In light of the propagation of the Corona epidemic within the Israeli occupation state Urgent call to release the Palestinian prisoners And a reminder of the legal and humanitarian responsibility towards them

In light of the propagation of the Corona epidemic within the Israeli occupation state Urgent call to release the Palestinian prisoners And a reminder of the legal and humanitarian responsibility towards them

 

The provisions of international humanitarian law, especially the Fourth Geneva Convention of 1949, are considered peremptory in nature because it contain customary rules and in this sense its a binding agreement for all states, including the Israeli occupation state.

The responsibility for the Israeli occupation is mentioned in Article (146) of the Fourth Geneva Convention, as well as Article (147) of the same agreement. And the responsibility of the occupation lies in the humanitarian and legal parts.

The human aspect: It is respecting the life, beliefs, and freedom of the prisoner, not assaulting him or his dignity, and treating him humanely without degrading dignity, and not subjecting him to physical or psychological torture to extract confessions from him, as he may be safe for himself.

The legal aspect: It is the responsibility of the occupation to apply all laws, customs, charters and international agreements that provide the protection of the rights and freedom of the prisoner and to submit to a fair trial and before a legal , impartial court and impartial formation, and not be forced to confess to something or an act that he did not commit.

In light of the propagation of the Corona epidemic within the Israeli occupation state, and in light of the many procedures that the occupation authorities are taking to protect the health of its residents, have the occupation authorities protected the prisoners inside their cells? Is there a plan to release them, based on two basic principles:

The first: They are kidnapped and there are no legal reasons for their arrest, and that the occupation authorities do not recognize their legal identity under international laws (prisoners of war, or detained civilians)

The second: There are many authorities in the world who released their prisoners as a precaution to protect them from the spread of this epidemic.

Among the responsibilities of the occupying state towards Palestinian prisoners are:

1. That the prisoner serves his sentence in the prisons of the occupied territories and not to transfer him to prisons within the borders of the occupying state, according to the text of Article (76) of the Fourth Geneva Convention.

2. That he be tried before a legally constituted court and the trial takes place inside the occupied territories and not outside it, Article (66) of the Fourth Geneva Convention.

3. The detainees and prisoners should be held in prisons that are prepared in terms of health to receive the inmates, that they are well ventilated, and that the prison rooms be healthy.

4. That the necessary treatment be provided to the sick prisoners, and that a periodic test be made of the prisoners once every year.

5. That the prisoner be treated humanely, that he be allowed to visit and practice mental and religious activities, enroll in university and secondary education, obtain all financial allocations that enable him to purchase his food, allow him to prepare his food himself and obtain clothes twice a year.

6. It is the responsibility of the international community, especially the permanent members of the Security Council, not to be distracted by their interest in their internal affairs, from concern for the life and health of more than 5,000 Palestinian prisoners.

 

 

 

 

 

 

 

 

 

المؤسسة الفلسطينية لحقوق الإنسان (شاهد)