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Israeli Court Rules to Suspend Palestinian Prisoner’s Detention Israeli Court Approves Release of Fasting Palestinian
(about 5 hours later)
RAMALLAH, West Bank — The Israeli Supreme Court cleared the way on Wednesday for the release of a Palestinian prisoner who was on a two-month hunger strike, saying that his deteriorating health meant he did not pose a security threat. RAMALLAH, West Bank — The Israeli Supreme Court cleared the way on Wednesday for the temporary release of a Palestinian prisoner whose two-month hunger strike might have left him with brain damage.
The prisoner, Mohammad Allan, a 31-year-old lawyer who has not eaten since June 16 to protest his indefinite incarceration without charges, entered a critical phase of his fast just as Israel passed a law last month that allowed the force-feeding of hunger strikers. The health of the prisoner, Mohammad Allan, 31, a lawyer and member of a militant Palestinian group who has not eaten since June 16 to protest his indefinite incarceration, had worsened since Israel passed a law last month that allowed the force-feeding of hunger strikers.
Mr. Allan’s case has presented Israel with a difficult choice: Release Mr. Allan and capitulate to the demands of hunger strikers, or risk unleashing violence if he dies. On Wednesday, a medical examination found that Mr. Allan had suffered brain damage because of his fast, although it was not clear if the damage was permanent.
On Wednesday, a medical examination found that Mr. Allan had sustained brain damage because of his fast, although it was not clear if the damage was permanent. Mr. Allan’s case has presented Israel with a difficult choice: release him and capitulate to the demands of hunger strikers, or risk unleashing violence if he dies.
In its decision, the court said that Mr. Allan’s incarceration under a system known as administrative detention was no longer valid because of his health, and ordered it suspended. In its decision, the court said that Mr. Allan’s incarceration under a system known as administrative detention was no longer valid because of his deteriorated health and ordered it suspended.
“At the current stage, in light of the hunger striker’s medical condition, the administrative warrant is no longer in effect,” the ruling said.“At the current stage, in light of the hunger striker’s medical condition, the administrative warrant is no longer in effect,” the ruling said.
Mr. Allan will remain in intensive care at Barzilai Medical Center in Ashkelon, in southern Israel. “His family members and relatives will be able to visit him, not as a detainee,” the ruling said. Mr. Allan’s fast underscored the problems with the recent Israeli law that allows the force feeding of hunger strikers in extreme cases. The law was not applied in this case, and its future remains uncertain.
After the court’s ruling on Wednesday, Eli Ben-Dahan, Israel’s deputy defense minister, said the decision hurt the country’s security. “Surrendering to the extortion of a single prisoner is giving a prize to terrorism and will only lead to mass hunger strikes of more prisoners,” he told Israel’s Channel 7 television.
The court said Wednesday that Mr. Allan did not pose a threat “at this time,” and that his detention order was suspended but not canceled. If his medical condition worsens or the damage is found to be irreversible, “the warrant will be canceled and not extended,” the court added.
Mr. Allan was to remain in intensive care at Barzilai Medical Center in Ashkelon, in southern Israel, but he will not be shackled and his family will be allowed to visit him.
After the ruling, the Israeli news media reported that Mr. Allan’s condition had deteriorated further and that he had been sedated.After the ruling, the Israeli news media reported that Mr. Allan’s condition had deteriorated further and that he had been sedated.
Lawyers for Mr. Allan said they were pleased with the decision but upset that it had taken two days to clear the way for their client’s release — time in which Mr. Allan’s health deteriorated badly.Lawyers for Mr. Allan said they were pleased with the decision but upset that it had taken two days to clear the way for their client’s release — time in which Mr. Allan’s health deteriorated badly.
“The court could have ordered that two days ago in the first hearing, when the damage could have been reduced,” said Sawsan Zaher, one of the lawyers and a member of the Arab legal rights group Adalah.“The court could have ordered that two days ago in the first hearing, when the damage could have been reduced,” said Sawsan Zaher, one of the lawyers and a member of the Arab legal rights group Adalah.
The court said Wednesday that Mr. Allan did not pose a threat “at this time,” and that his detention order was suspended but not canceled. If his medical condition worsens or the damage is found to be irreversible, “the warrant will be canceled and not extended,” the court added. Palestinians have turned to hunger strikes to protest the way hundreds of prisoners have been detained under administrative detention, which can be indefinitely renewed, sometimes for years.
Mr. Allan’s hunger strike was the first to reach a critical point since a law was passed July 31 that allows for the force-feeding of prisoners to keep them alive. Israeli officials could not find a doctor willing to conduct the required medical tests to begin force-feeding Mr. Allan, and his health deteriorated too rapidly for it to be a viable option. Issa Qaraqe, the Palestinian minister for prisoner affairs, said 24 prisoners in administrative detention began hunger strikes on Tuesday to protest their incarceration and to show solidarity with Mr. Allan.
Palestinians have turned to hunger strikes to protest the holding of hundreds of prisoners under administrative detention, which can be indefinitely renewed, sometimes for years. Gilad Erdan, the minister of public security and a chief backer of the force-feeding law, blamed the Israeli Medical Association for Mr. Allan’s release. The association, which described the law as torture, had called on Israeli doctors not to comply with it.
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. “The decision to release the terrorist Allan was, first and foremost, made as a result of the Israeli Medical Association’s position,” Mr. Erdan wrote on Facebook, adding that it was time for the association “to honor the law instead of taking actions which ultimately lead to the release of terrorists.”
Mr. Allan’s lawyers said they had pressed for his release on the grounds that his worsening health meant he did not pose a threat to Israeli security. Prosecutors had said, according to an assistant to his legal team, that they would agree to release Mr. Allan in early November, when his current period of incarceration was scheduled to end. Jeffrey Feltman, the under secretary general at the United Nations for political affairs, called on Israel to “promptly” charge or release administrative detainees.
“This practice, whether used against Palestinians or Israelis, is incompatible with international human rights standards and should be ended,” he said in a statement on Wednesday.
Mr. Feltman also urged Israel to consider why Mr. Allan had undertaken his fast. “Careful consideration should be placed on addressing the underlying human rights concerns which lead prisoners to such extreme protests, including prolonged administrative detention,” he said.
The suspension of Mr. Allan’s incarceration order came after a court-ordered medical examination, which was conducted with the understanding that he would be released immediately if he was found to have permanent brain damage.The suspension of Mr. Allan’s incarceration order came after a court-ordered medical examination, which was conducted with the understanding that he would be released immediately if he was found to have permanent brain damage.
Mr. Allan lost consciousness on Friday, and he was placed on a respirator and given salts and minerals intravenously. Mr. Allan lost consciousness on Friday, and he was placed on an artificial respirator and given salts and minerals intravenously.
He regained consciousness on Tuesday and told his lawyers that he would stop consuming any nutrients, even water, if there was no deal to release him, a situation that would have led to his 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 his death.
In a news conference on Wednesday, the director of the hospital where Mr. Allan has been held said the prisoner appeared to have some brain damage, though it might be reversible.In a news conference on Wednesday, the director of the hospital where Mr. Allan has been held said the prisoner appeared to have some brain damage, though it might be reversible.
“Today, Mohammad began to slowly lose a coherent connection with his surroundings, a symptom that might be indicative of a problem in his brain,” the director, Dr. Hezi Levy, said. Mr. Allan, a member of the Palestinian militant group Islamic Jihad, has been detained since November, and his detention was renewed in May. Little more is known about his case.
The damage is not life threatening, Dr. Levy said, and “this specific damage can be reversed.” In the ruling, Elyakim Rubinstein, the vice president of the Israeli Supreme Court, noted the court had found that Mr. Allan’s arrest was “justified and there is no room to interfere with decisions reached by the military court.” The court refused to consider the broader issue of administrative detention.
He added that Mr. Allan was still “most certainly in a dangerous situation.” At least eight Palestinians in Israel have been released in recent years after lengthy hunger strikes, the Palestinian prisoner rights group Addameer said. One well-known case involved Khader Adnan, another Islamic Jihad activist, who was freed in June after a 55-day fast and in 2012 after 66 days without eating.
Mr. Allan, a member of the Palestinian militant group Islamic Jihad, has been detained since November, and his detention was renewed in May. Little more is known about his case because Israeli security officials do not publicize charges under administrative detention, saying it would expose their intelligence gathering.
At least eight Palestinians in Israel 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.