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1155. On arrival at Negev, they were severely beaten by the prison security for approximately
one and a half hours before being put into cells and told that they were caught during battle and
were illegal combatants. Later that night, 10 more people joined the group of detainees.
1156. AD/03 described how on the second day of their incarceration, 20 January, the detainees
(at this point 18 in number) were told that they would be interrogated in accordance with their
alleged political affiliations. Several of them pointed out that they had none. They were grouped
apart. AD/03 said that they talked among themselves and he found out that nine of them were
livestock farmers and three or four were merchants and traders.
1157. AD/03 described how the detainees were divided into two groups of nine each and put in a
section of the prison referred to as the mardaban, which was divided into two wards containing
10 iron beds each and guarded by Israeli Arab soldiers. They remained incarcerated for eight
days, until 27 January, with limited access to food, water, toilets and physical exercise.
1158. On 24 January, AD/03 was given access to a lawyer, affiliated with Addameer, Prisoners
Support and Human Rights Association,560 for the first and only time. The Mission interviewed
him561 and he confirmed that he had visited AD/03 and his brother on 25 January 2009. The
lawyer’s evidence provided corroboration of the detention of AD/03 and his brother (who was
also assisted by the lawyer), and the conditions under which he was subjected to criminal
proceedings in Israel. The lawyer was informed by the Israeli authorities that AD/03 was
detained under the illegal combatant law but he was not given the dossier to review. His brother
was never formally charged.
1159. On 25 January, the detainees were told that they would be taken to Beersheba for their
trial. On 26 January, all 18 detainees were shackled with iron chains to iron benches in a bus,
handcuffed with iron handcuffs and taken to Beersheba. They were not blindfolded. The journey
lasted five hours during which the bus drove on bumpy roads causing the detainees to slam
against the sides of the bus. They were detained in Beersheba overnight in overcrowded cells
together with people convicted of serious offences, according to AD/03. They were mostly
Israeli Jews.
1160. The following morning, on 27 January, they were taken back to the Negev prison in
shackles and handcuffs. They were given no information regarding the scheduled hearing. The
outcome of the proceedings was not clear to AD/03 at the time, as he believed he had been
“acquitted” only when they were returned to the Negev prison.
1161. The lawyer from Addameer was present in the court. According to him, the prosecutor
made the decision not to proceed with the case rather than the detainees being acquitted. The
lawyer confirms that they were held in Ktziot prison in the Negev Desert and released on
27 January.
The Mission has heard directly from AD/03’s legal representative, who stated that he received a copy of his file,
but not the secret file, from the Prosecutor’s Office on 21 January 2009. AD/03 was arrested on suspicion of being
an illegal combatant.
560
561
The lawyer had been alerted to the cases by Al Mezan, a human rights organization in Gaza.
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