Since Ben-Gvir took office as Minister of National Security, there has been a rapid deterioration of prisoners' rights, especially concerning Palestinian security prisoners. For many years, ACRI has been actively working to expose and address these issues through advocacy and legal action. Since the onset of the war, disturbing testimonies of severe prison abuse and inhumane conditions have come to light, exposing direct violations of both international law and the security prisoner regulations in Israeli law. In response, ACRI has diligently worked to protect the rights of prisoners in the Israeli Prison System (IPS) and military detention facilities. We have also advocated for the continuation of monitoring mechanisms required by law, including the involvement of the International Committee of the Red Cross (ICRC). Below are the key actions ACRI has taken to hold Israel accountable to international legal standards within its prison and military detention facilities.
Since 1967, the International Red Cross (ICRC) has regularly visited Palestinian prisoners and served as the primary source of information for families regarding the prisoners' status. Since October 7th, Israel has denied the ICRC access to prisoners. The ICRC is not only the most experienced monitoring institution, but it also has a mandated role within international law and the Geneva Convention to visit "enemy" prisoners.
In collaboration with Physicians for Human Rights, HaMoked, and Gisha, ACRI filed a petition on February 22, 2024, challenging the decision to revoke the ICRC’s access to Palestinians in Israeli custody and to cease providing information to the ICRC regarding individual prisoners. The State has sought 13 extensions to respond to our legal petition. As a result, the court shifted the burden of proof from ACRI to the State due to its repeated attempts to avoid accountability. In June, the state announced plans to make this ban permanent, suggesting a new ‘prison monitoring mechanism’ as a replacement. ACRI argues that ceasing the ICRC’s neutrality, independence, and expertise would breach International Humanitarian Law. ACRI insists that the state’s responsibilities to detainees remain unchanged. A hearing on this matter is scheduled for September 2024.
Since January, ACRI has been spearheading efforts to close the Sde Teman detention center. At our initial hearing in May, over 750 prisoners were held there. This week, the state reported that only 13 detainees remain and claimed that the center is now primarily used for investigations and medical care rather than long-term detention. Despite these claims, ACRI argues that the facility’s conditions remain inadequate and do not meet legal standards, even for a single detainee. Therefore, ACRI continues to advocate for its full and permanent closure.
ACRI, in collaboration with Gisha, has petitioned the High Court challenging the policy of insufficient food for Palestinian security prisoners in IPS facilities. Since the war began, the IPS has significantly altered the prisoner food menu, resulting in different meals for Palestinian security prisoners compared to other criminal prisoners. The meals provided to Palestinian Security prisoners are neither satisfactory nor nutritious. This unequal treatment has resulted in severe malnutrition and health issues, some of which are life-threatening. The petition argues that this policy amounts to torture, violating both Israeli and international law. It asserts that the policy undermines the prisoners' constitutional rights to dignity and health, constitutes collective punishment, and fails to meet the IPS's duty to ensure appropriate conditions.
After a June 2024 hearing, the state issued a limited response concerning changes to the prison menu made in response to the petition. However, discrepancies remain between the menus for security and criminal prisoners. ACRI maintains that there is no justification for this discrimination between prisoner groups. We are now awaiting the court's decision on how to move forward, which will be critical in addressing the serious concerns about the treatment of Palestinian security prisoners.
Even in times of crisis, Israel must uphold international law and its own standards. ACRI remains committed to defending prisoners' rights and holding Israeli authorities accountable for any violations.
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