A/HRC/13/55
the West Bank as of February 2010 as compared to 592 in October 2009.9 Furthermore,
many Palestinians engaged in human rights and political activities continue to face
difficulties travelling between the Occupied Palestinian Territory and the outside world,
since Israel has not lifted travel bans that are currently in place.
41.
In paragraph 1972 (e) of its report, the Mission recommended that “Israel should
release Palestinians who are detained in Israeli prisons in connection with the occupation.
The release of children should be an utmost priority. The Mission further recommends that
Israel should cease the discriminatory treatment of Palestinian detainees. Family visits for
prisoners from Gaza should resume”.
42.
Recently obtained information indicates that approximately 6,800 Palestinians are
being held in Israeli prisons, including approximately 300 children.10 Approximately 260
persons are being held in administrative detention.11 The number of such detainees
fluctuates regularly, and it is often not possible to ascertain the reason that a detainee has
been released. Family visits for prisoners from Gaza still do not take place, following the
suspension by Israeli authorities of the Family Visits Programme of the International
Committee of the Red Cross on 4 June 2007. The Israeli High Court of Justice upheld the
suspension of this programme in December 2009.12
43.
In paragraph 1972 (f) of its report, the Mission recommended that “Israel should
forthwith cease interference with national political processes in the Occupied Palestinian
Territory, and as a first step release all members of the Palestinian Legislative Council
currently in detention and allow all members of the Council to move between Gaza and the
West Bank so that it may resume functioning”.
44.
On 1 and 2 November 2009 Israel released seven members of the Palestinian
Legislative Council; all affiliated to Hamas, bringing the total of Palestine Legislative
Council (PLC) members in Israel's custody to 16, including 13 from Hamas, 2 from Fatah
and one from the Popular Front for the Liberation of Palestine (PFLP). A small number of
PLC members in the West Bank have been able to visit Gaza, but there has been no broadbased facilitation of movement of PLC members between Gaza and the West Bank.
45.
In paragraph 1972(g) of its report, the Mission recommended that “the Government
of Israel should cease actions aimed at limiting the expression of criticism by civil society
and members of the public concerning Israel’s policies and conduct during the military
operations in the Gaza Strip. The Mission also recommends that Israel should set up an
independent inquiry to assess whether the treatment by Israeli judicial authorities of
Palestinian and Jewish Israelis expressing dissent in connection with the offensive was
discriminatory, in terms of both charges and detention pending trial. The results of the
inquiry should be made public and, subject to the findings, appropriate remedial action
should be taken”.
46.
Human rights NGOs have reported that the Government of Israel has made efforts to
decrease the financial support available to such organizations working in the Occupied
9
10
11
12
Information obtained from the Office for the Coordination of Humanitarian Affairs (OCHA) in the
OPT.
See B’Tselem statistics as of 31 January 2010 at
www.btselem.org/english/statistics/Detainees_and_Prisoners.asp, and Addameer’s statistics for
January 2010 at http://addameer.info/?icat=18. .
Ibid. See also Defence for Children International, Child Detainee Figures as of 16 February 2010 at
www.dci-pal.org/english/Display.cfm?DocId=902&CategoryId=11.
Rami Dhaqar Ismai’l Anbar et al v GOC Southern Command et al , HCJ 5268/08, 09 December 2009
at para. 8.
9
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