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Israeli Court to Rule on Release of Palestinian Staging Hunger Strike Israeli Court to Rule on Release of Palestinian Staging Hunger Strike
(about 1 hour later)
RAMALLAH, West Bank — The Israeli Supreme Court was to rule on the release of a Palestinian prisoner who has been on a hunger strike for two months in protest of his incarceration, after last-minute negotiations on Wednesday appeared to falter.RAMALLAH, West Bank — The Israeli Supreme Court was to rule on the release of a Palestinian prisoner who has been on a hunger strike for two months in protest of his incarceration, after last-minute negotiations on Wednesday appeared to falter.
Lawyers for the prisoner, Mohammad Allan, could not obtain his consent on a tentative offer that would have granted him freedom by early November because his mental state had deteriorated and he was no longer capable of making decisions, said Issa Qaraqe, the Palestinian minister for prisoner affairs. The prisoner, Mohammad Allan, a 31-year-old lawyer who has not eaten since June 16 to protest his indefinite incarceration without known charges, had presented a particularly challenging case because his fast entered a critical phase just as Israel passed a law last month that allowed the force-feeding of hunger strikers.
Mr. Qaraqe said that “Allan did not give a response” when he was visited by one of his lawyers, Jamil Khatib, in the Barzilai Medical Center in Ashkelon, in southern Israel. The case has presented Israel with a difficult set of choices: release Mr. Allan and capitulate to the demands of hunger strikers, or risk unleashing violence if he dies.
An official close to another lawyer for Mr. Allan provided similar information and said that the legal team would now press for Mr. Allan’s immediate release on the grounds that his deteriorating condition meant he did not pose a threat to Israel’s security. Palestinians have turned to hunger strikes as a way to put a spotlight on the way hundreds of prisoners have been detained without known charges, using a form of incarceration known as administrative detention that can be indefinitely renewed, sometimes for years.
The deal had called for Mr. Allan to be released in early November, according to officials close to his lawyers and Palestinian news reports. Mr. Allan’s lawyers said they were now pressing for his immediate release on the grounds that his deteriorating condition meant he did not pose a threat to Israeli security. State prosecutors said they could agree to release Mr. Allan by early November, when his current period of incarceration ends, said an official close to Mr. Allan’s lawyers.
Mr. Allan, a 31-year-old lawyer who has not eaten since June 16 to protest his indefinite incarceration without known charges, had presented a particularly challenging case because his fast entered a critical phase just as Israel passed a law last month that allowed the force-feeding of hunger strikers. The official, who spoke on the condition of anonymity because he was not authorized to speak to the news media, said Mr. Allan’s legal team could not accept a November release date because of his condition.
The proposal, made early Wednesday, would have released Mr. Allan when his current six-month period of what is known as administrative detention was set to expire, said an official close to Mr. Allan’s lawyers. The development was also reported by the Israeli and Palestinian news media. In response, the state has ordered a medical examination for Mr. Allan, the official said, and he could be released immediately if permanent brain damage is found. But doctors at the hospital where Mr. Allan is being held said he did not have brain damage, the Israeli news media reported.
The deal had appeared to present a scaling back by the Israeli authorities, who have been trying to balance a desire to stand firm in response to hunger strikers with concerns that the death of a Palestinian prisoner could provoke widespread outrage among Palestinians. Earlier on Wednesday, advocates for Mr. Allan said he was unable to respond to the offer that would have led to his release in November. The proposal would have released Mr. Allan when his current six-month period of administrative detention was set to expire, said the official close to Mr. Allan’s lawyers.
It was similar to others made to Palestinian hunger strikers in the past, and it was far from the state’s initial negotiating position: Mr. Allan would be released only if he agreed to four years’ exile, according to the prisoner’s lawyers. Mr. Allan had demanded that he be released in late September, in time for the Muslim celebration of Eid al-Adha. It was similar to proposals made to Palestinian hunger strikers in the past, and it was far from the state’s initial negotiating position: Mr. Allan would be released only if he agreed to four years’ exile, according to the prisoner’s lawyers. Mr. Allan had demanded that he be released in late September, in time for the Muslim celebration of Eid al-Adha.
Conservative politicians and Israeli security experts condemned the negotiations and the court hearing, calling them a capitulation to militancy.Conservative politicians and Israeli security experts condemned the negotiations and the court hearing, calling them a capitulation to militancy.
“I think that in light of the fact that at issue is a political protest, if we need to force-feed him, we should force-feed him,” Yaakov Peri, an Israeli minister and former head of the Shin Bet internal security agency, said to the Israeli news media.“I think that in light of the fact that at issue is a political protest, if we need to force-feed him, we should force-feed him,” Yaakov Peri, an Israeli minister and former head of the Shin Bet internal security agency, said to the Israeli news media.
Lior Akerman, a former Shin Bet officer, said that negotiations gave Palestinians the possibility of winning a “prize” for holding a hunger strike.Lior Akerman, a former Shin Bet officer, said that negotiations gave Palestinians the possibility of winning a “prize” for holding a hunger strike.
“The result will be that tomorrow all 300 administrative detainees will hold a hunger strike and be rewarded,” he said.“The result will be that tomorrow all 300 administrative detainees will hold a hunger strike and be rewarded,” he said.
Mr. Allan lost consciousness on Friday. His collapsing health stoked fears that he could die at any moment, as his lungs had stopped working and he had seizures while under observation at the Barzilai Medical Center. He was placed on an artificial respirator and was given salts and minerals intravenously. Mr. Allan lost consciousness on Friday. His collapsing health stoked fears that he could die at any moment, as his lungs had stopped working and he had seizures while under observation at the Barzilai Medical Center in Ashkelon, Israel. He was placed on an artificial respirator and was given salts and minerals intravenously.
He regained consciousness on Tuesday, and he told his lawyers that he would stop consuming any nutrients — even water — if there was no deal to release him, a situation that would lead to death.He regained consciousness on Tuesday, and he told his lawyers that he would stop consuming any nutrients — even water — if there was no deal to release him, a situation that would lead to death.
The force-feeding law was never applied to Mr. Allan, who, in some ways, became a test for the measure and highlighted the problems associated with using it. Israeli officials could not find a doctor willing to set in motion the law’s application by forcibly undertaking medical tests, and Mr. Allan’s health had deteriorated far too rapidly for force-feeding to be a viable option.The force-feeding law was never applied to Mr. Allan, who, in some ways, became a test for the measure and highlighted the problems associated with using it. Israeli officials could not find a doctor willing to set in motion the law’s application by forcibly undertaking medical tests, and Mr. Allan’s health had deteriorated far too rapidly for force-feeding to be a viable option.
But the dispute surrounding the law overshadowed a reality noted by the advocates of Palestinian hunger strikers and the Israeli medical establishment: Both tend to approve of medical intervention by giving nutrients to prisoners who lose consciousness, returning them to a condition in which they can express their wishes.But the dispute surrounding the law overshadowed a reality noted by the advocates of Palestinian hunger strikers and the Israeli medical establishment: Both tend to approve of medical intervention by giving nutrients to prisoners who lose consciousness, returning them to a condition in which they can express their wishes.
Conservative Israeli ministers had pushed for the law, arguing that it would prevent Israel from acceding to the demands of hunger strikers and prevent an outbreak of Palestinian violence should Mr. Allan die.Conservative Israeli ministers had pushed for the law, arguing that it would prevent Israel from acceding to the demands of hunger strikers and prevent an outbreak of Palestinian violence should Mr. Allan die.
Instead, the ensuing debate has emphasized how Israel has struggled to deal with nonviolent resistance efforts like the mounting cultural, academic and economic boycott movement.Instead, the ensuing debate has emphasized how Israel has struggled to deal with nonviolent resistance efforts like the mounting cultural, academic and economic boycott movement.
Mr. Allan’s fast highlighted Israel’s contentious form of incarceration, called administrative detention, in which detainees are held for six-month renewable periods, sometimes for years, without ever knowing the charges against them. Although a few Israelis are being held in administrative detention, it is usually applied to Palestinians. Israeli security officials say they cannot make the charges known under administrative detention because it would expose their intelligence gathering networks. They also argue that the form of incarceration, which has been applied mostly to Palestinians, along with a few Israelis, is used only when the detainee poses a risk to Israeli security.
Mr. Qaraqe, the Palestinian official, said 24 prisoners in administrative detention had begun hunger strikes on Tuesday to protest their incarceration and to show solidarity with Mr. Allan. Issa Qaraqe, the Palestinian minister for prisoner affairs, said 24 prisoners in administrative detention had begun hunger strikes on Tuesday to protest their incarceration and to show solidarity with Mr. Allan.
In Israel, at least eight Palestinians have been released in recent years after lengthy hunger strikes, Addameer said. The most famous cases involved Khader Adnan, another Islamic Jihad activist, who was freed in June after a 55-day fast, and in 2012 after he went 66 days without eating. In Israel, at least eight Palestinians have been released in recent years after lengthy hunger strikes, the Palestinian prisoner rights group Addameer said. The most famous cases involved Khader Adnan, another Islamic Jihad activist, who was freed in June after a 55-day fast and in 2012 after he went 66 days without eating.