| 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. |
