Rwanda86 included torture as one
of the Geneva Convention violations under the tribunals’ jurisdiction.87
83 Art. 7(1)(f) of the Rome Statute. Art. 7(2)(e) defines torture as, "[T]he intentional infliction of severe pain or
suffering, whether physical or mental, upon a person in the custody or under the control of the accused [...]."
85 According to the Rome Statute, the ICC has jurisdiction to consider four categories of international crimes:
the crime of genocide, crimes against humanity, war crimes, and the crime of aggression.
87 S.C. Res. 827, U.N. Doc. S/RES/827 (May 25, 1993); see William A. Schabas, "The Crime of Torture and the
International Criminal Tribunals," Case Western Reserve J. Int’l L., 37(2), (2006): 349.
88 Nigel Rodley, Matt Pollard, The Treatment of Prisoners Under International Law, 186 (3rd. ed., 2009): 59-62.
89 According to the IPS Ordinance, a security prisoner is a prisoner who committed an offense for nationally
motivated reasons and/or belongs to a declared terrorist organization and/or is the subject of a Shin Bet secu-
rity threat report (Commission Order 04.05.00).
90 See IPS Commission Ordinance No. 03.02.00 "Rules for Security Prisoners" (15 March 2002).
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The scope of violence emerging from the testimonies clarifies that these are
not isolated, random incidents, but rather an institutional policy integral to the
treatment of prisoners. This conduct, its various elements and the many officials
directing and practicing it, raises genuine concern that serious criminal offenses are
being committed under Israeli law, as well as grave breaches of Israel’s international
law obligations that may amount to war crimes and even crimes against humanity.
They held me and then beat me. One of them kicked me hard in
the chest. I was pushed back and crashed into one of the others,
who started screaming and cursing. He grabbed a mirror with a
thick wooden frame and tried to hit me in the head with it, but
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the others stopped him. They forcibly undressed me, took off my
pants and underwear, and tied my shirt over my head like a mask.
Then they hit my testicles with force. After that, the guards picked
me up and sat me on the metal frame of a sink. They brought two
more prisoners and told them to watch while
they beat me. I was still naked, and I saw them They forcibly
through the thin shirt that was covering my undressed
head. The guards pulled their hair to lift their me, took off
heads and forced them to open their eyes to my pants and
watch me. underwear,
and tied my
I took several punches in the waist area, until shirt over my
blood came out of my mouth. One of them head like a
came up to me, spat in my face, took me down mask.
from the frame and lifted my pants a little.
From there, they led me to cell 5 in wing 6, with my head bent
and my hands tied. There were two female guards standing at
the door of the cell, and I passed between them naked, meaning,
with my pants not covering my genitals.
From the testimony of A.H., a resident of Hebron District | Full testimony
Pepper spray, stun grenades, sticks, wooden clubs and metal batons, gun butts
and barrels, brass knuckles and tasers are just some of the instruments used to
torture and abuse prisoners according to the testimonies, in addition to setting
dogs on prisoners, beating, punching and kicking. These assaults often led to severe
injuries, loss of consciousness, broken bones, and in extreme cases even death, as
described further below.
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Physical and psychological abuse
Assault dogs were one of the means used to terrorize and physically harm prisoners.
Testimonies reveal that setting dogs on inmates has become part of the new prison
routine. These attacks were carried out inside or outside the cells, usually using muzzled
dogs – but in at least one case without a muzzle, in defiance of IPS protocols.91
91 See in this context, Freedom of Information Request 310/22: Receiving Instructions and Figures on the Use
of Dogs for Enforcement (4 April 2022) (Hebrew), as well as the Operations Division Procedure 220.013.52,
"Handling an Aggressive Dog," provided in response. Available here (Hebrew).
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They gathered all the detainees they wanted to transfer and took us
to buses. What happened next was very traumatic. As soon as they
took us out of the cell, they lined us up, and the prison staff and the
Nachshon unit members beat us brutally with rifles and clubs and
punched and kicked us. The worst was when they let their dogs
attack us. The dogs were muzzled, but it was very frightening, and
they scratched our faces and hands with their claws.
From the testimony of Musa ‘Aasi
58, a father of five and resident of Beit Liqya in Ramallah District, who was held
in the Etzion detention facility and in the Nafha and Negev (Ketziot) prisons
Full testimony
Facing the continual and unrelenting threat of severe, unyielding violence, prisoners
remained alert at all times and unable to protect themselves.
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to kill us and beat us badly. They also played loud music at night.
We still had no blankets or mattresses. We barely survived those
10 days. We felt that death was hovering over us every minute.
From the testimony of Ashraf al-Muhtaseb
53, a father of five and resident of Hebron, who was held in the Etzion detention
facility and in the Ofer and Negev (Ketziot) prisons | Full testimony
They ordered us to sing and repeat the phrase "Am Yisrael Chai"
(the People of Israel live). They demanded each of us, in turn, to
say it. Anyone who refused was beaten. I refused, and then one
of the soldiers pushed my head down between the two seats and
hit me on the back and head. After that, he told me to say the
sentence after him and continued to press on my head. He moved
on to someone else each time, and then came back to me. They
told us they were taking us to Gaza to kill us there.
[…] On the way, the "party" started: "Am Yisrael Chai," shouting,
"you’ll die in Gaza." They beat us and swore at us. We were filmed,
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B. Sleep deprivation
92 For example, the UN Committee against Torture, which has the competency to interpret human rights
conventions, criticized Israel’s Supreme Court, noting that in order to meet its obligations with respect to CAT,
it should have prohibited the use of measures amounting to torture, such as sleep deprivation, in its ruling in
the torture case (supra note 5). Committee against Torture, Summary record of the 496th meeting: Israel, U.N.
Doc. CAT/C/SR.496, para. 80.
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They didn’t let us sleep, either, only three hours a night. In the last
three days, they didn’t let me sleep at all, in the day or in the night.
The soldiers would sing in Arabic and put on music in Arabic to keep
us from falling asleep. Then I really felt I was going crazy.
From the testimony of Shaimaa Abu Jiab Abu Ful
32, a resident of Jabalya R.C., who was held in the Anatot and Damun prisons.
Full testimony
In this wing, they played loud music all night. Rap songs, and
most of the time the song "Am Yisrael Chai" ("the People of Israel
Live"). They cursed our mothers on the loudspeakers. […] the
prison administration left the lights on all night. I turned off the
light in the cell because we couldn’t sleep. During morning roll
call, the officer asked who turned off the light, and then he and
other guards beat me and the other prisoners on the head and
then they left.
From the testimony of A.H., Hebron District | Full testimony
The next day, two guards came and took me I didn’t know
to a cell the size of 1.5 square meters with no what time it
toilet. I was in that cell alone formore than was or what day
three months. […] The light was on 24/7 and it was. I had no
I lost track of time. I didn’t know what time one to talk to.
it was or what day it was. I had no one to I almost went
talk to. I almost went crazy in there. crazy in there.
From the testimony of M.A., Hebron District | Full testimony
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Given the high risk of harm to prisoners and the violation of their rights during
transitions, international law has enshrined provisions designed to ensure
prisoners’ safety during transport. The Fourth Geneva Convention contains
specific provisions for detainee transports, focusing on the duty to uphold their
human dignity and prescribing an express duty to avoid physically harming
detainees in these situations.94
The testimonies attest to severe violence used against prisoners during transfers:
whether between prison facilities, in prison waiting areas (also known as
"transitions") used as way stations prior to admission into prison or travel out of
it, and sometimes during transitions between wings and other areas inside the
prison itself.95 In some cases, prisoners are escorted by soldiers, and in others by
members of the IPS Nachshon unit, the official prisoner transport unit in Israel
and the West Bank.
Transitions act as somewhat of a "no man’s land," usually outside prison walls,
away from watchful eyes and surveillance cameras. Prisoners are transported
blindfolded, in handcuffs, and in most cases in legcuffs, too. They often do not
know where they are being taken or how long the journey will take.
I stayed in that cell until 1 November, and then they took me and
49 other detainees to a waiting cell for transfer. It was a tough
transfer. Our hands and feet were tied (without blindfolds), and
the Nachshon people who escorted us set their dogs on us, beat us
with batons, mainly on the back and legs, and kept cursing Hamas
leaders. We received humiliating treatment in the waiting cell
too. From there, they took us to the bus. The whole business,
from the moment they took us out of the cells until they put us
on the bus, took from 6:00 A.M. to 11:00 A.M., meaning five hours
in a row of humiliation, abuse and unbearable beatings. […] After
about three hours of a tough, tiring journey, we arrived at Nafha
94 See Art. 127 of the Fourth Geneva Convention which states, inter alia, that: "The transfer of internees shall
always be effected humanely."
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Prison. We were taken out of the bus and on the way to the cell,
were treated the same way we were treated at Ofer Prison. They
set dogs on us, beat us badly and hurled insults at us.
[…] That day, at 4:00 P.M., my name was suddenly called. I wasn’t
told I was being released, so all kinds of thoughts ran through my
head, for example that they were going to take me to isolation.
Two of the guards lunged at me for no reason
and beat me for 30 minutes, until I couldn’t They forced
move anymore. Then they took me to a me to walk in
transport vehicle and put me in a cage inside front of them,
it. I was shackled like this: iron cuffs on my pointing their
legs, on my hands, and tying in my hands weapons at
and legs. Being shackled like that bent my me. I thought
back and it hurt. But the worst was the fear. I maybe they
didn’t know where they were taking me. The were going to
ride took a long time. I don’t know how long, kill me.
because I lost my sense of time. We reached
a dark area. I was taken out of the vehicle and the shackles were
removed. They forced me to walk in front of them, pointing their
weapons at me. I thought maybe they were going to kill me,
because no one knew what was going on with me and it would
be very easy to claim that I’d been shot trying to escape. They led
me left and right. We walked about 500 meters. They led me to a
checkpoint, which I later found was a-Dhahiriyah Checkpoint.
From the testimony of Muhammad Srur
34, a father of two and resident of Ni’lin in Ramallah District, who was held in the
Etzion detention facility and in the Ofer and Nafha prisons | Full testimony
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along with two others. Until then, every time I tried to get out,
they picked someone else. When one of the guards signaled me
to move forward, I had trouble getting through the opening
because I bent over so low according to their instructions. I heard
someone say in Hebrew (which I understand very well), "Kill him."
Then they put me back in the posta and all of them beat me with
clubs. I tried to protect myself with my hands, and then one of the
guards said several times that I was raising my hands because I
was going to attack him. I understood that they wanted me to try
to hit someone so they could hit me even more, but I was careful
not to react in any way.
From the testimony of Sami Khalili
41, a resident of Nablus who had been serving a prison sentence since 2003 and was
held in the Negev Prison (Ketziot) | Full testimony
Several cases of Palestinian detainee deaths during transport from Gaza to Israel,
including transport for interrogation, have been reported since the start of the
war. The deaths were apparently the result of constant beatings by the soldiers
put in charge of transporting the detainees.96
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D. Sexual violence
The prohibition on sexual violence is derived from the prohibition on torture and
the duty to protect the human dignity of the prisoners. The International Criminal
Tribunal for the former Yugoslavia interpreted Article 27 of the Fourth Geneva
Convention, which establishes the duty to protect – at all times – the human
dignity of the prisoners, as including a duty to refrain from sexual violence, in its
ruling in Delalic.97
A similar prohibition is found in the Rome Statute, which states that when
systematically committed against the civilian population, sexual violence amounts
to a crime against humanity.100 Article 54 of the Statute101 prescribes that the ICC
Prosecutor should pay special attention to crimes and offenses of this kind.
97 Prosecutor v Zdravko Mucic aka ‘Pavo’, Hazim Delic, Esad Landzo aka ‘Zenga’, Zejnil Delalic (Trial Judgment)
[1998] Int Crim Trib Former Yugosl ICTY IT-96-21-T Para 476).
98 The Prosecutor v Jean-Paul Akayesu (Trial Judgment) [1998] International Criminal Tribunal for Rwanda,
Trial Chamber I ICTR-96-4-T, Int Crim Trib Rwanda ICTR96-4-T para 688.
99 This definition has been adopted elsewhere. See, The Akayesu Trial Chamber’s definition of sexual violence
was affirmed by the Trial Chamber in Musema: The Prosecutor v Alfred Musema (Trial Judgment) [2000] Inter-
national Criminal Tribunal for Rwanda, Trial Chamber I ICTR-96-13-A, Int Crim Trib Rwanda ICTR-96-13-A para
965; See also Catharine A. MacKinnon, "ICTR’s Legacy on Sexual Violence: The Recognition of Rape as an Act
of Genocide: Prosecutor v Akayesu, "New England Journal of International and Comparative Law 211, (2007): 14.
101 Article 54(1)(b) of the Rome Statute; see also: Office of The Prosecutor Policy On Gender-Based Crimes,
"Crimes involving sexual, reproductive and other gender-based violence" (2023).
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I was shaking with fear, and then they pounced on me. One of
them slapped me, and the other spat in my face and said to me in
Arabic: "Yihya Sinwar will die." They ordered me to repeat what he
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Physical and psychological abuse Welcome to Hell
said. Two of them stripped me like the other prisoners, and then
threw me on top of the other prisoners. One of them brought a
carrot and tried to shove it in my anus. While he was trying to
shove the carrot in, some of the others filmed me on their cell
phones. I screamed in pain and terror. It went on like that for
about three minutes.
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Welcome to Hell
Then one of the guards grabbed me roughly by the neck and led
me 500 meters to a waiting room. On the way I was hit again and
again on the back, cursed and humiliated, and I felt I might pass
out. […] They threw me in a filthy waiting room with two other
detainees. From there, they later took me to get strip-searched.
They stripped me while my eyes were still covered, beating me in
the process. They said, "You’re Hamas" and hit different parts of
my body while I was completely naked.
From the testimony of Ashraf al-Muhtaseb
53, a father of five and resident of Hebron, who was held in the Etzion detention
facility and in the Ofer and Negev (Ketziot) prisons | Full testimony
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5.
Deprivation of adequate
living conditions
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The Mandela Rules, which govern all issues concerning the prison population
and imposes a general duty to ensure punishment is not cruel or degrading.
The document details what rights prisoners have and what duties states carry
with respect to basic standards to ensure minimal prison conditions. The Rules
were adopted by the UN in the late 1950s.103 In 2015, the title was changed to the
Nelson Mandela Rules. The duties imposed in the Mandela Rules include providing
adequate means to maintain hygiene and cleanliness; prepared, quality food of
nutritional value, in sufficient quantities and at set intervals; drinking water at all
times; access to a bed and clean bedding; appropriate clothing and the required
amount of clean clothes. The Rules also stipulate a duty to give prisoners an hour
for physical exercise and fresh air outside the cell and to maintain prisoners’ health.
Alongside these provisions, Palestinian prisoners and detainees also come under
the provisions of international law as protected persons living under occupation,
as noted above. The Fourth Geneva Convention establishes several obligations
and rules concerning the living conditions the state must provide to protected
persons in its custody.104
103 The Rules were adopted by the First United Nations Congress on the Prevention of Crime and the Treat-
ment of Offenders in 1955 and approved in July 1957.
104 See, Art. 49 of the Fourth Geneva Convention, which stipulates an absolute prohibition on transferring
protected persons from the occupied territory to the territory of the occupying power. Domestic law also con-
tains provisions regarding living and incarceration conditions for persons in its custody. Sec. 9 of the Arrest Law
and the Regulations enacted pursuant to it, stipulate, among other things, a right to an "excursion hour," and
a daily walk in the open air; clean bed, mattress and blankets; a change of clothes; a towel and basic hygiene
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Deprivation of adequate living conditions Welcome to Hell
items; adequate medical care if necessary; a shower that is separated from the toilet and sink; reasonable light-
ing and ventilation in the cell; adequate living space, and more. Sec. 11 of the Prisons Ordinance stipulates that
prisoners shall be held in appropriate conditions that do not harm their health and dignity. The Court ruled this
is a self-evident fundamental right (HCJ 221/80 Darwish v. IPS, 1980). A 2012 amendment to the Ordinance de-
fined adequate conditions as: proper sanitary conditions; conditions that allow maintaining personal hygiene;
bed, mattress and blankets; reasonable lighting and ventilation. The Ordinance also addresses personal effects,
food and medical care (all of which are discussed in detail in the following sections). The Prison Regulations
(Incarceration Conditions) define specifics: a window in the prison cell or alternative ventilation in windowless
cells; a toilet and a sink in the cell, with the toilet separated from the living quarters to maintain privacy; shower
separate from the toilet; a shower that provides hot water daily; lighting that allows reading; table, shelves and
seats in each cell; a supply of soap and toilet paper in reasonable quantities; washing of bedding at a frequency
that ensures their cleanliness (discussed in the overcrowding case, supra note 43).
106 "Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty,
shall during their confinement be humanely treated."
107 After the media reported in December 2023 that detainees at the Sde Teiman facility were being kept in
fenced enclosures, blindfolded and handcuffed for most of the day, the IDF released an update that a compe-
tent committee would examine incarceration conditions, the treatment of detainees, the proper management
of prison facilities and their compliance with the provisions of the law and the rules of international law: Yaniv
Kubovich and Bar Peleg, The Chief of the General Staff Appointed a Committee to Examine the Conditions of
Confinement of Gazan Detainees in the Sde Teiman and Other Facilities, See Haaretz, 28 May 2024 (Hebrew).
For an English language report, see here.
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Israel has an obligation and a responsibility to care for the health of all persons in its
custody. Nevertheless, many witnesses said that prison guards and medical staff at
the detention facilities and prisons refrained from providing essential medical care
or refused to do so, even in life-threatening situations. Various witnesses stated
medical staff told them they were following the instructions they were given.
The reckless, cruel attitude that prison authorities, guards, and to no lesser extent,
medical crews, showed for the lives and health of inmates came fully across in the
prisoners’ testimonies. With the exception of a handful of cases, prison guards as
well as medics and medical teams chose to turn a blind eye at best, and lend a
hand and cooperate with denying medical treatment, at worst.
108 Thus, Art. 91 of the Fourth Geneva Convention requires the provision of access to medical examinations
and treatment. Additionally, Art. 92 of the Convention states routine medical inspections are to be held month-
ly and include an examination by a physician of inmates’ health, including their state of nutrition, whether they
suffer from any diseases and whether they are receiving proper medical care. Art. 76 mandates that the duty
to provide medical care applies to detainees, prisoners, administrative detainees and protected persons serving
sentences for criminal offenses.
109 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, supra note 25.
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When someone got sick, they didn’t get treatment. Every now
and then, a medic would come and ask the prisoners about pain
or illnesses, but he didn’t really check us. He just talked to us
through a small opening in the cell door and asked the prisoner,
"What’s wrong?" and then he would suggest a drink of water or
give him paracetamol. In the last week or 10 days of my detention,
the medic didn’t come at all.
From the testimony of Muhammad Srur
34, a father of two and resident of Ni’lin in Ramallah District, who was held in the
Etzion detention facility and in the Ofer and Nafha prisons | Full testimony
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I sat on the gravel with the other detainees until evening, while
the soldiers beat them on and off. They didn’t give us any food. I
asked to go to the restroom and they allowed me, but they didn’t
allow the young guys. They hit anyone for making the slightest
move. I felt familiar symptoms of my blood sugar and heart rate
rising. I asked the soldiers to let me take medication I brought
with me, but they refused.
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In some cases, medics and other medical staff admitted to prisoners that they
received instructions not to provide medical treatment and medication to
inmates, even when the treatment in question was life-saving. The most prisoners
received by way of medical treatment was, in the majority of cases, a tablet of
acetaminophen (paracetamol) and nothing more.
That’s how it was until the war broke out on 7 October 2023. Then
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The medic came and tried to check the pulse of the unconscious
prisoner through the window in the door. He apologized to us
and said there was no medicine, hospital or clinic. He gave me a
paracetamol pill and left.
From the testimony of A.H., Hebron District | Full testimony
The nurse told us the new guidelines were that we only get
medical treatment in life-threatening situations. That’s why
they gave Tylenol for everything. In our cell, for example, there
were seven prisoners who suffered from rashes and pimples.
They were itchy all the time and suffered a lot, but they got no
ointment or treatment. Some prisoners had scabies.
From the testimony of S.B., East Jerusalem | Full testimony
A medic
Since 7 October, the infirmaries have stopped would come
operating. They reopened the infirmary in with the
the last month of my detention, but they guards
didn’t let more than two prisoners a day in, during roll
out of 1,300 prisoners in Wing C, where I was. call and bring
These are people who hadn’t gotten medical one Tylenol
treatment for five months. A medic would for all ten
come with the guards during roll call and prisoners in
bring one Tylenol for all ten prisoners in the cell.
the cell. In other words, the treatment for
everyone’s ailments was one Tylenol pill.
From the testimony of Z.A., East Jerusalem | Full testimony
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The denial of medical care and improper treatment of patients often led to horrific
outcomes, causing long-term injuries. One example can be found in the testimony
of a prisoner held in the Sde Teiman military detention facility, whose leg had to
be amputated as a result of injuries caused by soldier violence, harsh incarceration
conditions, inadequate treatment, and indifference and negligence on the part of
the facility’s personnel.
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got back to me. I was in pain for a week and had a high fever. The
soldiers took me in a minibus to a hospital in the interrogation
center, and on the way, they hit my injured leg with batons and
with their guns and stepped on my legs. I screamed in pain. A
soldier asked me: ‘Which of your legs is hurt?’ and started hitting
me hard on that leg, brutally. Even when they
took me off the minibus, they kept hitting me
"You have to
on the leg and head. Pus started oozing out
choose: Your
of the wound […] When we arrived, I waited
leg or your
about two hours for the doctor, on the ground,
life. It’s your
blindfolded with my hands and feet tied. Then
choice."
they put me on the bed and took off my clothes, still blindfolded
and with my hands and feet tied. They put me in a diaper. I passed
out. I didn’t even feel them examining me. When I woke up,
someone told me: "You’ve had surgery." I was still blindfolded. I
didn’t know if the person talking to me was a doctor or a soldier.
I wasn’t given any information about the surgery. I asked them
how my leg was doing, and they said it was fine. They gave me
intravenous painkillers and did a glucose test. Three days later,
I had another operation. They said it was to clean and disinfect
the leg. I was in a lot of pain and very hungry, but I couldn’t say
anything. I stayed there for about 10 days, and they just changed
my bandage. I looked underneath the blindfold and saw bones
and a bandage. Then they took me in an ambulance, blindfolded
and handcuffed. Some soldiers got into the ambulance with me
and they hit my injured leg the whole way. I was in a lot of pain. I
didn’t shout because they beat those who shout more.
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living conditions
to Hell
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The state has a duty to provide individuals in its custody with food in reasonable
quantities, both as part of its general obligation to ensure their health and pursuant
to specific provisions of international law.110 In that regard, the Fourth Geneva
Convention establishes the obligation to provide food of a quantity, quality and
variety sufficient to maintain prisoners’ health and to ensure their condition does
not deteriorate due to nutritional deficiencies. The Convention also stipulates that
prisoners should be allowed to purchase food in a canteen and keep cookware to
prepare food independently, in addition to the food supplied by prison authorities.111
The reduced amounts of food provided to Palestinian prisoners and limited calorie
intake are part of the new policy declared by the Minister of National Security when
he first took office. The events of 7 October provided the necessary excuse for the
minister to execute his well-laid plan.112 As the minister himself proudly stated, he
was the person who instructed the IPS to refrain from providing Palestinian prisoners
with the minimum amount of food required, and to give them less food and of
poorer quality than what criminal prisoners receive. The minister even made sure to
publicize the fact that he issued orders to reduce the amount of food further, once
he found out that the daily calories provided to the prisoners were slightly above
the "minimum required threshold," though in practice, and as emerges from the
testimonies, the IPS is far from supplying even the meager menu it put in place.113
110 On the duty to provide healthy, quality food in sufficient quantities, see also Rule 22 of the Mandela Rules.
112 Upon taking office, Minister Ben Gvir declared his number one priority for the IPS was downgrading prison
conditions for Palestinian prisoners (see: Meir Turgeman, "Acting IPS Commissioner Presents: ‘A Revolution
per Minister Ben Gvir׳s Policy: ‘Downgrading Terrorists’ Prison Conditions: No. 1 Priority," Ynet, 24 January 2024
(Hebrew). On 9 November 2023, Minister Ben Gvir held a meeting to discuss the budgetary implications of the
Gaza war for the IPS, including the cost of food for Palestinian prisoners: "At the conclusion of the discussion,
the minister ordered to consider changes to security prisoners’ menu". Accordingly, the logistics division chief
made changes to the menu which entered into effect on 1 December 2023, per the Commissioner’s orders of 16
October 2023. The minister’s order to deny Palestinian prisoners meat products was explained as follows: ‘Our
hostages in Gaza are suffering from hunger... As far as I’m concerned, they [Palestinian prisoners] will get the
minimum we are obligated to give them." (see, Meir Turgeman, "Ben Gvir v. IPS: Change Nukhba Terrorists’
Menu", Ynet, 31 December 2023, and a similar English language report available here; see also, posts on the
Minister’s Twitter account here and here (Hebrew). See also, Josh Breiner, "Israel Reduces Food for Palestinian
Security Prisoners, Conceals Data, Sources Say", Haaretz, 26 June 2024.
113 On 26 June 2024, as aforementioned, in an unusual break from protocol, the Minister of National Security
sent the Association for Civil Rights in Israel a separate response entitled "Withholding Information from Pe-
titioners", as part of HCJ 2858/24 Civil Rights Association et al. v. the Minister of National Security et al. (here-
inafter: the food deprivation case). The letter notes that the minister’s response to the petition had not been
submitted due to differences between his office and the High Court department of the State Attorney’s Office,
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The state’s response to the pending petition regarding food deprivation114 does
not specifically cite legal provisions pertaining to Palestinian prisoners or any
other legal source for determining what food will be provided to prisoners or the
average required caloric intake per person.115 Instead, the state’s response relied on
an opinion submitted by the IPS South District dietitian and another administrative
official (the head of the Food Branch) concerning the existing menu, which was
released just three days before the scheduled hearing in the petition and prepared
retroactively.116 Furthermore, as there is no law in place permitting the minister to
deal with the issue, he has no authority to interfere in the menus provided by the
IPS or to influence them, especially when his actions target a single group with
the intention of harming and starving them.
The witnesses spoke about the extreme hunger they were forced to endure
throughout their incarceration in various facilities and the poor quality of the food,
which was often undercooked or past its expiry date.
There was also a clear policy of starvation. Most of the day we were
hungry and thirsty. We were given very little food. They would
and therefore, the minister had found it appropriate to provide his response separately to make the following
clarifications: "5. To avoid hiding information, I wish to apprise that, indeed, no starvation is taking place and all
claims made in the petition are false. At the same time, my policy is indeed to downgrade conditions provided
to security prisoners to the minimum required by law, including in terms of food and calories. There is nothing
wrong with that – on the contrary, security prisoners receive and should receive less than criminal prisoners.
6. I will also note that I have been informed that the current menu provides 200 calories above the average
required by some of the male population, and accordingly, I instructed the IPS to present to me within 15 days
an updated menu with the exact amount of calories and no extra calories" (supra note 69).
114 Para. 4 of the state’s response to the food deprivation case states: "On 8 October 2023, the IPS Commis-
sioner led a discussion regarding the incarceration conditions of security prisoners, at the conclusion of which
she ordered a downgrading of conditions [...] It is noted that this order was issued in accordance with the policy
of the Minister of National Security. In terms of food, a decision was made to strip security prisoners of the
privilege of accessing canteens; and cookware and appliances were removed from security wings. Following
on this, a decision was made for the IPS to provide food to the prisoners following the pattern of three meals a
day, rather than independent cooking. It should be noted that the issue of the operation of security wings and
the incarceration conditions of security prisoners, including the matter of the food provided to them, has also
been brought before the Minister of National Security at the outbreak of the war" (see, below, also para. 9 of
the state’s response to the food deprivation case).
115 The Statement of Response to the food deprivation petition refers to sections 80 and 80a of the Prisons
Ordinance [new version] 5732-1971, which enshrine the general powers granted to the IPS Commissioner.
116 The report relies on an Australian study done among "high-risk" prisoners who were deemed not to re-
quire the same amount of calories as active people due to their sedentary life in prison. In the current case
of Palestinian prisoners, this adds insult to injury, since not only are prisoners denied food, but they are also
denied movement almost entirely, as outdoor, open-air time outside cells has been eliminated. For the report
appended to the state’s response, see here.
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The food was terrible, both in quantity and quality. We were given
portions that wouldn’t satisfy anybody. Most of the time the
food was rotten – for instance, the eggs and yogurt. Once, when a
detainee in the cell next to ours asked to swap his yogurt because
the expiration date had passed, they punished all the inmates in
the cell: they set dogs on them, beat them with clubs, dragged
them to the bathroom and beat them up. The next day, I could
still see their blood on the floor.
From the testimony of Hisham Saleh
a resident of a-Sawiyah in Nablus District, who was held in Ofer Prison | Full testimony
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Until 7 October, prisoners would purchase supplies in the canteen and cook in
their cells to supplement and improve upon the food they were provided by prison
authorities. After 7 October, this right was denied and cookware and previously
purchased food products were confiscated, leaving prisoners entirely dependent
on the small amount of poor food provided by the prison kitchen.
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The policy of starvation affected prisoners’ health and physical shape. The
profound lack of food resulted in significant weight loss, sometimes amounting
to tens of kilograms.
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The duty to provide appropriate hygienic conditions applies to all prisoners and
detainees held in state custody. Art. 85 of the Fourth Geneva Convention, for instance,
stipulates, among other things, a duty to provide inmates with enough cleaning
supplies to keep their persons and cells clean. The Convention specifies that inmates
are entitled to a supply of water and soap for bathing and washing clothes.
The Mandela Rules also impose a duty to provide adequate means to maintain
hygiene and cleanliness, including clean clothes, in proper condition and enough
to allow changing and washing clothes as frequently as necessary to maintain
hygiene and health.117
The cell stayed dirty and smelly. There were a lot of bed bugs and
insects. After three days, we were given a mop just once, and we
could wash the cell. […] We felt our bodies were rotting with dirt.
Some of us had rashes. There was no hygiene. There was no soap,
117 See on this, Mandela Rules, Rules 15-16, which prescribe the duty to supply adequate means for maintaining
hygiene and cleanliness; Rule 18(1) on the obligation to provide toilet paper and water for personal hygiene;
Rule 18(2), which refers specifically to the obligation to allow men to shave; Rule 19 on the right to bedding and
clean sheets; Rule 17(1) on the obligation to supply climate-appropriate clothing; Rule 17(2) on the obligation to
provide clothes, in clean and proper condition and enough to allow changing and washing clothes as frequently
as necessary to maintain hygiene.
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Two months after I got there, the hot water wasn’t always on.
Until the 60th day, I unfortunately showered once every two
weeks outside the rooms. There were ten showers, and each
prisoner was given five minutes to shower. We showered without
soap and there were no towels either.
From the testimony of Z.A., East Jerusalem | Full testimony
About the showers, until the war, I was in a cell that didn’t have
a shower, but the shared showers had hot water, and there was
enough time to shower. The cell I was transferred to at the
beginning of the war had a shower, but by then, the hot water had
been cut off the cells. The prison administration provided hot
water only in the shared showers, where all of us were allowed to
go together for an hour once every three days – so each prisoner
had a maximum of three minutes to shower. They also reduced
the number of stalls in the shared showers from 12 to six and
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Toilet tanks had running water for only one hour a day, forcing prisoners to wait and
hold off on toilet use for hours and sometimes days. This also led to various medical
conditions. When prisoners had to use the toilet while the water was cut off, all the
inmates in the cell were forced to suffer for hours from the stench and filth.
The toilet in the cell was clogged. The first time we used it, the
water overflowed from the toilet bowl to where we were sitting.
We asked the guard to do something about it, but he just said,
"Great," and left. We had no cleaning supplies, either. […] we could
only access them during the yard break.
From the testimony of Muhammad Salah
27, a resident of Burqah, Nablus District, held in Megiddo Prison | Full testimony
[…] The cold water taps in the rooms ran only one hour a day,
from 2:30 P.M. to 3:30 P.M. You could only use the toilet – which
is inside the cell – during that hour, because otherwise, it was
impossible to flush. But sometimes people couldn’t hold it in and
it was disgusting, causing a stench and bad hygiene conditions.
From the testimony of Z.A., East Jerusalem | Full testimony
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They also cut off the water supply to the rooms and only turned
it on for one hour a day. We had one water bottle for all seven
of us, which we filled up so we could drink when there was no
water in the tap. The bottle wasn’t enough for all of us, so we also
cleaned out garbage bags and filled them with water. We drank
from them and also used them to clean the toilets. Because of the
water shortage, we went to the toilet as little as possible, which
gave some people stomach aches.
From the testimony of Firas Hassan
50, a father of four and resident of Hindaza, Bethlehem District, who was held in
the Negev Prison(Ketziot) | Full testimony
We only had running water in the cell for one hour a day. We had
to fill garbage bags with water so we’d have something to drink
the rest of the day. Of course, when they found the bags, they
made holes in them.
From the testimony of Sami Khalili
41, a resident of Nablus who had been serving a prison sentence since 2003 and was
held in Negev Prison (Ketziot) | Full testimony
The spirit of Minister Ben Gvir's directives to the IPS seems to have been
translated, at times, into "creative"ways to abuse prisoners. For instance, guards
in various prison facilities took the windowpanes out of the cells, letting the
cold air in. As warm clothing was confiscated and fewer blankets were provided,
prisoners were left without protection from the intense cold inside the cells in
winter, in clear violation of the Mandela Rules, which explicitly address heating
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On the first day, all we got was a mattress, even though the nights
are very cold because of the desert climate. We were shivering
with cold and tried to stick to each other as much as possible to
warm up a little. It took three days until they brought us blankets.
Each prisoner got one blanket. I was very cold, because I only had
a short-sleeved shirt after they confiscated my clothes.
from the testimony of Muhammad Srur
34, a father of two and resident of Ni’lin in Ramallah District, who was held in the
Etzion detention facility and in the Ofer and Nafha prisons | Full testimony
About 15 guards came into our cell, handcuffed us, and took us
to the shower room. I looked out the window
there and saw them remove the glass panes We started
from the windows of our cell and leave. Our covering the
cell had three windows: two in the cell itself windows
and one in the toilet. They removed the glass with plastic
panes to let the cold air in. It was winter and bags left over
it was insanely cold. They put only three from the
coats in the room – to make us fight among bread, to keep
ourselves. But we simply gave the coats to some of the
the eldest detainees and started covering cold air from
the windows with plastic bags left over from coming in.
the bread, to keep some of the cold air from
coming in. Whenever a guard came and saw the bags on the
windows, he would swear and shout at us to take them off us.
We would remove them in front of him, and put them back up
after he left. That went on for 20 days, until the guards put the
glass panes back in all the windows and gave us all coats.
From the testimony of Z.T., Bethlehem District | Full testimony
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6.
Keter
t h e Isr ael Pr i so n S ervice
I n i t i al R eacti o n Fo r ce (IRF)
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6.
Ket er
the Israel Prison Service
Initial Reaction Force (IRF)
Among the IPS’s special units,119 the Initial Reaction Force (IRF), known in Hebrew
as Keter, featured prominently in the testimonies given to B’Tselem. Two witnesses
referred to it as the "death squad." The IRF was establishoed in 2010 to handle
emergencies and provide an immediate response until other forces arrive,120 in
instances such as prison riots or escape attempts. Mentions of the IRF in the media
and in testimonies suggest the unit operates at the Negev (Ketziot) Prison and
Ofer Camp, two of the major facilities in which Palestinian prisoners and detainees
are held.121 In the past, the unit faced criticism for alleged use of excessive force
and torture.122 Since the beginning of the war, its name has been linked to serious
allegations concerning the use of extreme and unlawful measures.123
The collection of testimonies in B’Tselem’s possession shows the IRF has been
heavily involved in the torture and physical, sexual and mental abuse of prisoners
since 7 October. Witnesses incarcerated in various prison facilities gave similar
descriptions of unit personnel: masked, wearing black uniforms with no
identification tags, armed with batons and firearms, and often accompanied by
119 Other units include, for example, Metzada (the IPS commando unit) and Dror.
121 See the September issue of IPS magazine, Roim Shabas (‘Seeing the IPS’), 2010. The commander of Ketziot
Prison at the time, Brigadier General Shlomi Cohen, was the one who established the special unit in practice
(see here (Hebrew)). Cohen currently serves as the IPS representative at the Security Secretariat of the Ministry
of Public Security (here (Hebrew)). For mentions of the IRF’s presence at Ofer Prison see April 2012 issue of the
IPS Magazine here (Hebrew). It is not clear when exactly the IRF was established at that facility, but a 2015
figure notes that the unit operating at Ofer Prison has 30 combatants out of a total of 300 prison guards (see
here (Hebrew)). In 2019, members of the unit operating at Ofer Prison were described as a "unit of combatants
responsible for the initial response during a riot in the facility and other emergencies," available here (Hebrew)
and here (Hebrew).
122 See story in Haaretz newspaper concerning a 2019 incident at the Negev (Ketziot) Prison, in which, in re-
sponse to an attack on guards, IRF personnel assaulted handcuffed Palestinian prisoners using severe violence,
including with batons, sending 15 inmates to the hospital. The incident was caught on security cameras. The
national unit for investigating corrections officers launched an investigation, but ultimately closed it on the
grounds of "offender unknown." See this link.
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dogs. In one case, the unit reportedly used a stun grenade. Impossible to identify,124
and safe in the knowledge they would face no consequences for their actions,
members of the unit employed brazen, unbridled violence that amounts to abuse
and torture:
When we got the Negev Prison […] the IRF was in charge there.
There was no light in the room and no water. I felt as if I was in
a small grave. After half an hour, I had trouble breathing and
124 Operational Security Directive No. 19/2024 (dated 8 April 2024) concerning Operational Protocol for Cor-
rectional Combatants in Contact with Prisoners with Face Coverings and ID Badge Only, was recently pub-
lished. According to the state, the Directive was designed to better protect guards and reduce prisoners’ ability
to "mark" them in a manner that could put their safety at risk at work or outside it. See, on this, mutatis mu-
tandis, Case 61533-05-24 (Prisoner Petition) ‘Odeh v. Israel Prison Service, para. 27 (hereinafter: the ‘Odeh case).
See also here (Hebrew).
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The criminal conduct of IRF personnel and their extreme, unpredictable and
irrational violence terrorized prisoners who encountered them.125 This terror
continued throughout their incarceration, and likely deepened the trauma that
continues to affect those released.126
125 The UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
from 1993 to 2001, Mr. Nigel Rodley, held that: "[C]redible threats, including death threats, to the physical integrity
of the victim or a third person can amount to cruel, inhuman or degrading treatment or even to torture, especially
when the victim remains in the hands of law enforcement officials." See Report of the Special Rapporteur on the
question of torture and other cruel, inhuman or degrading treatment or punishment, U.N. Doc A/56/156.
126 See Physicians for Human Rights, "Break them Down: Systemic Use of Psychological Torture by US Forces,"
pp. 54-55 (2005); see also: Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrad-
ing Treatment or Punishment, U.N. Doc E/CN.4/2002/76, Annex III.
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In some cases, witnesses described other IPS personnel being present during
attacks by the IRF. They stood idly by and did nothing to protect the victims, their
presence essentially lending legitimacy to the actions. The presence of IPS officers
and the participation of dozens of IPS guards in the assaults indicates that these
were not isolated incidents or the work of a rogue guard.
I saw them grab some inmates by the testicles, and the inmates
screamed and cried. The officers also pressed their batons against
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7.
Deaths behind bars
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7 . Deat hs behin d ba rs
At least 60 people died in Israeli custody. Forty-eight of them were detainees from
Gaza, some of whom died in detention camps set up by the military and others
before they even got there, apparently due to extreme violence by soldiers during
their transfer from Gaza to Israel.127 B’Tselem knows of another 12 Palestinians
from the West Bank or from Israel who died in IPS custody, some in circumstances
that raise grave suspicion of deliberate abuse and denial of medical care. The
police opened at least one criminal investigation against prison guards who were
involved in the death of an IPS inmate. However, as far as we are aware, no one
has been prosecuted for these actions.
127 See Haaretz: Israeli Army Conducting Criminal Investigation into 48 Deaths of Gazans During War, Mostly
Detainees; See also a 28 May 2024 report on a probe into the death of two detainees from Gaza indicating
they had been beaten by soldiers on route to Sdeh Teiman. The Military Police reportedly dismissed the claims
made by the soldiers who escorted the two that they were injured as a result of the rough ride and sought to
interrogate some of the soldiers involved under warning. None of the suspects were arrested. The deaths of
35 Gazans in custody are under investigation. At least two died due to neglect or poor care. See on this also:
Haaretz story about six Palestinians who have died in IPS facilities since 7 October 2023, here; see also Haaretz
story about the death of 27 Palestinians in military prison facilities, here; see also about Megiddo Prison in the
north, here; and see a report about death at Shin Bet interrogation facility, here.
128 See letter (Hebrew) from the Association for Civil Rights and other organizations to the Attorney Gener�-
al; a Ynet report dated 21 December 2023, here (Hebrew); See documentation of deaths in custody in PHRI,
"Systematic Violation of Human Rights: The Incarceration Conditions of Palestinians in Israel Since
October 7," p.32.
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Deaths behind bars Welcome to Hell
suspected of involvement in the affair were investigated for the alleged offenses
of causing injury, causing harm in aggravated circumstances and obstructing an
investigation.130 To the best of our knowledge, at the time of publication, none of
them have been prosecuted. Reports also indicate that five of the suspects were
members of the IRF and were transferred out of the unit following the incident.
Their appeal to reverse the decision was dismissed in court.131
One of Abu ‘Asab’s cellmates spoke about his death after suffering severe violence
at the hands of IRF personnel:
131 The five guards petitioned the Court for Administrative Affairs to have the decision reversed and reinstate
them in the unit (AP 45090-02-24). They appealed to the Labor Court as well. Both petitions were dismissed
by the judicial instances, but it is not clear what happened to the five guards and where they were ultimately
placed; see, AP 45090-02-24 Pashaev et al. v. State of Israel.
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answered, "Abu ‘Asab." Then the guard said again, "Thaer," and
Thaer again said, "Abu ‘Asab." Then the special forces came in with
the batons and guns and started hitting us. Each one grabbed one
inmate and beat him. They hit us in every part of our body. We
didn’t move, we just screamed and screamed while they hit us
non-stop. My head started bleeding and I saw that the inmates
next to me were also bleeding from the head. That lasted about
seven minutes, and then they moved away to the door of the cell.
Then about eight of them came back in and hit all of us, but they
hit Thaer the hardest. He tried to protect his head with his hand,
but pretty soon he had to let go because of the blows. They kept
on hitting him on the head and the rest of his body until he fell
down on the floor. After that, they left and closed the cell door.
The next day, the Shin Bet came and took us one by one for
interrogation. My interrogation lasted about fifteen minutes. In
it, they claimed we’d caused trouble and killed Thaer, which was
why we were all injured. They said it was us who attacked each
other, not the guards. The interrogator asked me how we killed
Thaer. I told him what happened—that the guards beat us and
killed him, and I explained how it happened.
After we all went back to the cell, the prison commander, who
was known as "Abu Yusef", came and opened the door. He laughed
and said we’d killed Thaer and wanted to frame the prison for it.
From the testimony of M.A., Hebron District | Full testimony
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Deaths behind bars Welcome to Hell
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They brought two new detainees into our cell. They were both
from Beit Sira, and I didn’t know them. One of them was called
‘Arafat Yasser Hamdan. He was 24 years old. ‘Arafat didn’t seem
in good shape. It was obvious he was exhausted, and he couldn’t
speak. I asked the other detainee what was wrong with him.
He said: "He’s sick and tired." I noticed ‘Arafat kept putting his
hands over his belly and that he was limping on his right leg. I
understood he was beaten at Etzion. We gave him a mattress and
let him sleep. After half an hour, he got up and went quickly to
the toilet holding his belly, and started vomiting. Then he came
back and lay on the mattress and it was clear that he was in pain.
In two hours, he threw up again and again, more than five times.
Each time, after he came back to the mattress, he would say, "Help
me, help me," and bang his hand on the floor. When we asked him
what happened to him, he said: "They hit me, they tortured me."
Then he told us: "I have a blood sugar problem.
If I don’t eat something to raise my blood sugar, In two hours,
I’ll go into a convulsion fit and might pass out. he threw up
It makes my condition worse. They also hit me again and
in the stomach." again, more
For two hours, between 6:30 and 8:30 P.M., I
than five
asked again and again through the opening
times. Each
in the door for a doctor to come see him. In
time, after he
the end, only a medic arrived, who looked at
came back to
‘Arafat through the opening in the door. ‘Arafat
the mattress,
explained his health problem and told him
he would say,
he was in bad shape and needed hospital care
"Help me,
because of his diabetes. I understood that he
help me",
needed a special injection, but the medic told
and bang his
him: "There’s no hospital" and left without
hand on the
giving him any treatment.
floor.
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Deaths behind bars Welcome to Hell
passed out. For four or five hours, I begged more than 30 times
to send the medic again. When he finally came, he saw ‘Arafat
unconscious through the opening in the door and told me he had
to go to the infirmary. I asked how he was supposed to get to the
infirmary if he was unconscious, so the medic
asked us to drag him to the door of the cell. I checked for
After we dragged ‘Arafat on a blanket to the a pulse, but
door, the medic asked us to get him on his feet. there was no
I asked how he was supposed to stand on his pulse and he
feet when he was unconscious. In the end, he wasn’t
gave me a blood sugar test device, with sticks. breathing.
We checked, and it was very low. After two For five to
minutes, the medic came back and asked the 10 minutes
guard to open the cell door to get ‘Arafat out. we gave him
We put him on a mattress and dragged him CPR, with
about 15 meters to the administration office. mouth-to-
They brought him back 40 minutes later. He mouth
was walking and it looked like they’d given resuscitation,
him fluids. Then a nurse came and brought a but he didn’t
glass of sugar water. He gave me the glass and respond.
told me to let ‘Arafat drink from it every time
he started to get tired. He also asked us to feed him. We tried to get
him to eat bread with labneh, but he couldn’t eat. He would take
a bite and it would stay in his mouth for 15 minutes, because he
couldn’t swallow.
I tried to give him the sugar water, but he couldn’t swallow that
either. After an hour, he started getting worse again, and he
passed out. I asked the guard again and again to call the medic,
but he refused. At midday roll call, ‘Arafat couldn’t stand up. The
officer asked me why he wasn’t getting up and I told him about
‘Arafat’s condition. He said he’d asked the medic about him and
he’d told him that ‘Arafat didn’t have anything and there was
nothing that could be done for him. After roll call, they left the
cell, and ‘Arafat stayed like that until 3:00 P.M. At one point,
I fell asleep because I’d stayed up at night to watch over him.
Then the other prisoners woke me up and told me ‘Arafat had
stopped breathing. I saw he was foaming at the mouth. I checked
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for a pulse, but there was no pulse and he wasn’t breathing. For
five to 10 minutes we gave him CPR, with mouth-to-mouth
resuscitation, but he didn’t respond. I know a bit about first aid,
and because he showed no signs of life, I thought he was dead.
We started calling the guards. A guard would pass by every now
and then. I told them more than five times that ‘Arafat was dead,
and they only said they weren’t allowed to open the door and
that the medic would come soon.
It went on like that for an hour or an hour and a half and only
then, suddenly, everyone came, management people, guards,
doctors and medics. They opened the door. I dragged ‘Arafat out
to the yard on a mattress along with two other detainees. From
there, they took him on a stretcher towards the administration
office. We don’t know what happened to him after that. Half an
hour later, a guard came back and told us ‘Arafat was okay and had
no health problem. He said he’d been taken to the hospital and
was doing well. I said, "Are you kidding us?!" I didn’t believe what
he said. ‘Arafat was dead when he left the cell, without a pulse
and not breathing. I asked: "How can you say he doesn’t have any
health problem?" but he didn’t respond.
From the testimony of Muhammad Srur
34, a father of two and resident of Ni’lin in Ramallah District, who was held in the
Etzion detention facility and in the Ofer and Nafha prisons | Full testimony
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Deaths behind bars Welcome to Hell
‘Arafat sat on the floor and leaned against the I told the
wall until breakfast, which was at around 9:00 detainees to
A.M. He only had two bites, drank some water, let him rest
and went back to leaning against the wall. He for a while,
was breathing very heavily. We called the medic but ‘Arafat
again to check him, and he said to call him when didn’t wake
‘Arafat passed away. ‘Arafat stayed like that and up. After an
then went calm and stopped panting. He was hour and a
still sitting with his back to the wall, and we half, we
thought he had fallen asleep. I told the detainees saw fluid
to let him rest for a while, but ‘Arafat didn’t coming
wake up. After an hour and a half, we saw fluid out of his
coming out of his mouth. One of the detainees mouth.
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checked his pulse and shouted that ‘Arafat was dead. We started
calling out to the guards and banging hard on the door. An officer
and 10 guards came to the cell, and we told them that ‘Arafat was
dead. They took ‘Arafat out of the room, and later I asked one of the
guards about him, and he said they’d taken him to a hospital.
Four days later, the guards brought in a new detainee, who told us
‘Arafat died the day they took him out of the room. ‘Arafat needed
medication and special food for his diabetes, and he had to eat
often, but the prison administration didn’t care, and he died as a
result of neglect and lack of food.
From the testimony of F.J., Hebron District | Full testimony
That was the situation until the war in Gaza broke out on 7 October
2023. The prison administration announced a prohibition on
providing medical treatment to "security" prisoners, except for
those with diabetes and high blood pressure. [...] It was already
forbidden to cook anything, and buying from the canteen was not
allowed. Besides prohibiting purchases from the canteen, they
limited the amount of food, so much that it dropped to 20% of the
usual amount before the war.
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8.
Palestinian prisoners
with Israeli citizenship
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Welcome to Hell
8.
Palestinian prisoners with
Israeli citizenship
Among the Palestinians who gave testimonies to B’Tselem about prison abuses
since 7 October were Israeli citizens. Even though as citizens of the state, they
have a different status and come under different laws than Palestinian residents of
the West Bank, East Jerusalem and Gaza Strip, these prisoners were subjected to
the same conditions as their West Bank counterparts and suffered similar abuses.
Since October 7, hundreds of Palestinian citizens of Israel have been arrested for
suspected incitement and support of terrorist organizations, sometimes over minor
acts such as expressing solidarity with the Palestinian people or criticizing Israel,
the war and so on.132 Arrests of Palestinian citizens, especially on the mass scale
seen since the war began, is another way the Israeli regime uses its systems against
Palestinians everywhere between the Jordan River and the Mediterranean Sea.133
133 According to "Interrogations, Arrests and Indictments of Palestinian Citizens of Israel Since 7 October," an
Adalah report that provides figures for 7 October 2023 to 13 November 2023 (hereinafter: Adalah Report), in
the first month of the war alone, between 7 October and 13 November, about 250 citizens were interrogated,
over a hundred of them over social media posts. Indictments were served in dozens of cases under Sec. 24(a)
and/or 24(b) of the Counter-Terrorism Law. In comparison, from 2018 to 2022, 88 indictments were brought
against Israeli citizens for incitement or sympathizing with terrorist organizations. Forty-six indictments were
served against Palestinian citizens of Israel over social media posts in the first month (Hebrew) of the war
alone; see also here.
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Palestinian prisoners with Israeli citizenship Welcome to Hell
That same day at 6:00 P.M. I went to the police station with my
father. He waited for me outside, but as soon as I went in they
handed me an arrest warrant. The moment I entered, the police
officers started humiliating me, shouting at me that I was a
terrorist supporter and mocking my appearance. They took away
all my belongings, including my phone and shoelaces. Then my
hands were tied in front of me with metal handcuffs.
135 See for example this report in Haaretz (Hebrew). See also here (Hebrew).
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[…] When I got to the cell, the other female inmates were already
asleep. There were four beds and another three inmates sleeping
on the floor. […] Early in the morning, the other inmates woke
up and we introduced ourselves. They were from the West Bank.
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Palestinian prisoners with Israeli citizenship Welcome to Hell
[…] On my second night there, one of the inmates had itchy arms
and a rash appeared on her body. She was scratching so hard that
none of us could sleep. We banged on the door and asked that
they let her see the medic, whose room was close to our cell, but
no one answered.
That night, we also banged the door to ask for pads for another
inmate who was menstruating. A female guard came and threw
our roll of toilet paper at us. She said, "You’re not in a hotel." In
the morning, during roll call and the search, the female guards
asked, "Who banged on the door at night?" We all kept quiet. The
male guard pointed to the inmate who had demanded pads, and
then they took her to the shower and strip searched her naked.
We heard her shouting and understood they were hitting her.
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were two male guards in the room talking to each other, and
I couldn’t hear a thing. I asked them to speak quietly but they
didn’t listen to me, and one of them even turned the volume of
my speaker down. I gestured to the lawyer that I couldn’t hear
anything and he came closer to the camera, spoke slowly and
gestured until I understood they had extended my detention by
another three days, and that I would be transferred to Damun
Prison. […] The conditions were awful there, too. There were a lot
of female inmates there. I gathered from them that at the start
of the war in Gaza, the prison administration had confiscated
all their belongings. They left them nothing. They took away
their clothes and electrical appliances, including radios, and the
kitchen utensils they used to cook and to prepare coffee and tea.
The canteen was also closed. Before that, the inmates prepared
their own food, but under the new order they brought us prepared
food, which was really terrible and the amounts were too small.
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[…] the beating continued at the station. They hit me with their
hands and sometimes with wooden clubs, and kicked me. They
replaced the metal handcuffs with zip ties, which they tightened
around my wrists and put on my feet, too. They covered my eyes
with the shirt I was wearing. I couldn’t walk with my feet tied
and had to hop. The police officers took several pictures of me,
mocking me and laughing. From what they said to each other,
I understood they were sending the photos to their friends. […]
I had chest pain, probably from the beating earlier, and I asked
to be taken to a hospital. They waited until the next day to take
me. At the hospital, a doctor ordered a chest X-ray. While I was
waiting for it, a hearing regarding our detention started, so I had
to miss the X-ray and attend on Zoom, otherwise, the hearing
would have been postponed.
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smoked cigarettes next to us, saying they were our cigarettes. […]
They did roll call three times a day, during which we had to kneel
by the wall, far from the door, with our hands on our heads. We
were supposed to look at the guards once so they could identify
us, but besides that, we were forbidden to look them in the eye.
The drinking water came from the bathroom sink. It was murky
and tasted bad, but we had to drink it. The food was terrible
and there wasn’t enough of it. We saved what we were given
throughout the day and ate it before bed, so we wouldn’t go to
sleep hungry. Still, we were never full because it was only enough
to survive on.
[…] Every time they took us to the court, they beat the other
detainees on the bus along the way. They didn’t hit me, perhaps
because I’m a lawyer, but the other detainees were constantly
beaten in front of me. It was a real journey of suffering.
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Three people in civilian clothes came into my office and sat down.
Up until that moment, I didn’t realize what was going on. They
presented an arrest warrant. Because I’m a lawyer, they need a
special permit from the State Attorney’s Office and the Israel Bar
Association to arrest me, which they had
already received. They tied my hands with The guard
zip ties and led me outside. They transferred demanded
me to my home in Shfaram, and that’s where that I undress.
the hard part began. I did and
stayed in my
They led me into my home with my hands underwear. He
tied. My wife asked them to untie them so ordered me
my young kids wouldn’t see me like that, but to take off my
they refused. They asked if I had cash, and underwear as
I replied that I had 10,000 shekels (~2,700 well. I tried to
USD). They took documents and books from convince
the house. After the raid on my home, they him that there
took me to the police station in Shfaram, was no need,
where they put metal cuffs on my hands and and said I was
feet. It was hard to walk. They put me in an 53 years old
interrogation room, where I found that the and an Israeli
reason for my arrest was a Facebook post. citizen. I
[…] Then they took me to Megiddo Prison, thought that
which I’ve called Abu Ghraib ever since, might help,
because of the severe torture I underwent but the guard
there. They cursed me all the way to the threatened to
prison. When we arrived, my world turned beat me. I gave
upside down. I felt like I was in a jungle. in, feeling I
First, the guard demanded that I undress. I had no choice.
did and stayed in my underwear. He ordered
me to take off my underwear as well. I tried to convince him that
there was no need, and said I was 53 years old and an Israeli citizen.
I thought that might help, but the guard threatened to beat me. I
gave in, feeling I had no choice.
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They put me, entirely naked, in a small cell without a door, like
a fitting room in a clothes store. They brought in a hand-held
metal detector and put it between my legs, claiming I was hiding
something. In the room the cell was in, five young Palestinians
were searched, and the guards beat them, swore at them and
humiliated them. The guards called me an ass. They knew I was a
lawyer and wanted to humiliate me. But when I saw what they did
to the young guys, I felt better off compared to them.[…] When we
reached the room, they forced the young guys to kiss an Israeli
flag on the wall. Whoever refused was abused. One of the female
guards even took a picture with one of the detainees as he kissed
the flag. There was constant beating, cursing and humiliation.
When it was my turn, the officer excused me and told the guards
to skip me. I don’t know why, maybe because I’m a lawyer and an
Israeli citizen.
[…] For the first three days I was very frustrated. I hardly talked
to anyone and didn’t eat at all. The food was truly awful and
they gave us tiny amounts. We got one plate of rice a day for the
whole cell. Just rice, some white cheese, and
slices of bread and cucumber. We weren’t They forced
given any cutlery, so we had to eat with our the young
hands. I felt disgusted, helpless, frustrated guys to kiss
and humiliated. I didn’t understand how an Israeli flag
this was happening to me at my age, and on the wall.
it was very difficult to see the degradation Whoever
of those around me. I couldn’t grasp it. We refused was
didn’t sleep at all the first night. There was a abused. One
window in the cell, through which we heard of the female
detainees crying and shouting while guards guards even
beat them. The guards yelled out demands took a picture
that they bark like dogs. We heard some of with one of
the detainees actually bark after they were the detainees
hit. The guards laughed, of course. It was as he kissed
really hard to hear and see. the flag.
[…] They cut us off from the outside world. They confiscated
everything. There was nothing, no radio and no means of
communication. Each time a new detainee arrived, everyone
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[...] That same day, I had a hearing at the court in Acre and they
took me there. The judge’s nails were painted with the pattern
of the Israeli flag. She immediately extended my detention. I got
angry and gave her the finger. When the guards saw that, they
slapped me, kicked me and swore at me. They took me out of
there with my hands and feet cuffed, pressing down on my head
and back so I was hunched over like a dog. They returned me to
Megiddo Prison and put me in a wing called Tora Bora. On the way,
I saw guards beating detainees. There were three or four guards
beating a detainee. I heard shouting and pleading, unbelievable
things. They put me in a solitary confinement cell that was black
and disgusting, full of cockroaches and other insects. It had no
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The next day, around 11:00 A.M., they put a young man in the
isolation cell next to mine. He kept screaming in pain. I tried to
speak to him through the door, asked him what his story was and
told him to calm down. He said he was in pain and was going to die.
He kept asking them to give him medical care
and calling out to the medic and the guard. […]
The whole
Every time a guard came I asked them to help
story was like
him, but each time they just cursed at me, told
a horror
me it was none of my business and ordered me
movie. I’m a
to shut up. He continued to shout and beg for
lawyer and
help until early morning, and then fell silent.
was living my
During the count I heard them call out several
life as usual.
times: "Mar’i, Mar’i." He didn’t reply. I heard
Suddenly, I
them open his door, and I peeked through
found myself
the opening in my door. They went into the
in the worst
cell and started beating him, I heard the kicks
place in the
landing on his body. Then I heard one of them
world. It
asking to call for the doctor and get a first aid
was a very
kit. The doctor arrived a few minutes later.
difficult
They stayed in the cell for over an hour. Later,
experience.
I heard one of them say in Arabic: "As long as you’re all healthy."
Everyone laughed and closed the door. I realized he was dead.
After about an hour, they returned with a wheeled stretcher.
They took the young man out, wrapped in a black bag, and left.
Later on, I learned that his name was ‘Abd a-Rahman Mar’i, 23,
and that he was a resident of Qarawat Bani Hassan and a father of
four children. I still I can’t forget his voice and his pleas.
[…] The whole story was like a horror movie. I’m a lawyer and
was living my life as usual. Suddenly, I found myself in the worst
place in the world. It was a very difficult experience. Now, giving
this testimony and recalling what happened there, I had trouble
breathing several times. Throughout my detention, I lost seven
to eight kilos in just 10 days. When I came home, my wife cried
when she saw me and my children were afraid of me, because I
hadn’t shaved the whole time and my hair was wild. I looked like a
different person.
Full testimony
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9.
Conclusion
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Con c l usion
The testimonies reveal the policy implemented in these facilities since the
declaration of a "prison state of emergency" and the pursuant enactment of a
Temporary Order,136 in keeping with the stated agenda of Minister of National
Security Itamar Ben Gvir. They indicate that this policy, which entails violation of
the most basic human rights, is targeted at members of a specific ethnic-national
group – Palestinians. As part of this new policy, Palestinians held in Israeli prisons
are stripped of the basic package of rights to which they are entitled under Israeli
and international law, as well as other universal rights. Even if a small number of
these prisoners was, in fact, involved in committing the horrific crimes of 7 October,
that does not justify torture, let alone the creation of a network of torture camps
for all Palestinian prisoners.
The Convention Against Torture defines torture as "an act by which severe pain
or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or is suspected
of having committed, or intimidating or coercing him or a third person, or for
any reason based on discrimination of any kind, when such pain or suffering
is inflicted by or at the instigation of or with the consent or acquiescence of a
public official or other person acting in an official capacity".137
136 Temporary Order dated 16 and 26 October 2023, issued by the power vested in the IPS Commissioner under
Sections 80 and 80a(b) of the Prisons Ordinance [new version] 5732-1971.
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Various methods and actions that, in themselves, do not inflict pain or suffering
amounting to torture, may reach that level when carried out in combination.138
Torture is prohibited in any and all circumstances, no matter how exceptional,
both under international law and basic moral principles.
The State of Israel signed the Convention Against Torture and ratified it, but the
prohibition on torture was never incorporated into Israeli law. It was validated
in the 1999 High Court ruling in the torture case,139 but walked back in a later
decision, allowing for the use of torture in exceptional cases under the Shin Bet’s
"necessity interrogation" protocol.140
Several petitions concerning prison conditions for Palestinian inmates have been
submitted to the High Court of Justice since the start of the war. In its response
to a petition filed by the Association for Civil Rights in Israel and others, the state
rejected allegations of inhuman treatment, abuse, starvation, denial of medical
treatment and denial of other basic living conditions, such as access to running
water or hygiene products.141 However, it did admit that, in keeping with the
minister’s new policy, cell occupancy was pushed beyond capacity, forcing some
prisoners to sleep on the floor; power was cut off and lighting was available only
at night; all personal belongings were confiscated; prisoners were cut off from the
outside world; and time outside was reduced to one hour a day.142 Relying on the
state’s admission, and the denial that came with it, the court ruled it unnecessary
to instruct the state "to do what it declares it is already doing" or "refrain from
doing what it has never done,"143 and dismissed the petition in limine. Other cases
138 See also, e.g.: Ann Maria Garcia Lanza de Netto v. Uruguay, Communication No. 8/1977, U.N. Doc. CCPR/C/
OP/1 at 45 (1985); Aydin v. Turkey, European Court of Human Rights (Application No. 23178/94), Judgment
25.9.1997; Maritza Urrutia v. Guatemala, IACHR, Judgment of November 27, 2003.
139 See the torture case, supra note 80. The prohibition on torture was incorporated into guidelines issued
by then Attorney General Elyakim Rubinstein, which stated that other methods of interrogation could be em-
ployed in "necessity" cases, so long as they do not amount to torture. For more on this, see here.
140 See HCJ 9018/17 Feras Tabish v. Attorney General; see also, HCJ 5722/12 As’ad Abu Gosh et al. v. Attorney General.
141 See the state’s response in the living conditions case, supra note 75.
142 See para. 8 of the state’s response in the living conditions case, supra note 75.
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relating to living or prison conditions are still pending, with the court having made
no ruling or issued orders nisi.144 The High Court of Justice has thereby greenlighted
the denial of Palestinian prisoners’ basic rights.
Minister Ben Gvir’s influence remains evident, but his policy could not have been
implemented without the cooperation of the entire system – from the prime
minister and the minister of defense to "gatekeepers" such as the attorney general,
the State Attorney’s Office and the Supreme Court, and finally, the media, which
showcases the cruel treatment of prisoners without a hint of criticism.146 All these
have helped Minister Ben Gvir fulfill his vision, whether actively or by tacit consent.
Given the severity of the acts, the extent to which the provisions of international
law are being violated, and the fact that these violations are directed at the
entire population of Palestinian prisoners daily and over time – the only possible
conclusion is that in carrying out these acts, Israel is committing torture that
amounts to a war crime and even a crime against humanity.
144 HCJ 4268/24 Association for Civil Rights v. Minister of Defense et al. (regarding the closure of the Sde Tei-
man military prison facility); HCJ 1357/24 Association for Civil Rights et al. v. The Government (regarding the
denial of ICRC visits); food deprivation case, supra note 69; judicial review petition, supra note 18.
145 See pp. 28-31 of this report and supra notes 53 and 54.
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Conclusion Welcome to Hell
Rome Statute,147 the ICC and the international community must investigate and
promote criminal proceedings against individuals suspected of planning, directing
and committing these crimes.
At the time of writing, more than 9,000 people – Palestinians classified as "security
prisoners" – are being held by Israel in a network of torture camps, subjected to
the conditions and abuse described in this report. This reality is unacceptable and
fills us, Israelis and Palestinians who believe in justice, freedom and human rights,
with shame, anxiety and rage.
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