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מגזין הכיבוש - חיים תחת כיבוש
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מסר דחוף בעניינה של האסירה האדמיניסטרטיבית חנה שלאבי, השובתת רעב זה תשעה ימים
מאת אנאן עודה
25.2.2012
חנה יחיא שלאבי נולדה ב 2.7.1982 ונאסרה באופן אדמיניסטרטיבי ב 14.9.2009. מקום מגוריה הוא בכפר בורקין הסמוך לג`נין. היא לא שוחררה כמצופה ב 12.9.2010 אלא רק ב 18.10.2011 במסגרת עסקה בין ממשלת ישראל לארגון חמאס
הדיווח של אנאן עודה כולל תאור של הברוטליות של החיילים שבצעו את המעצר הראשון, שכלל אלימות וביזוי תמונת אחיה של חנה שלאבי, סאמר, שנהרג בידי חיילים ישראלים
ב 2005. הדיווח כולל גם תאור של חקירה אכזרית ומשפילה, כולל סדרת ארועים של אלימות מינית מכוונת ופגיעה, באמצעות מניעת האפשרות להבחין בין יום ללילה, ביכולתה לקיים את מנהגי הרמאדן. הדיווח מדגיש שחקירות אכזריות לא העלו כל אשמה. המעצר האדמיניסטרטיבי המתמשך, ללא הגשת כתב אישום, הוא עצמו כתב אישום חמור כנגד מערכת המשפט הצבאי של הכיבוש הישראלי
להלן הטכסט המקורי מאת אנאן עודה, באנגלית
Hanh Shalabi was among more than 1,000 Palestinian prisoners released in
October in a trade for Israeli soldier Gilad Shalit.
Hana was re-arrested on February 16 2012 and ordered to be detained
without trial for six months - administrative detention. She decided to
protest her arbitrary detention same way as the hero Khade Adnan and today
she is on the ninth day of her open hunger strike. She needs
our immediate support, I believe that every one can do something
to emphasize her cause and to make a pressure at the right time - before
it is too late - to have her released.
Please distribute the story widely and I will do my best to keep you
updated.
Here is her profile from the previous arbitrary detention, so you
can learn something about her and about how she suffered that time:
HANA YAHYA SHALABI
Date of birth: 2 July 1982
Place of detention: Hasharon prison
Date of arrest: 14 September 2009
Place of residence: Burqin, Jenin
Number of order renewals: One
Expected end of administrative detention order: 12 September 2010
Date of release: Hana was released on 18 October 2011 as part of the
prisoner exchange deal concluded by the Israeli government and Hamas
authorities
ARREST AND INTERROGATION Hana Yahya Shalabi was arrested from her family
home on 14 September 2009. At approximately 1:30 a.m. that morning,
Israeli soldiers in 12 military jeeps surrounded her house in Burqin
village, near the West Bank town of Jenin. The soldiers ordered Hana`s
entire family outside of the house and demanded Hana give them her
identity card. They then proceeded to conduct a thorough search of the
family`s home. During the search, one of the soldiers forcibly removed
framed pictures of Hana`s brother Samer, who was killed by the Israeli
army in 2005, tore them apart and walked over the pieces in front of the
entire family. The soldiers then started shouting and cursing at Hana and
her family members. When Hana`s father, aged 63, attempted to intervene
and protect his daughter from continued verbal abuse, one Israeli soldier
pushed him in the chest with the butt of a rifle. Clearly distressed,
Hana`s mother fainted at this scene. The soldiers then handcuffed Hana in
painfully tight shackles around her wrists and placed her under arrest.
Hana was then transferred by military jeep to Salem Detention Center.
During the transfer, Hana`s abaya, a traditional Muslim religious dress
covering the entire body worn by women over home clothes, came open,
uncovering her clothes and parts of her body. Some of the male soldiers
accompanying her in the jeep took pictures of her at this point,
consciously exploiting her situation, knowing she would feel offended and
humiliated by such photos. Upon arrival to Salem Detention Center, a
doctor gave Hana a quick physical examination. Immediately after the
examination, Hana was transferred to Kishon Detention Center inside Israel
where her interrogation formally began. Solitary confinement and abuse
Hana was held in solitary confinement at Kishon Detention Center for eight
consecutive days, in a cell measuring six square meters that contained no
windows or natural sunlight. The cell contained only a mattress and a
bathroom, and was reportedly very dirty. Hana was subjected to exhausting
interrogation sessions every day, which lasted from 10:00 a.m. until the
late evening hours. The lack of natural sunlight during this period caused
her to lose all sense of time and she was often unable to determine
whether it was night or day. As this period of isolation and
disorientation coincided with the holy month of Ramadan, Hana was unable
to monitor time in order to respect her fast. As a result, she decided not
to eat at all, refusing meals and drinking water only during the entire
eight day period. Hana was also subjected to sexual harassment and
physical violence during her interrogation. Hana told Addameer attorney
Safa Abdo of an incident that occurred at end of an interrogation session,
in which she did not confess to committing a crime, as her interrogators
had expected. In a move that Addameer contends was an effort to provoke
Hana, one of the Israeli interrogators called Hana `habibti` (Arabic for
`darling`) in a provocative manner. Feeling humiliated and angry at the
interrogator`s offensive use of an intimate term, Hana started shouting at
him. The interrogators responded by slapping her on her face and beating
her on her arms and hands. The guards then took her back to her cell where
they tied her to the bed frame and continued humiliating her by taking
pictures of her laying in that position. Addameer is greatly concerned
by the verbal abuse Israeli detaining authorities display towards
Palestinian female prisoners by directing sexual threats towards them and
using inappropriate, vulgar language. Addameer contends that this behavior
is done in a deliberate effort to exploit Palestinian women`s fears by
playing on patriarchal norms as well as gender stereotypes within
particular customs of Palestinian society. ADMINISTRATIVE DETENTION
After Hana`s interrogation period concluded, she remained in Kishon
Detention Center for nine additional days, which Israeli authorities
claimed were necessary for the purpose of investigation. On 29 September
2009, Israeli Military Commander Ilan Malka issued a six-month
administrative detention order against Hana on the premise that she posed
a threat to the `security of the area`. The order was set to expire on 28
March 2010. At the judicial review of the order, which took place on 5
October 2009 at the Court of Administrative Detainees in Ofer Military
Base, near the West Bank city of Ramallah, military judge Ilan Nun
confirmed the order for the entire six month period, but agreed to count
the two weeks Hana had already been detained towards her detention period.
In his decision, Nun alleged that, based on the `secret information` made
available to him by the military prosecution, Hana was intending to carry
out a `terrorist attack`. The judge further claimed that Hana had already
undertaken initial steps in preparation for the attack, though he provided
no proof to support this allegation. Addameer contends that the judge`s
decision raises serious questions and fair trial issues. Seventeen days of
investigation by the Israeli Security Agency, including eight days of
consecutive interrogation did not prove the suspicions against Hana and no
evidence of the alleged `intention` was brought before the court.
Moreover, at no point did the court establish Hana`s affiliation with a
Palestinian political party or armed group, nor did it establish whether
Hana planned to carry out the alleged attack by herself or in partnership
with anyone else. Additionally, the nature of a possible partnership was
never investigated. Importantly, all suspicions directed towards Hana
remained vague and general, leaving her without any legitimate means to
defend herself. Although administrative detention orders issued by the
Israeli military commander are the subject of review and further appeal by
a military court, neither lawyers nor detainees are permitted to see the
`secret information` used as a basis for the detention orders, rendering
any possible legal defense meaningless. Hana`s attorneys filed an appeal
against her administrative detention order, but the appeal was refused.
Hana is now set to be held without charge or trial until 13 March 2010.
DETENTION CONDITIONS Prior to her transfer to HaSharon Prison, Hana spent
a total of 17 days in Kishon Detention Center, where she was not once
given a change of clean clothes. Hana continued to be detained in
interrogation-like conditions for three days after her administrative
detention order was issued. On 1 October 2009, she was eventually
transferred to Section 2 of HaSharon Prison, where, due to overcrowding,
she was placed in the same section as female Israeli criminal offenders.
This placement is a direct violation of Israeli Prison Service
Regulations, which stipulate that administrative detainees are to be held
separately from all other detainees and prisoners, including those who
have been convicted of a crime. Moreover, detained in the same sections as
Israeli criminal offenders, Palestinian female prisoners are almost always
discriminated against, enjoy fewer recreation hours and are often
subjected to humiliation and abusive language from Israeli prisoners, who
threaten them of physical attack. As a result, Palestinian women live in
constant fear and often experience insomnia, and other psychological
problems for the entire time they are detained in the same sections with
Israeli women. Addameer attorney Safa Abdo filed a complaint with the
HaSharon Prison administration regarding Hana`s detention conditions. On
25 October 2009, after being held for 25 days among Israeli criminal
offenders, Hana was finally moved to Section 12 of HaSharon Prison with
the other Palestinian female prisoners, where she was held together with
approximately 18 other Palestinian female prisoners. The building which
now constitutes the prison complex served as the headquarters of the
British Mounted Police during the British Mandate in Palestine and, as
such, was never designed for the incarceration of women. As a result, Hana
suffered from the harsh detention conditions and complained of
overcrowding, humidity, lack of natural sunlight and adequate ventilation,
as well as poor hygiene standards.(1)
PERSONAL INFORMATION Prior to her arrest by the Israeli authorities,
Hana was arrested and held by the Palestinian intelligence forces for a
week in 2009 for the purpose of interrogation. During this period, Hana
was permitted to sleep at home and was kept in detention from 9:00 a.m.
until 11:00 p.m. each day. Hana is one of nine children in a family of
farmers in Burqin village, next to Jenin. On 29 September 2005, Hana`s
brother Samer was killed by Israeli forces during an incursion in the
village. Although Hana never intended to pursue university studies after
completing her secondary education, she now vows to study journalism after
she is released to advocate for the rights of Palestinian prisoners.
-----------------------
Administrative detention is a procedure that allows the Israeli military
to hold detainees indefinitely on secret evidence without charging them or
allowing them to stand trial. In the occupied Palestinian West Bank, the
Israeli army is authorized to issue administrative detention orders
against Palestinian civilians on the basis of Military Order 1591. This
order empowers military commanders to detain an individual for up to six
month renewable periods if they have `reasonable grounds to presume that
the security of the area or public security require the detention.` On or
just before the expiry date, the detention order is frequently renewed.
This process can be continued indefinitely.
יכ
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זה אינו "מבצע נגד טרור"- זהו נסיון לדכא מרד