It was truly
amazing to see the joy
and celebration
surrounding the
release of three
Israeli hostages, who
were released this
week as part of a
prisoner
exchange/ceasefire
agreement. They
appeared to be
well-fed and in good
condition, though I am
sure the psychological
scars of their
captivity will be with
them for a long time.
But, what of the
Palestinian prisoners?
90 of them, all
women and children,
were released the same
day. But, we did not
see them in mainstream
media outlets, or know
of their ordeals and
the agony they
experienced, or
witness the
celebrations of their
families. In fact,
Israel prohibited any
public celebrations
(or expressions of
joy) to be made within
its borders for their
release. The police
even visited the East
Jerusalem families of
released prisoners
specifically to remind
them of this law. The
Israeli narrative is
that Palestinian
prisoners are
“terrorists and
hardened Hamas
criminals,” who will
probably just be
hunted down and
rearrested or
assassinated once
Israel gets back all
of its hostages—as
some Israeli officials
have declared in the
Hebrew news media.
From the
Palestinian
perspective: there are
about 13,000
Palestinian prisoners
and detainees in
Israeli jails who are
just as worthy of our
concern and also merit
our sympathy, and
whose families will
rejoice at their long
awaited release. More
and more Palestinians
are arrested,
continuously,
including the medical
staff of hospitals in
Gaza and ordinary
Palestinians in the
West Bank. In fact,
Israel just arrested
60 additional
Palestinians, who were
all the male
worshippers in a
Qalqilia mosque, the
very same day as the
release of the three
Israeli hostages. It
was as if they wanted
to compensate for the
90 Palestinian
hostages they released
that day.
3,000 of the
Palestinian prisoners
(hostages
is a more appropriate
term) are
“administrative
detainees,” meaning
they have not been
charged with any crime
nor will they be put
on trial for anything.
Among the Palestinians
released last Sunday
was Khalida Jarrar, a
Palestinian Member of
Parliament, who upon her release appeared like a ghost, her
hair gone completely
white and her figure
like a skeleton. She
reports having been in
solitary confinement
for 150 days prior to
her release. In fact,
all the Palestinians
released appear
visibly weak, having
lost about 30-40lbs on
average, and are
reporting serious
abuses like beatings,
deliberate starvation,
and gross
mistreatment. The
Israeli Minister of
Police, Itamar Ben
Gvir, has proudly
reported that since
October 7 he made sure
to increase the
suffering of
Palestinian prisoners
and proactively worsen
their conditions. He
significantly reduced
their food rations,
their hot water and
their ability to
exercise. He
confiscated books,
papers, and other
personal effects,
along with hygiene
supplies and other
“privileges.” He cut
off access to their
families as well as
the Red Cross, doubled
their already crowded
per room occupancy,
and established a
regime of beatings,
punishments, and daily
humiliations.
In addition to
the “administrative
detainees,” another
10,000 or so are
serving various
sentences after being
tried in Israeli
military courts. My
own experience as an
attorney, echoed by
Palestinian, Israeli,
and international
human rights
organizations, is that
these military courts
are a total sham. With
a conviction rate of
99%, verdicts are
based almost
exclusively on signed
confessions extracted
from the Palestinian
defendant or other
Palestinian
“witnesses” under
conditions of coercion
and torture.
One of the
prisoners slated for
release is well known
to the FOSNA
community. You can
read the details of
his case here and here. I am thrilled to report that Mohammad
Halabi is slated to be
released during Phase
1 of the agreement.
When he is released,
we will share this
wonderful news and
update all who have
been following his
case.
Mohammad Halabi,
who was arrested six
years ago, was the
Director of World
Vision International
(WVI) in Gaza. He was
falsely accused of
funneling World Vision
development aid to
Hamas, diverting aid
money and importing
building materials to
Hamas, via the Rafah
Crossing, to build
tunnels. The charges
were ridiculous on
their face, as the
amounts alleged
exceeded the World
Vision budget and
because WVI did not
import any steel rods
or other such
“dual-use” materials
as claimed. Two
international audits
confirmed that no
money was missing or
unaccounted for.
Halabi insisted on his
innocence, refusing to
accept any deal that
would allow him to
return home in
exchange for a
confession. His
lawyers (hobbled by
secrecy requirements
and threats) fought
for his release over
the course of 160
hearings before the
judgement was finally
delivered, sentencing
him to 11 years in
jail. The appeal is
still pending. He
could not receive any
justice in Israeli
courts, but he is now
slated to be released
as part of the
ceasefire/hostage
exchange deal.
The truth is that
every single
Palestinian home in
the West Bank and Gaza
has had a member or
close relative
imprisoned at one time
or another. All are
subject to arbitrary
detention at any time.
The primary goal of
Hamas in taking
hostages on October 7
was the release of
prisoners. The taking
of civilian hostages
(as opposed to armed
fighters) is a
violation of
international law, as
well as basic
morality. Yet, many
Palestinians feel
there is no hope for
the release of their
loved ones except
through some political
settlement or by
obtaining some
leverage through the
capturing of Israelis
and exchanging them
for their own
imprisoned hostages.
We rejoice with
those whose relatives
are released, and also
for the return of the
remains of those who
have been killed to
their loved ones for
proper burial (Israel
holds the remains of
hundreds of martyred
Palestinians, which it
refuses to deliver to
their families).
Hopefully, they will
be returned in Phase
III of the current
agreement.
As we rejoice in
this partial victory
for all, let us
remember with empathy
and humanity all who
are imprisoned in this
ongoing tragedy. We
pray for the release
of all prisoners and
hostages and, in the
meantime, pray for
their humane treatment
until the day of their
liberation.
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