A/HRC/23/21
formally recorded, 22 the Palestinian Authority’s chief medical examiner, Saber Aloul,
observed the autopsy and reported clear indications of ill-treatment and torture on the body
of the previously healthy 30-year-old Palestinian. He reported that Mr. Jaradat’s death had
been caused by nervous shock resulting from severe pain owing to injuries inflicted through
direct and extreme torture. Dr. Aloul found that Mr. Jaradat displayed severe bruising on his
upper back, deep bruising along the spine and significant bruising on both sides of the
chest. The autopsy uncovered bruising on both of his arms and inside his mouth, blood
around his nose and three fractured ribs. 23 The death of a prisoner during interrogation is
always a cause for concern, but Israel remains firmly committed to impunity for its officials
who interrogate Palestinians, as evidenced by a study that determined that, between 2001
and 2011, more than 700 complaints of abuse by Israeli security agents interrogating
Palestinians resulted in not one criminal investigation.24 In this context, there is a clear need
for an outside, credible investigation to clarify the circumstances that led to Mr. Jaradat’s
death.
36.
On 2 April 2013, another Palestinian died while imprisoned by Israel. By all
accounts, Maysara Abu Hamdiyeh died from cancer. Still, the Special Rapporteur received
credible allegations regarding inadequate health care that may amount to medical neglect.
Such allegations included a four-month delay in sending Mr. Abu Hamdiyeh to a hospital,
providing him with the wrong medication, and then transferring him to an eye doctor when
he was suffering from throat pain and had swollen lymph and salivary glands. The Special
Rapporteur was informed that Israel had denied Ms. Abu Hamdiyeh’s sons visitation rights
for 11 years, and did not release him even when it was confirmed that his cancer was
terminal. Mr. Abu Hamdiyeh died chained to a bed in a prison, without the presence of – or
even any chance to say goodbye to – his family. His death in these circumstances should be
considered in the context of years of reports of lack of access to health care and medical
neglect suffered by Palestinians detained by Israel. 25 According to information provided to
the Special Rapporteur, at least 54 cases of clear medical neglect have resulted in the death
of Palestinians in Israeli prisons.
37.
The sense of hopelessness ground into Palestinian prisoners by Israel has caused
many to launch hunger strikes to protest against their treatment and conditions of their
detention.26 At the end of the period under review, seven Palestinians were on a hunger
strike: 27 Samer Al-Barq, Samer Al-Issawi; Younis Al-Hroub, Muhammad Ahmad AnNajjar, Zakariyah Al-Heeh Ibrahim Al-Sheikh Khalil and Hazem Al-Tawil. Each was
protesting against being detained indefinitely without charge. Mr. Al-Issawi had been on a
hunger strike for an extraordinarily long period and was in danger of death. According to
media reports, Israel was offering to release him on the condition that he \ be forcibly
22
23
24
25
26
27
Mission of Israel to the UN in Geneva, Autopsy on Palestinian detainee Arafat Jaradat, 28 February
2013. Available from http://embassies.gov.il/UnGeneva/NewsAndEvents/Pages/Autopsy-onPalestinian-detainee-Arafat-Jaradat.aspx.
www.alhaq.org/images/stories/PDF/2012/Arafat_Jaradat.pdf.
”Torture and abuse under interrogation”, B’Tselem, 1 January 2011. Available from
www.btselem.org/torture/impunity.
See A/66/358 and A/67/550. See also “Oversight and Transparency in the Israeli Penal System”,
Physician’s for Human Rights – Israel, July 2008. Available from
www.phr.org.il/uploaded/דוח%20שקיפות%20ובקרה.pdf.
“Palestinian on Hunger Strike ‘in Mortal Danger’", theRealNews.com, 23 March 2012. Available
from http://therealnews.com/t2/index.php?
option=com_content&task=view&id=31&Itemid=74&jumival=8123.
“Eight on Hunger Strike: Hunger Strikes are the Weapon of Prisoners in the Fight Against
Administrative Detention”, Addameer, 10 March 2013. Available from
www.addameer.org/etemplate.php?id=584.
15
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