Dear friends

Over two decades ago, HaMoked exposed the existence of a secret prison in Israel. In response to efforts to locate people who had been arrested, the military was compelled to inform us that Palestinians (and later Lebanese citizens) were being held in “Facility 1391”. What was 1391? WHERE was it? We received no answers, but after a lengthy legal battle, the State moved all detainees out of 1391, and it appears that it has not been used since 2006.

Today we are fighting a system of enforced disappearance of thousands of Palestinians from the Gaza Strip. These are not secret prisons like 1391. We know WHERE the Gaza detainees are being held – in Sde Teiman, Anatot and Ofer military detention facilities. But the State refuses to tell us WHO is being held there.

Hundreds of families from Gaza have contacted HaMoked looking for loved ones. In some cases, they saw their family members taken away by Israeli forces. In other cases, they don’t know whether their relative is detained, or missing, or dead. The military has denied lawyers’ access to these facilities, and Israel no longer provides information or access to the International Committee of the Red Cross. These families are desperate to receive any information.

However, in complete disregard of both domestic and international law and past practice, Israeli authorities insist they have no obligation to inform Gaza families about relatives held in custody. Shamefully, even after many months and dozens of petitions, Israel’s High Court of Justice has avoided ruling on the legality of what amounts to mass enforced disappearances.

Last month we finally made some progress on this issue. In response to one of our habeas corpus petitions, the military set up a mechanism to coordinate visits by lawyers, which includes informing where the detainee is being held – but only after 90 days of detention. This is an outrageously long period of time to hold a person with no information to their family.

We continue to file legal challenges against these enforced disappearances. We currently have five habeas corpus petitions pending in Israel’s High Court of Justice.

We are also challenging the harsh detention conditions, both of Gaza detainees as well as those of Palestinians from the West Bank. The High Court refused to discuss our principled petition, so we have filed 17 individual prisoner petitions against starvation of prisoners, severe overcrowding, denial of basic personal items, and violent treatment in the Israel Prison Service. Together with partner organizations we filed petitions demanding to renew ICRC access to prisoners, that Israel close the Sde Teiman military detention camp, and that the Unlawful Combatants Law be amended to ensure appropriate judicial review.

Minister Ben Gvir has justified the inhumane treatment of Palestinian detainees given Hamas’ holding of 120 Israelis as hostages in harsh conditions. Holding human beings as bargaining chips, withholding food, denying ICRC access and medical care - these are criminal acts regardless of who perpetrates them, and they are unjustified in any circumstances. These are terrible times and I’m afraid I don’t see them ending soon. Our commitment to basic rights is tested precisely in such times.

I thank you for your support for HaMoked’s work.

Jessica Montell
Executive Director of HaMoked