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)